And the beat goes on with the largest law enforcement corruption case in the city’s history involving members of the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO) and the New Mexico State Police (NMSP) conspiring with and accepting bribes from local criminal defense Attorney Thomas Clear, III and his para legal Ricardo “Rick” Mendez to get DWI cases dismissed.
APD SEARGEANT PLACED ON LEAVE
On March 24, the Albuquerque Police Department (APD) announced it placed Sgt. Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez was placed on leave after APD officials were notified by the New Mexico U.S. Attorney’s Office that Perez, a former DWI unit sergeant, was under scrutiny as part of the FBI’s continuing investigation into what they refer to as the DWI Enterprise, the massive, 30-year conspiracy in which law enforcement accepted bribes to get DWI cases dismissed. Federal prosecutors identified Perez as one of those under criminal investigation whose credibility could be challenged if asked to testify in court on other cases. Perez has not been criminally charged. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.
FORMER APD OFFICER NELSON ORTIZ PLEADS GUILTY
On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal, becoming the fifth law enforcement officer (4 APD officers, 1 BCSO Officer) to plead guilty as charged and the 7th person to plead guilty when you include Thomas Clear and Rick Mendez. Ortiz pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. According to the plea agreement, Ortiz worked with paralegal Ricardo “Rick” Mendez and Defense Attorney Thomas Clear III to get DWI cases dismissed in exchange for bribes between April 2020 and January 2024.
Ortiz’s specifically admits in his plea that he received cash payments of at least $500. He also admits 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 admits he received a “referral fee” for helping recruit officers to join the “DWI Enterprise” and set up meetings for recruits with Rick Mendez and/or Thomas Clear. Ortiz told the federal authorities Mendez would also use his name to help recruits feel comfortable participating because he had 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. Nelson Ortiz was one of the first APD officers federal investigators named involved with the scheme.
On January 2, 2024, the U.S. Attorney requested Ortiz be added to the Bernalillo County District Attorney’s Giglio list, meaning he’s no longer a credible witness. As a result, the Bernalillo County District Attorney was forced to drop 17 of Ortiz’s pending cases. Ortiz faces up to 20 years in prison. Ortiz first joined APD in 2016 and served in APD’s DWI Unit in 2018 before joining the Motors Unit in 2021.
Nelson Ortiz’s case of pleading to one federal count carrying a sentence of 20 years is highly reduce when compared to the other plea agreements of former APD officers Honorio Alba Jr., Joshua Montaño, Neill Elsman, and Bernalillo County Sheriff’s Office Deputy Jeff Hammerel. The 4 plead guilty to multiple counts and face sentences from 70 to 130 years in prison.
Links to relied upon or quoted news sources are here:
https://www.koat.com/article/albuquerque-police-officer-guilty-dwi-scandal/64278097
https://www.kob.com/new-mexico/former-apd-officer-takes-plea-deal-in-dwi-deception-investigation/
https://www.abqjournal.com/article_f236baaa-366e-415c-af73-da108c28fa86.html
CHIEF U.S. DISTRICT JUDGE KENNETH GONZALES DISBARS THOMAS CLEAR III
On March 20, Chief U.S. District Judge Kenneth Gonzales issued a court order that permanently disbarred Thomas Clear III from practicing law in all federal courts in the United States. The court order filed in U.S. District Court by Judge Gonzales states in part:
“The Court subsequently notified Mr. Clear that it appears that disbarment is the appropriate discipline in this case due to the nature of Mr. Clear’s conduct.”
Federal District Judge Gonzales previously asked Clear to “Show Cause” as to why he shouldn’t be disbarred after he pleaded guilty to bribery, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. In response, Clear waived his right to a hearing on the matter and said he “does not object to being disbarred for the conduct set forth in his plea agreement.”
On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion and admitting he was the primary principle behind the DWI Enterprise to pay bribes to law enforcement for the dismissal of DWI cases. Clear admitted to running the racketeering scheme for decades, bribing APD officers, BCSO Deputies and State Police Officers in order to have the cases dismissed. Four APD officers and one BCSO Deputy have admitted to taking bribes to miss hearings resulting in the cases being dismissed. Clear faces up to 130 years in prison and $2 million in fines. The New Mexico Supreme Court has also disbarred Clear from the practice of law
The link to the relied upon news source is here:
https://www.abqjournal.com/news/article_41a485fe-db9e-4ac1-bb63-887adfa3b1e4.html
NEW MEXICO SUPREME COURT SUSPENDS ATTORNEY RUDOLPH “RUDY” CHAVEZ
On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez over allegations linking him to the ongoing federal bribery and conspiracy case to dismiss DWI cases by Albuquerque Police, Bernalillo County Sheriff Deputies and State Police Officers. The court set an April 7 hearing to listen to oral arguments on a petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from the practice of law. Chavez has not been criminally charged.
https://www.abqjournal.com/news/article_f3f71a74-0449-11f0-a674-1fa91ae82bad.html
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.
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, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so 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 or aggravated 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 the fourth offense, misdemeanor or felony DWI, while there is no charge if a person qualifies and is defended by the Public Defender’s Office.
DWI ENTERPRISE CORRUPTION SCORE CARD
The corruption score card thus far is as follows:
- Eighteen law enforcement officers consisting of fourteen APD Officers, three BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
- Four APD officers and one BCSO Deputy have plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face 20 years or between 70 to 130 years in prison.
- Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.
- Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez has been temporarily suspended from the practice of law by the New Mexico Supreme Court.
COMMENTARY AND ANALYSIS
It is only a matter of time before others are implicated and those identified are charged.
There is 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 to the core with law enforcement officers from the state’s three largest law enforcement agencies of APD, BCSO and NMSP being involved.
The only way that any semblance of faith will be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers and the lawyers involved in this scandal are held accountable for what they have done.