Officers plead guilty in DWI police corruption probe in Albuquerque, NM
U.S. Court News
Two former Albuquerque police officers pleaded guilty Friday to federal charges of racketeering, extortion and accepting bribes in a sweeping corruption investigation into a scheme that allegedly allowed people arrested for driving while intoxicated to evade conviction, according to court records.
The former officers worked under the Albuquerque Police Department’s driving while intoxicated unit and acknowledged conspiring with attorney Ricardo Mendez in a yearslong scheme. Federal investigators say that Mendez’s law firm offered gifts and thousands of dollars in bribes to officers in exchange for having his clients’ cases dismissed.
Officers Joshua Montaño and Honorio Alba signed agreements to plead guilty and cooperate with investigators in exchange for leniency on charges that might otherwise result in lengthy prison sentences. Attorneys for Montaño and Alba did not immediately respond to phone and email messages.
Mendez last month pleaded guilty to a slew of federal charges that include racketeering and bribery.
Clients would pay Mendez or his associate an attorney retainer fee in cash, court records said. Then Mendez would pay officers in cash — $5,000 or more — or in the form of gifts or legal services to not appear in court as a necessary witness to the driving incident, resulting in the dismissal of the case.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.