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Criminal case against Dianna Duran, 2015
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| Dianna Duran New Mexico Secretary of State |
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New Mexico Secretary of State Dianna Duran (R) pleaded guilty to felony and misdemeanor campaign fund embezzlement charges and announced her resignation on October 23, 2015. Duran had been charged with 65 counts of fraud, money laundering, embezzlement of campaign contributions and identity theft. She initially pleaded not guilty on all counts and went back to court on December 1, 2015, for her preliminary hearing.[1][2][3]
Under the terms of the plea deal, Duran pleaded guilty to two felony embezzlement charges and four misdemeanors, and she agreed to serve probation, pay $14,000 in restitution, seek treatment for gambling addiction and be prohibited from going to casinos.[4] Duran's sentencing hearing took place on December 14, 2015. She was ordered to pay another $13,866 in restitution, place ads in six publications across the state apologizing to New Mexicans for her crimes, undergo supervised probation for five years, perform 2,000 hours of community service and serve 30 days of jail time.[4][5]
Duran had until Wednesday, December 16, to accept or reject the sentencing because it involves jail time.[5]
The prominent actors
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Background
On August 28, 2015, New Mexico Secretary of State Dianna Duran was charged with 64 counts of fraud, money laundering and embezzlement of campaign contributions. Attorney General Hector Balderas (D) filed the criminal complaint and information against Duran with the state district court. The 64-count complaint was the result of an investigation into Duran's suspected use of campaign contributions to fund gambling activities. The complaint accused Duran, who previously worked with the attorney general on a task force dedicated to enhanced enforcement of campaign finance laws, of breaching "the ethical principles of public service" in funneling intended campaign donations to her personal accounts. Balderas' investigation into Duran's finances and casino expenditures was reportedly based on a confidential tip, though Balderas and Duran are known political rivals.[6][1]
To illustrate the alleged shifting of campaign funds into personal accounts, the investigators juxtaposed Duran's cash withdrawals at casinos across the state in 2013 and 2014 with her and her husband's combined income as stated on their tax returns. The casino withdrawals from accounts controlled by Duran totaled $430,447.96 in those two years, while the couple's joint annual income ranged from $93,526 in 2010 to $137,667 in 2013. The discrepancy signaled to investigators that Duran's considerable casino spending practices were likely fueled by sources other than personal income. Duran's lawyer issued a statement after the charges were filed saying they were reviewing the materials and asking the public "not to jump to conclusions."[7]
Along with serving as the state's chief elections official, Duran is the ethics regulator for the New Mexico state government.[1]
Additional charge
On Friday, October 2, 2015, Balderas charged Duran with a 65th count of felony identity theft for listing former Republican state Sen. Don Kidd as treasurer of her 2010 campaign without his knowledge. Kidd has confirmed that the address and telephone number listed for him on Duran’s campaign finance reports are not his and that he had written no checks on behalf of the campaign. He has acknowledged that his only involvement in Duran's campaign was making a donation.[8] The same day Balderas filed a motion seeking an enhanced penalty in the case against Duran because the charges related to her duties as the state's top elections official. Duran pleaded not guilty to the initial charges.[9]
Court case
Duran appeared in district court in Santa Fe on September 15, 2015, for her arraignment on charges of fraud, embezzlement and money laundering. She pleaded not guilty to all charges. Her attorney, Erlinda Johnson, argued multiple motions to throw out charges, but all were denied by First District Judge T. Glenn Ellington. Judge Ellington scheduled Duran's preliminary hearing to begin on October 30, 2015, but cautioned that it could be delayed until December depending on what motions were filed by counsel. Following the preliminary hearing, the judge will determine whether the state has established probable cause for the case to proceed. The attorney general's office said it planned to present more than 20 witnesses against Duran.[2][10][11]
Following the arraignment, Duran left the courtroom without answering questions and remained primarily out of public view.[11][12][13][14]
According to Viki Harrison, director of Common Cause New Mexico, Duran could not use campaign funds to pay for her legal defense.[15]
On October 8, 2015, Judge Ellington granted Duran's motion requesting more time to prepare a defense and pushed her preliminary hearing date to December 1. The hearing was originally scheduled for the end of the October.[16] On October 23, Duran announced her resignation and pleaded guilty to six of the 65 charges against her. Under her plea deal, Duran had the possibility of avoiding jail time and retaining her pension. Duran's sentencing hearing took place on December 14, 2015.[4] She was ordered to pay another $13,866 in restitution, place ads in six publications across the state apologizing to New Mexicans for her crimes, undergo supervised probation for five years, perform 2,000 hours of community service and serve 30 days of jail time. Because of the jail time, Duran was given until December 16 to accept or reject the sentence.[5]
