Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen after Jareno was questioned and implicated by the FBI in its ongoing federal investigation into the racketeering, bribery and conspiracy enterprise to dismiss hundreds of DWI cases. Bernalillo County Sheriff John Allen in announcing that he asked for Jareno’s resignation told his staff in an internal email that Jareno had been recently questioned by the FBI regarding his alleged involvement in the racketeering scheme saying it was “terrible news.” Sherriff Allen issued a lengthy public statement and he said this in part:
“Overall, the ongoing DWI investigation has shed light on deep-seated issues in law enforcement that predate my administration, which began in January 2023. …. I am profoundly disappointed by these revelations, which undermine the hard-earned trust between the community and law enforcement. As Sheriff, my foremost responsibility is to safeguard the trust and safety of our community, which we can only achieve through transparency and ethical conduct. … We are fully cooperating with the FBI and the U.S. Attorney’s Office to ensure that all aspects of this investigation are thoroughly addressed. … [My office is conducting a] thorough review of our internal policies and control mechanisms to prevent such incidents in the future.]
You can read Sherriff John Allen’s full statement in the postscript below.
UNDERSHERIFF JOHANN JARENO
Johann Jareno, 45, was one of two undersheriffs appointed by Sherriff John Allen who assumed office on January 1, 2023. Jareno is a 16-year veteran of the Sheriff’s Department. Jareno began his employment as a deputy with BCSO in March 2009, serving in the DWI Unit from December 2011 until October 2019. Allen appointed him as undersheriff in January 2023. Undersheriffs are second-in-command of the sheriff’s office. In 2009, Jareno emigrated from Chile and became a U.S. citizen with the goal of becoming a deputy with the Bernalillo County Sheriff’s Office according to a prior BCSO news release. Former undersheriff Johann Jareno has not been criminally charged.
Jareno is alleged to be part of the ongoing federal investigation into a DWI dismissal “enterprise,” where Albuquerque-area law enforcement officers are accused of working with criminal DWI defense attorney Thomas Clear and his paralegal Ricardo “Rick” Mendez to get drunk driving cases dismissed in exchange for cash and other bribes. The FBI and the US Attorneys Office say the cases involve members of the Albuquerque Police Department, New Mexico State Police, and BCSO who were working with attorney Clear.
KRQE Investigates looked through court records and found Jareno had a 76% rate with attorney Clear. Of their 17 cases together from 2010 to 2019, 13 were dismissed. An Albuquerque Journal survey of court records shows Clear was retained as a defense attorney by 17 defendants Jareno arrested for DWI or other misdemeanor charges. All but 11 of those cases were dismissed and the charges dropped.
KRQE INTERVIEWS BCSO SHERRIFF JOHN ALLEN ABOUT UNDERSHERIFF JOHANN JARENO
During a Feb. 12 interview about BCSO members being implicated in the DWI scheme, KRQE Investigative Reporter Ann Pierret asked Sheriff Allen about Jareno’s possible involvement in the scheme. Following is the exchange:
Pierret: “Have you thought about at all looking at your undersheriff?”
Allen: “I’ve thought about everything I’ve told you. I don’t really, um, as far as people that are involved or people that I communicate with, I put everything on the table. I have to look at everything and trends. That’s why I’m waiting for the criminal investigation to move further so I can see what to act upon.”
During the KRQE interview, Sheriff Allen also acknowledged his past friendship with defense attorney Thomas Clear, III and and his paralegal Ricardo “Rick” Mendez saying this:
“It’s just that’s even more disappointing because they were actually friends and I met with them. Did they ever bring any of this up and did I ever suspect anything like this? Oh heck no.”
RELATED SUSPENSIONS
On January 24, 2025, Bernalillo County Sheriff John Allen placed Deputy Jeff Hammerel on administrative leave. 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 14, 2025 the New Mexico State Police placed longtime DWI Sgt. Toby LaFave on administrative leave in connection with the FBI investigation.
DWI CRIMINAL ENTERPRISE
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.
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 where they made DWI arrests. Over the last year, 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.
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.
Links to related, quoted or relied upon news sources are here:
https://www.abqjournal.com/news/article_6b542514-f2e6-11ef-ae6f-ef74ae659601.html
https://www.koat.com/article/albuquerque-bcso-undersheriff-resigns-dwi-scandal/63904395
ANATOMY OF “DWI ENTERPRISE” REVEALED IN FEDERAL FILINGS
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 criminal defense attorney 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.
