On January 29, in a surprising and truly remarkable turn of events, Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to prominent 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. Those officers include Albuquerque Police Officers (APD), Bernalillo County Sheriff Officers (BCSO) and New Mexico State Police officers. In his “Order to Show Cause” pleading, Judge Gonzales notifies attorney Thomas Clear III he could get punished, even disbarred, for his alleged role in a scheme to pay police and deputies to skip court hearings in his clients’ DWI cases.
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 II. 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 admitted 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.
ORDER TO SHOW CAUSE
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 has given Clear 30 days to respond in writing, and two weeks if he is charged with a crime.
RELATIONSHIP BETWEEN CLEAR AND MENDEZ REVEALED
Criminal defense attorney Thomas Clear, III has been practicing in federal court in New Mexico since 1998. Court records reflect that in 1998 he represented Mendez on federal criminal drug charges related to the smuggling of a kilo of cocaine. With Clear as his attorney, Mendez’s charges were ultimately dismissed months later by federal prosecutors.
Some 25 years later, Mendez was working as Clear’s investigator when the FBI launched a criminal investigation in 2023 into what has now been dubbed the “DWI Enterprise.” Mendez, who pleaded guilty to bribery, conspiracy and extortion, told federal authorities the scheme spanned at least 15 years. Clear has resigned as the Chair of the State’s Public Defender Commission. He has also stopped representing DWI clients when the FBI investigation came to light and his law office was searched a year ago.
Clear has practiced both civil and criminal law in U.S. District Court. He has represented mostly defendants facing drug charges and has also filed several civil lawsuits against APD. One involved a female DWI officer who alleged harassment by a supervisor.
In February 1998, Ricardo “Rick” Mendez was one of 4 defendants arrested after U.S. Border Patrol agents at a southern New Mexico immigration checkpoint discovered a kilo of cocaine inside a car. He was accused of being the driver of a different vehicle that pulled up to a motel in Albuquerque to receive the cocaine and was arrested on federal drug charges along with two others.
By October of that year, federal prosecutors dismissed charges against Mendez. The dismissal motion states, “The United States is currently investigating information provided by the defendant which, if true, could exonerate the defendant.”
Five years earlier, Ricardo “Rick” Mendez and his mother, Elsa Ramos, were charged federally with attempting to board a Continental Airlines plane in Albuquerque with a suitcase containing 24 pounds of marijuana. That case was dismissed after Mendez and Ramos pleaded guilty to the same offense in state district court, court records state. It was not clear what happened if there was a state prosecution. There is no public record of either defendant pleading guilty to the state charges. There is mention in one court filing that those records were subject to automatic expungement in 2022.
The links to quoted or relied upon new sources are here:
https://www.abqjournal.com/news/article_f19a3202-df4b-11ef-8ac0-2fd18624b055.html
https://www.kob.com/new-mexico/federal-judge-files-order-to-punish-attorney-in-dwi-dece
https://www.yahoo.com/news/court-moves-discipline-defense-attorney-003300949.html
ALLEGED DWI ENTERPRISE
None of the APD officers nor any other law enforcement officers have been charged in the case. Criminal Defense Attorney Thomas Clear, III, is named in the court filings as “co-conspirator 1,” also has not been charged. Another unidentified defense attorney has also been named as “co-conspirator 3”.
A total of 12 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 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 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 and Kyle Curtis on paid leave.
- On February 28, Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
On February 24, Bernalillo County Sherriff John Allen announced that BCSO Deputy Jeff Hammerel was immediately placed on administrative leave ostensibly for being implicated in the DWI Enterprise.
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.
ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL
The criminal Information filed on January 24 in Federal Court as well as the Mendez Plea and Disposition agreement filed on the same date reflects that the “DWI Enterprise” dates to back to 2008 and its described as an 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 APD Internal Affairs.
Federal prosecutors allege as fact in the criminal Information charging Mendez 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, the 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.”
With respect to law enforcement, the criminal Information 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 his boss, 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.
Links to relied upon or quoted news sources are here:
https://www.kob.com/new-mexico/plea-deal-in-federal-apd-dwi-investigation/
https://www.koat.com/article/albuquerque-state-police-bcso-dwi-new-mexico/63548930
https://www.krqe.com/news/crime/apd-releases-timeline-of-investigation-into-dwi-unit-scandal/
COMMENTARY AND ANALYSIS
The filing of the Order To Show by Chief U.S. District Judge Kenneth Gonzales must be welcomed and commended by the general public without any hesitancy and without reservations. After over a year of front page news and investigation by the FBI and the Department of Justice, it’s about time that aggressive action is finally being taken, especially by the court.
It was 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. 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. After over a full year investigation, its likely the US Attorney’s office and the FBI has more than enough to proceed with charges and more than enough evidence to secure convictions, especially 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.
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 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 link to a related article is here: