Here are the details of the Metro Court indictments

The indictment of former Senate President Manny Aragon and others alleges a far-reaching scheme to secure money through the legislative process and then steal it from taxpayers.

The alleged conspiracy began in 1999 when the New Mexico Legislature, during a special session, approved $46.5 million for construction of the Metropolitan Courthouse in Bernalillo County. In March, Design Collaborate Southwest, which has since changed its name, was hired to design the facility.

DCSW’s president, Marc Schiff, hired former Albuquerque Mayor Ken Schultz to be its lobbyist.

Over the next several years, according to the indictment, the defendants and those who have entered into plea bargains carried out an elaborate scheme relating to the DCSW contract and a separate contract for electrical wiring. The alleged conspiracy involved creating inflated and false invoices. The extra money paid by the state was then shifted around by the defendants, some of it through businesses, to hide it or attempt to make it appear legitimate.

Schiff, Schultz and contractor Raul Parra have entered into plea agreements. Aragon and three others were indicted today.

In all, the indictment alleges, former Metro Court administrator Toby Martinez and his wife, Sandra, took just over $2 million. Sandra Martinez was allegedly involved by setting up a corporation that was used to move some of the money.

Aragon, the indictment alleges, took $700,000, most of it paid to his law office. He and the other three who have not entered into plea agreements are facing 26 felony counts.

In addition, the Department of Justice wants Aragon to forfeit the money, which has been invested. It wants the Martinezes to forfeit a number of possessions, including $600,000 invested in a hotel and resort in Tennessee and a Lexus.

Though the original appropriation for the courthouse was $46.5 million, the final cost of the facility spiraled to more than $83 million, the indictment states. Of that, the defendants are accused of taking $4.2 million.

Examples

The indictment alleges several instances where DCSW submitted invoices for work done to Toby Martinez, who approved them and authorized the state Department of Finance to make payment. Schiff then gave Schultz the extra money in cash. Schultz kept some for himself and gave some to Toby Martinez. Schiff also gave some to Aragon.

As for the electrical wiring contract, the indictment alleges that contractor Raul Parra subcontracted much of the work to Manuel Guara, a subcontractor. Guara would inflate bids to Parra’s company, and after the money was paid by the state, Guara would give money to Parra. Parra would keep some, and give some to the other defendants.

Parra is alleged to have kept $773,000.

But the indictment singles out Aragon and Toby Martinez as the ringleaders, stating that they did “control and seek to control the actions of their co-conspirators through the real and apparent authority over expenditures of public funds” and their real and perceived authority to select contractors.

As hints of what’s to come during trial, the indictment singles out a $3.6 million legislative appropriation secured by Aragon for audio and visual equipment for the court. It also makes reference to a Dec. 5, 2001 meeting at an Albuquerque restaurant between Aragon, Schiff, Schultz, Toby Martinez and Parra.