N.M. Stat. § 59A-41-43.2
Liability for participation in fraudulent transfer or
voidable preference.
A. Every officer, manager, employee, shareholder, member, subscriber, attorney or
any other person acting on behalf of the insurer who knowingly participates in giving any
preference or in any fraudulent transfer when he has reasonable cause to believe the
insurer is or is about to become insolvent at the time of the preference or transfer shall
be personally liable to the rehabilitator or liquidator for the amount of the preference or
transfer. It shall be a rebuttable presumption that such was the case if the transfer was
made within four months before the date of filing of a successful petition for
rehabilitation or liquidation.
B. Every person receiving any property from the insurer or the benefit thereof as a
voidable preference or as a fraudulent transfer shall be personally liable therefor and
shall be bound to account to the rehabilitator or liquidator.
C. Nothing in this section shall prejudice any other claim by the rehabilitator or
liquidator against any person.