(Breaking News: We have just learned that all of Cameron County JP 2-2 Erin Garcia-Hernandez's marriage records have been subpoenaed by a grand jury and have been seized by investigators with the Cameron County District Attorney's Office. More details later.)
By Juan Montoya
Even before the current controversy involving the issuance of fraudulent waivers to the state-mandated 72-hour waiting period by JP 2-2 Erin Garcia-Hernandez erupted, we have learned that some staff members form the Cameron County Clerk's Office had told her privately that only the county judge or a district court was authorized to issue them.
According to sources there, Garcia-Hernandez – an attorney – is said to have asked them if they were sure she could not. Now we hear that she has hinted to some of the people there that perhaps they can say that it was their idea to use the fake waivers.
Nonetheless, she continued to issue them even though her justice of the peace court was not authorized under the Texas Family Code. Not only that, but her office created an instrument (a waiver), and then couples $40 for issuing it.
As an attorney, Garcia-Hernandez should have known that there is an established process in the Cameron County judicial wing for a couple who wants to forgo the 72-hour waiting period. Military personnel and those already living in marriage don't have to wait the 72 hours or need a waiver from a district judge. Everyone else needs to get approval from the county judge, a district judge, a court with jurisdiction over family law (not a JP court), an appellate court judge or a justice of the supreme court.
Further, there is already an established process in Cameron County through the county clerk, via the district clerk's office and the district courts to attain the waiver. The cost through the district clerk's office leaves a $237 fee with the county.
In the case of Erin Garcia-Hernandez, by bypassing the established process, it left $40 in her pocket plus the fee she charges for marrying couple, $250. It leaves $0 for the county.
So there you have it. There is ample proof that she knew of the process, had a bogus "waiver" document with the seal of her office imprinted upon it, and then sold it with the intention to fool the customer and profit personally from it.
Now that a couple has sued the justice of the peace in federal court to protect themselves from a negative decision on their residency application by the U.S. Citizenship and Immigration Service if they decide that the use of the fraudulent waiver was part of a scheme to defraud the government, the ball is now fully in the court of the local district attorney.
Was there a waiver issued in violation of the state's Family Code by Garcia-Hernandez? Was there a document (the waiver) created at her direction by her court that she was not authorized to issue? Did she – as some of the couples are saying – charge them $40 to get it? If so, not only did she commit a misdemeanor under the Family Code, but also a misdemeanor under the Texas Penal Code by tampering with a government document, but then the offense rises to a felony under the Texas Penal Code because she sold it with the intent to defraud.
This happened not once, mind you, but at least 13 times as far as far we know right now.
As we said, the paper trail is there for everyone to see. To produce a fake "waiver" is an obvious crime. To sell it is a felony. To be a repeat offender only makes matters worse. When will the state grand jury shoe drop?
To say that "everybody else did it" is to state a defense that two (or three) wrongs make a right. However, we have also l;earned that other JPs in the county might be guilty of issuing the waivers as well. Some have bypassed the system, we are told, by postdating the effective marriage date to 72 hours later.
To say that she will return the money is not only to admit guilt, but it begs the question that a crime was committed. What if every shoplifter, burglar, embezzler or bank robber simply give back the money or loot they have stolen and the law will forget it? It doesn't work that way. If the issue had not been raised, would she have gone about conducting business as usual? Probably.
According to federal law, it doesn't matter to the feds if the applicants believe that they are in compliance with state law. If the government thinks the issuance of waivers to have an immediate wedding without having to wait for the 72 hour period, it might cause them to delay or to even deny the applicants their residency or even their eventual citizenship.
According to a Department of Justice website, "The Supreme Court has ruled that the validity of their marriage under state law is immaterial to the issue of whether they defrauded the INS (Lutwak v. United States, 344 U.S. 604 (1953)."
Wednesday, October 23, 2013
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14 comments:
The grand jury meets on Wednesdays. Was her subpoena for today? If so, an indictment could be coming down as early as today. Keep us informed, JMon.
What kind of attorney is she? You keep mentioning attorney but there are differrent types. From what I understand she is a real estate attorney. Completely differrent kind of law.
Every time you turn a shovel of dirt at the courthouse a new crop of worms/cooks are discovered. This abuse of public office has been going on for so long, that it is the norm and they do it without even considering the consequences.
There are many more abuses of public office down there yet to be uncovered.
Next is father Ernie, and right now GayBobby is writing something trying to make Erin look good, now that he is on the Hernandezes payroll suddenly everybody is evil, everybody but Erin and his father.
Gaybob, You are worse than those you said are crooked, worse gaybob!
The WC demonizes any good honest people that opposes the most corrupt family in the county, while dinishing real facts about tthem. The guy is crazy, really sick, why anybody takes him seriously is anybodies guess
Put the bitch in jail.
GayBobby, AKA, BobbyFaggot, is sick because he's got Syphilis of the Brain...As Jesus spoke..."forgive him Father, as he knows not what he says"
Is there any validity to Erin's allegations, that other JP's have been doing similar dirt? If so, what's the chance the DA will do anything about the others? The AG and Feds really need to come into Cameron and clean this place up because our elected law enforcement refuses to police their own outside of blatant instances they can’t ignore. Even then, our local officials will quietly sweep matters away for those who can provide them benefit.
Corruption exists at every level of government here, from the smallest city right on up through the county level and district courts. Corruption is so inherent in the way every day business is conducted that it has become the accepted norm. These corrupt practices cannot exist without judges, lawyers and law enforcement unaware of it yet they continuously look the other way and do nothing about it. Why? Because they have all benefitted from the corrupt practices to get where they are. They would have to turn on one another to stop it thereby revealing their own hand in the corruption.
It is the reason why, no matter who we elect to offices with the power to clean up the corruption,
this county will never be able to purge itself of corruption without the AG and Feds doing it for us.
Why do some of you want to demean gays with these derogatory comments? I spoke to the Gay and Lesbian Coalition and they turned down his membership app.
I voted for Begum.
To think people keep voting for this scum....what do the Cheez pendejos say now?
Great job, and thank you for shedding light on these criminals.
juan so no other jp but erin does this thing? Im not defending her but what about linda salazar aka la chuca, isnt she very money hungry and doing almost all the marriages in cameron county? what about other JP's, try and spread it all around juna, find out the facts about all th ebolla de money hungry election officials and report them to the IRS, i bet they dont include all this extra cash they make on the side on their income tax returns. cool day
Agreed.........not to mention ABELARDO GOMEZ....and so MANY others that are out of line in so many ways......Its time to clean house
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