{"id":26483,"date":"2011-02-24T09:25:38","date_gmt":"2011-02-24T16:25:38","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=26483"},"modified":"2011-02-24T22:11:36","modified_gmt":"2011-02-25T05:11:36","slug":"audit-reveals-more-housing-authority-problems","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2011\/02\/audit-reveals-more-housing-authority-problems\/","title":{"rendered":"Audit reveals more housing authority problems"},"content":{"rendered":"<div id=\"attachment_8844\"  class=\"wp-caption module image alignright\" style=\"max-width: 250px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-8844\" title=\"Balderas, Hector\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2009\/11\/Balderas-Hector.jpg\" alt=\"\" width=\"250\" height=\"234\" \/><\/a><p class=\"wp-caption-text\">State Auditor Hector Balderas<\/p><\/div>\n<h4>Balderas says board members, employees were using agency money \u2018as their own private ATM cash machine;\u2019 King says he\u2019s still reviewing January 2009 report<\/h4>\n<p>State Auditor <a href=\"http:\/\/www.saonm.org\/about-hector-balderas\" target=\"_blank\">Hector Balderas<\/a> has made public <a href=\"http:\/\/nmpolitics.net\/Documents\/OSAHousingAuthorityAudit2.pdf\" target=\"_blank\">a January 2009 special audit<\/a> of the Region III Housing Authority that identified \u201cconsiderable violations\u201d of the state per diem law and other problems.<\/p>\n<p>Those violations by Region III and a related entity, Housing Enterprises, Inc. (HEI), include board members collecting per diem \u201cwhen official meetings did not take place,\u201d collecting per diem beyond what is allowed by law and collecting it twice for attending meetings held on the same day and in the same place.<\/p>\n<p>Other questionable expenses include Region III paying for the wives of two former employees currently under indictment to travel with their husbands to Las Vegas, Nevada, even though auditors found \u201cno evidence\u201d that the trip benefited or was \u201crelated to the mission of\u201d Region III.<\/p>\n<p>It\u2019s difficult to calculate exactly how much misused money is identified in the audit, which looked at expenses from 2005 and 2006, but it appears to be in the range of tens of thousands of dollars.<\/p>\n<p>\u201cMembers were using these funds as their own private ATM cash machine,\u201d State Auditor Hector Balderas told NMPolitics.net. He called that \u201cthe final insult\u201d in a scandal that already includes indictments against four people.<\/p>\n<p>You can read the full audit <a href=\"http:\/\/nmpolitics.net\/Documents\/OSAHousingAuthorityAudit2.pdf\" target=\"_blank\">here<\/a>.<\/p>\n<h3>AG is \u2018reviewing the document\u2019<\/h3>\n<div id=\"attachment_22485\"  class=\"wp-caption module image alignright\" style=\"max-width: 120px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-22485\" title=\"King, Gary\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2010\/10\/King-Gary.jpg\" alt=\"\" width=\"120\" height=\"160\" \/><\/a><p class=\"wp-caption-text\">Gary King<\/p><\/div>\n<p>Many of the issues identified in the newly released audit haven\u2019t been made public before and aren\u2019t part of the criminal case Attorney General <a href=\"http:\/\/nmag.gov\/office\/Divisions\/EO\/kingbio.aspx\">Gary King<\/a> has brought against former employees accused of fraud, money laundering and other felonies.<\/p>\n<p>The issues that led to King\u2019s indictments of former employees of the Albuquerque-based Region III authority \u2013 Director Vincent \u201cSmiley\u201d Gallegos, accountant Dennis M. Kennedy, bond attorney Robert Strumor and attorney David N. Hernandez \u2013 led to the collapse of much of the state\u2019s affordable housing system in 2006 and reform to try to clean up the mess.<\/p>\n<p>Gallegos, Strumor and Kennedy are facing the fraud and money laundering charges. Hernandez faces a felony charge of tampering with evidence. All have pleaded not guilty. (Read a primer on the housing authority scandal <a href=\"http:\/\/www.nmpolitics.net\/index\/2009\/06\/a-primer-on-new-mexicos-housing-authority-scandal\/\" target=\"_blank\">here<\/a>.)<\/p>\n<p>But the AG has yet to attempt to seek recovery of the lost funds identified in the special audit, even though his office has had the report for 25 months \u2013 since January 2009. King spokesman Phil Sisneros said his office is \u201creviewing the document,\u201d but said he can\u2019t comment further about the housing authority case because it\u2019s pending.