Showing posts with label EB-5. Show all posts
Showing posts with label EB-5. Show all posts

16 February 2017

They're baaaack.... or, Further Updates from South Dakota

by Eve Fisher

Here in South Dakota, we never quite do things the easy way.  As you may or may not remember, last November, we South Dakota voters passed four voter initiatives:

  • Amendment R, which transfers control of tech schools from local school boards to a new... something
  • Initiated Measure 21, which caps payday loans at 36%
  • Amendment S, "Marsy's Law", "creating constitutionally protected rights for crime victims"
  • Initiated Measure 22, on campaign finance reform.

So far Amendment R and Amendment S have been left relatively untouched.  Except that crime victims have to opt-in for their rights under Marsy's Law (something nobody mentioned in the high-profile ads that were running non-stop before the vote), and names, addresses, etc., may continue to be given to news media, insurance companies, etc.

But IM 21 is under challenge, thanks to a House Bill 1090, which - while keeping 36% as the maximum interest a lender can charge, adds all sorts of new fees that a lender can charge, including "fees for optional maintenance agreements and extended service contracts, official fees and taxes, sales tax, title fees, lien registration fees, and dealer documentary fees. Late fees, return check fees, and attorneys' fees incurred upon a consumer default." No wiggle room there, eh?  (Why do I get the feeling that someone in the legislature was trying to text Chuck Brennan - "come back!  all is forgiven!")

Image result for 2017 south dakota legislative session
Governor Daugaard, chastising the voters
And IM 22 - well, we've made the national news with that one. Governor Daugaard, who offered to veto it as soon as it passed, is still in a snit. “They were hoodwinked by scam artists who grossly misrepresented these proposed measures." To be fair, he has some reason to be upset and in a hurry to veto it:  "Gov. Dennis Daugaard has more than a million dollars in his campaign account which, if this law is killed by his legislators, he will be able to put into his own bank account. If IM 22 is able to stand, he will not be able to touch the money." (Argus Leader)

Meanwhile, our legislature is shocked, appalled, and offended that we think so little of them to have passed IM 22.  Some of those ads depicted lobbyists handing out cash!  As if they'd ever do that! After all, there is no corruption in this state.  EB-5, Gear-Up!, and that little sex scandal have all been taken care of.
NOTE:  Under the "you can't make this stuff up" column, our legislature rejected a bill to ban legislators from having sex or sexual contact with interns.  (My favorite defending quote, not to mention defender:  "I'm hesitant to pass something when we get into itemizing every potential wrongdoing that a legislator could commit, lest this become a criminal code rather than a code of ethics," Rep. David Lust, R-Rapid City.)  Seven days later, SD Representative Matt Wollman admitted to sexual contact with two interns and a few days later, resigned. But that doesn't mean we need any laws against that kind of thing...  
Anyway, the SD Legislature would like you to know that there is no corruption, no problems, IM 22 is unconstitutional, that's all (but they won't wait for a ruling from the SD Supreme Court), we voters were hoodwinked by out of town money (not that that's a problem when it's our legislators going to ALEC conferences on ALEC's dime, or when ads starring Kelsey Grammer and paid for by California billionaire Henry Nicholas are pushing Marsy's Law), and so they are pushing their anti-IM 22 legislation "emergency legislation". What's the emergency?  Well, under our constitution, emergency legislation is exempt from any referendum of, by and for the people (Article 3, Section 1).  So...  our SD Legislature's message seems to be pretty much, "sit down, shut up, you had your vote, you were wrong, and we say to hell with you."

IMG_0058
In a strikingly tone-deaf picture, four of our legislators -
who'd just voted to kill a commission to enforce
campaign finance regulations - posing with
make-believe “gold” watches that contained candy.
You really can't make this stuff up.
I understand that attitude has become a trend.  As this GOVERNING  headline says, "Don't Like the Ballot Measure Voters Approved? Just Ignore It, Some Lawmakers Say."  And the article says that we South Dakotans are not alone...

Anyway, on February 1st, our legislature struck down IM 22, taking time to lash back at the IM-22 campaign that painted them as corrupt, self-dealing politicians.  "I've not known anybody to accept a bribe, I've not known anybody to offer a bribe. In South Dakota, while we're not infallible, that has never been a concern," said Sen. Brock Greenfield, R-Clark. "There are no gold watches, there are no bags of cash."  (ARGUS LEADER)

Really?  First of all take a look at the picture to the right, my friends.  Real classy, huh?

And, for Valentine's Day, South Dakota Senate killed a bill which would have set up a commission to enforce campaign finance law.

And then there are the idiots out there:  Rookie SD Rep. Neal Tapio (R-5/Watertown responded to a question about getting rid of Medicaid by saying (timestamp 54:35), “I want to kill it altogether.”
Three minutes and fifteen seconds later, in response to a follow-up question about how we proposes to take care of elderly, children, disabled, and other folks currently on Medicaid, Rep. Tapio said, “I’m not saying that we get rid of it.”

NOTE:  Rep. Neal Tapio was Presidential candidate Donald Trump's state campaign chairman...

