Former treasurer candidate charged

The former Republican candidate for Quay County treasurer and former deputy treasurer was charged Friday with two felonies and jailed after being accused of altering county records so a property she owned wouldn't be placed in a state delinquent-tax list.

A no-bond arrest warrant was issued shortly after noon Friday for Albenita Rene Rael, 50, of Tucumcari after she was charged with tampering with public records and fraud, both felonies. She was booked into the Quay County Detention Center later that afternoon.

Rael's first court appearance with Magistrate Judge Noreen Hendrick was scheduled for Sept. 24, after the Quay County Sun's deadline. Rael was granted her request for a public defender due to indigency.

Both charges are fourth-degree felonies that can lead up to 18 months in prison and up to a $5,000 fine.

According to the criminal complaint, Rael tampered with county records between June 27 and July 8 to keep a property she owned off a delinquent tax list. The fraud count alleges her misrepresentation involved a total of $582.54 in back taxes and fines on the tract.

It initially was reported that Rael had resigned as county deputy treasurer on July 23 and withdrew her candidacy for county treasurer on July 24.

She told the Quay County Sun at the time she stepped down for personal reasons.

Rael on June had won her unopposed Republican primary election to replace current county treasurer Patsy Gresham, who is term-limited. Because no Democrat filed, Rael was unopposed for the November general election.

According to an affidavit filed by New Mexico State Police officer Mark Preciado, he was assigned on July 23 to investigate possible fraud at the county treasurer's office.

Preciado interviewed Rael, Gresham and the county's attorney, Warren Frost.

Gresham explained in early June, her office sends notices to delinquent property owners to pay back taxes before the end of the month, or the tracts are subject to be relinquished to the state for a possible auction. Such delinquent properties also are subject to a $125 fine.

Gresham told the officer she knew Rael's property was on the delinquency list and was set to receive a notice letter. Gresham said she did not talk to Rael about the delinquency "because she thought that was Ms. Rael's personal business," the affidavit stated.

Gresham said she submitted the delinquency list to the state and asked Rael to file it with the Quay County Clerk's Office the afternoon of July 11.

Gresham said she looked at the filed report and wanted to see whether Rael had paid her balance. Gresham's work computer showed Rael still was delinquent for the past three years and had a balance of $457.54.

Gresham compared the report to the property tax database. She said Rael's delinquent property should have been submitted to the state and reflected the $457.54 balance, plus the $125 fine, but it did not.

Gresham said she or Rael could remove accounts off the delinquency list due to a bankruptcy filing or the property being sold. Gresham said only she and Rael knew how to do such actions.

Gresham said she contacted Frost about the situation, and they agreed to meet with Rael on July 18.

Gresham told the officer that Rael initially denied accessing her account and removing it from the delinquency list.

After the meeting, Rael was suspended from her position.

Gresham contacted her office's software provider, Tyler Technologies, to see whether an audit trail showed how Rael's property was removed from the delinquent list. Randy VanderPlaats, a Tyler operator, provided a report of his findings.

The report stated Rael's work account used two codes on two occasions - June 27 and and July 8 - to remove her property from the delinquent list. The report stated Rael's account was placed back on the delinquency list 26 minutes after she filed it with the county clerk's office.

Gresham confirmed Rael worked on those dates and no one else had access to her work account.

Gresham and Frost met with Rael again on July 23.

Gresham said Rael changed her account and told them she was testing to see how to remove a property from the delinquent list. She said she did not remember how her account was removed.

"Ms. Gresham stated after this meeting, Ms. Rael was fired," Preciado wrote.

During an interview with Preciado, Frost recalled the July 23 meeting with Rael where he told her it would be best if she withdrew from the treasurer's race.

"Mr. Frost stated the county treasurer is responsible for a large amount of money and he would not allow an untrustworthy person to take that position," Preciado wrote. "Mr. Frost stated if Ms. Rael withdrew from the race that would end their concern and she could move on with her life."

In an interview with Preciado, Rael said she had worked in the treasurer's office for about eight years. She said "anybody" can get into the property tax system and "play with that stuff."

Rael said if she had paid $92 on the tax account before June 30, her property would not have been reported as delinquent to the state. She denied having money issues. Rael said she worked two jobs, and "all her stuff was paid for."

"I asked Ms. Rael why she didn't pay the $92.00 before June 30th and she stated she forgot," Preciado wrote.

She denied removing her name from the delinquent list because she thought it would look bad while running for treasurer.

Rael said she used her work account to test "some stuff" on her delinquent property tax account and it was a mistake to do so.

She said she did not remember putting her property back on the delinquent list after it was filed with the clerk's office. Rael said only she and Gresham knew how to remove or place properties on the list.

"Ms. Rael stated she would not rip off her county and will pay whatever needs to be paid," the report stated.

Rael said near the end of the interview "she thinks Ms. Gresham and Mr. Frost weren't ready to have a Hispanic treasurer."

Preciado's report stated Rael possibly was moving to Amarillo to start a new job there.

After Rael withdrew, the Republican Party of Quay County in August chose Theresa Lafferty, former office manager of the Arch Hurley Conservancy District in Tucumcari, as the new GOP treasurer's candidate.

Quay County manager Daniel Zamora said during a recent county commission meeting that Lafferty was undergoing training for her new position as deputy treasurer.