<\/p>\n<h3>\u2018New Mexicans deserve accountability\u2019<\/h3>\n<div id=\"attachment_26484\"  class=\"wp-caption module image alignright\" style=\"max-width: 120px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-26484\" title=\"Cervantes, Joseph\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2011\/02\/Cervantes-Joseph.jpg\" alt=\"\" width=\"120\" height=\"160\" \/><\/a><p class=\"wp-caption-text\">Joseph Cervantes<\/p><\/div>\n<p>In the meantime, Rep. <a href=\"http:\/\/www.nmlegis.gov\/lcs\/legdetails.aspx?SPONCODE=HCERV\" target=\"_blank\">Joseph Cervantes<\/a>, D-Las Cruces, is sponsoring <a href=\"http:\/\/www.nmlegis.gov\/lcs\/_session.aspx?chamber=H&amp;legtype=B&amp;legno=%20596&amp;year=11\" target=\"_blank\">legislation<\/a> that would allow the state auditor to contract with outside counsel to try to recover misused funds identified in this and other audit reports.<\/p>\n<p>\u201cStealing money intended to help shelter lower income families deserves our strongest condemnation, and an aggressive effort to recover those public funds,\u201d Cervantes said. \u201cThis theft was pervasive.\u00a0 Now that we have this accounting, New Mexicans deserve accountability.\u201d<\/p>\n<p>\u201cI am working to provide the auditor with tools to recover the misappropriated public funds, and to restore public trust and confidence in our state government,\u201d Cervantes said.<\/p>\n<h3>The audit findings<\/h3>\n<p>Several of the state\u2019s regional housing authorities collapsed in 2006 after Region III defaulted on $5 million on bonds it owed the state. At the time, the Legislature and governor charged Balderas\u2019 office with compiling an accounting of the financial status of the housing authorities.<\/p>\n<p>To get a full picture, Balderas\u2019 office had to perform a number of annual audits several of the regional housing authorities had failed to complete in the years leading up to the collapse. Those audits <a href=\"http:\/\/www.nmpolitics.net\/index\/2009\/01\/housing-authorities-were-a-colossal-failure\/\" target=\"_blank\">were released to the public<\/a> in January 2009.<\/p>\n<p>The special audit was completed at the same time, but it was kept secret in accordance with state law because Balderas referred it to the AG and FBI.<!--more--><\/p>\n<p>More than two years later, in response to a records request from an agency that was given oversight over Region III, the auditor\u2019s office decided enough time had passed to consider the audit a public record, said Evan Blackstone, the state auditor\u2019s general counsel.<\/p>\n<p>Most of the findings contained in the audit have never before been made public. Among them:<\/p>\n<ul>\n<li>Region III and HEI \u2013 an entity Gallegos created to be the construction arm of the housing authorities \u2013 had some of the same board members, and members were inappropriately collecting per diem twice when meetings were held on the same day and in the same location.<\/li>\n<li>Board members and employees were collecting per diem in excess of what is allowed under state law \u2013 $114 per day instead of the maximum allowed at the time, $95.<\/li>\n<li>Board members also inappropriately collected per diem \u201cwhen official board meetings did not take place and overnight stays did not occur,\u201d the audit states.<\/li>\n<li>There were several \u201cquestionable payments and reimbursements,\u201d including \u201cpurchases of alcohol, payments for private club dues,\u201d and the trip to Las Vegas.<\/li>\n<\/ul>\n<p>Under state law, those who violate the Per Diem and Mileage Act must repay the state \u201cin an amount twice the excess payment.\u201d There\u2019s no additional criminal penalty.<\/p>\n<h3>More details on the audit<\/h3>\n<p>The allegedly misused money identified in the audit appears to add up to at least tens of thousands of dollars. For example, the audit states, Region III and HEI board members were given a combined $45,213 in per diem \u201cwhen an official meeting did not take place and an overnight stay did not occur.\u201d In addition, some board members of one entity received per diem for attending a meeting of the other entity\u2019s board as a guest \u2013 even though they weren\u2019t on that board.<\/p>\n<p>The audit identifies unlawful per diem payments to individual board members. The board member receiving the largest unlawful amount was Filo Sedillo, who the audit states was \u201cunlawfully paid $10,886.\u201d Several board members were found by auditors to have received much smaller unlawful totals, with the smallest being $114.