DISTRICT COURT. EL PASO COUNTY.
270 S. Tejon
Colorado Springs, Colorado 80901
STATE OF COLORADO, ex rel. JOH1’. W. SUTHERS,
IMMIGRATION CENTER alk/a U.S. IMMIGRATION
CENTER, IMMIGRATIONHELPLINE.ORG AND US
GOVERNMENT HELPLINE, a Colorado Non-Profit
Corporatio4, CHARLES DOUCETTE, individually
AND D/B/A LIBERTY LEGAL SERVICES,
MAYDENE MEDIA, AND IMMIGRATION FORMS
& SERVICES, DEBORAH STILSON alk!a Deborah
Malmstrom, individually, and ALFRED BOYCE,
individually, and dj’b/a IMMIGRATION FORMS &
Defendants. COURT USE ONLY
Attorneys for Plaintiff:
JOHN W. SUTHERS
OLIVIA C. DEBLASIO, 35867*
Assistant Attorney General
JAY B. SIMONSON, 24077*
First Assistant Attorney General
1525 Sherman Street, 4’ Floor
Denver, CO 80203
(303) 866-4916 Fax
*Counsel of Record
MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY
Plaintiff, the State of Colorado, upon relation of John Suthers, Attorney General
for the State of Colorado, by and through the undersigned counsel, moves this Court for a
Temporary Restraining Order and Preliminary Injunction pursuant to Cob. Rev. Stat.
§ 6-1-110(1) (2008), and Rule 65, R.C.P., to enjoin Defendants from engaging in
numerous deceptive trade practices as specified in Plaintiffs Complaint, and for such
other relief as this Court deems necessary and appropriate. As grounds for the foregoing,
Plaintiff states as follows:
1. Concurrent with the filing of this Motion, Plaintiff is filing a Verified
Complaint against Defendant Immigration Center, a non-profit corporation, and against
individuals, Charles Doucette, Deborah Stilson, and Alfred Boyce, and their various trade
names under which they operate. Plaintiffs Complaint alleges that Defendants have
violated and continue to violate the Colorado Consumer Protection Act, Cob. Rev. Stat.
§ 6-1-105(1) (2008) (“CCPA”), in the course of advertising and selling their purported
2. Defendants mislead consumers to believe that by contacting them
consumers are receiving services directly from U.S. Citizenship and Immigration
Services (“USCIS”) or another government agency, or from an entity contracted with the
government to perform “immigration services.” Defendants fail to adequately disclose
that they are not a government agency and have no affiliation with any government or
3. Defendants mislead consumers to believe that the hundreds of dollars in
fees paid to Defendants will cover filing fees charged by the U.S. Government.
Consumers are led to believe that the filing fees charged by the U.S. Government will be
waived by simply submitting a request for fee waiver or because the consumers are using
Defendants’ purported immigration services.
4. Defendants and their employees are unauthorized to select or complete
immigration forms for consumers, represent consumers’ interests to the USCIS or U.S.
Bureau of Immigration Appeals, or otherwise dispense legal services in Colorado.
Defendants are not affiliated with or accredited by USCIS or any government agency and
neither Defendants nor their employees are licensed to practice law in any state, including
5. Further, Defendants hire non-lawyers to handle intake of consumer calls.
Defendants train the sales staff to act as “immigration officers” and to advise consumers
on choosing immigration forms which are free and available to the public via the
USCIS’ website but which Defendants sell to consumers for hundreds of dollars.
Defendants in fact advise consumers against going to the USCIS web site to download
6. Defendants pay their sales staff on a commission basis, which encourages
staff to mislead and purposely fail to disclose the necessary USCIS’ filing fees and that
the forms are otherwise free on USCIS’ website.
