On Tuesday, April 29, former APD Police Officer Harvey Johnson pleaded guilty before U.S. Magistrate Court Judge Karen Molzen to one count of conspiracy to commit “interference with commerce by extortion under color of official right”. According to a 15 plea agreement filed, Harvey Johnson admitted to participating in the DWI Enterprise bribery case to dismiss cases for bribes from February 18, 2023, through January 18, 2024. Johnson joined APD in 2014 and was assigned to work in APD’s DWI Unit in 2021. He resigned in 2024, just one day before he was set to be interviewed by APD’s Internal Affairs about his suspected involvement in the scheme.
Harvey Johnson was among the newer officers to the scheme. He spent less than a year in the decades-long racketeering operation. It ended with FBI raids of five locations in January 2024. One of the locations raided was Johnson’s home. Johnson’s plea agreement states his involvement came in 2023 which is the same year the FBI began its investigation into reports that Albuquerque-area law enforcement officers were deliberately missing court or failing to file necessary evidence against DWI offenders they arrested to get the cases thrown out.
In his guilty plea, Harvey Johnson admitted that he worked with Attorney Tom Clear’s investigator Ricardo “Rick” Mendez to funnel drunk-driving defendants to Clear and accepted cash in exchange for not showing up to both the criminal and administrative DWI hearings, allowing the offender to go free. Johnson admitted that after he made an arrest of a suspect, he would keep the alleged drunk driving suspect’s drivers licenses or their arrest paperwork. Rick Mendez would then contact the DWI suspect and try to recruit him or her as a client by mentioning he had their paperwork.
In his 15-page plea agreement, Johnson admits that APD “conspiring officers” who had worked in the DWI Unit and were part of the scheme “would help and recruit and train the next generation of conspiring officers.” Officers who recruited others in the DWI Unit at APD would receive an extra fee for each new “conspiring officer.”
Mendez and Clear typically paid officers in cash. In some cases, they gave officers free legal services for their family members, hotel rooms, meals, and other gifts. In Johnson’s case, he specifically mentioned that Clear and Mendez gave him non-cash rewards such as Christmas gifts and baby gifts.
Federal prosecutors deemed Harvey Johnson a “non-credible witness” for trial purposes, meaning his testimony as a cop could not be trusted as evidence in a court of law. More than two dozen of his pending DWI cases were dismissed by the Bernalillo County District Attorney’s Office.
Havey Johnson and former APD Officer Nelson Ortiz after force out of APD went to work for the Children Youth and Families Department (CYFD) after they resigned from the department. CYFD said they are no longer employed with the department.
On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned from APD. On March 24, Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
Other key players in the scheme include at least 14 additional former members of APD, three former Bernalillo County Sherriff Deputies and one New Mexico State Police Officer.
The link to relied upon or quoted news sources are here:
https://www.koat.com/article/albuquerque-officer-guilty-dwi-scandal-charge/64626210
https://www.kob.com/new-mexico/another-former-apd-officer-takes-plea-deal-in-dwi-scheme/
Sentencing Hearing For Ricardo “Rick” Mendez Vacated
On April 29 in private investigator Ricardo “Rick” Mendez for ringleader Thomas Clear was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his hearing it was simply vacated by the federal court. Mendez is the first individual named in the case to accept a plea agreement.
It was on January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear III, plead guilty to all eight 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, attorney Thomas Clear, III and officers from the APD, Bernalillo County Sheriff’s Office and the New Mexico State Police ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases. Mendez arranged for officers to intentionally miss required proceedings related to DWI arrests. This allowed defense attorney Thomas Clear to file motions to dismiss those cases.
KOAT-TV legal expert John Day said that he understood that soon after the news broke on the case with the search warrants, Mendez quickly went to the U.S. Attorney’s Office to enter a plea in hopes of receiving a significantly reduced sentence in exchange for cooperating with the FBI. Day stated that its likely that delaying the sentence could lead to new information emerging about the DWI scandal, potentially filling in some important details and identifying more suspects to be charge. Day said this:
“[Mendez] gets a break for his testimony. How big of a break will depend on what a judge thinks of it at sentencing. … [I]f you’re the first one to enter a plea and you’re one of the key players who the investigators think can give them information … he should be anticipating that he’s going to get a huge break. … That’s how the prosecutors do it. They find someone who has all the information that they want, … they offer them a deal, and that deal is weighed against … what are you looking at if you’re going to trial, and how many years in a federal prison?”
The link to the quoted news source is here:
https://www.koat.com/article/first-sentencing-in-dwi-case-set-for-today/64619433
EVOLUTION OF FEDERAL CASE INVESTIGATION
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 and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.
Over the last year and four months, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.
Bernalillo County District Attorney Sam Bregman has had to dismiss more than 272 DWI cases involving law enforcement officers linked to the federal case and due to police officer credibility being called into question in the cases where they made the DWI arrests.
More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying bribes to arresting officers.
HOW DWI ENTERPRISE WORKED
According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward. Arresting officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. They would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.
Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant qualifies and is defended by the Public Defender’s Office.
TWO RING LEADERS PLEAD GUILTY AS CHARGED
Former DWI Criminal defense attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez have plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.
On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear admits in his Plea Agreement 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.
According to Clear’s plea agreement, prior to 2022, Clear and his investigator 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. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court and a forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.
