Beat Goes On In The Largest Corruption Scandal In APD’s History With No End In Sight; ACLU Files Lawsuit; Clear, Mendez And 3 Former APD Officers Charged, Plead Guilty; Clear’s Law License Suspended, Law Office Forfeited; 13th APD Officer Retires; Two Officers Implicated Found Working For CYFD And Then Suspended; One Officer Secures State Contract To Train Officers In DWI Recognition Techniques

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning at least 15 years to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases they made DWI arrests. Over the last year, the investigation has evolved into to largest APD corruption case in the city’s history with no end in sight.

APD, BCSO AND STATE POLICE OFFICERS IDENTIFIED

During the past year, a total of 12 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven  have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave, who have been terminated or who have retired are:

  • On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
  • On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
  • On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
  • On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
  • On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
  • On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  • On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  • On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
  • On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  • October 16, Deputy Commander Gustavo Gomezplaced on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
  • On January 24, 2025 APD announced they placed officers Matthew Chavez and Lt. Kyle Curtis on paid leave.
  • On February 28, Lt. Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
  • Timothy McCarson retired from the Albuquerque Police Department in 2022 and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
  • On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave after it was announce he was being investigated for  being a part of the bribery and conspiracy scandal.
  • On February 14, the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the  DWI Enterprise to dismiss cases.  Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave, who joined State Police in 2012, said in an online video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts. https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

ACLU FILES CIVIL RIGHTS LAWSUITE AGAINST CITY, CHIEF MEDINA FORMER APD OFFICERS, CLEAR AND HIS PARALEGAL

On February 11, the American Civil Liberties Union (ACLU) of New Mexico, along with two law firms,  announced that a civil rights lawsuit has been filed  against the City of Albuquerque, Chief Harold Medina, former APD Officers Joshua Montaño, Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Daren Deaguero, Neill Elsman, Matthew Trahan, Mark Landavazo and attorney Thomas Clear, III and his paralegal  Ricardo “Rick” Mendez.

The lawsuit has been filed on behalf of Plaintiff Carlos Sandoval-Smith  a man who was wrongfully arrested, charged and jailed for Driving While Intoxicated (DWI) and forced to pay bribes to get the criminal charges dismissed by APD. Plaintiff Carlos Sandoval-Smith is alleged to be one of dozens of people who were “victimized” as part of an APD scheme with private criminal defense attorney Thomas Clear III to wrongfully charge and arrest people and then solicit bribes to get the charges dismissed.

The Civil Complaint is a 6 count, 17-page lawsuit filed in the Second Judicial District Court alleging the named former APD officers exploited DWI arrests they had made to solicit bribes in exchange for dismissal of the charges. The 6 counts allege:

  1. Unlawful Detention and Arrest charged against the city.
  2. Malicious Abuse of Process by the city.
  3. Deprivation of Due Process of Law by the city.
  4. Malicious Abuse of Process by the City
  5. Negligent Hiring, Training, Supervision, and Retention by the city.
  6. Racketeering charged against the former APD Police Officers named and attorney Thomas Clear III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The lawsuit alleged the defendants, including APD Chief Harold Medina, each conspired with and amongst each other to violate New Mexico State law.

The Plaintiff’s “Prayer For Relief” requests the Court to enter judgment against the Defendants for:

  1. Compensatory damages
  2. Hedonic damages
  3. Punitive damages
  4. Pre-judgment interest
  5. Post-judgment interest; Declaratory relief
  6. Treble damages
  7. Reasonable attorneys’ fees and costs incurred in bringing the action, including expert fees
  8. Such other and further relief as the Court deems just

The link to review the civil complaint is here:

Click to access 2024.10.01_sandoval_smith_complaint_final.pdf

According to the  ACLU press release, the lawsuit, filed in the Second Judicial District Court, claims that APD officers exploited DWI arrests to solicit bribes. The suit seeks monetary damages for the plaintiff, Smith, who was falsely arrested and pressured to pay thousands of dollars to have the charges dropped.

Plaintiff Sandoval-Smith said this:

“This lawsuit isn’t just about getting justice for me.  It’s about stopping this abuse so no one else has to suffer the way I did.  I lost my business, my home, and my dignity because of APD corruption. It even caused a deep rift in my family that we may never heal from.” 

The complaint details a scheme involving APD officers, attorney Thomas Clear, and paralegal Ricardo Mendez, who allegedly worked together to extort money from DWI arrestees in exchange for making their charges disappear.

Taylor Smith, an attorney with Smith & Marjanovic Law, LLC who represent Plaintiff Sandoval-Smith said this:

“This is nothing short of an extortion racket operating under the badge. … Our clients were forced into impossible situations – either pay a bribe or face devastating legal and financial consequences.”  

Maria Martinez Sanchez, legal director of the ACLU of New Mexico, said this:

“The people of Albuquerque deserve a police force that serves the public with integrity. We hope this lawsuit brings justice to those the APD has victimized and leads to real reforms to dismantle the systemic corruption within the department.” 

The ACLU is calling for a thorough investigation into the APD’s practices and comprehensive reforms to prevent future abuses.

The link to the ACLU press release is here:

https://www.aclu-nm.org/en/press-releases/aclu-files-class-action-lawsuit-against-albuquerque-police-department-over-dwi-unit#:~:text=The%20lawsuit%2C%20filed%20in%20the,to%20have%20the%20charges%20dropped.

ATTORNEY CLEAR AND PARALEGAL MENDEZ FEDERALLY CHARGED AND PLEAD GUILTY TO ALL CHARGES

On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his  involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.

Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.

In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear  admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

Based on Clear’s plea agreement, the  DWI Enterprise scheme spanned the administrations of five Albuquerque police chiefs, including current APD Chief Harold Medina.

On January  24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases.

Mendez was arrested, plead guilty to all the charges and  was released on his own recognizance. Mendez is facing 110 years in prison on the charges. As part of the plea agreement, the federal prosecutors  agree to a lesser prison sentence.  Mendez has  a prior felony conviction.  State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.

CLEAR’S OTHER LEGAL WOES

On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the  home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, for the first time Thomas Clear III  is named as a main player in the “DWI Enterprise” criminal organization. The US Attorney is seeking to seize Clear’s property and get title to the property where they believe the crimes took place.

On Tuesday, February 11, the New Mexico Supreme Court issued a Court  Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:

“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”

The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.

THREE FORMER APD OFFICERS CHARGED AND PLEAD GUILTY

On Friday, February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under a Plea and Disposition Agreement. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially more than 100 years in prison. Alba and Montaño plead guilty to the charges two weeks after a private investigator, Ricardo “Rick” Mendez, who  worked for DWI criminal defense attorney Thomas Clear, III plead guilty to racketeering and other charges. The APD officers allegedly took bribes to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

Alba and Montaño are the first of 13 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear and admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps.

