Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General
Consumer Alert: IRS Impersonation and Email Scam, Court of Appeals Upholds Voter Fraud Conviction and Religious Liberties Case
Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
- defend the laws and the Constitution of the State of Texas
- represent the State in litigation
- approve public bond issues
To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.
The Texas AG sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
WEEKLY NEWS ROUND-UP OF THE STATE’S
TOP LAW ENFORCEMENT OFFICER…
THE TEXAS ATTORNEY GENERAL
Court of Appeals Upholds Voter Fraud Conviction of Rosa Ortega
AUSTIN – Attorney General Ken Paxton today announced that the Texas 2nd Court of Appeals upheld the 2017 voter fraud conviction of Rosa Maria Ortega. A Tarrant County jury of 10 women and two men found Ortega guilty of voting illegally and sentenced her to eight years in jail.
Despite evidence that Ortega had been voting illegally for more than 10 years, the state of Texas offered her the minimum punishment available for the offense – two years community supervision, no prison and no special conditions. Instead, she voluntarily chose a jury trial.
At the trial, prosecutors proved that at the same time Ortega falsely claimed to be a U.S. citizen for the purposes of voting, she correctly informed the authorities that she was a resident alien in order to obtain a driver’s license. That evidence negated Ortega’s claim that she made an innocent mistake.
Prosecutors showed the jury proof that Ortega illegally registered to vote in 2002 and voted in four elections in Dallas County. The prosecutors established that when Ortega moved from Dallas County to Tarrant County in 2014, and correctly indicated she was not a U.S. citizen on her voting registration form, the county informed her in writing that she was ineligible to vote. Nevertheless, Ortega applied to vote again, this time falsely insisting she was a U.S. citizen. She illegally voted five times between 2004 and 2014.
“This case underscores the importance that Texans place on the institution of voting, and the hallowed principle that every citizen’s vote must count,” Attorney General Paxton said. “We will hold those accountable who falsely claim eligibility and purposely subvert the election process in Texas.”
After proving their case, the prosecutors did not recommend a specific term of prison time for Ortega, but instead left her sentence in the hands of the jury. The judge instructed it that the sentencing range for the type of offense Ortega committed – a second-degree felony – spanned from two to 20 years, or up to 10 years of probation. The court also read the standard jury instruction advising that early release through parole was available.
Although Ortega was sentenced to eight years in jail for voting illegally, she is eligible – under Texas parole law for this type of offense – to receive good time, work credits and bonus time, making her potentially eligible for parole in less than 12 months.
AG Asks U.S. Supreme Court to Take Up Religious Liberties Case
AUSTIN – Leading an 11-state coalition, Attorney General Ken Paxton today filed a friend-of-the-court brief with the U.S. Supreme Court, asking it to review the case of two Oregon bakers and their constitutionally-protected conscience rights.
The state of Oregon forced Aaron and Melissa Klein to shut down their business, Sweet Cakes by Melissa, after declining to create a cake for a same-sex marriage ceremony in 2013 because of their deeply held religious belief that marriage is the union of one man and one woman.
The Oregon Bureau of Labor and Industries ordered the Kleins to pay $135,000 in compensatory damages for violating the state’s public accommodations law. The couple filed a petition asking the Supreme Court to overturn the state of Oregon’s ruling.
“Aaron and Melissa Klein should be allowed to choose what they will or will not create without fear of being unjustly threatened or pressured by the government,” Attorney General Paxton said. “Taking up the Oregon conscience rights case will give the Supreme Court a chance to affirm that the First Amendment contains robust protections for people to live in accordance with their religious beliefs.”
Previously, Attorney General Paxton led a group of 20 states in defending the religious liberty of a Colorado baker who declined to create a wedding cake for a same-sex marriage.
In June, the U.S. Supreme Court ruled in favor of Masterpiece Cakeshop, but did not address broader free speech issues of whether wedding vendors and other businesses can legally decline to create certain types of art or participate in certain events.
Last year, leading another multistate coalition, Attorney General Paxton filed a friend-of-the-court brief with the U.S. Supreme Court defending the First Amendment rights of Washington state florist Barronelle Stutzman. The owner of Arlene’s Flowers was fined after declining to create a floral design for a same-sex wedding because of her religious beliefs.
Earlier this year, in light of its Masterpiece Cakeshop decision, the high court vacated the Washington state Supreme Court ruling against Stutzman and ordered it to take another look at the case.
View the U.S. Supreme Court brief here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2018/Press/18-547%20tsac%20States%20of%20Texas%20et%20al_0.pdf.
Consumer Alert: IRS Impersonation and Email Scam
AUSTIN – Texas Attorney General Ken Paxton today warned Texans that fraudulent emails are being sent from people impersonating the Internal Revenue Service (IRS) targeting users with fake tax documents.
These emails often use the subject line “tax transcripts” in an attempt to bait people into opening links and documents that contain destructive malware specifically designed to steal sensitive financial data.
These new attacks come as consumers face IRS impersonation fraud on other platforms as well. The IRS will never call or email citizens to demand repayment for penalties. If consumers receive a fraudulent call or email, but believe they may have penalties, they are advised to call the IRS directly at 800-829-1040.
“All Texans should be aware of unsolicited phone calls or emails from scammers impersonating the IRS. This is a nefarious attempt to trick taxpayers into downloading malware and divulging sensitive financial information,” Attorney General Paxton said. “My office stands ready to assist hard-working Texas consumers. The consumer protection section of our website contains several resources on how to recognize, prevent and report scams like this. Being informed is the best way to prevent fraud and loss.”
The OAG website provides timely resources to consumers who need help – including identity theft victims – and provides information on widespread and common scams.
On this website, Texans have the opportunity to receive electronic alerts and other notices that help warn them about emerging scams that can lead to financial harm. Consumers can find more information on scams here: https://www.texasattorneygeneral.gov/consumer-protection.
The Consumer Protection Division also receives and reviews complaints submitted to the office by consumers. While the attorney general is prohibited from representing such individuals, these complaints are used by the office to help share priorities and identify issues affecting Texans.
Consumers can file complaints by visiting: https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint.
