NEWS
Records detail FBI moves to ensnare DWI scheme
Undercover witness wore a wire, used FBI money in meetings with paralegal
"You're playing with fire."
That's what Ricardo "Rick" Mendez told a DWI suspect who was running out of time to pay $6,000 to make his case disappear.
The suspect was secretly working with the FBI.
What the agents listening in on the conversation may not have realized was that they had tapped into a sprawling corruption scheme, with police officers and sheriff鈥檚 deputies taking bribes from Mendez and prominent attorney Thomas Clear III to help drunken-driving suspects avoid prosecution.
Newly unsealed federal search warrant affidavits provide the first look at how the FBI鈥檚 multiyear investigation began in the fall of 2023. The records also show how the racketeering and extortion case was nearly derailed before any arrests were made.
While many aspects of the case have become public, the documents unsealed in U.S. District Court in sa国际传媒官网网页入口 last week mark the first disclosure that the FBI recruited a DWI suspect to gather evidence, tapped phone lines and even supplied money that was later handed to Mendez as part of the investigation.
When the DWI suspect began cooperating with the FBI, agents described him as being 鈥渕otivated to work with the FBI out of a desire to see justice served.鈥
In the more than two years since the corruption case came to light in January 2024, federal prosecutors have secured guilty pleas from Clear, Mendez, sa国际传媒官网网页入口 attorney Rudy Chavez, nine sa国际传媒官网网页入口 Police Department officers and one Bernalillo County sheriff鈥檚 deputy.
Other law enforcement officers, including one from the New Mexico State Police, have either been fired or retired. None have gone to trial, and all 13 defendants prosecuted on racketeering- and extortion-related charges are awaiting sentencing.
The last person to be indicted was former APD DWI officer Justin Hunt, who pleaded guilty in January.
Mendez was the first person indicted in the case, in January 2025. He was scheduled to be sentenced April 29, 2025, but on Feb. 24, 2025, the judge granted a motion allowing him to travel outside the country.
No further developments have been filed in online court records, and it is unclear where the case stands or whether Mendez has returned to the United States. Mendez鈥檚 attorney did not respond to a phone call or message seeking comment Saturday.
The documents unsealed last week also detail what agents found when they searched Mendez鈥檚 home and storage unit, a wall safe in Clear鈥檚 law office and several police vehicles used by officers suspected in the scheme.
At Mendez鈥檚 home, agents found about 40 firearms, including handguns, assault-style rifles and collector鈥檚 items such as a 1927 Thompson submachine gun with a drum magazine. Agents documented seizing nothing from the storage unit or wall safe. They also seized phones and a thumb drive found in patrol vehicles assigned to Nelson Ortiz, Harvey Johnson and Honorio Alba, who have all pleaded guilty in the case.
Undercover work
One of the FBI鈥檚 most valuable assets was an sa国际传媒官网网页入口 man who ran out of gas near Coors Boulevard the night of Aug. 25, 2023. His subsequent DWI arrest by Joshua Monta帽o launched the monthslong investigation that ultimately helped expose the criminal enterprise.
According to a search warrant affidavit unsealed Wednesday:
At a meeting three days after his arrest in the parking lot of a Freddy鈥檚 Frozen Custard & Steakburgers, the unidentified suspect learned that Mendez had possession of the driver鈥檚 license Monta帽o had confiscated during the arrest.
Mendez told the suspect he could make the charges disappear and return the license if the man paid him $6,000 in cash. The suspect later told a friend about the encounter, and 鈥渂oth agreed the situation was weird.鈥
The man called the FBI on Sept. 1. Four days later, he participated in a recorded call with Mendez while in the presence of FBI agents. Mendez chastised him for not calling sooner, saying, 鈥淚 mean we can still beat it but you鈥檙e gonna wind up paying more now.鈥
Hours later, the man called Mendez again, telling him he believed he could get the full amount but asked, 鈥淗ow am I going to be sure this is just gonna go away?鈥
鈥淲hat has happened since when I met you?鈥 Mendez asked.
鈥淯h, nothing so far,鈥 the man replied.
鈥淓xactly,鈥 Mendez said.
The man, now a confidential FBI witness, then asked whether he could pay part of the money immediately and the rest later.
鈥淚 said you鈥檙e playing with fire,鈥 Mendez replied. 鈥淏e careful. It鈥檚 not in my control.鈥
No money changed hands at that time, and Monta帽o filed the DWI charge Sept. 11, 2023. Weeks later, on Oct. 6, the FBI asked the witness to call Mendez about paying the bribe.
鈥淵ou shouldn鈥檛 have procrastinated. Now it鈥檚 gonna cost you twice as much,鈥 Mendez said.
By then, the case was moving through the court system.
鈥淚 mean you could go to any attorney in the state and nobody鈥檚 gonna guarantee you off,鈥 Mendez said.
鈥淭hey can鈥檛,鈥 he added.
鈥淎nd you can guarantee?鈥 the witness asked.
鈥淭his is what we do,鈥 Mendez replied.
On Nov. 2, the witness gave $6,500 in FBI-provided cash to Mendez at Clear鈥檚 law office in the Northeast Heights. Mendez instructed him to go to the state Motor Vehicle Division and falsely report that he had lost his driver鈥檚 license in order to obtain a replacement.
Later that evening, the witness unexpectedly called FBI agents. Mendez had contacted him and demanded that he return to the law office and retrieve the money. According to the affidavit, Mendez said someone had told him the witness was investigating him and that he wanted to return the 鈥渆xtortion money.鈥
Agents identified calls between Mendez and Monta帽o between the cash drop and Mendez鈥檚 phone call and suspected the two had discussed a possible investigation.
On Nov. 4, while wearing a wire and under FBI surveillance, the witness met Mendez in the same Freddy鈥檚 parking lot. Agents watched as a marked APD DWI unit arrived and Mendez exited from the front passenger seat.
Mendez told the witness he had heard the man was 鈥渢alking about him with other attorneys鈥 but said he could still help him avoid the DWI charge. Mendez offered to keep the $6,500 and continue helping him, but emphasized that he needed to be able to 鈥渢rust鈥 him and warned him not to 鈥渂ad mouth鈥 him.
Mendez left in the APD unit. Later, FBI agents drove by his South Valley home and saw the same patrol vehicle parked outside. The witness later told investigators he was 85% certain the driver was DWI officer Honorio Alba.
The FBI was already aware of Alba鈥檚 potential involvement because, several months earlier, in July 2023, an attorney contacted the U.S. Attorney鈥檚 Office in New Mexico with allegations about a similar scheme.
The attorney said a client had been arrested by APD but was never formally charged with DWI. The client later received a call from Mendez, who allegedly demanded $10,000 in cash to ensure no charges would be filed.
The attorney said a second client reported a similar experience, with Mendez seeking $7,000. That client did not retain the attorney, and no charges were filed.
The attorney later confronted Clear about the allegations.
鈥淎ccording to (the attorney), Thomas Clear acted shocked and said, 鈥業 have no idea what you are talking about,鈥欌 the affidavit states.
鈥(The attorney) told Thomas Clear to 鈥榩ut a stop to it鈥 and that Thomas Clear鈥檚 plausible deniability was gone because he was putting Thomas Clear on notice.鈥