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USCIS Termination Notice: Bollen, Benda, GOED Broke EB-5 Rules

Bob Mercer did fine work over the weekend summarizing the main findings in the 18-page letter USCIS sent the Governor’s Office of Economic Development on September 28, 2015, informing GOED that South Dakota is too corrupt to keep the Regional Center designation necessary to continue participating in the EB-5 visa investment program.

Now you can read that letter yourself.

USCIS says we can’t have an EB-5 Regional Center anymore because the state—not just self-privatized EB-5 czar Joop Bollen, but the Governor’s Office of Economic Development as well—”provided inaccurate or incomplete information to USCIS on its annual Form I-924A filings for fiscal years 2010, 2011, 2012, 2013 and 2014″ [USCIS to SD GOED, “Notice of Intent to Terminate,” 2015.09.28, p. 6]. Joop Bollen would have filed the reports for 2010–2012; after the state canceled Bollen’s EB-5 contract in September 2013, completing the 2013 and 2014 reports fell on GOED’s Hunter Roberts.

Perhaps more importantly, USCIS says South Dakota lacks credibility to use EB-5 visa investment for its intended purpose of creating jobs. USCIS says that Bollen and his GOED/NBP comrade Richard Benda diverted EB-5 investment dollars to expenses that had nothing to do with creating jobs or fulfilling any part of any business plan filed for the business supported by these foreign investments. USCIS lists several draw requests made by Bollen and Benda in 2011 and 2012 from funds designated for Northern Beef Packers:

  • $550,000 SDCI Summary Judgment Settlement Payment
  • $70,000 Young Family Settlement payment
  • $150,000 Blake Witkin S/T Loan [what?! Blake Witkin, Canadian angel investor? Nah, couldn’t be….]
  • $1,390,000 Loan repayment to Song…
  • $727,000 Agent fees
  • $52,000 Korean Meal Expenses and Housing Expenses (from 7/31/2012–8/22/2012), this was listed under “plant operating costs”
  • $43,000 Korean Labor, listed under “construction hard costs”
  • $200,000 SDRC legal costs [USCIS to SD GOED, 2015.09.28, p. 11]

USCIS concludes that “This diversion of EB-5 funds away from job creating purposes casts considerable doubt on the Regional Center’s ability to promote economic growth.”

USCIS finds further evidence of this untrustworthy and EB-5 violative diversion of funds in Northern Beef Packers’ inexplicable transfer of money to Cyprus-based Ultracare Holdings Limited. Recall my November 14, 2013 report:

During the first year of construction, Northern Beef Packers made at least three wire transfers to an offshore account held by Ultracare Holdings Inc. at P.O. Box 957, Offshore Incorporations Centre Road, Tortole, British Virgin Islands. NBP bank statements list what looks like a $504,350 wire transfer to Ultracare in December, 2007; $308,500 on January 4, 2008; and $687,225* on April 21, 2008.

You can view annotated snippets from the three relevant bank statements here.

Ultracare Holdings Limited is based in Cyprus. It is a subsidiary of Globaltrans Investment Inc., a freight rail company in Russia [CAH, “Northern Beef Packers Dealt with Russian Rail Offshore Subsidiary in 2007-2008,” Madville Times, 2013.11.14].

USCIS disagrees with my reading of the third bank statement, contending the April 2008 transfer was $887K, not $687K. But USCIS agrees with me that investing in an offshore branch of a Russian rail company has darn little to do with creating jobs in an Aberdeen beef plant:

It is unclear from the evidence presented to USCIS, including the business plan, how Russian rail transportation, railcar leasing and the repair and maintenance of rolling stock relates to the NBP, LP state business plan of constructing and operations a meat packing plant, and the promote of economic growth within the Regional Center’s geographic area. Rather it appears that Northern Beef Packers used EB-5 funds to invest in a holding company  which was a deviation from the business plan and diverted EB-5 funds away from job creation The diversion of EB-5 funds by an NCE [New Commercial Enterprise] sponsored by the Regional Center casts considerable doubt on the Regional Center’s ability to promote economic growth [USCIS to SD GOED, 2015.09.28, p. 12].

