Friday, April 13, 2012
It's NOT What's for Dinner
Thursday, March 29, 2012
Positive Things That Came Out of the Block, Jr. Case
Our investigators and prosecutors did their jobs well. Block pled guilty to two (2) separate embezzlement charges; fraudulent use of a credit card; theft of identity; violation of the state Election Code, Campaign Reporting Act, and Voter Action Act; and conspiracy to commit violation of the Election Code. As I told reporters after the court proceeding, the Attorney General’s Office does not control sentencing.
Let’s not forget the significant positive things that came out of this prosecution and subsequent plea agreement. At our insistence, Block, Jr. resigned his $90,000 a year post of the Public Regulation Commission and also agreed never to seek public office again. The agreement also saved about a million dollars in expected costs for impeachment proceedings in the legislature that became unnecessary as a result.
Leaving the courthouse in Santa Fe yesterday I overheard a conversation in which one person asked, “Does this mean a public official can steal money from the public, violate election laws, and then get off because he claims he’s a drug addict?”
Monday, March 26, 2012
New Website for AGO
Tuesday, March 13, 2012
AG Opinion on Appointed NM Probate Judges
Earlier this month Attorney General King issued a formal Opinion on appointment questions involving probate judges; questions that have persisted for almost 90 years in New Mexico. The following is text from an AGO news release regarding the Opinion:
Probate Judges Must Run in Next Election After Appointment
AG Opinion Suggests That Legislature Could Clear Up Appointment Issues
(SANTA FE)---Attorney General Gary King says any individual appointed to replace a probate judge who was in the first year of a four-year term does not finish the original office-holder’s term and must run in the first general election following appointment if the appointee wishes to continue to hold the position.
The AG Opinion is in response to a request from NM State Senator John Sapien, of Corrales, who asked, “Does a person appointed to replace a county probate judge who passed away during the first year of her four-year term finish the original office-holder’s term in office?”
Senator Sapien also asked, “If the appointee must run for the office prior to the expiration of the original office-holder’s term in office, must he run in the primary and general election?” The response: The appointed probate judge is subject to all of the normal legal requirements of any candidate running for that office and therefore must comply with the applicable provisions of the Election Code.
Additionally, the Senator asked, “If the appointee must run for the office in the next election cycle and wins, must he run again two years later when the original office-holder’s term would have expired?” The response: If the appointed probate judge is elected in the next election cycle, the appointee must run again two years later when the original term expires.
In closing, the AG Opinion states: The core issues raised here are, admittedly, difficult ones that require thoughtful contemplation. We note, again, that the basic advice of the Attorney General has not changed regarding these issues since 1924 and that the legislature has not changed the applicable law during that time. Perhaps the best course to eliminate future debate is for the legislature to address the issues and amend relevant statutes in order to clearly reflect legislative intent.
Wednesday, February 22, 2012
Passengers Liable in DWI Fatalities? Lovato case.
Friday, February 10, 2012
AG Secures Two Legal Settlements to Help New Mexico Families
- $1 million for the State Financial Institutions Division.New Mexico borrowers will benefit from approximately:
- $63 million in homeowner relief through loan term modifications, principal reduction, and other direct relief.
- $12.5 million for refinancing for borrowers who are underwater and current on loans.
- $16 million for state payments designated to:
b)---Payments for state foreclosure prevention efforts, homeowner hotline, outreach and housing counseling [$11.7 million].
Mortgage servicer phone numbers for their customers who want to inquire about the settlement:
BofA: 1-877-488-7814
Citi: 1-866-272-4749
Chase: 1-866-372-6901
GMAC: 1-800-766-4622
Wells Fargo: 1-800-288-3212
More information will be made available as the settlement programs are implemented. For more New Mexico information on the proposed agreement:
New Mexico Attorney General’s Office: 1-800-678-1508
Information Form for NM Homeowners: nmag.gov
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INFORMATION for Investors in New Mexico 529 College Savings Programs operated by OppenheimerFunds.
Late last week Attorney General King announced that another settlement, negotiated in part by his office, has begun returning money lost by NM account holders.