FIVE PLEAD GUILTY AS CHARGED
On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in a criminal Information. The 8 count criminal Information contains the following charges:
- 1 count of a RICO Conspiracy
- 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
- 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
- 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right
On 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 with no agreements as to sentencing but agreeing to cooperate. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.
On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion with no agreement as to sentencing and agreeing to cooperate. 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. 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.
On February 12, former APD officer Neill Elsman plead guilty to 5 counts in federal of 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. Elsman faces up to 70 years in prison.
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. In his plea agreement, Hammerel admits to being involved in the scheme since 2017, working with defense attorney Thomas Clear III and private investigator Ricardo Mendez to fail to appear in court for DWI cases. Under the arrangement, Hammerel would miss his court appearance, Clear would move to have the case dismissed. Hammerel says he received at least $20,000 in cash or gifts in exchange for his help spoiling the cases.
https://www.koat.com/article/bernalillo-deputy-guilty-plea-dwi-scandal/63924769
https://www.kob.com/new-mexico/former-bcso-undersheriff-resigns-amid-dwi-scandal/
SEVENTEEN LAW ENFORCEMENT OFFICERS IMPLICATED
Under Sherriff Jareno is the 17th law enforcement officer to have resigned, retired, 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. Fourteen APD Officers, two Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.
14 APD OFFICERS IMPLICATED OR CHARGED
During the past year, a total of 14 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 and 3 have been charged and have plead guilty. 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 13 officers who have resigned, placed on leave, who have been terminated, retired or charged 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 Friday, February 8, Alba plead guilty as charged to racketeering, bribery, extortion and conspiracy.
- 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 Friday, February 8, Montaño plead guilty as charge to racketeering, bribery, extortion and conspiracy..
- 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.
- 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.
- 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.
TWO BERNALILLO COUNTY SHERRIFF DEPUTIES
On January 24, 2025 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 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, undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen
NEW 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 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/
COMMENTARY AND ANALYSIS
And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO) and the New Mexico State Police. 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.
The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges. The prosecutions are being done piecemeal one or two at a time. Former U.S. Attorney for New Mexico 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.
What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our larges law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada. No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure as Mayor Keller grins and smiles as he prepares to run for a third term. It’s as if the public and our elected official now accept that law enforcement corruption is the norm and not the exception.
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.
POSTSCRIPT
Following is Bernalillo County Sheriff John Allen’s statement:
“On February 22, 2025, the Federal Bureau of Investigation informed me of an ongoing inquiry that implicates a member of our command staff in the broader investigation into DWI case manipulations. Given the seriousness of the investigation, I took immediate action to preserve the integrity of the Bernalillo County Sheriff’s Office. To prevent any potential conflicts of interest and ensure our agency’s focus remains on our mission, I requested and
received the resignation of Undersheriff Johann Jareno, effective immediately on February 23, 2025. Mr. Jareno began his employment with BCSO in March 2009, serving in the DWI Unit from December 2011 until October 2019, and was appointed Undersheriff in January 2023.
Overall, the ongoing DWI investigation has shed light on deep-seated issues in law enforcement that predate my administration, which began in January 2023. I am profoundly disappointed by these revelations, which undermine the hard-earned trust between the community and law enforcement. As Sheriff, my foremost responsibility is to safeguard the trust and safety of our community, which we can only achieve through transparency and ethical conduct.
We are fully cooperating with the FBI and the U.S. Attorney’s Office to ensure that all aspects of this investigation are thoroughly addressed. I am grateful for the FBI bringing this new development to my attention directly, and due to the ongoing nature of this federal inquiry, our comments must be measured, but be assured that transparency and communication will continue to be a priority of my administration.
We are undertaking a thorough review of our internal policies and control mechanisms to prevent such incidents in the future. Part of this initiative includes the creation of a new Accountability and Compliance role, enhancing our ability to monitor and enforce ethical conduct within our ranks. The trust between the public and law enforcement is sacred, and I am committed to actions that strengthen this bond. We will be proactive in strengthening this relationship through continuous improvement of our operational practices and technological capabilities. This includes enhancements to our monitoring of court attendances and other critical areas of our operations.
I am grateful for the community’s support and patience as we navigate these challenging times. We will emerge from this challenge stronger and more committed to serving with honor and integrity. We are taking all necessary steps to ensure our department reflects the high standards expected by the people of Bernalillo County.”
Sheriff John Allen
https://www.koat.com/article/albuquerque-bcso-undersheriff-resigns-dwi-scandal/63904395