On November 4, the United States Attorney’s Office for the District of New Mexico announced that a federal grand jury returned the first indictment in the ongoing DWI bribery and corruption investigation of law enforcement officers charging a former Bernalillo County Sheriff’s Deputy with using his official position to further a long-running scheme involving the dismissal of DWI cases in New Mexico. According to the indictment filed, between March 2018 and January 2024, Bernalillo County Sheriff Deputy Paul Jessen Jr., conspired with attorney Thomas J. Clear III and his paralegal, Ricardo Mendez, to help DWI offenders avoid criminal and administrative penalties related to their DWI arrests. In exchange for items of value, Jessen allegedly failed to appear at required criminal settings for DWI offenders who retained Clear, knowing his absence would allow Clear to seek dismissal of the proceedings. Jessen was also convicted earlier this year of obstructing a Drug Enforcement Administration investigation and making false statements to the FBI,
https://www.justice.gov/usao-nm/pr/former-bcso-officer-indicted-federal-dwi-corruption-investigation
Former Bernalillo County Sheriff Deputy Paul Jessen Jr., age 36, was indicted by the federal grand jury on the single felony criminal charge of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.” Jessen stands accused of taking bribes to allow DWI charges dismissed against defendants. The bribery scheme of law enforcement officials is the state’s largest public corruption scandal involving law enforcement officers from the Albuquerque Police Department (APD), the New Mexico State Polic (NMSP) and the Bernalillo County Sheriff’s Department (BCSO). If convicted, Jessen faces up to 20 years in prison. Jessen is already facing federal prison time in another case for tipping off drug dealers. In July, a jury convicted him of obstructing justice for tipping off a North Valley drug dealer that he was under investigation by the U.S. Drug Enforcement Administration.
It was in September 2024 that Jessen was first indicted in an unrelated federal case. In 2021, Jessen and fellow BCSO Deputy Kyle Linker were notified by the federal Drug Enforcement Administration (DEA) about an impending raid near a drug dealer’s North Valley home. The DEA claimed that Jessen and Linker wanted to keep the drug dealer as a confidential informant and tipped off the dealer so he’d stay out of trouble. Jessen along with his partner, Kyle Linker were charged with leaking confidential information to the drug dealers who were being investigated by the DEA. Linker pleaded guilty in the case and served 30 days in prison. In June, Jessen was found guilty by a jury for his role. The drug dealer Rod White, was a star witness against Jessen, who denied any wrongdoing in court papers and didn’t testify during a four-day federal trial. Jessen’s sentencing in the case is set for December 15, 2026.
Deputy Paul Jessen Jessen joined the BCSO in 2012. Jessen was an award-winning detective working drug trafficking and other cases on an FBI task force. Jessen served in the BCSO DWI Unit for four years starting in 2016. BCSO spokesperson Jayme Gonzales said Paul Jessen was terminated by BCSO and declined to say if BCSO is aware of the identity of the other BCSO deputy allegedly involved and if that person is still with the agency.
U.S. Attorney’s Office spokesperson Tessa DuBerry declined to say if other BCSO deputies involved with the DWI scheme are still with BCSO and declined to give any other details. DuBerry also declined to say if former BCSO deputies Johann Jareno and Jeffry Bartram, both who have been identified by Sheriff John Allen as being tied to the scheme, were being investigated as well. Former BCSO Deputies Jareno, Bartram, and Hammerel have been added to the 2nd Judicial District Attorney’s Office Brady-Giglio list, which names law enforcement personnel deemed untrustworthy to testify. Unlike Hammerel, Jareno, Bartram neither has been charged.
JESSEN INDICTMENT ALLEGATIONS
The bribery and conspiracy scheme to dismiss DWI cases by law enforcement first became public in January 2024 after FBI agents raided the homes of several Albuquerque Police Department officers, Clear’s law office and Mendez’s home. As the conspirators pleaded guilty, the breadth of the scheme widened to include BCSO and New Mexico State Police personnel.
