A political consultant indicted last month on corruption charges along with former New Mexico Secretary of State Rebecca Vigil-Giron also had contracts with three state agencies in addition to Vigil-Giron's office, according to records obtained by
The New Mexican.
Armando Gutierrez, a former Albuquerque resident who now lives in Corpus Christi, Texas, had two contracts with then-state Attorney General Patricia Madrid's office in 2000 and 2001, and another with the state tourism and transportation departments in 2004.
The 2000 contract with Madrid's office, which appears to be for media work, was amended six times during five fiscal years. The original contract was worth $150,000, but amendments boosted the contract's worth to as much as $1.108 million, records show.
No one has been charged with wrongdoing in connection with the other contracts.
However, in the case in which Gutierrez was indicted, former Secretary of State Vigil-Giron faces 50 felony counts of fraud, money laundering, tax evasion, making or permitting false documents, and soliciting or receiving kickbacks in a case involving millions of dollars in federal election funds.
Gutierrez and lobbyists Joe and Elizabeth Kupfer also face 50 felony counts each. Earlier this month, all four waived arraignment.
Gutierrez is a consultant who has produced Spanish-language ads for former President Bill Clinton's 1996 campaign and Al Gore's 2000 presidential race. He also worked on Gov. Bill Richardson's 2002 gubernatorial campaign.
For the contract he had with Vigil-Giron's office, A. Gutierrez & Associates produced television ads to inform voters about the Help America Vote Act. Vigil-Giron appeared in some of the ads.
A 2006-2007 audit by the U.S. Election Assistance Commission raised questions about the payment of more than $6.2 million to Gutierrez from August 2004 to October 2006.
The audit showed records substantiated only about $2.6 million of the money. The audit also showed the state's payments exceeded a contracted ceiling by more than $300,000. Gutierrez was paid a $1 million administrative fee that was not listed in the contract with the state.
Findings from that audit included that Vigil-Giron "appeared to pay the vendor at a rate higher than the rate negotiated in the amended contract" and "appeared to pay the vendor twice for producing a single video in the amount of $186,000."
In addition, there are questions about changes to the contract regarding how much Gutierrez would be paid.
As for the work Gutierrez did for Madrid, it not too clear what the work was. Madrid didn't return several calls seeking comment.
According to the contract, Gutierrez "shall provide services in connection with preparing and submitting in writing for approval, a plan of work and budget including time and services, separations, media placement schedules, materials, fulfillment costs and other costs for each project for the Attorney General."
A man who answered a number listed as Gutierrez's earlier this month said a reporter had the wrong number. His attorney didn't return several calls seeking comment.
Each amendment made available to
The New Mexican through a public records request shows increases in the contract. The contract was increased once by $58,000, three times by $100,000, once by $250,000 and once by $350,000, records show. The last amendment was signed in 2004.
Gutierrez had another, smaller contract with the Attorney General's Office in 2001, records show. It was to produce a 50-minute training tape and other educational material about elder abuse for law enforcement personnel. It was worth $63,418.
Gutierrez's contract with the tourism and transportation departments was for a campaign to increase seat-belt use and was worth $427,170 records show. As part of his work, the contract called for Gutierrez to do media buys for print, radio, broadcast and billboard ads and to provide a media placement schedule, among other things.
According to the Department of Finance and Administration, "the Tourism Department requested retroactive approval of this contract to April 26, 2004, which request DFA approved on or about June 29, 2004."
That happened after the Department of Transportation had canceled its contract with its advertising agency and needed advertising services for traffic safety advertising.
Gutierrez's company began the work in April, after signing a contract, although it had not been fully executed because a budget adjustment was required to make the payment.
"The contractor provided services in good faith and was not fully aware of the complications we confronted in processing this unique agreement," according to records provided by the Department of Tourism.
Contact Kate Nash at 986-3036 or knash@sfnewmexican.com. Read her blog at www.greenchilechatter.com.