On February 12, former APD Officer Neill Elsman, was  arraigned in U.S Magistrate Court and plead guilty as charged to 5  counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. He is one of 12 officers placed on leave after the allegations came to light.  In his plea, Elsman admits to working with Clear since 2021 to get drunk driving cases dismissed in exchange for cash and other gifts. He is the third APD officer involved in the DWI dismissal scandal to plea guilty. Sentencing for Elsman has not been scheduled.

KYLE CURTIS AND APD LT. MATTHEW CHAVEZ

On January 28, the Albuquerque Police Department (APD) announced that APD Lt. Kyle Curtis  retired one day before he was scheduled to speak with APD’s Internal Affairs after being implicated in the DWI bribery and conspiracy scandal to dismiss DWI cases. On January 24, Lt. Kyle Curtis and APD Lt. Matthew Chavez were place on leave within hours after it was reported that a federal criminal Information was filed against  Ricardo “Rick” Mendez who plead guilty to racketeering, bribery and conspiracy  to dismiss DWI cases. Lt. Curtis was added to 2nd Judicial District Attorney’s Office’s Brady-Giglio disclosure list which identifies officers who credibility in court has been compromised.

https://www.koat.com/article/albuquerque-police-lieutenant-retires-dwi-scandal/63594583

TWO  FORMER APD OFFICERS IMPLICATED WORKED FOR CYFD, THEN PLACED ON LEAVE BY CYFD

On January 28, it was  reported by KRQE  that two of the APD officers who resigned last year connected to the federal investigation into the DWI Unit scandal were  working  for the New Mexico Children, Youth, and Families Department (CYFD). Harvey Johnson resigned in 2024 and gave up his badge rather than be interviewed by Internal Affairs.  CYFD also confirmed that former APD officer Nelson Ortiz, who also resigned amid the DWI Unit scandal is working for CYFD.  Andrew Skobinsky, CYFD Director of Communications, said this:

At the time of … hire, standard hiring practices and statutory authority confirmed …  eligibility for employment with CYFD.

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-officer-who-resigned-amid-dwi-unit-scandal-now-working-for-cyfd/

On  January 30, 2025,  it was reported that The New Mexico Children, Youth, and Families Department  placed former APD police officers Harvey Johnson and Nelson Ortiz  on administrative leave after KRQE News 13 uncovered they were both former Albuquerque police officers connected to the federal DWI investigation. Several foster parents reached out to KRQE News 13 saying they were concerned the officer could negatively impact their court cases since the officers were deemed unreliable.

https://www.yahoo.com/news/cyfd-places-two-former-apd-053615986.html

FORMER APD OFFICER IMPLICATED DWI BRIBERY AND DISMISSAL SCANDAL SECURES STATE CONTRACT TO TRAIN OFFICERS TO RECOGNIZE DRUNK DRIVING

Timothy McCarson retired from the Albuquerque Police Department in 2022.  He has been  added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.

It has been reported that Timothy McCarson is now in charge of training officers across the state on how to recognize drugged and drunk driving. McCarson runs the consulting firm, BRV Consulting, which holds a contract with the state to provide specific training to specialty officers, including members of DWI units.

The  contract was  awarded by the New Mexico Department of Transportation in September 2024. It shows Mc Carson’s firm was set to receive $294,000 each year for the next four years—through fiscal year 2028. The total contract amounts to $1,176,000, which NMDOT said comes from federal funding.

The link to the quoted and relied upon new source is here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officer-named-in-scheme-now-trains-dwi-officers-for-state-of-new-mexico/

COMMENTARY AND ANALYSIS

And the beat goes on with the largest corruption case in APD’s history and with no end sight. Within a few weeks, federal  charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both  plead guilty as charged.  Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. All defendants charged face up to 130 years in prison. To top things off, a civil rights law suite has been filed by the ACLU against the city, APD Chief Medina and  former APD Officers charged .

The New Mexico United States Attorney and the FBI are have said they are  moving forward with even more charges. The prosecutions are being done piecemeal one or two at a time. U.S. Attorney for Alexander Uballez put it this way:

“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen with aggressive prosecutions,  convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.

The links to a related articles are here:

DWI Defense Attorney Thomas Clear And Former APD Cop Neill Elsman Plead Guilty To Federal Charges; Clear Facing 130 Years In Prison; Elsman Facing 70 years In Prison; Anatomy Of DWI Enterprise; To What Extent Was APD’s Internal Affairs Compromised?; Expect More Charges

Federal Criminal Charges Filed Against Two Former APD Officers In DWI Enterprise To Dismiss Cases; Feds File Forfeiture Proceedings To Seize Attorney Clear’s Office; How Far Up APD’s Chain Of Command Does Corruption Go?

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

DWI Defense Attorney Thomas Clear And Former APD Cop Neill Elsman Plead Guilty To Federal Charges; Clear Facing 130 Years In Prison; Elsman Facing 70 years In Prison; Anatomy Of DWI Enterprise; To What Extent Was APD’s Internal Affairs Compromised?; Expect More Charges

On February 12, DWI defense attorney Thomas Clear III, 67, and former APD Officer Neill Elsman, were arraigned in U.S Magistrate Court and plead guilty as charged  to bribery of Albuquerque Police Department officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. They admitted to their involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of criminal defense attorney Thomas Clear, III.  Over the last year, the case has evolved into the largest government corruption case in APD’s history involving bribery spanning 30 years. It involves at a minimum 13 APD officers to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases they made DWI arrests. Officers with the Bernalillo County Sherriff’s Office and the New Mexico State Police have also been implicated.

NINE CHARGES AGAINST CLEAR

Clear plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.

In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear  admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

Based on Clear’s plea agreement, the  DWI Enterprise scheme spanned the administrations of five Albuquerque police chiefs, including current APD Chief Harold Medina.

Clear admits  that from around 1995 he used his law firm “and my specialized skills as an attorney to lead a DWI bribery scheme involving numerous law enforcement officers and deputies from APD, New Mexico State Police and the Bernalillo County Sheriff’s Office.”

According to Clear’s plea agreement, prior to 2022, Clear and his para legal Ricardo “Rick” Mendez  would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution.

The operation dubbed the “DWI Enterprise” by federal prosecutors evolved in recent years when Clear stated that he, Mendez and the officers “worked out another method to guarantee dismissal of the state criminal DWI-related offenses.” Officers began to miss actual court hearings, or would intentionally and illegally withhold evidence, or fail to complete paperwork on those suspects they arrested who later hired Clear.

Clear in his plea agreement states that he distanced himself from direct involvement in meetings Mendez had with DWI offenders to set the cash payments required for a “guaranteed dismissal” or when Mendez would meet or have conversations with involved officers to discuss “specific bribe amounts or payments.”

Clear admits in his plea agreement  that he worked with “numerous” officers from the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and the New Mexico State Police, and would have them funnel people they arrested for drunk driving to his law firm. Defendants charged with DWI would pay Clear or his paralegal fees and Clear would “guarantee that the DWI criminal case and MVD process would be dismissed.” Clear would guarantee to his clients that they would have no criminal record and that their  driver’s  license would not be revoked. Officers would also “intentionally fail to appear” at required hearings and for interviews.

