Seizing pensions sends message

A court ruling that the state and private pension accounts of a former court administrator convicted in the Albuquerque Metropolitan Courthouse construction scandal can be tapped to pay restitution sends a clear message that there are financial consequences to ripping off the taxpayers.

Former Metropolitan Court Administrator Toby Martinez pleaded guilty in 2008 to conspiracy and mail fraud in connection with defrauding the state of $4.3 million.

In 2009, U.S. District Judge William “Chip” Johnson sentenced Martinez and co-conspirator Manny Aragon, former state Senate president pro tem and Democratic heavyweight, to 67 months in federal prison and ordered them to repay slightly more than $2.7 million in restitution in the kickback scandal. Aragon pleaded guilty in October 2008 to one count of conspiracy and two counts of mail fraud.

Johnson recently ruled that Martinez’s pensions can be seized to help repay his share of the restitution. Martinez has not started drawing from his retirement fund and so far only has paid a little over $3,000 of his restitution. Aragon has paid more than $70,000.

In reaction to Aragon’s conviction and receipt of state-funded pension money while in prison, legislators passed a bill in 2012 that gave courts the option of revoking pensions as a component of felony sentencing for public officials.

Pursuing recovery of purloined public money shows that government prosecutors and court officials are not willing to stand by while wrong-doers profit at the public’s expense and that they are being good stewards of the taxpayers’ money that contributed to the state pensions.

The ruling sends the message that if you do the crime, you will not only do time, but you will also have to repay the public’s dime.