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SEC clears Malott, Bland New Mexico drivers feel pinch of rising gas prices Roswell Daily Record
change a lot” because he still faces damage lawsuits by the Investment Council, Malott and Foy. “It is nice to have some conclusion on some of these things. We know we didn’t do anything wrong and at the end of the day you need to move on with life,” said Bland. The March 13 letter to Malott provided no details on the scope of the SEC probe. “This investigation has been completed as to Bruce Malott, against whom we do not intend to recommend any enforcement action by the commission,” wrote Mary S. Brady, assistant regional director of enforcement. Malott resigned from the pension fund gover ning board in 2010 after it was disclosed he borrowed $350,000 from a Richardson political supporter, Anthony Correra, whose son shared in $22 million in finder’s fees from investments by the fund and the Investment Council. The loan was been repaid with interest, according to Malott. Malott and his for mer accounting firm had served as treasurer of Richardson campaign committees. Malott was initially appointed to the pension fund’s gover ning board by for mer Gov. Gary Johnson, a Republican, and he was reappointed by Richardson, a Democrat. Last year, Malott sued Bland and several financial
SANTA FE (AP) — The Securities and Exchange Commission has notified two former New Mexico officials they have been cleared in an investigation of possible wrongdoing in state investments. Former educational pension board chairman Bruce Malott on Thursday released a copy of a letter sent earlier this month from the SEC stating that no enforcement action will be taken against him. Former State Investment Officer Gary Bland and his attor ney confir med that Bland has received two similar letters from the federal agency concerning his role in government investments. The SEC and the U.S. Attorney’s Office have been investigating investments by the State Investment Council and Educational Retirement Board. A lawsuit by the Investment Council contends Bland and others steered investments to political supporters of former Democratic Gov. Bill Richardson. Whistleblower lawsuits by former educational pension fund investment of ficer Frank Foy make similar allegations. Bland has maintained he did nothing wrong and has sued the SIC for damages, contending that the allegations against him have destroyed his reputation and ruined him financially. Bland said he was pleased to receive the SEC letters but “it doesn’t
firms for damages because of an alleged pay-to-play scheme over pension program investments. Malott’s lawyer, Gregg Vance Fallick, continued Thursday to allege wrongdoing by Bland despite the SEC deciding not to prosecute the former investment officer. Fallick said the SEC previously had told him that Malott wouldn’t be prosecuted, and he described the latest SEC letter as “meaningless” if others such as Bland also received them. “The letter doesn’t mean anything. All it means is that the SEC didn’t find anything that it chose to prosecute within its jurisdiction,” Fallick said in a telephone interview. Malott released a copy of an Oct. 27, 2010, letter to him from Fallick that said the U.S. Attorney’s Office in New Mexico “advised me that, based on the extensive investigation conducted by their office and the FBI as authorized representatives of the grand jury, you are not a target of their investigation.” Fallick wrote that Malott was only considered a witness in Justice Department and SEC investigations of investments. Fallick’s letter said the SEC also had advised him “there is no basis to bring any adverse action against you.” A spokeswoman for the U.S. Attorney’s Office did not have an immediate comment when asked about Fallick’s letter.
Judge issues ruling in fight over New Mexico hunting law ALBUQUERQUE (AP) — A federal judge on Thursday sided partly with a group of outfitters from four Western states who complained their constitutional rights to conduct business in New Mexico were being upended by changes to the state’s hunting draw. The outfitters had asked U.S. District Judge Christina Armijo to issue an injunction and temporary restraining order to keep New Mexico’s law from taking effect. The outfitters are challenging language that specifies 10 percent of hunting tags awarded through New Mexico’s annual big game draw would go to those hunters who hired New Mexicobased outfitters. Before the law was changed last year, an outfitter’s location didn’t matter. “This is brand new and that’s why we challenged it,” said Albuquerque attorney B.J. Crow, who is representing the plaintiffs. “Basically, it was excluding any out-of-state outfitter from doing business in New Mexico, which is unconstitutional.” Armijo ruled that the plaintiffs who operate as individual outfitters or sole proprietors would be eligible for the 10 percent
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pool for this year’s draw. The plaintiffs include outfitters from Arizona, Colorado, Wyoming and Washington. Armijo has yet to make a final determination on whether New Mexico’s statute is constitutional. Crow said the case could take up to five months, and the outcome could affect countless out-ofstate outfitters as well as hunters. Jeremy Vesbach, director of the New Mexico Wildlife Federation, said he was relieved the judge’s order keeps intact for the next draw new quotas established by the statute. The law spells out how many New Mexico residents, non-residents and outfitters can be awarded hunting tags through the draw system. Tens of thousands of hunting licenses are sold in the state every year, and a portion of those are doled out through the draw by the state Game and Fish Department. The quota system was changed last year after some sportsmen fought to ensure in-state hunters received a larger portion of the hunting tags. On average, New Mexico had the lowest preference for resident hunters — less than 80 percent — of any state in the Rocky Moun-
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tain region. “We essentially are caught in the crossfire here and the question was do we dodge a bullet or not,” Vesbach said. “I’m just relieved. The judge spent a lot of time on this and I think she came up with something that really minimized the overall disruption and kept folks like us from getting harmed.” Hunting, guiding and outfitting are part of a big business in New Mexico, where rural communities depend on money spent by outdoor enthusiasts. Studies have shown hunting, fishing, and outdoor recreation annually contribute billions of dollars to the state’s economy. Crow said if his clients weren’t allowed to do business in New Mexico this year, it would have meant thousands of dollars of lost revenue for each one. The deadline to apply for this year’s draw is March 28. So far, some 70,000 hunters have applied. “It’s our lifeblood. For those of us who hunt, if we get a tag or not, it’s a huge deal,” Vesbach said. Game Department officials said they still intend on having the draw in early May.