Clear said he successfully recruited his  paralegal Ricardo “Rick” Mendez into the enterprise in 2008, a year after he hired him. Clear says he “purposefully” had Mendez handle meetings with the DWI offenders on his own. It was in those meetings where Clear said Mendez requested the bribe payment. Clear admitted that he did this strategically to limit his involvement.

It is not apparent from the court pleading filed how much Clear and Mendez netted from the DWI Enterprise. However, federal prosecutors contend that in April 2022, Clear and Mendez told one prospective client they would charge “$10,000 in exchange for having  DWI charges dismissed and to avoid additional criminal charges potentially being filed.”  The defendant, identified in court records only as “J.B.”,  did not pay the $10,000 and went to another attorney. J.B. had been arrested by Montaño, who previously had shared information about J.B.’s arrest with Mendez, who contacted the defendant after he was released from custody.

Under Clear’s plea, four of the counts are each punishable by up to 20 years in prison, while five other counts are each punishable by 10 years. If those were run consecutively, the total exposure to Clear is 130 years. Sentencing for Clear has not been scheduled.

CLEAR’S OTHER LEGAL PROBLEMS

Clear, a Republican appointed to serve two terms on the state Public Defender Commission, has been practicing since at least 1982 when he joined his father, Thomas Clear Jr.’s law firm. He soon resigned from the Public Defender Commission in February, 2024 when the scandal was first reported.

On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the  home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, for the first time Thomas Clear III  is named as a main player in the “DWI Enterprise” criminal organization. The US Attorney is seeking to seize Clear’s property and get title to the property where they believe the crimes took place.

On Tuesday, February 11, the New Mexico Supreme Court issued a Court  Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:

“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”

The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.

FIVE CHARGES AGAINST FORMER APD OFFICER NEILL ELSMAN

Former APD officer Neill Elsman plead guilty to 5  counts in federal court. Elsman pleaded to conspiracy, extortion, and bribery. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. He is one of 12 officers placed on leave after the allegations came to light.  In his plea agreement, Elsman admits to working with Clear since 2021 to get drunk driving cases dismissed in exchange for cash and other gifts. He is the third APD officer involved in the DWI dismissal scandal to plea guilty.

Sentencing for Elsman has not been scheduled.

STATEMENTS ISSUED

U.S. Attorney for New Mexico Alexander Uballez said this in a statement issued the  Albuquerque Journal:

“Today, Thomas J. Clear III admitted to leading a decades-old criminal enterprise wherein he abandoned his own ethical duties as a lawyer, corrupted generations of law enforcement officers, and perverted the criminal justice system in order to feed his own greed. With this conviction, we end this ignominious scheme that has shaken the faith of all New Mexicans. But we are not done digging. Now is the time to come clean.  If you were ever involved in this deceit, now is the time to come to the table.”

APD Chief Harold Medina for his part said this in a statement:

“I predicted this conspiracy went on for decades, and sure enough, Tom Clear admitted his bribery scheme dates back to 1995. … We worked with the FBI and the U.S. Attorney’s Office to finally expose Tom Clear’s criminal scheme… As I have said, we will leave no stone unturned, even if it means going back 30 years to scrutinize the actions of officers. We are learning more details every day and we anticipate exposing more wrongdoing as our investigation continues.”

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/albuquerque-attorney-thomas-clear-federal-charges/63776631

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/prominent-albuquerque-attorney-admits-to-running-dwi-enterprise-scandal/

https://www.kob.com/news/top-news/attorney-third-apd-officer-plead-guilty-to-federal-charges-for-dwi-scheme/

https://www.abqjournal.com/news/article_a2bffa0a-e981-11ef-8544-9fcfffcaf2e9.html#tncms-source=home-featured-7-block

ANATOMY OF “DWI ENTERPRISE” REVEALED IN CRIMINAL INFORMATION

The criminal Information filed on January 24 in Federal Court against Ricardo “Rick” Mendez provides a summary of how the “DWI Enterprise” worked and evolved dating  to back to at least 2008. The charging document described its operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers implicated were placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the federal Criminal Information charging document that “as part of the  racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, federal  prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”, and his private investigator Ricardo “Rick” Mendez  handled the day-to-day coordination of the scheme.”  The federal Criminal Information pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea  Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.” If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez admitted the officers were often paid in cash, up to $5,000 per case, but also received other benefits. Those benefits included free legal services, gift cards, hotel rooms and other gifts.  Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly. If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez admitted  the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved. They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.  Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

OTHERS CHARGED AND WHO HAVE PLEAD GUILTY

On Friday, February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges. Both face potentially 110 years in prison. The APD officers took bribes to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

On January 24, Ricardo “Rick” Mendez, who  worked for DWI criminal defense attorney Thomas Clear, III plead guilty to 1 count of racketeering, 5 counts of bribery, 1 count of extortion, aiding and abetting and 1 count of conspiracy.

In their separate plea agreements, Mendez, Alba and Montaño admit Clear was the central figure in the scheme, in which APD officers were paid thousands in bribes or gifts, recruited and corrupted other officers and asked superiors to protect the scheme. Officers received bribes in exchange for referring DWI suspects to Clear and then missed court hearing, or failed to appear for interviews  allowing Clear to seek dismissals of the cases.

Links to relied upon or quoted news sources are here:

https://www.kob.com/new-mexico/2-former-apd-officers-reach-plea-deal-in-federal-dwi-investigation/

https://www.abqjournal.com/news/article_16d580fe-e59a-11ef-afb6-2b91f6b3aa13.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-officers-guilty-federal-dwi/63707482

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/feds-look-to-seize-law-office-of-albuquerque-attorney-named-in-dwi-scheme/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

OFFICERS IDENTIFIED

The bribery and conspiracy investigation has evolved during the last year into the largest corruption case in APD’s history. A total of 13 APD Police officers have been implicated in the scandal and 7 have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

  • On February 7, 2024  Justin Hunt,who started at APD in 2000,
  • On February 29, 2024, Honorio Alba, who started at APD in 2014,
  • On March 13, 2024, Harvey Johnson, who started at APD in 2014,
  • On March 15, 2024, Nelson Ortiz, who started at APD in 2016,
  • On March 20, 2024 Joshua Montaño, who started at APD January 2005,
  • On May 2, 2024 Daren DeAguero, who started with APD in 2009,
  • On May 9, 2024, Matthew Trahan was placed on paid leaveas the investigation plays out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  • On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
  • On August 1, APD announced that it fired APD Commander of Internal Affairs for Professional Standards Mark Landavazo. He started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  • October 16, Deputy Commander Gustavo Gomez  with APD’s Internal Affairs Force Division was placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
  • On January 24, 2025 APD announced they placed officers Matthew Chavez and Lieutenant Kyle Curtis on paid leave.
  • On February 28, Lieutenant Kyle Curtis announced his retirementamid being targeted in the Internal investigation involving DWI arrests.
  • In 2022, APD Police Officer Timothy McCarson retired from the department.

