Latest news with #DWIEnterprise
Yahoo
30-04-2025
- Yahoo
‘We're not done yet': FBI discusses future of DWI scandal as another APD officer takes a plea
ALBUQUERQUE, N.M. (KRQE) – A sixth former member of law enforcement has accepted a plea deal for taking bribes to help a law firm get its clients drunk driving cases dismissed in what the feds call a 'DWI Enterprise.' As the investigation continues, the FBI says to expect more pleas to come. Harvey Johnson pleaded guilty to one count of conspiracy to commit interference withcommerce by extortion under color of official right on Tuesday. According to federal court documents, Johnson admitted to participating in the DWI Enterprise from Feb. 18, 2023, through Jan. 18, 2024. WATCH: DWI cases Albuquerque officers and paralegal made disappear The feds said the scheme ran for 30 years and was led by now-disbarred Attorney Thomas Clear III and his Paralegal Ricardo 'Rick' Mendez, who worked with law enforcement members mainly within APD's DWI Unit. Johnson admitted that he worked with 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. The former officer also said that he would keep alleged drunk driving suspects' driver's licenses or arrest paperwork so Mendez could contact the driver. Mendez and Clear typically paid officers in cash, and in some cases gave them free legal services for their family members, hotel rooms, meals, and other gifts, according to federal court documents. In Johnson's case, he specifically mentioned that Clear and Mendez gave him non-cash rewards such as Christmas gifts and baby gifts. 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. Prosecutors immediately deemed him a non-credible witness, meaning his word, as a police officer, could no longer be trusted in court. As a result, more than two dozen of his pending DWI cases were dismissed. News of the federal investigation into the scheme blew wide open in January 2024 when federal agents raided the homes of Albuquerque police officers, including Johnson's in Los Lunas, and Clear's home office in Albuquerque. FBI Special Agent in Charge Raul Bujanda told KRQE Investigates that the fact the scheme was passed down through generations of officers surprised him, but he did not say at what point his agency learned of it and started investigating. 'So here, you had actually, I believe, I truly do believe, people who are coming into the profession that wanted to do the right thing. And they started to see some things that weren't being done properly, like this scandal we're talking about, but instead of reporting it, they just decided to be a part of it because they felt that that was accepted,' said FBI Special Agent in Charge Raul Bujanda. Other key players in the scheme include additional members of APD, the Bernalillo County Sheriff's Office, and New Mexico State Police. Bujanda said the investigation into the scheme and possible suspects is not over. '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,' said Bujanda. 2 Albuquerque police officers who resigned amid DWI Unit scandal now working for CYFD Johnson and former APD Officer Nelson Ortiz went on to work at CYFD after they resigned from the department. They both have since taken plea deals, and CYFD said they are no longer employed with the department. Take a look at the plea deals in New Mexico's DWI scandal Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-04-2025
- Yahoo
Disgraced Albuquerque lawyer let off the hook in construction zone speeding case
ALBUQUERQUE, N.M. (KRQE) – He made our roads dangerous for thirty years as the mastermind behind a criminal conspiracy that involved bribing officers to get his drunk driving clients off the hook. Now, when he's caught violating a traffic law, the city is letting Thomas Clear III off the hook. Related Coverage: Attorney implicated in DWI scheme not arguing against license suspension BCSO appoints replacement for fired undersheriff WATCH: DWI cases Albuquerque officers and paralegal made disappear Fourth former APD officer admits to role in DWI scheme Attorney implicated in DWI dismissal scheme has license temporarily suspended On the Albuquerque police officer's lapel camera video, you can see him use his radar gun and then frantically move his hands, telling the approaching driver to slow down. He just caught that driver speeding 14 miles per hour over the speed limit, in a construction zone. The officer approached the vehicle and found longtime criminal defense Attorney Thomas Clear III in the driver's seat. Clear was told that he was driving 39 miles per hour in a 25 miles per hour zone. The traffic stop happened on February 11. At that point, it was known that federal agents had raided Clear's law office a year earlier, suspecting he had been paying off officers to get his drunk driving clients' cases dismissed. As the officer walked away to write up the speeding ticket, it was evident he recognized who he had just pulled over. What he didn't know was that the very next day, Clear would accept a plea deal in federal court, admitting to the suspected scheme. The longtime attorney pleaded guilty to bribing police officers over the past 30 years, in what has come to be known as the 'DWI Enterprise.' It's a criminal conspiracy that Clear told federal investigators involved paying DWI officers from around the Albuquerque metro to either not file charges or not appear in court, allowing drunk drivers to avoid any consequences. On April 4, the City of Albuquerque granted Clear the same relief. He