<\/p>\n<p>One issue that has been made public before, but that\u2019s also in the audit: Gallegos was reimbursed twice for the same business trips \u2013 once by Region III and once by HEI. The total he was paid was nearly $46,000, the audit states. It calls the double payments a \u201csignificant\u201d violation of the Per Diem and Mileage Act.<\/p>\n<p>The audit also identified \u201cquestionable,\u201d but not necessarily illegal, expenses. For example, Region III paid for Kennedy\u2019s Albuquerque Petroleum Club membership dues \u2013 more than $500 in 2006. And it identified alcohol expenses that include Kennedy purchasing alcohol during the Las Vegas trip attended by him, Gallegos and their wives.<\/p>\n<p>The total cost of the three-day Las Vegas trip, the audit states, was $1,211.60, which included \u201cflights and stays at the Monte Carlo.\u201d<\/p>\n<h3>Referred to investigatory agencies<\/h3>\n<p>The state auditor referred the report to the FBI and AG after having discovered violations of the Per Diem and Mileage Act and \u201csuspected\u201d violations of the Governmental Conduct Act, \u201ccriminal statutes related to misconduct by public employees and officials,\u201d and fraud, the audit states.<\/p>\n<p>Balderas told NMPolitics.net that the issues identified in the audit \u201creally speak to the casual culture of abuse that we\u2019re still hoping will be investigated.\u201d<\/p>\n<p>King\u2019s case against the housing authority defendants is on hold pending a <a href=\"http:\/\/www.nmpolitics.net\/index\/2011\/02\/housing-authority-defendants-ask-high-court-to-remove-ag\/\" target=\"_blank\">question before the New Mexico Supreme Court<\/a>. The defendants are arguing that the AG can\u2019t prosecute the case because his office his office also represents, in a civil capacity, the housing authorities and the State Investment Council (SIC) \u2013 whose bonding on behalf of the housing authorities is at the center of the case.<\/p>\n<p>King has never been one to talk about pending cases, and Sisneros, his spokesman, would say little in this instance. But, asked about Cervantes\u2019 bill that would let the auditor try to recover funds himself, Sisneros did say that the AG \u201csuccessfully sued Region III in civil court several years ago and undid all sorts of\u00a0things without the help of the auditor.\u201d<\/p>\n<p>Asked for details, Sisneros pointed to former AG Patricia Madrid bringing lawsuits against three people \u2013 two then-Region III employees and one board member \u2013 who were living in Region III houses even though they didn\u2019t qualify for low-income housing. The case was taken over by King when he took office, and he won. All three tenants were required to vacate the houses.<\/p>\n<h3>\u2018More entities need the ability to recover funds\u2019<\/h3>\n<p>Though Madrid, and later King, acted in that instance, Balderas said his office has a difficult time getting any oversight agency to even contact his office when it identifies funds that may be recoverable. That means fund recovery is rare, he said.<\/p>\n<p>\u201cIt\u2019s not been a high enough priority for oversight agencies,\u201d Balderas said in explaining why his office needs the authority Cervantes\u2019 bill would grant it. \u201cI think when you are battling a systemic problem of corruption and waste, more entities need the ability to recover funds.\u201d<\/p>\n<p>Balderas already has the authority to seek recovery of funds. The new legislation would make doing so more practical by allowing him to contract with outside counsel. The auditor\u2019s office doesn\u2019t have the staff to seek recovery otherwise.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A newly released special audit of the Region III Housing Authority finds that board members and employees were using agency money \u201cas their own private ATM cash machine,\u201d State Auditor Hector Balderas says.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,1],"tags":[142,152,107],"class_list":["post-26483","post","type-post","status-publish","format-standard","hentry","category-news-and-analysis","category-uncategorized","tag-crime","tag-housing-authority-scandal","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/26483","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=26483"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/26483\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=26483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=26483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=26483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}