On February 24, Bernalillo County Sherriff John Allen announced that BCSO Deputy Jeff Hammerel was immediately placed on administrative leaveThe New Mexico State Police has not announced if any State Police Officer has been placed on leave in that no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

COMMENTARY AND ANALYSIS

With the entry of plea agreements, the United States Attorney has secured criminal convictions without the expense of a trial against the 5 defendants who plead guilty. Four are facing up to 110 years in prison and one is facing 70 years in prison. They will no doubt cooperate in order to secure reduced sentences. Defense attorney Thomas Clear and Ricardo “Rick” Mendez are the two central figures in the case. Together, they will be able to identify and implicate all APD officers they bribed over the years and how far up APD’s chain of command the scheme went.

TO WHAT EXTENT WAS APD INTERNAL AFFAIRS COMPROMISED?

The APD’s Internal Affairs (IA) unit investigates complaints against APD employees and officers. The IA unit’s purpose is to ensure professionalism and accountability within the department. The IA unit conducts administrative investigations into policy violations, misconduct, and use of force. The IA unit recommends discipline for policy, training, and equipment deficiencies.

The 3 former APD Officers who have plead guilty will  be able to name and identify just how far up APD’s chain of command the DWI Enterprise goes, including APD’s Internal Affairs Unit. At least two former-DWI officers who were assigned and  worked in  APD Internal Affairs were placed on leave in the case after being implicated.  Their assignment to Internal Affairs raises the question to what extent was the work of Internal Affairs compromised and for how long?

On August 1, 2024, APD announced that it had fired an APD Commander of Internal Affairs for Professional Standards Mark Landavazo. He has been on administrative leave and under investigation since February 13, 2024. Landavazo started with APD in  2007 and was with the DWI unit from 2008 through 2013. The on line news outlet City Desk ABQ reported in the summer of 2024 that it had  obtained emails that showed the FBI had forwarded a tip in June of 2022 to Landavazo about an officer working with attorney Thomas Clear III and his paralegal to guarantee a DWI charge would go away if the defendant paid $10,000. According to those emails, Landavazo suggested the FBI  special agent contact the Civilian Police Oversight Agency and that APD Internal Affairs did not handle such complaints.

On  October 16, 2024,  APD Deputy Commander Gustavo Gomez, with APD’s Internal Affairs Force Division was placed on paid administrative leave in relation to the DWI dismissal and bribery scandal. Gomez was named Deputy Commander of the Internal Affairs Force Division in January, 2024. He had been with APD since 2008. Gomez was a DWI officer, from 2010 to 2013.

Both Landavazo and Gomez as employees of Internal Affairs had access to all personnel files of police officers being investigated for nefarious conduct, including perhaps cases where APD officers were accepting bribes for the dismissal of DWI cases. They could have conceivably deflected investigations of officers involved with DWI Enterprise.  Both were placed in Internal Affairs by Chief Harold Medina.

BASTION OF DIRTY AND CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is no doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and in APD to its core.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement and attorneys involved and charged.

Links to related articles are here:

Federal Criminal Charges Filed Against Two Former APD Officers In DWI Enterprise To Dismiss Cases; Feds File Forfeiture Proceedings To Seize Attorney Clear’s Office; How Far Up APD’s Chain Of Command Does Corruption Go?

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

NM Supreme Court Suspends Indefinitely From The Practice Of Law DWI Defense Attorney Thomas Clear; When Will Clear Be Charged?; Will Clear Plead Guilty In Exchange For Reduce Sentence And Implicating All Law Enforcement He Bribed?

On February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III for his alleged role in the federal racketeering, bribery and conspiracy case where Clear is alleged to have bribed APD officers to dismiss hundreds of DWI cases. The case came to light in January 2024 when FBI agents raided Clear’s law office and the homes  of his paralegal Ricardo “Rick” Mendez and former  Albuquerque officers Honorio Alba Jr. and Joshua Montaño.

Clear has not yet been charged criminally in the case.  Over the last year, the federal racketeering and bribery case has evolved into the largest corruption case in APD’s history, involving upwards 14 APD officers over the last 15 years.  The New Mexico Supreme Court gave Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct.

LAW LICENSE SUSPENDED BY SUPREME COURT

On Tuesday, February 11, the New Mexico Supreme Court issued a Court  Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:

“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”

The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.

In the last three weeks, Clears former paralegal Ricardo “Rick” Mendez and former Albuquerque officers Honorio Alba Jr. and Joshua Montaño have been charged and have plead guilty to racketeering, bribery, extortion and conspiracy  charges. All 3 have named Thomas Clear as an accomplice in the bribery and conspiracy scheme.  On Friday, February 7, federal prosecutors file a civil forfeiture action to seize Clear’s  Northeast Heights law office alleging it was used to promote and facilitate the criminal DWI Enterprise.

The links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_7969fa30-e8db-11ef-9c36-338489981b7c.html#tncms-source=home-featured-7-block

https://www.koat.com/article/new-mexico-supreme-court-order-attorney-dwi-scandal/63763626

https://www.kob.com/new-mexico/new-mexico-supreme-court-suspends-attorney-involved-in-dwi-scheme/

FEDERAL COURT ORDER TO SHOW CAUSE

On January 29 Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the racketeering scheme involving bribery and kickbacks to a group of law enforcement officers.  On Wednesday, February 5, 2025,  Clear’s attorney Thomas M. Clark (Clark & Ruyle, LLC)  filed a formal written response to the “Order to Show Cause” filed by Chief U.S. District Judge Kenneth GonzalesAccording to the response filed, Clear notified the court that on January 24, 2025 he changed his status as a member of the New Mexico State Bar from active to in active. Clear is asking Judge Kenneth Gonzales to either allow him to resign as a member of the bar, be suspended for an indefinite period of time or hold off taking any disciplinary action until any criminal matters are resolved.

COMMENTARY AND ANALYSIS

The federal court and the New Mexico Supreme Court have now  taken aggressive steps to disbar, suspend or discipline attorney Thomas Clear III with the filing of Order To Show Cause pleadings. What makes the “Order To Show” pleadings filed by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales so remarkable is that they  were done “sua sponte”, meaning on their own initiative without any prompting by any source or party to litigation and before Clear has been charged with any crimes. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level

WILL CLEAR BE CHARGED AND PLEAD GUILTY AND COOPERATE TO SECURE A REDUCED SENTENCE?

Clear has not been criminally charged in the Federal case nor has he said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office and the homes of 3 others. Criminal charges are expected to be filed within a week if not days.

What remains to be seen is if Thomas Clear will be charged with racketeering, bribery, extortion and conspiracy and if he enters a plea of guilty at the same time as the federal charges are filed as was with the cases of Ricardo “Rick” Mendez and former APD officers Honorio Alba Jr. and Joshua Montaño.  All 3 are facing up to 110 years in prison and are no doubt  cooperating in order to secure reduced sentences.

