Complaint against Tax. Dept. lawyer adds details to scandal

Newly released documents appear to show a top state Taxation and Revenue Department staffer was involved in alleged abuse of power that is subject to an ongoing probe. © New Mexico Political Report, 2015. Contact editor@nmpoliticalreport.com for info on republishing.  

In July, State Auditor General Counsel Sarita Nair filed an ethics complaint against Tax Department lead attorney Brad Odell with the Disciplinary Board of the Supreme Court of New Mexico, NM Political Report has learned. The Disciplinary Board opted not to take action against Odell, citing that it lacked sufficient evidence.

‘IDIOTS’: TRD attorney criticized agency for botched redaction

When New Mexico Political Report discovered and reported on a botched redaction from the state Taxation and Revenue Department this summer, the state responded with a threat. “You purposely manipulated the document in order to reveal taxpayer return information and thwart the purpose of the redaction,” tax department spokesman Ben Cloutier wrote to us in July. “You have published taxpayer return information despite the clear intent that it remain confidential. It is unlawful for any person other than the taxpayer to intentionally reveal to any other person the taxpayer’s return information.”

Yet internal emails show at least one current tax department attorney faulted his employer, and not New Mexico Political Report, for the mishap. “I have been telling the Department for years that we are not redacting documents properly,” tax department attorney Lewis Terr wrote in an email the same day we published the story.

TRD plays blame game after releasing taxpayer name

Before New Mexico Political Report recently reported on a botched redaction from the state Taxation and Revenue Department, we reached out to its spokesman multiple times. It took Taxation Department spokesman Ben Cloutier more than four hours to respond. And when he did, he responded with a legal threat. “Mr. Peters,” he begins in an email sent Thursday late afternoon:
Although taxpayer return information was redacted by the department to provide confidentiality, you purposely manipulated the document (i.e., you were able to get around the redaction and enhance the imagery) in order to reveal taxpayer return information and thwart the purpose of the redaction. Furthermore, you have published taxpayer return information despite the clear intent that it remain confidential.