7. This Court is expressly authorized to issue a Temporary Restraining Order
and Preliminary Injunction to enjoin ongoing violations of the CCPA by § 6-1-110(1),
(1) Whenever the attorney general or a district attorney has
cause to believe that a person has engaged in or is engaging
in any deceptive trade practice listed in section 6-1-105 or
part 7 of this article, the attorney general or district attorney
may apply for and obtain, in an action in the appropriate
district court of this state, a temporary restraining order or
injunction, or both, pursuant to the Colorado rules of civil
procedure, prohibiting such person from continuing such
practices, or engaging therein, or doing any act in
furtherance thereof. The court may make such orders or
judgments as may be necessary to prevent the use or
employment by such person of any such deceptive trade
practice or which may be necessary to completely
compensate or restore to the original position of any person
injured by means of any such practice or to prevent any
unjust enrichment by any person through the use or
employment of any deceptive trade practice.
C.R.S. § 6-1-110(1)
8. The temporary restraining order and preliminary injunction are sought by
the Colorado Attorney General on behalf of the State of Colorado to enforce state laws
affecting the public interest. Therefore, Plaintiff is not required to plead or prove
immediate or irreparable injury. Baseline Farms Two, LLP v. Hennings, 26 P.3d 1209,
1212 (Cob. App. 2001); Lloyd A. Fry Roofing Co. v. State Department of Air Pollution,
191 Cob. 463, 553 P.2d 200 (1976), cf Rathke v. MacFarlane, 648 P.2d 648 (Cob.
1982). Nevertheless, the Defendants’ deceptive practices are injurious to the public; and
continued violations, if not enjoined, will cause immediate and irreparable injury.
Immediate and irreparable injury to additional consumers will occur without a temporary
restraining order and preliminary injunction because Defendants will continue to obtain
money from consumers by deceptive and misleading representations.
9. Defendants will suffer no undue hardship by the entry of a Temporary
Restraining Order or Preliminary Injunction since Defendants have no right to continue to
engage in unlawful and deceptive trade practices in the State of Colorado, or to collect
money from consumers as a result of such unlawful and deceptive conduct in violation of
the CCPA. Further, Defendants have no right to unjustly benefit from such deceptive
trade practices. Without an injunction, Plaintiff will be unable to adequately protect the
public from Defendants’ ongoing unlawful activities.
CERTIFICATION REGARDING NOTICE OF TEMPORARY
RESTRAINING ORDER PURSUANT TO RULE 65(b)
10. C.R.C.P. 65(b) allows the entry of a temporary restraining order without
written or oral notice to defendants if it clearly appears from the facts shown by affidavit
or the Complaint that immediate and irreparable injury or damage will result from giving
said notice. In view of the circumstances of this case, as alleged in the Plaintiffs
Verified Complaint and contained in the affidavit of investigator Rebecca Wild, the entry
of a temporary restraining order without notice to defendants is necessary and
11. Specifically, notice to Defendants of the Temporary Restraining Order
would have the detrimental effect of giving Defendants time to liquidate their bank
accounts and move consumer files from their office locations.
12. In view of Defendants’ fraudulent and deceptive practices perpetrated in
Colorado, it is necessary and appropriate for the court to issue an Order to freeze any
bank accounts of defendants into which consumer funds have been deposited or
transferred. See, Cob. Rev. Stat. §. 6-1-110(1) (2008). This Order will maximize the
likelihood of recovering funds to compensate victims, will prevent Defendants’ unjust
enrichment, and will also help deter additional unlawful transactions.
13. It is further necessary and appropriate to issue an Order that the Attorney
General may impound Defendants’ consumer files stored at Defendants’ office(s) in
order to assess consumer harm and completely compensate or restore to the original
position any and all consumers injured by Defendants’ deceptive and misleading
practices. See, Id.; Cob. Rev. Stat. § 6-1-l07(l)(e) (2008).