The indictment against Jessen alleges he worked with a “senior BCSO deputy” to take bribes from criminal defense attorney Thomas Clear III to have DWI cases against Clear’s clients dismissed. The bribes accepted by Jenssen allegedly include a Craftsman tool chest, Pit Boss smoker, flat-screen TV and free legal services. A BCSO senior deputy, referred to as “co-conspirator 1” by federal prosecutors in the indictment, is not identified in the indictment filed in U.S. District Court for New Mexico.
The indictment alleges that BCSO Deputy Jessen’s involvement in the DWI scheme occurred between March 2018 and January 2024. The indictment states that when Mendez offered Jessen a cash bribe, he refused to take it “and expressed concerns about being offered the cash” to a senior BCSO deputy. Afterward, Jessen agreed to accept “items of value for his home” for letting his DWI cases get dismissed by skipping out on required court appearances. Between 2016, when Jessen joined BCSO’s DWI unit, and 2019, he had eight DWI cases involving Clear and all but one were dismissed. The indictment alleges in part:
“To ensure successful operation of the scheme, Mendez contacted persons in authority at BCSO, including Co-Conspirator 1 to ensure that participating Conspiring Officers, including Jessen, would fail to appear at required settings in exchange for either cash payments or gifts and other items of value.”
In 2022, the indictment alleges criminal defense attorney Thomas Clear III gave Jessen “free legal representation while Jessen was under investigation for criminal charges unrelated to the conspiracy described herein.” At that time, Jessen had become a suspect in a separate federal corruption case, though he wasn’t charged for two more years.
Jessen is the second Bernalillo County Sheriff’s Deputy to be implicated in the three decades long scheme. Thus far, nine Albuquerque police officers, attorneys Thomas Clear III and Rudolph Chavez and Clear’s paralegal Ricardo “Rick” Mendez have pleaded guilty to federal charges ranging from racketeering to extortion.
The Jessen indictment marks the first time in the 3-year-old DWI corruption investigation that federal prosecutors sought a grand jury indictment against a target. Federal prosecutors had previously secured guilty pleas before announcing such cases.
Jessen is set for a Nov. 18 initial appearance in federal court.
Links to relied upon or quoted news sources are here:
https://www.abqjournal.com/news/former-bcso-deputy-charged-in-dwi-corruption-scheme/3156294
https://www.kob.com/new-mexico/former-bcso-deputy-indicted-in-dwi-deception-scheme/
HOW DWI ENTERPRISE BRIBERY AND DISSMISSAL SCANDAL 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. It went on for upwards of 3 decades. Arresting officers would give contact information on motorists they arrested for DWI charges to private investigator Carlos Mendez who worked for defense attorney Thomas Clear or to Clear himself. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews or court hearings. The officers 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.
Police officers would intentionally fail to appear at required court hearings, withhold evidence or fail to file court paperwork for DWI offenders, some of whom were aware of the scheme and others who were not, who hired Clear.
Clear said during in his plea agreement that the scheme dated back to 1995. Clear admitted this in his plea agreement:
“Under this scheme, I would then appear at the (Motor Vehicle Division) administrative hearings and the criminal case settings on behalf of the DWI offender and would move to dismiss the proceedings”
Clear and his paralegal and co-conspirator Ricardo Mendez entered guilty pleas on charges of racketeering, among other federal charges. Clear and Mendez have been disbarred from the practice of law. Clear faces 130 years in prison. No one who has pleaded guilty in the case has been sentenced.
HUNDREDS OF DWI CASES DISMISSED
It has been reported that the 2nd Judicial District Attorney’s Office has dismissed over 260 DWI cases linked to the federal cases. From January 2024 through June 2025, sixteen officers were added to what’s called the Brady-Giglio List, a designation that deems them untrustworthy witnesses in court. As a result, two New Mexico district attorneys were forced to dismiss the officers’ open criminal cases in Bernalillo and Valencia counties. The two District Attorneys have had to dismiss 306 DWI cases against suspected drunk drivers.
SINGLE LARGEST GOVERNMENT CORRUPTION SCANDAL
The bribery of law enforcement to dismiss DWI Cases is the single largest government corruption scandal in the City of Albuquerque’s and the State of New Mexico’s history involving the 3 largest law enforcement agencies in the state consisting of the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO) and the New Mexico State police.
