Investigators on Wednesday seized a safe and more than 20 boxes of documents from the homes and office of Advantage Asphalt and Seal Coating owners Anthony and Marlene Montoya, Santa Fe County Sheriff Greg Solano said.

The firm — which has received millions of dollars worth of paving and construction contracts from the county and the city of Santa Fe — is at the center of an investigation into allegations of theft and fraud involving the Santa Fe County Public Works Department.

An affidavit for a warrant to search the Montoyas' properties provided the first official glimpse into the investigation by a special task force of sheriff's office and state attorney general staff members.

Detective James C. Yeager wrote in the affidavit that after reviewing documents regarding Advantage Asphalt's contracts with the county "it was apparent that there were numerous errors, falsifications, and change orders in every stage of the paperwork."

Yeager requested authorization to search the Montoyas' home and office in Rancho Viejo and an under-construction home in La Cienega for any written records, phone messages and financial documents pertaining to Advantage Asphalt or any other businesses owned by Montoya. He also requested permission to search for any "vaults, safes, trap-doors, or safe compartments."

The sheriff began the investigation in April after a county employee tipped officials about possible wrongdoing in the Public Works Department.

According to the search warrant, the tipster reported that the paperwork related to the Advantage Asphalt wasn't being processed in accordance with county policy and that there appeared to be "some type of inappropriate relationship" between Montoya and then-county Public Works director James Lujan. County employees interviewed during the investigation reported that they were directed by Lujan to "assist" Advantage Asphalt with contracted jobs that the company received from the county, according to the document.

Lujan was fired by the county in May, but was recently hired as the Española city manager.

Yeager noted in his affidavit that when he interviewed Anthony Montoya in May, the contractor "was very evasive" and couldn't give any explanation when asked why he had apparently billed Santa Fe County for work completed by the county's own crews.

"All he could say was 'our work is guaranteed,' " Yeager wrote.

Montoya's attorney, Santa Fe City Councilor Matthew Ortiz, offered to provide any documents that might aid in the investigation, according to the affidavit. But after being given weeks to do so, he failed to deliver the requested documents.

"Its is very clear the information requested was not the information provided to me," Yeager wrote. "This tactic is very prevalent when either trying to hide or destroy essential documents that could be pertinent to any given case."

Ortiz said in a written statement Wednesday that "Advantage and its owners have committed no crimes."

Ortiz wrote that the Montoyas stand behind the quality of the work their firm has completed for the county. "Advantage believes that it will be vindicated and exonerated from all allegations made against it, once all of the facts and evidence are examined."

Ortiz also alleged that the search warrants were "overbroad," that the searches conducted Wednesday "exceeded the scope of the warrants issued" and that "Advantage's business operations and its owners have been damaged.

"The actions of certain Santa Fe County personnel and others have placed Advantage in the situation that has to 'defend' its innocence," Ortiz wrote. "This situation has been exacerbated by the open, public and notorious acts of the Sheriff to draw media attention for his office. Advantage and its office will utilize all legal remedies to rectify this unfortunate situation."

Larry Malgeden, an attorney for SunCor New Mexico, which owns the homebuilding business in the Rancho Viejo subdivision south of the city, confirmed Wednesday that the company is "engaged in private arbitration with Advantage Asphalt," which he said did a "significant" amount of infrastructure work in the development.

Ortiz — who received a $2,500 political campaign contribution from Montoya, a former union leader — has been criticized recently for failing to disclose his relationship to the firm while sitting on city committees that awarded contracts to his client. Ortiz maintains that he hasn't violated any rules and has suggested the city should clarify its policy regarding disclosure of conflicts of interest by elected officials.

Solano said it will likely be about a week before a return on the search warrant is filed in state District Court that will publicly specify the items seized Wednesday.

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com