In addition to if and when charges are filed against Thomas Clear, the biggest question that will remain to be answered is if Thomas Clear will implicate all APD officers he may have bribed over the years and how far up APD’s chain of  command will it go?

BASTION OF DIRTY AND CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is no doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved are imposed in the “DWI Enterprise” scheme.

Links to related articles are here:

Defense Attorney Implicated In APD Bribery and DWI Dismissal Scandal Voluntarily Agrees Not To Practice Law; Disbarment Decision Pending By Federal Court And New Mexico Supreme Court

Federal Criminal Charges Filed Against Two Former APD Officers In DWI Enterprise To Dismiss Cases; Feds File Forfeiture Proceedings To Seize Attorney Clear’s Office; How Far Up APD’s Chain Of Command Does Corruption Go?

Federal Criminal Charges Filed Against Two Former APD Officers In DWI Enterprise To Dismiss Cases; Feds File Forfeiture Proceedings To Seize Attorney Clear’s Office; How Far Up APD’s Chain Of Command Does Corruption Go?

Federal criminal charges have been filed by New Mexico United States Attorney Alexander Uballez against two former Albuquerque DWI police officers in the largest corruption case in the history of the Albuquerque Police Depart (APD).  Officers with the Bernalillo County Sheriff’s Office (BCSO)  and the New Mexico State Police have also been implicated.

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning at least 15 years to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases they made DWI arrests.

FORMER APD OFFICERS PLEAD GUILTY

On Friday, February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas in negotiated Plea and Disposition Agreements. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially more than 100 years in prison. Alba and Montaño plead guilty to the charges two weeks after a private investigator, Ricardo “Rick” Mendez, who  worked for DWI criminal defense attorney Thomas Clear, III plead guilty to 1 count of racketeering, 5 counts of bribery, 1 count of extortion, aiding and abetting and 1 count of conspiracy. The APD officers allegedly took kickbacks to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

Alba and Montaño are the first of 13 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear and admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps. Clear has not  been charged, but the federal and state courts are seeking his disbarment and forfeiture actions have been bought against a home and his law offices.

The Albuquerque Police Department has placed 12 officers on leave. Ten have  resigned, retired or been fired as APD conducted its own Internal Affairs  probe into the allegations. BCSO has placed one deputy on leave, and State Police has said it has not determined any of its officers were involved.

Alba and Montaño were identified as among the most prominent targets in the FBI corruption investigation. News source have determined Alba was responsible for dismissal of 67 DWI cases while Montaño had 41 DWI dismissals.

U.S. Attorney for New Mexico Alexander Uballez said this to news media outlets about the charges:

“This is neither the end of the investigation nor the end of the case. This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations. … There’s been calls from the beginning from the community from the beginning for accountability from APD itself and from all of our law enforcement partners. One of our highest missions in the Department of Justice and one of our biggest focuses over the past three years was making sure the public had a reason to trust in its institutions.”

Criminal DWI defense attorney Thomas Clear, III has not been charged criminally. U.S. Attorney Uballez has declined to say whether that will happen. He said his office doesn’t comment “about people who haven’t been charged.”

ALBA AND MONTAÑO PLEAS REVEAL EXTENT OF CORRUPTION

The Alba and Montaño Plea and Disposition Agreements reveal the extent and nature of the “DWI Enterprise” and the corruption.

In his Plea and Disposition Agreement, Joshua Montaño admits that he began working with Ricardo “Rick” Mendez and DWI defense attorney Thomas Clear after joining the DWI unit in 2017. Honorio Alba Jr. admitted in his Plea and Disposition Agreement he became an officer in the DWI unit in 2017 and a year later became involved with the DWI dismissal  scheme to accept bribes.

Both officers admit in their plea agreement to “at least two acts of racketeering” and detail four separate instances in which they accepted bribes and were paid by Mendez to let DWI cases be dismissed. One DWI case included where the drunken driver was an acquaintance of one of the officers involved in the scheme and was referred to Clear’s law firm by that officer.

Alba and Montaño both state that as part of the scheme, they would release DWI suspects without booking them into jail or filing charges, often giving Mendez the suspects’ phone numbers. The plea agreements state the criminal DWI Enterprise changed after the courts suspended pretrial interviews in 2022. They would intentionally miss scheduled hearings to get the cases dismissed.

Alba and Montaño admit they would target DWI suspects they believed could pay expensive retainer fees, then funneled those people to Defense Attorney Thomas Clear, III and his paralegal Rick Mendez. The officers would conspire to miss court hearings that resulted in dismissals of cases where briberies had been paid.

Alba and Montaño admit they “worked out another method” with Clear and Mendez to miss DWI motion hearings or trial settings. Both officers said they coordinated with Mendez and Clear to schedule what hearings or interviews they would miss for the DWI case to be dismissed.  Montaño stated that Mendez was his go-to for arranging payments through the scheme, and he was paid in cash as well as free hotel rooms, meals and “free legal representation for my family and friends” by Clear.

Alba admits that he, Clear and Mendez asked senior APD officers who had been involved in the scheme “to use their positions and influence” to ensure the officers involved were not caught. Alba says he asked these senior officers for help in the fall of 2023 when a complaint was filed against him with the Civilian Police Oversight Agency. Alba  said Mendez paid him in cash, tires and at one time a diamond ring. Alba admitted that “on at least one occasion” he was paid by attorney Tom Clear directly.

In his plea agreement, Alba admits that he would deliver payments to other APD officers involved on behalf of Clear and Mendez.  Alba admits he helped recruit officers into the scheme and personally introduced them to Mendez and Clear and warned the pair which officers to “avoid attempting to recruit” as they may report the activity.

It’s unclear how much money was made from the scheme. Both former officers admit that from 2019 to 2024, they accepted a “series of transactions [bribes] involving $5,000 or more during each year.”

FEDERAL CIVIL FORFEITURE ACTION FILED AGAINST CLEAR’S LAW OFFICE  

On February 7, the Federal Bureau of Investigations (FBI) filed a “Complaint for Forfeiture” of a home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, the FBI names for the first time Thomas Clear III as a main player in the “DWI Enterprise” criminal organization. The FBI is seeking to seize Clear’s property and get title where they believe the crimes took place. The court filing is the first mention of Clear by name, usually identified as “co-conspirator 1,” allegedly engaging in the criminal enterprise.

The FBI  want to seize the home and office property because they believe it  is where Clear laundered money and used it to “conduct, conceal, and otherwise assist himself and other members and associates of the DWI Enterprise in their criminal activities.”

The forfeiture complaint alleges that one goal of the DWI Enterprise was to “grow a client base willing to pay higher fees in exchange for the successful resolution” of the suspect’s DWI offense. Another purpose was to develop a client referral system based on the illegally obtained dismissals of DWI cases. Moreover, the enterprise intended to “protect, preserve and enhance Clear’s status and reputation as an attorney, thereby allowing Clear to continue growth of the DWI enterprise.”