requested a hearing for the speeding ticket, rather than paying it on the spot. Clear received a plea deal from the city attorney. Per the agreement, Clear is just on the hook for the court costs, $24. The ticket would've cost him an additional $60. The judge said that if he avoids any traffic or criminal violations for the next 90 days, the speeding ticket will not appear on his record. Having helped countless dangerous drivers stay on the road, KRQE Investigative Report Ann Pierret asked the city why Clear gets to avoid any consequences when he's the bad driver. She was told a deferred sentence is not unusual in traffic cases. Clear qualified for it because he didn't have a traffic violation in the last decade. Shortly after Clear pled guilty to nine federal charges in the DWI scheme, both the federal and state bars moved to revoke his law license. As part of his federal plea, Clear also gave up his law office to the feds. The now-disbarred Clear faces up to 130 years in prison. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-03-2025
- Yahoo
WATCH: DWI cases Albuquerque officers and paralegal made disappear
ALBUQUERQUE, N.M. (KRQE) – How many drunk drivers never faced charges over the last two decades as part of the so-called 'DWI Enterprise' in New Mexico? That's an answer we may never know because key players in the scheme admitted they got drivers to pay them off in exchange for not filing charges against them. Related Coverage 'Unconscionable:' Mayor talks DWI scheme, expresses trust in Albuquerque police 'We held people accountable': Chief takes credit for ending DWI scheme within APD Former APD officer named in scheme now trains DWI officers for state of New Mexico Former U.S. Attorney speaks out on DWI Unit scandal 2 Albuquerque police officers who resigned amid DWI Unit scandal now working for CYFD Governor, state's top cop respond to DWI corruption scheme In their confessions, now-former Albuquerque Police officers Joshua Montaño and Honorio Alba, Jr., and the paralegal they were working with, Ricardo 'Rick'' Mendez, told federal investigators about two of those unfiled drunk driving cases. KRQE Investigates obtained video of those arrests, pinpointing the two cases that matched based on time frames, arresting officers, initials of the drivers mentioned, plus a check of court records. Both cases were so serious that the drivers ended up in the hospital, which, as it turns out, made it even easier for them to fall off the radar. KRQE Investigates is not naming the drivers because neither faced charges after Montaño and Alba admitted they got the drivers to pay them off. 'This person could have killed us. He could have killed someone else,' Pam Roy told KRQE Investigative Reporter Ann Pierret. She vividly remembered the night she witnessed a suspected drunk driver smash his car onto northbound I-25 at the Paseo del Norte off-ramp. 'Oh, my goodness, like it was yesterday,' she added. Roy is the one who called 911 that February night in 2022. In lapel video from that night, which was obtained by KRQE Investigates, Roy is heard telling a responding officer what happened. Roy: 'I mean, I didn't see it until he actually came up off that guardrail and flipped over onto the highway on the side. Um, and you can see he came nose down, and then the car flipped over.'Officer: 'Okay.'Roy: 'I am surprised he got up.'Officer: 'Pretty lucky.'Roy: 'Oh my God, yeah.' When Roy left the scene, she said she assumed the case was in good hands. 'Thinking that when you drive away, that all those responders who showed up, all those people who were there, who chose a path of caring for other people, were going to take care of this person, get them to the hospital, and then see that due diligence down that path,' she explained. But now, three years later, KRQE Investigative Reporter Ann Pierret let her know that due diligence didn't happen. The reason why? Federal court documents show the driver played a role in a much larger scheme focused on officers and an Albuquerque law firm profiting off making DWI cases disappear— what the feds have dubbed the 'DWI enterprise.' Because responding officers suspected the driver was intoxicated, at the time, they called in Officer Montaño from APD's DWI Unit. His lapel footage obtained by KRQE Investigates showed him interacting with the driver at the hospital. The man was in a neck brace, and his whole body was roughed up. He could barely speak to the officer. Officer Montaño: 'I could smell some alcohol, man. How much did you drink tonight?'Driver: '(Inaudible) I'm sorry I (inaudible) had a little bit.'Officer Montaño: 'A little bit?'Driver: 'Yes.' Montaño conducted a few field sobriety tests, which he said helped him determine the man was driving drunk. 