ALBUQUERQUE — The U.S. 10th Circuit Court of Appeals in Denver has denied an appeal by former state Treasurer Robert Vigil, who was convicted of attempted extortion in a corruption scandal prosecutors said spanned the terms of two state treasurers.
Vigil’s appeal contended the evidence used to convict him was not sufficient, but the appellate court affirmed the conviction in an opinion filed Tuesday.
Defense attorney Sam Bregman said he will ask the U.S. Supreme Court to overturn the 10th Circuit Court’s decision.
“There’s plenty of fight left, and we will continue to fight this legal issue because we believe we’re right,” Bregman said. “We’re still very firm in our belief that Robert Vigil committed no crime for which he was convicted.”
Vigil was convicted in September 2006 of one count of attempted extortion by a jury that acquitted him on 23 extortion and racketeering charges. The conviction came in Vigil’s second trial; his first ended in a mistrial when jurors could not agree.
Prosecutors contended Vigil used his influence as state treasurer to force former treasurer’s office employee George Everage to hire Samantha Sais, the wife of former Treasurer Michael Montoya, Vigil’s predecessor in office.
Montoya, treasurer in 1995-2002, started the scheme that involved kickbacks from investment advisers who helped arrange bids on investments.
Prosecutors said Vigil modified the scheme after succeeding Montoya in 2003. Vigil was deputy treasurer during part of Montoya’s tenure.
Everage testified that Sais told him Vigil owed Montoya a favor and that her job was to be a payback. Everage didn’t want to hire her because he said he didn’t need her assistance and felt she was unqualified.
Defense lawyers argued in the appeal that prosecutors never proved Vigil’s actions broke the law because Vigil didn’t try to obtain property from Everage.
The court, however, said attempted extortion does not require that Vigil “actually obtain property but only that he attempted to induce his victim to part with property.” The appeal also argued that Vigil never threatened Everage with economic harm.
Vigil contended his conduct was simply hard bargaining, but the appellate judges said Vigil’s characterization of the facts was too narrow.
“A rational jury could certainly conclude that Mr. Vigil’s conduct was not mere hard bargaining, but the exploitation of the fear of economic loss,” the court said in the opinion written by Judge Paul Kelly of New Mexico, a former state legislator.
The court said Vigil also ignored the fact he was charged with attempted extortion, “so the government must only prove a substantial step toward commission of the crime and not the completed offense,” the court said.
Vigil is serving a 37-month sentence at a correctional institution in Colorado.
Montoya, who pleaded guilty to a charge of racketeering, was sentenced to 40 months.
