Friday, April 13, 2012

It's NOT What's for Dinner

Horse meat for human consumption? The idea is repugnant to every individual I have spoken to in the last few days, not one person could even fathom the prospect. Yet, a meat company in Roswell has applied to the U.S.D.A. for a permit to begin slaughtering horses, ostensibly in hopes of expanding their business.

Attorney General King is strongly against the plan to begin butchering horses. The latest news about horses in New Mexico comes on the heels of other negative accounts about the state's horse racing industry and a horse auction facility where some horses were found to be horribly suffering from injury and malnutrition.

News of the horse slaughtering plan spread rapidly throughout New Mexico and today is a national story. Please follow the link below.

Thursday, March 29, 2012

Positive Things That Came Out of the Block, Jr. Case

No surprise that the AGO is disappointed in the sentence handed down to Jerome Block, Jr. His punishment amounted to probation, get a job, keep up with child support payments, don’t even think about getting off probation early, and don’t forget to pay back taxpayers all the money that was embezzled.

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

A new look and new functionality is coming to the Attorney General's website in the next few days. The website will offer important information and resources for New Mexicans as well as provide an in-depth look into the structure and function of the AG's office. Our aim is to improve the website's usefulness to visitors and make it easier to navigate for all users. We expect to continually update and improve functionality so that all webpages contain the latest information.

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.

The Alfred Lovato case has, at least temporarily, focused attention on the legal theory of accessory liability. Right now, public enthusiasm for holding passengers responsible ranges from lukewarm to adamantly against. Attorney General King is very clear about his stance in this case.

“Our perspective on what happened is straightforward---two adult men decided they were going to get stinking drunk together; both decided they should drive despite being severely impaired; then they stopped to get snacks together; and both were in the car when they struck and killed a pedestrian. We are disappointed that the judge did not let the jury deliberate on our evidence because we believe they would have agreed with us that both men are responsible for William Tenorio’s death that tragic evening in Santa Fe," said Attorney General King. He added, “It is never a waste of time and resources to try to get justice for a man who was run over and killed by a couple of drunks.”

Lovato's acquittal on all charges is understandable but not discouraging to those who continue the fight against drunk driving in New Mexico. Why? One need only look back at our state's progress over the years to see and understand that most people's acceptance and behaviors concerning DWI have changed, albeit slowly.

In 1987 it was still legal to drive anywhere in the state with a cold beer in your lap until our 'open container' law was passed by the legislature. The public outcry contained statements like, "Hard working folks deserve a chance to unwind with a brewski on their way home..what's wrong with that?" Then in the 1990s, drive-up liquor sales were banned statewide, even though the citizens of McKinley County had the sense to ban them much earlier. Before that happened, some people measured how long it would take to drive somewhere in New Mexico by how many stops it would require to buy more booze or by how many beers they could consume along the way. Example: "Let's see...Albuquerque to Farmington? That's at least a twelve pack."

Today, more people than ever utilize a 'designated driver' or decide not to drink alcohol if they plan to drive a vehicle. DWI fatalities have steadily been dropping and driving drunk has increasingly become socially unacceptable. In short, New Mexico's acceptance of DWI has dwindled while behaviors that used to lead to DWI have changed. That is good news and something to build on for those who have consistently been working to keep our streets and highways safer for all New Mexicans.


Friday, February 10, 2012

AG Secures Two Legal Settlements to Help New Mexico Families

Attorney General Gary King officially signed New Mexico on to a landmark agreement with the nation's largest mortgage servicers to address New Mexico foreclosure abuses and fraudulent practices. The settlement provides real relief to affected New Mexico borrowers and eliminates many of the unfair practices that contributed to mortgage-related financial losses in our. The agreement does not grant any immunity from related criminal offenses and will not prevent potential New Mexico criminal prosecutions in the future. Additionally, the pact does not prevent homeowners or investors from pursuing individual, institutional, or class action civil cases against the five servicers; Bank of America, Citi, JP Morgan Chase, Ally (GMAC), and Wells Fargo.

  • $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:
a)---Payments to borrowers for mortgage servicing abuse [$4.5 million].
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

Attorney General King is asking the Governor to allow a number of important pieces of legislation onto the agenda for the upcoming legislative session. The list is comprised of bills that, for one reason or another, did not get heard or acted upon during the previous session. Here are a few of our proposals.

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.