On August 31, 2026, it was widely reported by Albuquerque news outlets that six additional Albuquerque Police sworn officers have been placed on leave as part of an ongoing investigation into a decades-long scheme involving criminal defense attorney Thomas Clear III, his private investigator Ricardo “Rick” Mendez and defense attorney Rudy Chavez who paid law enforcement to get DWI cases dismissed. APD spokesperson Gilbert Gallegos said that APD is doing an internal investigation into the six officers, who were not named.
https://www.kob.com/new-mexico/six-more-apd-officers-on-leave-after-dwi-deception-investigation/
https://www.koat.com/article/apd-places-6-officers-on-leave-as-part-of-dwi-investigation/73573369
In addition to the six APD officers implicated in the scandal, another nineteen (19) law enforcement officers have been implicated and have resigned, retired, been terminated or federally charged or plead guilty to charges. The FBI executed five search warrants 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. Private Criminal Defense Attorneys Thomas Clear and Rudy Chavez have plead guilty to federal charges and have been disbarred by the New Mexico Supreme Court and the Federal Court. Clear’s private investigator and paralegal Ricardo “Rick” Mendez also plead guilty to federal charges.
DWI DISMISSAL SCANDAL SCORE CARD
To date, 13 people, including Clear and Mendez, have pleaded guilty to federal charges tied to the conspiracy. Over the last three years, federal prosecutors have secured guilty pleas from Clear, Mendez, attorney Rudy Chavez, nine Albuquerque Police Department officers and one Bernalillo County sheriff’s deputy. Other law enforcement officers, including one from the New Mexico State Police, have either been fired or retired. None have gone to trial, and all 13 defendants prosecuted on racketeering- and extortion-related charges are awaiting sentencing.
Nine APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to federal charges of taking bribes. Additionally, two Albuquerque defense attorneys, and one private investigator have plead guilty in the ongoing federal investigation into a nearly 30-year conspiracy in which a group of DWI officers received cash, free legal services and other benefits for helping get DWI cases dismissed.
NINE APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED
The nine APD officers and one Bernalillo County Sheriff’s Office Deputy who have plead guilty to federal charges of 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, 2025 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, 2025 former APD Officer Neill Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery. ( February 12, 2025.)
- On March 24, 2025 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, 2025 former APD Police Officer Harvey Johnson plead 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.
- On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it had placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit to become the unit sergeant.
- On June 23, 2025 former APD Officer Louis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his employee Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.” The maximum penalty is up to 20 years in prison and a fine up to $250,000.
- On December 15, 2025, retired APD Officer Timothy McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
- 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 January 20, 2026, former APD Lieutenant Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”
TWO RING LEADERS PLEAD GUILTY AS CHARGED
Former DWI Criminal defense attorney Thomas Clear III and his private investigator Ricardo “Rick” Mendez plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.
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. Mendez is facing 110 years in prison on the charges. On April 29 Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.
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 has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.
DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY
On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his client’s drunken driving case dismissed. Chavez plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.
In his plea agreement, Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case. Chavez admits this in his plea agreement:
“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”
Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with FBI agents, Chavez denied knowing Alba was not going to appear in court.
In his federal plea agreement, Chavez admits he lied to FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez admits in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”
NO AGREEMENTS AS TO SENTENCINGS
Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the federal judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge. Depending on the actual number of charges plead to by each defendant, they are facing jail sentences between 5 years and 20 years and as much as130 years in federal prison and could face fines as low as $20,000 or in excess of $1 million dollars.
COMMENTARY AND ANALYSIS
There is absolutely no doubt that APD’s reputation has beeb trashed to a major extent because of this scandal and the number of APD officers involved. 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 Sheriffs Office BCSO and New Mexico State Police Officers.
The only way that any semblance of faith can begin to be restored and for people to begin trusting APD and law enforcement in general is if all the police officers involved in this scandal are held accountable, the lawyers involved are held accountable and when they are all behind bars. 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. Justice will not be served until all are sentenced. Sentencings delayed means Justice has not been served.
The courts need to get along with the sentencings.
The link to a related blog article is here: