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FBI placed wiretaps on DWI officers’ phones

Calls, texts show conspirators worried someone was clued into the sprawling bribery scheme

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In the call, prominent attorney Thomas Clear III, his paralegal Ricardo “Rick” Mendez and Albuquerque police DWI officer Honorio Alba spit-balled nervously. They sought a reasonable explanation after the District Attorney’s Office dismissed DWI cases for Alba and three other officers, without explanation.

A 2015 photo of defense attorney Thomas Clear III.

“These aren’t new cases… what are they doing?” Clear asked. Alba replied, “That’s what we’re trying to figure out… the hard part is I don’t know if (they’re) playing stupid but I tried asking.”

It was only the most recent red flag for the group — engaged in a yearslong scheme to take bribes to get DWI cases dismissed — which had repeatedly discussed and brushed away signs that they were being investigated for months, even suggestions from Clear himself.

In many of those calls and texts, the FBI was listening.

Less than a week after the three-way call, on Jan. 18, 2024, agents raided Clear’s office and the homes of Mendez, Alba, and officers Joshua Montaño, Harvey Johnson and Nelson Ortiz.

In the two years since, federal prosecutors have secured guilty pleas from Clear, Mendez, Albuquerque attorney Rudy Chavez, nine Albuquerque Police Department officers and one Bernalillo County sheriff’s 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.

No further filings have been made in online court records, and it is unclear where the case stands. 

The newest development: the FBI tapped the major players’ phones. 

Recently unsealed search warrant affidavits detail calls and texts among the group, showing they continued the extortion and bribery as the snare tightened around them. Even after a civilian complaint was filed then squashed against Alba and prosecutors began asking for doctor’s notes for missed hearings. Even after trust began to erode in their front man, Clear.

In one recorded call, Alba and Mendez spoke of putting a tail on Clear or tracking devices on his vehicle. They spoke of finding something to blackmail him with to keep quiet, believing he would “roll over” on the entire criminal conspiracy. 

Alba told Mendez, “We all know that (expletive) Tom’s not stand up, bro, he’s not going to stare down the (expletive) barrel of a gun anytime soon.”

According to federal search warrant affidavits filed in U.S. District Court for New Mexico:

The FBI’s investigation began in earnest in the fall of 2023, despite previous unheeded tips from local attorneys. The case picked up steam after the agency recruited a DWI suspect “motivated to work with the FBI out of a desire to see justice served.”

At the behest of agents, the suspect-turned-confidential witness arranged a bribe with Mendez to have his case dismissed and then paid $6,500 in agency money. Mendez picked up the money while riding passenger in Alba’s patrol vehicle, who the FBI had already heard suspicions of from a local attorney.

Honorio Alba Jr.

In November, another DWI suspect filed a complaint with the Civilian Police Oversight Agency against Alba, saying the officer told him to call “Rick,” who could ensure no case was filed. The CPOA, unaware of the FBI’s probe, told Alba of the complaint and interviewed him.

Alba and Mendez spoke on the phone repeatedly the following week.

With evidence mounting, a judge granted the FBI a wiretap on Mendez’s phone on Dec. 5, 2023. It didn’t take long to pay off as, one day later, Clear called Mendez to tell him Montaño needed to “figure something out” to miss a hearing for a dismissal.

On Dec. 7, Mendez texted Alba that “Tom” was being suspicious and “called me mysteriously to go meet him somewhere to talk.” Mendez told him Clear didn’t specify where to meet or why, and Alba said he didn’t trust Clear. If it were him, Alba said, he would be doing “countersurveillance.”

The men discussed whether Clear was worried about the CPOA complaint against Alba while Mendez wondered about being fired. Alba said he and the others are “not (expletive) playing ball” without Mendez.

“I consider Tom too much of a liability to do business with him,” he said, later adding, “Hopefully Tom isn’t stupid enough to … (expletive) up business though, bro.”

In the call, Alba suggested Mendez use “leverage” against Clear or find something to blackmail him.

“Does he realize … there’s too much stuff for him to play innocent?” Alba said, expressing that Clear “would roll over” under any investigation. Alba asked Mendez if he wanted to have Clear followed or place trackers or audio devices on his vehicle.

Mendez wondered if Clear found out they were taking bribes to get cases dismissed without his help, adding “that’s the only thing he’s been a crybaby about.” The pair wondered if any suspects who paid bribes would complain.

“That’d be like somebody gave you a (expletive) winning lottery ticket and then you go (expletive) the person over,” Alba said. 

Later that day on Dec. 7, to protect the FBI investigation, APD’s Internal Affairs sent a letter to Alba saying the complaint was closed. Alba sent a photo of the letter to Mendez in a text message. Mendez told Alba that Clear had also sent him a message: “All is good.”

The pair spoke of how Clear would know it was dismissed before anyone else.

Mendez then gloated of his contribution to Clear’s firm and how, before he joined, Clear charged $1,300 per DWI. Mendez said he jumped it up to $3,000, then $5,000 and $6,000.

“You can’t tell me (expletive) Tom didn’t like seeing that sort of cash on the table,” Alba said. Mendez replied, “Of course he loves it, he loves it.”

As the case expanded, so did the wire taps.

Joshua Montaño

On Dec. 18, 2023, Alba and Montaño in a call spoke of the sergeant requiring DWI officers to book suspects and not allowing the issuance of summons, a key part of the DWI scheme. The pair wondered if people were talking about the operation. 

“Because, honestly you can do almost whatever you want in this unit, bro. But if you don’t broadcast it, if you don’t tell the whole world,” Alba said. Montaño replied, “Well that sucks dude because now it destroys the whole (expletive) system.”

Alba then shared more bad news: Mendez and Clear were “butting heads.” He said, “they always have issues like lover’s quarrels, bro.”

On Dec. 21, 2023, Mendez told Alba that Clear thought he was being set up in court after a public defender brought up that Montaño gave a DWI suspect’s bracelet to Mendez. Mendez told Alba that Clear was worried the FBI was “listening at the office and monitoring our phones.”

Mendez was unconcerned, adding, “I’m like, ‘You’re retarded.’” Alba replied. “Let’s be real… if they’re monitoring phones, that’s the least of anyone’s (expletive) concerns.”

The group hit another snag in early January 2024, when prosecutors insisted on a doctor’s note if an officer was going to miss a hearing, another crucial aspect to the scheme. In a call, a prosecutor asked Alba for verification of a doctor visit he had to take his father to.

On Jan. 10, Alba talked to the prosecutor again, telling them he vomited all over himself and couldn’t drive his father to the doctor, blaming McDonald’s Hot ‘n Spicy sandwich.

“I’m running a fever right now. I don’t even know if I can go to the courtroom,” Alba said. Later, Mendez called to tell Alba that prosecutors “told Tom trial is still on.”

“I dont know how, I called in,” Alba said. He later called Johnson to share an old “scam” he used: a monthly membership to a local chiropractor who would write a note on day’s notice.

Then DWI cases filed by Montaño, Johnson and Alba started being dismissed.

In a phone call, Johnson told Alba, “Dude yesterday and today is just very, very fishy.” The pair discussed how to figure out if anything is going on or if “they have nothing.”

Alba tried to reassure Johnson by mentioning his CPOA complaint that got dismissed. 

“I got a letter sent to IA from the (expletive) district court,” Alba said. “And mine was … case gone.”

On Jan. 12, agents listened in on a call between Clear, Mendez and Alba. 

Alba told the others how the cause for the dismissals is listed, simply, as “in the interest of justice.” He said the prosecutor was “not really wanting to talk.”

Alba said Johnson also tried to ask the reason for the dismissals, but was stonewalled. Clear said, “So they’re looking. I guarantee you they’re looking.”

Clear relayed the story of a hearing where he moved to dismiss a case due to Alba being sick and a prosecutor who appeared to be “taking notes.” 

“I think she wanted to see if I was coming in ready for trial or if I acted like I knew anything,” Clear said. Alba mentioned how the prosecutor was persistent that he get a note.

Clear asked, “So they’re dismissing all the DWI unit’s cases. Is that what they’re doing?” Alba told him it was only cases filed by himself, Johnson and Montaño.

Several days after that conversation, FBI agents would searched the homes of Mendez, Alba, Johnson and Montaño, Clear’s office and the APD substation on Wyoming, near Paseo del Norte, where the officers worked.

At Mendez’s home agents seized TVs, jewelry, clothing, cash, 40 guns, documents and his phone, which appeared to have been set on fire. Inside Clear’s office and the homes of Johnson and Alba, agents found, among other items, other people’s belongings, namely, wallets and driver’s licenses.