The civil forfeiture complaint alleges that cash payments were made to law enforcement members of the enterprise at Clear’s Albuquerque law office, which had been Clear’s former family home.  Recruitment meetings were held at the law office. During these meetings, Mendez “would convey the rules for participating in the DWI Enterprise, and one of the rules was to avoid depositing cash into the Officer Members’ bank accounts.”  Cash payments from Clear and Mendez were also made to officer members at locations other than the law office, according to the complaint.

CLEAR REPONDS TO ORDER TO SHOW CAUSE

On January 29 Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the racketeering scheme involving bribery and kickbacks to a group of law enforcement officers.

On Wednesday, February 5, 2025,  Clear’s attorney Thomas M. Clark (Clark & Ruyle, LLC)  filed a formal written response to the “Order to Show Cause” filed by Chief U.S. District Judge Kenneth GonzalesAccording to the response filed, Clear notified the court that on January 24, 2025  he changed his status as a member of the New Mexico State Bar from active to in active. Clear is asking Judge Kenneth Gonzales to either allow him to resign as a member of the bar, be suspended for an indefinite period of time or hold off taking any disciplinary action until any criminal matters are resolved.

ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL

The criminal Information filed on January 24 in Federal Court against Ricardo “Rick” Mendez charges that the “DWI Enterprise” dates to back to 2008 and described its operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the federal Criminal Information charging document that “as part of the  racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, federal  prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”, and his private investigator Ricardo “Rick” Mendez  handled the day-to-day coordination of the scheme.”

The federal Criminal Information pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea and Disposition Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.” If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits. Those benefits included free legal services, gift cards, hotel rooms and other gifts.  Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly. If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved. They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.  Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings  that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

In his guilty plea, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

OFFICERS IDENTIFIED

The bribery and conspiracy investigation has evolved during the last year into the largest corruption case in APD’s history. A total of 13 APD Police officers have been implicated in the scandal and 7 have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

  • On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
  • On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
  • On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
  • On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned.
  • On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
  • On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  • On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation plays out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  • On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
  • On August 1, APD announced that it fired APD Commander of Internal Affairs for Professional Standards Mark Landavazo. He started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  • October 16, Deputy Commander Gustavo Gomez  with APD’s Internal Affairs Force Division was placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
  • On January 24, 2025 APD announced they placed officers Matthew Chavez and  Lieutenant Kyle Curtis on paid leave.
  • On February 28, Lieutenant Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
  • In 2022, APD Police Officer Timothy McCarson retired from the department.

On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave. The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

STATEMENTS ISSUED

Attorneys for Honorio Alba and Ricardo “Rick” Mendez could not be reached by news media outlets for comment.

On February 7, Joshua Montaño’s attorney Lisa Torraco issued the following statement:

“Today, Joshua Montaño appeared in Federal Court and fully admitted his involvement in the DWI scandal. … He regrets his actions and is deeply remorseful. He knows he let down his community and he failed to uphold his duty as a police officer. He apologizes to the community and to his friends and family.”

On February 7, APD issued the following statement on behalf of APD Chief Medina:

“It has been exactly one year since the first officer resigned from APD as a result of this investigation. … Shortly after that, Officers Alba and Montaño resigned, rather than being interviewed by our investigators. As I initially told the FBI and said when this investigation became public, a key turning point appears to be the procedural changes made by the Supreme Court in 2022. Mayor Keller and I advocated for those changes. Officers Alba and Montaño now admit they purposely missed pre-trial interviews in exchange for cash and gifts, and they had to modify the conspiracy after those procedural changes by the Supreme Court.

I had faith that the federal investigation would get to this point and hold these officers accountable for their criminal conduct. I appreciate the hard work of the FBI and the U.S. Attorney’s Office. I wish I could say this is the end point, but we continue to discover details of this conspiracy and those who participated in it. We will leave no stone unturned. I hope others who were part of this conspiracy pay close attention to the prison sentences these officers agreed to serve in exchange for their cooperation.”

On February 7, Mayor Tim Keller issued the  following statement:

“The actions by those involved in this decades old scheme are a betrayal of public trust and law enforcement integrity. While we won’t realize full justice until everyone involved in this conspiracy is held accountable, all known participants at APD are no longer serving with the department, and today brings us closer to justice. I appreciate the thorough investigation by the FBI and the leadership at APD, who worked with the FBI since day one to get to the bottom of this corruption and make reforms to protect against future misconduct.” 

Links to relied upon or quoted news sources are here:

https://www.kob.com/new-mexico/2-former-apd-officers-reach-plea-deal-in-federal-dwi-investigation/

https://www.abqjournal.com/news/article_16d580fe-e59a-11ef-afb6-2b91f6b3aa13.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-officers-guilty-federal-dwi/63707482

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/feds-look-to-seize-law-office-of-albuquerque-attorney-named-in-dwi-scheme/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

COMMENTARY AND ANALYSIS

FINALLY, FINALLY, after over a full year, the New Mexico United States Attorney and the FBI are moving forward with charges in the largest corruption case in APD’s history. The prosecutions are being done piecemeal one or two at a time. U.S. Attorney for Alexander Uballez put it this way:

“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”

TIME RUNNING OUT FOR UBALLEZ

The U.S. Attorney and the FBI should have more than enough evidence to charge the other 12 former APD officers and they should move quickly to do just that in that time is running out. The current U.S. Attorney for New Mexico Alex Uballez will likely be fired by President Donald Trump within weeks now that new Attorney General Pam Bondi has been confirmed by the US Senate. It could take months to replace Uballez and the decision to go forward with pending charges will likely be left to the next U.S. Attorney, and that could delay prosecutions.

COURTS TAKING AGGRESSIVE ACTION AGAINST CLEAR

The federal court and the New Mexico Supreme Court are taking aggressive steps to disbar,  suspend or discipline attorney Thomas Clear III with the filing of Order To Show Cause pleadings.  What makes the “Order To Show” pleadings filed by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales so remarkable is that they  were done “sua sponte”, meaning on their own initiative without any prompting by any source or party to litigation and before Clear has been charged with any crimes. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

HOW FAR UP APD’S CHAIN OF COMMAND DOES CORRUPTION GO?

The most troubling question that remains and that must be answered to restore confidence in APD is just how many APD supervisors knew of the corruption and how far up APD’s existing chain of command does the corruption go?

In the Criminal Information filed against Ricardo “Rick” Mendez, and to which Mendes plead guilty to the alleged facts in all the counts, federal Prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

Honorio Alba also admits in his plea that he, Clear and Mendez asked senior APD officers who had been involved in the scheme “to use their positions and influence” to ensure the officers involved were not caught. Alba said he asked these senior officers for help in the fall of 2023 when a complaint was filed against him with the Civilian Police Oversight Agency.