'I have to place you under arrest for DWI,' Montaño told the driver. But because the driver was in the hospital, it's APD protocol that Montaño would send a criminal summons in the mail rather than take him to jail that night. So, Montaño got the man's information, and then he explained to the driver, 'You're no longer in custody; you may get some paperwork in the mail in a couple weeks.' Instead, Montaño admitted he gave the driver's contact information to Albuquerque paralegal Mendez. Mendez confessed he had contacted the driver and got him to pay in exchange for Montaño not filing charges. To make that happen, Montaño said he got a portion of the driver's payment. No summons was sent. If it had been, the police report showed that the driver would have been facing a third-offense DWI. Albuquerque police sergeant allegedly connected to DWI scheme resigns Repeat offenders aren't the only ones who caught a break with an offer to participate in the DWI scheme. In April 2022, APD DWI Unit member Officer Alba was called to conduct field sobriety tests on a driver who crashed his vehicle into a pole on Lomas Boulevard. Court records show the driver had zero criminal record, and it would remain that way. In lapel video from that incident, which was obtained by KRQE Investigates, Alba is heard questioning the driver. Officer Alba: 'Okay, how much did you have to drink tonight?'Driver: 'Two drinks.' Alba asked the man for his driver's license. In another responding officer's lapel video, we see Alba place the ID in his belt and never see him return it to the driver. In his admission of guilt to the feds, Alba told investigators he often handed off licenses to Mendez. So it's believed that may have been how Mendez got in touch with this driver to offer the scheme. Alba did arrest the driver after observing 'signs of impairment' during the field sobriety tests. He drove the man to the Prisoner Transport Center and wrote in his police report that the man blew a 0.22 on the breathalyzer test twice. But this driver also spent the night in the hospital instead of a jail cell. 'I got to take you to the hospital based on your vehicle having airbag deployments. It's the jail's rules, okay?' Alba explained. But rather than issuing a criminal summons for drunk driving, Alba confessed that he received money from the driver, funneled through Mendez, in exchange for never filing charges. In a prior one-on-one interview with Raul Bujanda, special agent in charge of New Mexico's FBI, Pierret asked whether investigators would ever be able to determine how many drivers avoided charges. Bujanda acknowledged that it's possible even the key players don't know, as they were focused on collecting as many payments as possible rather than keeping track of how many people they let off the hook. He added that now knowing some drivers never faced charges makes it difficult to measure the scheme's impact on the Albuquerque community. 'These were individuals that should never have been on the road to begin with, and we let them get off the hook. So, what does that mean? They were never held accountable. The likelihood that they decided the following day, once this all was behind them, to go ahead and do the same thing all over again? It's highly likely, and who knows what might have happened at that point? The things that we don't know, the things that we haven't been able to connect together—someone that was released and got off the hook, so to speak, because of the scheme and ended up harming someone else, whether it was in a car accident or even taking someone's life. I mean, I don't even want to go there, but I mean, it's a very high possibility,' Bujanda said. The Albuquerque Police Department confirmed that it is reviewing documented cases—like these two—that did not result in charges. Federal investigators want to hear from you if you were offered or participated in the scheme. To reach the FBI Albuquerque Office directly, call 505-889-1300. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
24-03-2025
- Yahoo
Fourth former APD officer admits to role in DWI scheme
ALBUQUERQUE, N.M. (KRQE) – Former Albuquerque Police Department officer Nelson Ortiz admitted to his role in the DWI scandal Monday, becoming the fifth former law enforcement member to do so. Ortiz pleaded guilty in federal court to one count of conspiracy to commit interference with commerce by extortion under color of official right. Albuquerque lawyer claims false statements implicated him in DWI scheme Ortiz first joined APD in 2016 and served in APD's DWI Unit in 2018 before joining the Motors Unit in 2021. According to the plea agreement, Ortiz worked with paralegal Ricardo 'Rick' Mendez and Defense Attorney Thomas Clear III to get DWI cases dismissed between April 2020 and January 2024. According to court documents, the officers who were a part of what the feds call a 'DWI enterprise' would target DWI suspects they believed could pay expensive retainer fees, then funneled those people to Clear and his Mendez. The officers, including Ortiz, would conspire to miss court, ensuring the case could get dismissed. In exchange, the officers were paid cash or received other gifts like free legal services, gift cards, hotel rooms, and tickets to sporting events. In Ortiz's case, he specifically said he received cash payments of at least $500. He also admitted to federal investigators that even after leaving the DWI unit, he continued to refer DWI suspects arrested by other APD officers to Mendez and Clear. In addition to getting cases dismissed, Ortiz also said he received a 'referral fee' for helping recruit officers to join the 'DWI Enterprise' and set up meetings for recruits with Mendez and/or Clear. Ortiz told the feds Mendez would also use his name to help recruits feel comfortable participating because he'd risen through APD's ranks to sergeant. After learning of his connection to the 'DWI Enterprise,' APD placed Ortiz on paid administrative leave. He then resigned in March 2024, just days after investigators with Internal Affairs tried to schedule an interview with him about the scheme. He was one of the first APD officers federal investigators named, and on Jan. 2, 2024, the U.S. Attorney requested he be added to the Bernalillo County District Attorney's Giglio list, meaning he's no longer a credible witness. As a result, the DA was forced to drop 17 of Ortiz's pending cases. Ortiz faces up to 20 years in prison. KRQE Investigative Reporter Ann Pierret caught up with his attorney after Monday morning's court hearing, and he declined to comment on the former officer's confession. At this time, Ortiz's case stands out compared to the other plea agreements for former APD officers Honorio Alba Jr., Joshua Montaño, Neill Elsman, and Bernalillo County Sheriff's Office Deputy Jeff Hammerel, who each faced multiple counts. Federal investigators said the DWI scheme dates back to 1995 and also involved other BCSO members and New Mexico State Police staff. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-03-2025