On January 24, Ricardo “Rick” Mendez, 53, the 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. Mendez is facing 110 years in prison on the charges. State court records show he was arrested multiple times in the 90s for driving drunk.
SECOND ATTORNEY HAS LAW LICENSE SUSPENDED
It was on March 6 that the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The petition alleges that Chavez is the second attorney involved in the long-running racketeering, bribery and conspiracy DWI Enterprise case to dismiss DWI cases for bribes.
On April 7, Albuquerque defense attorney Rudolph “Rudy” Chavez agreed to forgo a public hearing on allegations by the New Mexico Supreme Court Disciplinary Board alleging his involvement in the DWI bribery and extortion conspiracy case under investigation by federal authorities. Instead, Chavez accepted an “indefinite suspension” of his law license.
Links to relied upon or quoted news sources are here:
https://www.abqjournal.com/news/article_f3f71a74-0449-11f0-a674-1fa91ae82bad.html
NINETEEN LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED
A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fifteen APD Officers, three Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.
15 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY
During the past year, a total of 15 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs investigations. One by one, the accused APD 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 15 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty 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 February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
- 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 24, Nelson Ortizadmitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
- On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
- On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
- On May 9, 2024, Matthew Trahan was 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 February 12, Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery. (Article: February 12, 2025.)
- 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 Gomez 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 on leave.
- On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
- In 2022, Timothy McCarson retired from the Albuquerque Police Department 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 March 7, 2025 BCSO Jeffry Bartram was placed on leave on March after he was involved in the DWI Enterprise to dismiss cases. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.
- On March 24, the Albuquerque Police Department (APD) announce it has placed Lucas Perezon leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.
THREE BERNALILLO COUNTY SHERRIFF DEPUTIES
The names and dates of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen are:
- On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
- On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen.
- March 7th, Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.
ONE MEXICO STATE POLICE
On February 14, 2025 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 public service promotion 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/
FIVE LAW ENFORCEMENT OFFICERS PLEAD GUILTY AS CHARGED
The five APD officers and one Bernalillo County Sheriff’s Office Deputy that have plead guilty to taking bribes are:
- On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
- On February 7, former APD Officer Joshua Montaño plead guilty as charge to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
- On February 12, former APD Officer Neill Elsmanplead guilty as charged to 5 counts of conspiracy, extortion, and bribery. ( February 12, 2025.)
- On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
- On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
- On April 29, former APD Police Officer Harvey Johnsonplead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
2,490 DWI CASES OVER 30 YEARS
On February 29, KOAT TV Target 7 filed the following report which has been edited by this blog:
Thomas Clear was the attorney of record for 2,490 DWI cases over 30 years. 15 APD officers accounted for nearly 100 DWI arrests connected to Clear, over the past five years.
Court records and law enforcement data reveals staggering numbers that suggest the DWI enterprise’s reach extends far beyond what was initially suspected.
- Over the past five years, 15 APD officers accounted for nearly 100 DWI arrests connected to Clear.
- Clear was the attorney of record for 2,490 DWI cases over 30 years.
- On average, he handled about 85 DWI cases per year.
- At least 150 people he represented were repeat offenders, arrested multiple times for DWI.
- Roughly 60% of Clear’s cases over the past five years were dismissed.
While the full scope remains unknown, federal investigators believe many more APD officers who worked in the DWI unit could have been involved at some point.
IMPACT ON LAW ENFORCEMENT AND PUBLIC SAFETY
The scandal could also affect current DWI enforcement efforts in Albuquerque. APD made 884 DWI arrests in 2024, a nearly 14% drop from the 1,026 arrests made in 2023. Some fear the scandal has left a chilling effect on officers, reducing proactive policing efforts.
Court documents indicate that the corruption may extend beyond those already charged. An FBI interview with Rick Mendez, a private investigator who worked for Clear, revealed claims that another attorney was involved in the scheme. Federal authorities have not disclosed the identity of this individual, but the investigation remains ongoing.
According to the New Mexico Regulations and Licensing Department, Mendez does not hold a license with the Private Investigations Advisory Board. Additionally, their records indicate there isn’t an individual with the name Ricardo “Rick” Mendez who has held a license with the board in the past.
INVESTIGATION CONTINUES
The investigation into APD’s DWI unit continues, with prosecutors working to uncover the full extent of the enterprise. Multiple high-ranking officers have been linked to dismissed DWI cases connected to Clear but have yet to be named.
As the case unfolds, authorities warn that more arrests could be on the horizon. Prosecutors are expected to continue identifying those who participated in or turned a blind eye to the corruption, ensuring that those responsible are held accountable.
On April 29 after the plea of guilty by Harvey Johnson FBI Special Agent in Charge Raul Bujanda said the investigation into the scheme and possible suspects is not over. Bujanda said this:
“We’re not done yet. It’s an ongoing investigation. I’d like to be able to say, I really actually would, and that’s sincere, like I would really want to say that this was over, it’s done, we’ve found them all, there’s no more to follow up on, you know everyone can feel good that we got all the bad apples out. Unfortunately, I can’t say that.”
The link to the quoted or relied upon news sources are here:
https://www.koat.com/article/dwi-scandal-enterpise-albuquerque-new-mexico/63834129
COMMENTARY AND ANALYSIS
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 especially with the involvement of the Bernalillo County Sherriffs Office BCSO and New Mexico State Police Officers.
The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general 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. Until then, do not expect any public outrage by the public or elected officials.