On March 20, 2024, it was announced that Joshua Montaño had resigned from APD. Montaño at the time of his resignation was an 18-year veteran of the department having joined APD in January 2005 and  served on the DWI unit since 2015. On March 20 Montaño sent his letter of resignation to Police Reform Superintendent Eric Garcia and the letter was released to the public. A damning portion of the resignation letter states as follows:

Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Court is watched over and monitored.”

On August 1, 2024, APD announced that it fired APD Commander Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards. Landavazo had been with APD since 2007 and was with the DWI unit from 2008 through 2013. The on line news outlet City Desk ABQ reported it had obtained emails that showed the FBI had forwarded a tip in June of 2022 to Landavazo about an officer working with attorney Thomas Clear III and his paralegal to guarantee a DWI charge would go away if the defendant paid $10,000.  According to those emails, Landavazo told  the FBI agent that Internal Affairs does not handle such private civilian complaints and that it is the Civilian Police Oversight Agency that handles civilian complaints. Chief Medina later learned the FBI contacted APD’s Internal Affairs Unit in June of 2022. APD said Internal Affairs Commander Mark Landavazo told the feds it was not a case Internal Affairs would handle because it was a citizen complaint. However, because there were criminal allegations, APD said Landavazo should have moved it up the chain of command. The department fired Landavazo over in February of 2024. When Landavazo was initially placed on administrative leave, an unnamed Lieutenant was temporarily reassigned from the Internal Affairs Department to another unit as well.

On October 16, APD Deputy Commander Gustavo Gomez, with APD’s Internal Affairs Force Division was placed on paid administrative leave in relation to the DWI dismissal and bribery scandal. Gomez was named Deputy Commander of the Internal Affairs Force Division by Chief Harold Medina. Gomez has been with APD since 2008 and was a DWI officer from 2010 to 2013.

It was APD Chief Harold Medina who promoted both Mark Landavazo and Gustavo Gomez into high ranking positions of Internal Affairs and who were part of the DWI Enterprise. The number of APD Officers Chief Medina has promoted to high-ranking positions during his tenure that were involved in the DWI Enterprise over the years remains unknown.

It is Internal Affairs that investigates nefarious conduct of police officers. It’s about as corrupt as it gets when at least two high ranking APD Internal Affairs officers are identified as being a part the largest corruption scandal in the department history.

BASTION OF DIRTY AND CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is no doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved are imposed in the “DWI Enterprise” scheme.

 

Defense Attorney Implicated In APD Bribery and DWI Dismissal Scandal Voluntarily Agrees Not To Practice Law; Disbarment Decision Pending By Federal Court And New Mexico Supreme Court

On January 29 Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the  racketeering scheme involving bribery and kickbacks to a group of law enforcement officers.  The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, gifts, trips or free legal advice. The officers alleged to be involved are with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State Police Department. Chief U.S. District Judge Kenneth Gonzales gave Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

On February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature  to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office.  The New Mexico Supreme Court gave Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct.

CLEAR RESPONDS TO FEDERAL COURT ORDER TO SHOW CAUSE

On Wednesday, February 5, 2025,  Clear’s attorney Thomas M. Clark (Clark & Ruyle, LLC)  filed a formal written  response to the “Order to Show Cause” filed by Chief U.S. District Judge Kenneth Gonzales. According to the response filed, Clear notified the court that on January 24, 2025  he changed his status as a member of the New Mexico State Bar from active to in active. Read Clear’s  written response to the Order To Show Cause by clicking  here “active” to “inactive”‘ .

Clear’s response states he has not been formally charged with a crime and there no pending charges that he must disclose. Clear argues in order to respond to the court’s order, he would have to “abandon his rights and protection provided under the Fifth Amendment of the United States Constitution, which he cannot do.”  Clear also advises the Court that he is “asserting the Fifth Amendment right against self-incrimination.”

Clear states in his response to the Order to Show Cause that he has not been actively engaged in the practice of law in New Mexico since “approximately” June 2024. He requests Judge Gonzales to accept his resignation as a member of the New Mexico State Bar based on his change of status and eligibility.

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/thomas-clear-dwi-scandal-new-mexico/63694528

https://www.kob.com/news/top-news/attorney-explains-why-he-shouldnt-face-punishment-for-alleged-dwi-scandal/

Clear had 30 days of entry of the federal court  Order to Show cause to respond in writing. Failure to timely show cause would have resulted in suspension, disbarment or other discipline.

Clear now has until February 10 to respond to the New Mexico Supreme Court’s Order to Show Cause.

FEDERAL COURT ORDER TO SHOW CAUSE RECALLED

Chief U.S. District Judge Kenneth Gonzales in his “Order to Show Cause”  cites the  Ricardo “Rick” Mendez “Plea and Disposition Agreement” as well as news media coverage about the allegations in notifying Clear that the statements, if true, “indicate Mr. Clear may have violated a New Mexico Rule of Professional Conduct” that pertains to professional misconduct by a lawyer. Judge Gonzales wrote this in his order:

“Given the nature of Mr. Clear’s apparent conduct and the potential for undermining the public’s confidence in the Court, the Court orders Mr. Clear to show cause why suspension, disbarment or other discipline is not appropriate.”

Chief Judge Gonzales noted that federal case law recognizes that the Federal District Court in New Mexico has “inherent supervisory power” over the conduct of attorneys who practice in federal court, and noted that federal judges in New Mexico “have an obligation to enforce high standards of conduct… .”

Chief Judge Gonzales noted in his order that licensed attorneys subject to disciplinary proceedings are entitled to procedural due process. Judge Gonzales wrote:

“Mr. Clear may request that the undersigned appoint a panel of Judges to review his response to this order and to conduct a hearing to determine whether suspension, disbarment or other discipline is appropriate.”

Judge Gonzales stated if Clear does not make the request for a panel, he will review Clear’s response himself  and make the determination as to what action should be taken against Clear. If Gonzales or the panel decides a hearing isn’t necessary, Clear is ordered to furnish “all the materials Mr. Clear wishes (Gonzales) or the Panel to consider.”

Judge Gonzales wrote in his  the Order To Show Cause that Clear may have violated the New Mexico Rule of Professional Conduct 16-804, Misconduct, which states:

“It is professional misconduct for a lawyer to:

  • Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
  • Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
  • Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • Engage in conduct that is prejudicial to the administration of justice;
  • State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”

MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT

It was on January 24 that a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.

According to the criminal Information filed, Mendez and officers and deputies at APD, BCSO, and New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors. No attorneys and no  APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admits he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear. Mendez admitted that he  subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges  or missing DWI hearings.