- Yahoo
Defense attorney denies involvement in DWI scheme
Mar. 17—Albuquerque attorney Rudolph B. Chavez has denied any involvement in a decades-old criminal scheme in which law enforcement officers took bribes from an Albuquerque law firm to make sure suspects they arrested for DWI were never convicted. Chavez was asked by the state Supreme Court a week ago to respond to a petition seeking his suspension from the practice of law because of his alleged link to the federal racketeering case. The ongoing investigation by the FBI has so far resulted in guilty pleas from three former Albuquerque police officers, including Honorio Alba Jr., and a former Bernalillo County Sheriff's Office deputy. Also pleading guilty were the two leaders of the conspiracy, longtime Albuquerque criminal defense attorney Thomas Clear III, and his investigator Ricardo "Rick" Mendez. Clear pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on Feb. 12, but never mentioned in his detailed plea agreement that any other lawyer was involved in the scheme. Chavez has not been charged. Federal records show the scheme went undetected for years even though law enforcement officers deliberately missed court dates and hearings or failed to provide pretrial discovery for DWI cases they filed. After detaining the DWI suspects, the officers would forward the names and phone numbers of people they arrested to Mendez, who would contact the clients and charge high fees for ensuring their DWI cases would be thrown out of court because of the officers' malfeasance. Federal prosecutors have called the scheme the "DWI Enterprise." The petition to the Supreme Court was filed by Anne L. Taylor, the chief disciplinary counsel for the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board. The board oversees investigations of misconduct by attorneys and the unauthorized practice of law. As grounds for Chavez's suspension, Taylor noted that two defendants, Mendez and Alba, mentioned in their plea agreements that a second lawyer was involved in the scheme, and that the attorney had represented a DWI suspect with the initials Z.W. who was arrested by Alba. But the second lawyer was never named in the public court filings. The disciplinary counsel's petition states that "upon information and belief," attorney Chavez is the party Mendez and Alba made reference to in their plea agreements. But in his response filed Monday, Chavez said he represented defendant Z.W., but stated that "none of the features of the DWI Enterprise are present in that case." And he noted that Clear's plea agreement never mentioned him as a participant in the bribery scheme. Chavez stated that there was no basis for a suspension of his law license. Moreover, Chavez's response stated, "Upon information and belief, Mr. Clear has denied (Chavez's) involvement in the subject matter related to the federal prosecution." Both men have operated their own law firms, and sometimes collaborated on cases, court records show. Clear, 67, is awaiting sentencing and has been disbarred by the state Supreme Court. Former DWI officer Alba, who pleaded guilty to racketeering among other federal charges, stated in his plea agreement filed Feb. 7, that he worked "in concert" with Mendez, Clear and "another Albuquerque defense attorney" to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense. The disciplinary counsel petition states that Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer. Alba's plea agreement also stated he relied on "attorney co-conspirators" to handle "any aspect of the scheme and the enterprise that required an attorney present in court or at administrative hearings" such as those conducted by the state Motor Vehicle Department, which oversees driver's license privileges. "Given the length and nature of the enterprise and the allegations against (Chavez), as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by (Chavez) will result in the substantial probability of harm, loss or damage to the public," the counsel's petition stated. Chavez, who served as an assistant county attorney from 1989 to 1993, started his firm in 1993. He practices criminal and civil law. Chavez hasn't returned Journal phone messages, but told the Supreme Court in his written response that Williams hired him after doing a Google search, not because of any solicitation by Clear or Mendez. Records show Williams' DWI charge happened to be dismissed in January 2024 on the day trial was scheduled. But that was because it was among more than 250 other DWI cases state prosecutors dismissed because they involved law enforcement officers under investigation related to the DWI scheme. It wasn't clear Monday afternoon when the Supreme Court might decide the disciplinary case.
