Count 1
The first count of
conspiracy to commit
mail fraud states that
Flores and others not
named devised a scheme
to defraud the citizens
of El Paso County to
fraudulently obtain
money and property.
According to the federal
information document
containing the charges
against Flores, she
admits she received
payments disguised as
campaign contributions
in exchange for her vote
to extend the county's
health-care benefits
contract.
In February 2006, the
Commissioners Court
voted unanimously to
extend its health
benefits contract with
Access HealthSource and
its subsidiary, Access
Administrators, for two
years, even though that
contract was not up for
reconsideration until
late that year.
Access' president and
chief executive officer,
Frank Apodaca, is a
target of the FBI's
public corruption
investigation. The FBI
has conducted searches
of Apodaca's Access
offices and his home.
Apodaca, whose assets
along with two cars and
a motorcycle have been
seized by the FBI, was
recently placed on paid
administrative leave by
Access' parent company,
the publicly traded
Access Plans USA.
Access HealthSource, a
for-profit corporation,
was owned by the
nonprofit National
Center for Employment of
the Disabled until it
was sold to Precis Inc.
in 2004.
Count 2
The second count of
conspiracy to commit
wire fraud states that
between Jan. 1, 2003,
and Dec. 31, 2006 --
Flores' term of office
-- she received cash
bribes in exchange for
her vote on "part of the
underwriting contract
for a bond initiative
for Thomason General
Hospital, an
underwriting contract
for bond issues at the
County of El Paso, and
to award financial
advisory contracts at
the court of El Paso and
for the Thomason bond
initiative."
Thomason spokeswoman
Margaret Althoff-Olivas
said the hospital had no
role in the conspiracy
"I can say that all of
the actions taken by the
Hospital District's
Board concerning
Thomason's bond
initiative were done in
open session in
committee meetings, and
subsequently, by the
board-as-a-whole, in
accordance with the law
and were conducted
fairly and legally," she
said in a written
statement. "If others
were engaged in other
activities with
individual members of
the court, the district
was unaware of that."
Haggerty said he did not
know what specifically
Flores' plea referred
to.
"If it was a Thomason
Hospital bond issue,
that was just before she
left office. It's the
only one I can remember
of any significance in
forever."
Haggerty said he was not
persuaded to support the
bond when it was first
brought to the court.
Commissioners approved
$120 million in tax and
revenue bonds for the
hospital last November.
"I was the only one who
asked any questions," he
said.
In April, the
Commissioners Court
terminated its bond
underwriting contract
with First Southwest Co.
In Ketner's
"information," count
four alleges that Ketner
conspired with others,
including Commissioners
Miguel Terán and Luis
Sariñana, to strip a
bond underwriting
contract from First
Southwest Co., a company
that the city and county
have used in bond
matters for years, and
to award it to another
company.
Count 3
The third count of
conspiracy to commit
mail fraud states that
Flores was paid $10,000
in exchange for a
favorable vote on a
contract for the $20
million El Paso County
Parking Garage Annex,
and to advocate change
orders to the contract.
The contract was awarded
in May 2004.
"I remember she had an
opinion on that, real
strong," Haggerty said.
The contract was awarded
to C.F. Jordan, County
Purchasing Agent Piti
Vasquez said.
"I thought it was wrong.
I remember voting
against that too,"
Haggerty said.
Vasquez said the bid
process on that project
was unusual.
"Betti was supposedly
the leader of the pack,"
he said. "She was really
involved in that one.
They threw me out and I
was not to have anything
to do with it. When they
would want to do things,
they would get me out of
the loop."
C.F. Jordan President
Paco Jordan could not be
reached for comment
Friday evening.
Count 4
The fourth count of
conspiracy to commit
mail fraud states that
Flores obtained money
and property by false
pretenses in her
misdemeanor case in
exchange for her vote to
settle a lawsuit.
The description in this
information is minimal,
but Flores was alleged
in Ketner's information
to have exchanged her
vote on a lawsuit
regarding sheriff's
overtime pay for getting
legal representation for
18 counts of filing
untimely or incomplete
campaign finance
reports. The Ketner
document continued to
state that lawyer Martie
Jobe was in on the
conspiracy as the lawyer
for the sheriff's
association, and sought
Flores' vote in the
settlement agreement,
which called for the
county to pay officers
$635,000 to get the
lawsuit dismissed.
Ketner would represent
Flores in exchange for
the vote.
Jobe filed a lawsuit
against Ketner last
month for defamation and
civil conspiracy for his
allegations in this
matter.
Count 5
In the fifth count,
Flores is charged with
taking money and other
benefits in exchange for
her vote to settle a
lawsuit against El Paso
County over a tract of
land owned by the county
and to sell the land.
In 2003, the Texas
Supreme Court ruled in
the county's favor in a
decade-long lawsuit
filed by Catalina
Development and its
founder, Greg Collins,
the brother-in-law of
state Rep. Pat Haggerty,
R-El Paso.
The Commissioners Court
had voted to sell the
land to Collins for $2.5
million in the early
1990s, but reversed its
decision, prompting
Collins to sue.
Despite the Supreme
Court decision, the
lawsuit was still active
later in 2003 when the
Commissioners Court
voted 4-1 to sell 302
acres of the parcel for
at least $3 million to a
group representing
Collins' interests.
That group included
lawyer David Escobar and
other developers,
including Tropicana
Homes, who were
threatening to continue
the lawsuit against the
county.
El Paso County Attorney
José Rodríguez openly
challenged the sale of
the land without bids,
saying it would violate
state law. He also
refused to represent the
county further in the
matter.
"I am not giving them
any further advice on
this case," Rodríguez
told commissioners in
December 2003.
But at a special meeting
unattended by the public
later that month, the
Commissioners Court
voted on a motion by
Flores and seconded by
Haggerty to sell the 304
acres for $3.04 million
to Catalina Development.
When questions about the
action arose the
following month, former
County Judge Luther
Jones, currently an
alleged target in the
FBI investigation,
warned the Commissioners
Court that the clients
he and Escobar
represented would raise
the stakes in a new
legal action over the
property if the Dec. 22
action did not stand.
Count 6
The sixth count states
that Flores and other
uncharged
co-conspirators schemed
to make payments to
Flores in the form of
campaign contributions
in exchange for her vote
on a contract for the
digitization of court
records for the district
clerk's office.
The bid was never
awarded.
"The FBI is
investigating that one,"
Vasquez said.
He said District Clerk
Gilbert Sanchez wanted
an imaging system that
would cost about $53
million. Sanchez is also
part of the Ketner
document in which Ketner
alleges that the case
distribution system was
compromised. Sanchez has
filed a criminal
complaint against Ketner.
Sanchez said he did not
have anything to do with
the charges to which
Flores pleaded guilty.
"My attorney said it
doesn't involve me
personally or the office
other than that is being
mentioned in this
contract," Sanchez said.
Haggerty said the
charges against Flores
have harmed the
Commissioners Court
greatly, slowing down
its normal business.
"I don't know what to
think," he said. "This
is the wildest thing in
all my years of being in
politics."
He said many in the
community now view the
entire court as being on
the take.
"We're all being painted
with the same brush at
Commissioners Court,"
Haggerty said. "I look
down that row of people
thinking I'm one of
them. I find them to be
so arrogant and
difficult and hard to
deal with, but wait a
minute, I'm just as
goofy as they are. Now I
can say I'm not."
He said he enjoyed
Flores when she was on
the court.
"Betti is Betti. She was
kind of da da da da da
da da," Haggerty said.
"She was a sweet,
cheery, jubilant gal,
fluttering around. I
can't believe she could
have plotted and
planned. It's just sad."