Mike Morris – InFocus

Sorry folks for being so late into the game in the matter of Commissioner Couy Griffin ripping off the taxpayers to play cowboy and stay solvent. As I look at what appears to be going on the County Manager introduces herself as either grossly incompetent or a willing accomplice to Griffin in his scheme to defraud the taxpayers. Answering the question of which is as important as delivering a turnkey case to prosecutors detailing Couy Griffin’s criminal conduct. There is a lot to do, so let’s get started.

The subject of today’s inquiry is a travel reimbursement foisted on the county by Commissioner Griffin to pay for his party trip to DC complete with horse and massive trailer to get a photo op with the President in his Cowboys for Trump logo shirt. Yeah that’s right Griffin took his PAC on the road to DC to supplicate himself to trump and stick you with a bill north of $3200 for the trip. A recent article in the Alamogordo Daily News quotes Griffin claiming he has since repaid the county the funds he stole. While the problems with these acts are many let’s look at what the law says happens when you put in unlawful mileage and per diem:

NMSA 10-8-7. Penalty.

Any public officer or employee covered by the Per Diem and Mileage Act who knowingly authorizes or who knowingly accepts payment in excess of the amount allowed by the Per Diem and Mileage Act or in excess of the amount authorized by the secretary or the governing board pursuant to Section 10-8-5 NMSA 1978 is liable to the state in an amount that is twice the excess payment.

What the hell is going on here. Without going into the weeds the claimed purpose trip would allow $1,100 – $1,200 leaving an excess of ~$2,000 requiring a repayment of $4,000. If Griffin is telling the truth that he repaid the entire reimbursement that is suggestive that the whole trip was tossed from taxpayer funding meaning that Couy Griffin owes $6,400, not $3,200. No one has the authority to waive this penalty, but that is what is going on right under our noses. The question is the cause – incompetence of the county and its counsel or a good ole boy Mulligan.

While the penalty in the Mileage and Per Diem Act is worth noting here the real meat of this matter is the felonious conduct of Griffin to bilk the taxpayers out of thousands while laughing in your faces. Let’s simplify things by assuming for the moment that Griffin returned all of the money because there was no legitimate county business in the 7 day equestrian excursion though we were billed for the adventure.

Let’s look at Griffin’s conduct against a backdrop of the law to see whether Couy should be a third or fourth degree felon once this is finally prosecuted. First let us look at what fraud means at New Mexico law:

NMSA 30-16-6. Fraud.

A.  Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations.

So like taking a trip on behalf of your PAC with horse in tow billing the trip to the county? The amount of the fraudulent bill was in excess of $3,200. What does the law say about that?

E. Whoever commits fraud when the value of the property misappropriated or taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

Did I stutter? The question isn’t why this guy is still in office. The question is why he is still on the street? Defendants are routinely charged with far less serious crimes than this. It is a third degree felony for crying out loud.

With your help and a little publicity we will get answers and results. For the time being you might want to ask DA John Sugg why he has recused himself from these cases leaving us at the mercy of Santa Fe.