Mendez’s Sentencing is scheduled for  April 29, 2025

COMMENTARY AND ANALYSIS

Defense Attorney Thomas Clear’s written response to the federal Order to Show Cause was totally expected. By voluntarily agreeing not to practice law and pleading his 5th Amendment Right Against Self Incrimination, Clear is essentially doing whatever he can to avoid total disbarment and from permanently being prohibited from ever practicing law again. Clear is relying on the fact that he has not been charged with any crimes, that he is entitled to due process of law and that he must be presumed innocent until proven guilty. He is also arguing that the federal court has no jurisdiction over him and that it cannot impose sanctions. In other words Clear is telling Chief Judge Gonzales he has not been charged, he has not been found guilty of any crime and that the court cannot impose discipline until he is charged and found guilty of a crime.

The problem for Clear is that federal judges do have supervisory authority over who can practice law before them in federal court and can challenge an attorney’s fitness to practice law. The question that remains is if Chief U.S. District Judge Kenneth Gonzales will be satisfied, accept Clear’s voluntary decision not to practice law or take further steps and impose sanctions.

Clear will still have to deal with the New Mexico Supreme Court’s Order to Show Cause which on many levels is the most serious problem. The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The Supreme Court has the total authority to admonish, suspend from the practice of law for a period of time or permanently disbar an attorney from ever practicing law again.

“SUA SPONTE” ORDERS

What makes the  “Order To Show” pleadings  filed by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales so remarkable  is that they  were done “sua sponte” orders, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified  in the federal criminal Information charging Clear’s investigator and  para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.

Based on the admissions and guilty plea contained  in the January 24 Plea and Disposition agreement,  Mendez  has identified  Thomas Clear, III as “Co-Conspirator 1”.    Both Courts are confronting Clear with the allegations  and demanding  explanations of his involvement with a criminal enterprise to get DWI cases dismissed.  Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or permanent  disbarment from the practice of law.

A DISSERVICE TO THE PUBLIC

After over a year of front page news and investigation by the FBI and the Department of Justice, it is  a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal nor any of the attorney’s involved. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated nor the attorneys alleged to be involved.  After over a full year investigation, its likely the US Attorney’s office and the FBI have more than enough to proceed with charges and more than enough evidence to secure convictions, with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes nor the attorneys.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are also held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”. The Order To Cause actions  filed by both courts are first good steps.

2025 New Mexico Legislature Update: House Bill 12 Expanding Red Flag Law Allowing Law Enforcement To File Extreme Risk Petitions For Court Orders To Seize Guns From Those Who Pose Risk To Self Or Others Passes Two Committees And Goes On To Full House For Vote

On January 5, legislation to expand New Mexico’s red flag passed the House Judiciary Committee on a party-lines vote. Before that, it passed the House Consumer and Public Affairs Committee on a party-line vote.  New Mexico’s red flag law now goes  to the House floor for a final vote in that chamber. If it passes in the House of Representatives, it will be forwardwed to the State Senate to again go through the committee process.

New Mexico’s red flag law currently allows everyday New Mexicans to ask a judge to temporarily take away someone’s guns if they are a danger to themselves or others. It does not specifically mention law enforcement. House Bill 12 amends the law allowing law enforcement officers to file those petitions while also removing the current 48-hour confiscation period now instructing law enforcement to confiscate those guns immediately.

Court data shows at least 160 petitions have been filed throughout the state since the law was first enacted back in 2020.  However,  there are different court  interpretations of the law and whether or not law enforcement officers are allowed to file the petitions. Assistant Attorney general Jenn Vickery said this:

“The [Second Judicial District Court]  which is Albuquerque, Bernalillo County, the judges there are already allowing law enforcement to file petitions. But …  in the First Judicial Dsitrict in Santa Fe, a district court judge said a law enforcement officer wasn’t listed as a reporting party, so they denied the petition. So we’re seeing confusion in the judicial system where some judges mean who can be a reporting party.”  

With respect to removing the current 48-hour confiscation period and allowing law enforcement to confiscate those guns immediately, Rep. Christina Chandler said this: .

“There’s a concern there that a person who might have been thinking about doing some dangerous things, either themselves or others, would use that 48 hours to achieve that end. So that they wanted to be able to just take the guns immediately, as more clearly in the statute.”  

The link to the quoted or relied upon news source is here:

https://www.kob.com/new-mexico/proposal-to-expand-red-flag-law-heads-to-house-floor/

NEW MEXICO’S RED FLAG LAW

It was on February 25, 2020 that Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. New Mexico’s  “red flag law”  allows everyday citizens, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs).

Under New Mexico’s “red flag law”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

  • 2020:  4
  • 2021: 3
  • 2022: 14
  • 2023: 46
  • 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

HOUSE BILL 12

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Those changes have failed in past legislative session. This year, the proposed changes are embodied in House Bill 12.

House Bill 12 would clarify that law enforcement officers can directly initiate a court petition  instead of being forced to waite  for someone else to contact them.  Rep. Christine Chandler, D-Los Alamos, one of the measure’s sponsors said this:

“There’s an ambiguity in the law that we’re trying to address.”

The bill would also require that firearms be relinquished immediately upon a judge’s order, instead of within 48 hours.

Backers of the change say the 48-hour requirement puts law enforcement officers and others, including the subject of the order, at increased danger.

Several law enforcement officials testified in support of the changes during the committee hearing, including State Police Deputy Chief Carolyn Huynh,  former Taos County Sheriff,  who said this:

“I think we should all agree that certain people shouldn’t have firearms or have access to firearms.”

Critics of  House Bill 12 raised concerns about rogue law enforcement officers possibly abusing their expanded authority under the bill, while also renewing critiques about the underlying law itself. Anthony Sergura of the New Mexico Shooting Sports Association said this:

“Such drastic measures not only infringe on the rights of law-abiding citizens, they also infringe on due process.”

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was used infrequently in the two years following its 2020 approval. But utilization of the law increased over the last two years as law enforcement officers have received more training on its workings.

New Mexico had the nation’s third-highest gun death rate as of 2022, behind only Mississippi and Louisiana, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from 3  petitions in 2021 to 90 petitions last year, said Rep. Joy Garratt, D-Albuquerque. Of those 90 petitions, 86 were ultimately granted by a judge, she added.

However, the number of gun-related homicides and suicides in New Mexico decreased in 2023 compared to the previous year, according to data from the state’s Office of the Medical Investigator.

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_f70c71a8-d449-11ef-b059-d7bb40f5b874.html?fbclid=IwY2xjawIHrOlleHRuA2FlbQIxMQABHSowa_mASp4_O9v3fSgu74qZ_ITfv1E1yS5pYHkbueJZ0-Zi7HWVEy18Gg_aem_5Z0wuLwnLWUjHxxv2iJoRg#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

New Mexico’s red flag gun law continues to generate heated debate nearly five years after its 2020 approval.

Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

It’s not clear when the full House might debate House Bill 12, but legislature is at the the halfway point before it adjourns. There’s still plenty of time for it to clear the Senate before reaching the governor’s desk

The link to a related blog article is here:

2025 New Mexico Legislature Update: Public Safety Measures Again Front And Center During Legislative Session; 2025 Session Likely Last Time To Get Passage Of Public Safety Measures While Gov. MLG In Office