Feds seek forfeiture of law office over lawyer's alleged role in 'DWI Enterprise'
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The federal government is seeking forfeiture of an Albuquerque, New Mexico, law office allegedly used by a lawyer to launder money in a “DWI Enterprise.” (Image from Shutterstock)
Updated: The federal government is seeking forfeiture of an Albuquerque, New Mexico, law office allegedly used by a lawyer to launder money in a “DWI Enterprise.”
Federal prosecutors in Albuquerque filed a forfeiture complaint Friday to seize the law office of Thomas Clear III in an alleged DWI scheme involving the lawyer, his paralegal and police officers working for three different agencies, KRQE reports. The FBI raided the law office last month, the Albuquerque Journal reports.
A plea agreement filed in the case against the paralegal, Ricardo Mendez, said law enforcement officers referred DWI cases to a co-conspirator and Mendez in exchange for payments and other benefits for themselves. Mendez and the co-conspirator sought cash retainers, scheduled hearings in a way to ensure that the officers would not be there, and then sought dismissal of the charges because of the nonappearance, the plea agreement said.
The Albuquerque Police Department had the most officers participating in the conspiracy, according to the plea agreement.
Mendez agreed to plead guilty to an eight-count indictment alleging racketeering conspiracy, bribery, aiding and abetting, and extortion, KOAT reports (here and here).
Clear was named as part of the alleged enterprise in the forfeiture complaint, according to KRQE. On Wednesday, he pleaded guilty to bribery, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion, the Albuquerque Journal reports. He did not immediately respond to an ABA Journal request for comment sent before the plea to an email addresses listed online by the State Bar of New Mexico.
Clear changed his bar status to inactive Jan. 24, KOAT reports. On Jan. 29, the federal court for the District of New Mexico asked Clear to show cause why he should not be disciplined after noting two news articles that “suggest that Mr. Clear may have been involved with the DWI scheme.” The New Mexico Supreme Court issued a similar order to show cause on Feb. 3 that cited the allegations in the federal order.
Clear has also resigned as chairman of the New Mexico Public Defender Commission, which oversees the state public defender.
An analysis by the Albuquerque Journal found that the dismissal rate for Clear’s DWI clients “nearly doubled when the cases were filed by a select group of DWI officers with the Albuquerque Police Department.” The newspaper’s analysis considered cases dating back more than a decade.
Updated Feb. 12 at 8:30 a.m. to report that federal prosecutors are seeking forfeiture of the property. Updated Feb. 13 at 8:36 a.m. to report on Thomas Clear III’s guilty plea.
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