Friday, March 23, 2012
Bernalillo drives to two jobs every day and said the higher prices are creating “a very big problem.” A Gallup poll this month found 85 percent of U.S. adults believe the president and Congress “should take immediate actions to try to control the rising price of gas.” An Associated Press-GfK poll last month showed 71 percent believe gas prices are a “very” or “extremely” important matter. Maestas and Mousel said they’re not surprised the price of a gallon of gas AP Photo has become a campaign Larry Maestas, a Sandoval County rancher and oil and nat- issue. “It’s such a political ural gas worker, fills up his pickup truck in Bernalillo, Mondeal on both sides of the day aisle,” Maestas said. “It’s BERNALILLO (AP) — Mousel of Albuquerque, really hard to say, but I New Mexicans have joined as he pulled the nozzle think the president could those in other states in out of his van Monday. do something about it their irritation over the That was enough to give and I don’t know why he’s rising cost of gasoline. him 1.38 gallons of regu- not trying to do a little more than he is.” With long drives lar unleaded. Mousel pointed to specrequired to get around Larry Maestas, a Santhis expansive state, driv- doval County rancher and ulation and the lack of ers say the prices are oil and natural gas work- domestic energy producstarting to get painful and er, is also feeling the tion as part of the probthey want leaders in pinch. He drives his pick- lem. “The thing is, everybody Washington to do some- up as much as 200 miles thing about it. A gallon of per day. Last year, he is blaming Obama,” he regular unleaded is aver- paid $18,000 in fuel said. “Granted, he’s not aging $3.71 in New Mexi- costs, and he’s afraid this helping but this has been going on since Jimmy co, and it’s higher in rural year will be worse. areas. “I’m hearing that by Carter. Families are reconsid- Memorial Day weekend, it “People say, ‘Well, we ering summer trips, and will probably be about $5 can’t drill. That’s not some businesses plan to a gallon and diesel will be going to help.’ But just charge customers for about $7,” he said. “I’m the threat of drilling, last mileage because they can going to have to go to a time we talked about it, no longer absorb the smaller vehicle, start rid- the Arabs started dropprices. ing my horses or some- ping the prices,” Mousel “Five bucks, that’s all I thing, I guess.” said. “We need to drill. could afford,” said Todd Rogelio Montoya of That’s all there is to it.”
2nd APD shooting sparks probe calls
ALBUQUERQUE (AP) — Activists are renewing their request for a federal probe after Albuquerque police shot and killed a second person within three days. Of ficer Russell Carter fatally shot Gary Atencio on Wednesday after a chase that began when Atencio pulled his car over and began shooting at his wife, state police said. It was the third fatal shooting by Albuquerque police this year and the 18th since 2010. Jewel Hall, president of the Martin Luther King Jr. Memorial Center Board, said this week’s shootings showed that federal authorities need to investigate the department despite changes to training and hiring practices. Those changes were instituted last year in
response to public outcry over the number of shootings, most of which involved Hispanic men. Hall said activists planned to speak to city councilors and plan more protests to renew calls for a federal investigation. The Department of Justice has not made a decision on any possible probe, but state police was looking into the most recent shooting. Mayor Richard Berry said he is open to showing federal of ficials the city’s records to demonstrate how officials have reacted to the shootings. But he vetoed a city council resolution last year requesting a federal investigation. Authorities said Carter shot and killed Atencio on Wednesday near Laguna Pueblo after the police chase. Police Chief Ray
Schultz said Atencio and his wife, Michelle, had stopped their car during an argument about their pending divorce.
Schultz said Atencio got out and began shooting at his wife, who eventually escaped with just a broken wrist. Atencio fled after a security guard spotted the shooting and witnesses called 911. State police said the halfmile chase ended on Interstate 40 after Atencio crashed into a tractor-trailer, fled his vehicle, and led police on a foot pursuit.
Schultz said the officer who shot Atencio is a veteran of the police force who has been involved in “a couple” of officer-involved shootings. The chief didn’t say how many or if any were fatal.