In 2009 AG King began the investigation into losses related to the New Mexico 529 savings plans, along with the AGs of several other states. A settlement was reached in mid-2010 that provided New Mexico more than $67 million that was to be distributed by the state Education Trust Board. Subsequently, several separate lawsuits were filed by NM 529 plan investors that held up distribution of the settlement monies until now.
The good news is that account holders will be receiving their money as early as next month, depending on when the account holders send in their releases.
Notices to affected investors have begun to go out, accompanied by a release letter. Once those release letters are returned, the families will receive distribution funds via one of three approved methods within 40 days.
VERY IMPORTANT INFORMATION: For account holders who still have open accounts, their share will be placed into their accounts after receipt and processing of their release letter, which is being distributed with notice of the settlement. For account holders who have closed their accounts, they may choose one of three methods: (1) by re-opening a closed New Mexico 529 account; (2) by direct rollover to a qualified 529 Plan account that designated by the account holder; or (3) by check mailed directly to the account holder.
Wednesday, December 21, 2011
Attorney General’s Office Proposed Legislation for 2012
Under the category Ethics & Campaign Finance Reform, one of the bills for consideration is called “Electioneering Communications Contributions Disclosures,” previously HB 491. This bill creates campaign disclosure requirements for third parties that campaign for or against political candidates. Given recent U. S. Supreme Court decisions expanding the rights of corporations and others to engage in "electioneering", our laws should at least provide for full disclosure of where all the money is coming from.
Under the category of Civil-General Fund Recoveries; one bill addresses complicated tobacco settlement payments to the state and another deals with fraud against taxpayers. The bill we call the “Cigarette Stamp to Determine Escrow Payments,” previously SB 397, seeks to level the playing field for all cigarette manufacturers by requiring that they all pay their fair share of the health care costs their products cause in New Mexico. Representative Gail Chasey, who co-chairs the Tobacco Settlement Revenue Oversight Committee, has gone on record saying, “It is estimated that an additional $7.5 million annually would be available to the state under Senate Bill 397. That additional money could help a lot of New Mexicans who suffer from smoking related diseases.” A similar measure was vetoed last session by the Governor but we are encouraging her to reconsider this time around. And the “Fraud Against Taxpayers Act Revisions” bill, previously HB 314, amends current law to enable the Attorney General’s Office to expedite litigation in cases where the State has been defrauded.
Two of our Consumer Protection bills will be back for consideration by Legislators. The first is the Mortgage Fair Foreclosure Act, SB 1; Senator Michael Sanchez has once again agreed to sponsor our bill, which is an attempt to reform foreclosure procedures in New Mexico. The bill states, “The legislature finds it to be the public policy of New Mexico that homeowners should be given reasonable notice of the fact of and basis for an alleged default on their mortgage, apprised of all loss mitigation methods available to them in connection with their home loans prior to the loss of their home and afforded a meaningful opportunity to participate in loss mitigation to prevent the loss of homeownership.” UNM Professor Nathalie Martin has stated that in 2008, New Mexico was 36th in the nation for the number of foreclosures...now it is 11th in the nation. Currently, she says, one in every 452 Santa Fe homes and one in every 550 Albuquerque homes is in foreclosure, and about 15,000 cases are filed each year, about half in Albuquerque.
The bill we call “Regulations on Certain Loans,” previously SB 305, would address predatory lending practices involving small loans that continue to plague low income New Mexicans, many of whom are often victimized by exorbitant interest rates and never ending rollovers of their original small loan. These types of loans are clearly designed to circumvent current payday loan regulations.
Another bill creates alternatives for allowing criminal defense counsel to view child pornography without having to duplicate the images. The bill will also help protect victims of sexual exploitation from being re-victimized.
We are again pushing for the proposed “Local Option Liquor Tax”...an effort to address alcohol abuse by allowing all State counties to have the authority to ask voters to approve alcohol tax increases to pay for substance abuse programs. McKinley County, the only county granted the local option, has successfully used the voter-approved authority for 20 years to pay for alcohol abuse programs.
And we continue to advocate for legislation that allows minors to seek temporary restraining orders against boyfriends and girlfriends who engage in domestic violence against them.
Writing and proposing legislation designed to protect New Mexico families is a major priority for AG King’s administration and we will continue with our determination and tenacity to work for passage of these important legislative measures.