14. Pursuant to Rule 65(c) C.R.C.P., Plaintiff is not required to provide a
15. Plaintiff respectfully requests that the Court set a date for an evidentiary
hearing on Plaintiffs Motion for Preliminary Injunction within ten (10) calendar days
following the Court’s Order regarding Plaintiffs Motion for Temporary Restraining
Order. Pursuant to C.R.C.P. 121 § 1-6, Plaintiff has filed contemporaneously with this
Motion a Notice of Hearing on Plaintiffs Motion for Preliminary Injunction.
WHEREFORE. Plaintiff requests that this Court enter a Temporary Restraining
Order and Preliminary Injunction that:
16. Enjoins the above-named Defendants, and any other persons under their
control or in active concert or participation with Defendants who receive actual notice of
this Court’s Order:
(a) From soliciting or accepting payment for any government forms or providing
any document preparation services of any kind.
(b) From misrepresenting by inference, implication, omission
or express statement:
i. That Defendants are affiliated, in any way, with the U.S. Citizenship
and Immigration Services (USCIS) agency or any other government
ii. That fees paid to Defendants will pay for any filing fees associated
with immigration forms filed with the government;
iii. That Defendants’ “immigration specialists” are immigration attorneys,
former or current government employees, or are otherwise “experts” in the
(c) from using “U.S.,” “USCIS,” ‘INS,” “legal services,” or “law” in any
business name or description of such business, including non-profit organizations,
that operates in Colorado or affects Colorado consumers;
17. Requires Defendants to:
a. Deactivate any and all internet sites that advertise or solicit
Defendants’ “immigration services” business.
b. Cease any and all advertising of Defendants’ “immigration
services” businesses including, but not limited to, any advertisements generated
on internet search engines including, but not limited to, Yahoo.com.
18. In view of Defendants’ fraudulent and deceptive practices perpetrated
in Colorado, it is necessary and appropriate for the Court to freeze any bank accounts
of Defendants into which consumer funds have been deposited or transferred. Thus,
it is necessary and appropriate that Defendants are enjoined:
a. From withdrawing, transferring or otherwise encumbering any
funds from any account, including but not limited to those accounts in
Defendants’ names, at any financial institution into which defendants
deposited or transferred money received from consumers as a result of
Defendants’ “immigration services” businesses.
b. From negotiating any checks, money orders, wire transfers,
drafts, or other negotiable instruments received by Defendants as a result of
Defendants’ “immigration services” businesses.
c. From depositing or processing any credit card and debit card
receipts obtained by Defendants as a result of Defendants’ “immigration
services” businesses, and are further restrained and enjoined from using any
financial transaction device, such as a debit or credit card number, obtained
from any consumer.
d. From spending, transferring, giving away, or in any way
disposing of any monies received by Defendants as a result of Defendants’
Immigration services” businesses.
19. It is further necessary and appropriate to issue an Order that the Attorney
General may impound pursuant to C.R.S. § 6-l-107(1)(e) Defendants’ consumer files at
2910 Wood Avenue, Colorado Springs, Colorado, 80907 and 3021 Hancock Aye,
Colorado Springs, CO 80907, or any other business location in order to assess
consumer harm and completely compensate or restore to the original position any and all
consumers injured by Defendants’ deceptive and misleading practices.
20. Any further Order as this Court deems necessary and appropriate to
further the purposes of the Colorado Consumer Protection Act.
DATED thisj’ay of (‘F
OLIVIA C. DEBLASTO, 35867
ASSISTANT ATTORNEY GENERAL
JAY B. SIMONSON, 24077*
First Assistant Attorney General
Consumer Fraud Unit
Consumer Protection Section
*Cose1 of Record
1525 Sherman Street, 5 Floor
Denver. Colorado 80203
Telephone: (303) 866-5079
FAX: (303) 866-4916
Pursuant to C.R. C.P. 121, 1-26(9, the original ofthis document with original signatures is
maintained in the offices ofthe Colorado Attorney General, 1525 Sherman Street, Denver, CO
80203, and will be made available for inspection by other parties or the Court upon request.