Legislative action
At the same time Duran was in front of Judge Ellington for her arraignment, the New Mexico Legislative Council convened to determine whether or not to proceed with the first steps in the impeachment process.[17] The Legislative Council, made up of 16 lawmakers from both the House of Representatives and State Senate, unanimously voted to approve $250,000 for a subcommittee to investigate Duran and make a recommendation as to whether the full House of Representatives should initiate impeachment proceedings.[3] The allotted budget provides funds to cover the $165 per day cost for each member of the committee, as well as legal counsel needed to collect evidence on behalf of its members.[3]
House Speaker Don Tripp (R) appointed the 10-member House Special Investigatory Committee the week prior to Duran's arraignment, but it was unable to move forward until funds were approved for its operation.[18] The committee is helmed by both a Democrat and a Republican: Gail Chasey (D) and Zachary Cook (R).[18][3] Each member of the committee incurs a daily expense to taxpayers of $165.[3]
| “ | The committee understands the gravity of this task and is prepared to fulfill its duty responsibly.[19] | ” |
| —Joint Statement by Gail Chasey and Zachary Cook[20] | ||
One of the primary tasks of the subcommittee was to determine the necessary standard of proof, should the state's legislature have proceeded to an impeachment trial. According to State Rep. W. Ken Martinez (D), the members of the special investigatory committee planned to proceed in closed sessions, deliberating like a jury about whether or not to recommend that the House of Representatives move forward with drafting impeachment articles.[3]
The committee's first meeting was scheduled for September 28, 2015, at 9:30 a.m.[18]
Members of the House Special Investigatory Committee
Impeachment procedure
To impeach the secretary of state, the New Mexico Constitution requires the House of Representatives to draft articles of impeachment, which would need to be passed by a majority vote in the chamber. If the articles of impeachment are approved, a trial in the Senate is required to determine guilt.
To have removed Duran from office, a minimum of 28 senators (two-thirds of the 42-member chamber) would have had to vote guilty.[21]
Vacancies
Secretary of state vacancies are filled by gubernatorial appointment, per Article V, Section 5 of the New Mexico Constitution. The appointed official would serve until the next scheduled general election.[22]
See also
| New Mexico | State Executive Elections | News and Analysis |
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External links
- New Mexico Secretary of State
- New Mexico Campaign Finance Information System
- New Mexico Office of the Attorney General
Footnotes
- ↑ 1.0 1.1 1.2 Albuquerque Journal, "Secretary of state accused of fraud, money laundering," August 28, 2015
- ↑ 2.0 2.1 KOB4.com, "Special committee to meet Tuesday to begin investigation into charges against Sec. of State Duran," September 14, 2015
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Justin Horwath, The New Mexican, "Panel set to initiate impeachment proceedings against Duran gets $250K; cost could rise," September 16, 2015
- ↑ 4.0 4.1 4.2 Nancy Tipton, Deborah Baker and Dan Boyd, Albuquerque Journal, "Secretary of State Duran resigns, pleads guilty," October 23, 2015
- ↑ 5.0 5.1 5.2 Morgan Lee, Santa Fe New Mexican, "Judge sentences Duran to 30 days jail time, fines," December 14, 2015
- ↑ Associated Press, "New Mexico secretary of state charged with theft," August 29, 2015
- ↑ New Mexico Political Report, "Sec of State charged with 64 counts involving using campaign cash for personal use," August 28, 2015
- ↑ Steve Terrell, Santa Fe New Mexican, "Duran faces new count of ID theft in fraud case," October 2, 2015
- ↑ Susan Montoya Bryan, AP, KOB News 4, "Prosecutors seek enhanced fines in NM official's fraud case," October 2, 2015
- ↑ KOB4.com, "Secretary of state pleads not guilty to fraud, embezzlement charges," September 15, 2015
- ↑ 11.0 11.1 Steve Terrell, Governing, "New Mexico Secretary of State Pleads Not Guilty," September 17, 2015
- ↑ Elizabeth Reed and Blair Miller, KOB 4, "Secretary of state pleads not guilty to fraud, embezzlement charges; has no comment after court," September 15, 2015
- ↑ Justin Horwath, The New Mexican, "Duran makes brief appearance after long work absence," September 22, 2015
- ↑ Stuart Dyson, KOB Eyewitness News 4, "Special committee to meet Tuesday to begin investigation into charges against Sec. of State Duran," September 14, 2015
- ↑ Stuart Dyson, KOB 4, "Duran won't be able to use campaign funds for legal defense," September 16, 2015
- ↑ KOB4, "Judge pushes back hearing in Dianna Duran case," October 8, 2015
- ↑ Deborah Martinez, KSFR 101.1FM, "Sept. 15 - District Court, Legislators Take Up Dianna Duran Corruption Case," September 15, 2015
- ↑ 18.0 18.1 18.2 KRWG TV/FM, "First On KRWG: House Committee Schedules Meeting To Investigate New Mexico Secretary Of State," September 16, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Dan Boyd, Albuquerque Journal, "Duran impeachment process ramps up," September 17, 2015
- ↑ Justin Horwath, The Taos News, "Panel set to initiate impeachment proceedings against Duran gets $250K; cost could rise," September 16, 2015
- ↑ New Mexico SOS, "New Mexico Constitution," accessed March 30, 2014
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