Meanwhile, other times, other scandals...

joop.jpgAllow me to re-introduce you to Joop Bollen (a Dutch foreign national), who somehow was allowed by our own then-Governor Mike Rounds (currently our US Senator) and our current Attorney General Marty Jackley, to privatize EB-5 (cash for green cards, largely used by Chinese investors) and turn it over to himself via his own corporation (SDRC, Inc.).  Last April, AG Jackley finally indicted Bollen, for "misappropriating" funds - at the time counted at $1.2 million.  Yesterday, Mr. Bollen pleaded guilty to one felony count and got... 2 years probation.  ("Authorities" say he paid back most of the money, except for $167,000.)

This might not bother me so much if there still weren't $120 million missing from the EB-5 program, which had to have gone somewhere.

It also might not bother me if a woman in Sioux Falls wasn't facing 10 years for embezzling $57,000.00.  My bet is, she'll do time in prison, not probation.

Well, that's it for now.  More later, from South Dakota, where we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.

 




14 April 2016

If Only We Had LAWS Against This Stuff...

by Eve Fisher

"If only we had LAWS against this stuff..." and other crazy statements:

Okay, a few reminders just to catch everyone up.
    Joop Bollen and then-Governor,
    current SD Senator, Mike Rounds,
    in happier days
    • Back in 2009, Joop Bollen was appointed to run EB-5 - which was a federal program designed to trade green cards to foreign investors for $500,000 a whack - by our former governor, current Senator Mike Rounds, who, when questioned recently about all of this, said, "The state of South Dakota would use different federal programs on a regular basis and you always assume that if the federal program is in place that they have a control process in place. We’re finding in some cases that that is not the case " (Mike Rounds interview).  Like when you put Joop Bollen in charge of that federal program, allowed him to privatize it in SDRC Inc., and told everyone what a great job he was doing?  (I swear to God, you can't make this stuff up... Sadly...)  
    • There's still as much as $120 million missing from the EB-5 program. 
    • For two years, the only person held responsible for any missing funds was Richard Benda, who according to our fearless AG shot himself in the stomach with a shotgun in a field because he'd embezzled $500,000.  
    AND NOW FOR THE LATEST !!!  HEADLINE NEWS !!!

    Image result for eb-5 south dakotaFirst of all, our own Attorney General, Marty ("I'm going to be running for governor in 2018, so I need to get something on paper") Jackley has FINALLY indicted Joop Bollen on five felony counts of violating SDCL 44-1-2, “unauthorized disposal of personal property subject to security interest.” In other words, Bollen used EB-5 money, transferred to his own private corporation, SDRC Inc., for his own personal purchases.   $300,000 here, $96,000 there, to a total of about $1.2 million. He sent some to Pyush Patel of Griffin, Georgia (who owns gas stations and has been participating in Bollen's corporation creationism since 2005), some Bollen just pocketed, and some (and this is my favorite part) Bollen spent on Egyptian artifacts from Christie's and the Harer Family Trust.

    NOTE: Bollen, through his lawyers, claims he's being scapegoated.  Mr. Bollen is also free on an unsecured $2,500 bond. (That should make you spit your coffee out in shock:  let's face facts, you'd have to post a lot more money than that if you'd just robbed a casino and gotten only $200 bucks.)

    NOTE WITH FACEPALM:  Nor has the Dutch born and raised Bollen been asked to surrender his passport.  Jackley said that “at this point” he “did not have concern” about the passport, “as long as we’re made aware of certain travel,” since Bollen has “significant ties financially to this community.” (Bollen Initial Appearance - dakotafreepress.com - once again, thanks Cory Heidelberger for GREAT coverage!)  Again, you'd have a rougher time of it if you'd robbed a casino and gotten only $200 bucks...

    And here's the best part: Right now our fearless AG Jackley - who, as I said, for 2 years has blamed Richard Benda for any and all EB-5 problems - is now blaming the whole mess on (drum roll, please!) a lack of tough laws making conflict of interest a felony! Personally, I would have thought that our laws making embezzlement, fraud, etc., felonies would have been enough, but apparently not.  We need more.  So it's really all the South Dakota legislature's fault...

    Oh, and one quick note about the Gear Up! scandal (6 people dead and counting) and the missing Westerhuis safe (The Chinese Are Coming). “I don’t know where that safe is at,” Jackley said. “I don’t know if it burned in the fire or if Scott Westerhuis took it out and threw it in the Missouri River.” (Jackley Conspiracy Theories, Argus Leader)  Feel free to insert obvious questions here:

     __________________________________________________________________________

    US District Attorney Marty Jackley.png
    Marty Jackley
    Meanwhile, Mr. Jackley, having apparently solved everything about EB-5 and Gear Up! (except that pesky $118.5 million in EB-5 money, the pesky $4 million in Gear Up! money, and the pesky missing Westerhuis safe), is far more interested in investigating the destruction of the Flandreau Santee Sioux Tribe's marijuana crop in November (some of the burning was shown on television) after the tribe suspended plans to legalize marijuana on its reservation.
    "I don’t think for a minute that they destroyed $1 million worth of marijuana. I don’t know where that went and it’s an open case. We never shut that case," Jackley said in an interview with Argus Leader Media. “We never got an opportunity to check what was destroyed." (Up in Smoke?)  

    Priorities, priorities...

    And now, repeat after me: "Life is always going to be stranger than fiction, because fiction has to be convincing, and life doesn't." Author Neil Gaiman.

    Will keep you posted, from South Dakota, where we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.