More details in the letter support what the above items lay out quite clearly: Joop Bollen, Richard Benda, and the Governor’s Office of Economic Development broke the rules of EB-5. They didn’t file accurate reports, and they used money in ways it was not supposed to be used. South Dakota now gets a grave black eye as the only state in the Union banished from participating in EB-5 visa investment.

214 Comments

  1. jerry 2015-10-22

    A couple of things that show on this is about the Korean workers to finish the job at the plant with construction. How was the contractor’s excise tax paid to the state and who paid it? How about the unemployment insurance and what about the Workmen’s Compensation that the state of South Dakota requires? How was that all justified and who justified it?

  2. Jim 2015-10-22

    In order to get elected, Smiling Mike had to tell us what a great EB-5 was as a tool for economic development, despite the various bankruptcies, mismanagement, improper conversion and missing money. This notice of intent to terminate now presents a political problem for Mike/Dennis as they can’t hang it all on Benda, and we are going to lose opportunities they have already publicly touted as good. This is now much different then simply the 550K Benda paid himself, and no longer the actions of one man.

    Notice came on 9-28-15 and the suit against Bollen finally is filed 10-16-15, some two years after the fact. This is being done so SD can ask the feds to reconsider the termination. I don’t believe the Gov really wants the info he is asking for, or at least certainly doesn’t want the public to have it. If a court says Bollen doesn’t have to turn over the stuff, I’m sure that would be just fine with the GOED and Dennis who can say they tried. Asking for the info in the suit after getting notice doesn’t change the Feds findings and I hope it says too little too late SD – we are still terminating.

    The AG’s claim of a conflict is a crock. It pursues situations it investigates basically all the time. The only conflict is with the AG’s desire to become governor. Time for Harv and Sveen to circle the wagons, but they are likely to have a little blood spilled on this one before the dust settles. Better theirs than Mike’s or Dennis’ right?

    If Sveen tries to represent Bollen, Bachand should seek to disqualify him as attorney bc he is a witness. His involvement where public, or with actions disclosed to 3rd parties are not privileged so he could be deposed or forced to testify on some things.

  3. jerry 2015-10-22

    CH, this all reads like reporting from Madville Times. It really looks almost like verbatim from your reporting those facts some time ago. I think that those involved should be impeached for the dereliction of duty to the state they supposedly represent. Of course that will not happen as there are plenty of supporters out there that have stood to gain off there skulduggery. Rounds needs to do some splaining on why he and Daugaard along with Jackley should not be sent to the woodshed. Those Aberdeen attorneys that did the manipulating should be bought to task as well.

  4. leslie 2015-10-22

    1st, it is unquestionable we will see rounds daugard jackley blame it all on benda (now we see payments suggesting why he prolly wasn’t sleeping through the night) and joopeedupe.

    next, cory, not like u don’t have anything else to do;when did joop go private, filing annual reports to Immigration? i just don’t remember.

  5. leslie 2015-10-22

    sveen is likely feeling the perspiration dripping down his ass-crack (old Joe Butler Esq. story). now where are those skeletons? hope those legal fees were worth it.

  6. mike from iowa 2015-10-22

    My figures come to between $3955075 and $4155075 in expenses depending on whether you use $687000 or $887000. That is more than my monthly SS check fer darn sure.

  7. leslie 2015-10-22

    $516,000,000 is shown on USCIS documentation as “aggregate EB5 capital investment”, p.5, notice termination. I had read $600,000,000 some time ago here. lotta cash flow. will we see a $ billion?? sucks to be a republican doesn’t it?

  8. leslie 2015-10-22

    so after 5.08.08 joop was on his own, private company, he filed reports to USCIS on his own, until the intelligent new NSU president blew the whistle?

  9. leslie 2015-10-22

    6.25.08 i mean. hmmm. US economy was melting down too. Just 7 months before Reps. Paul (R. ) and MCCarthey (R. CA) met with Newt for their 4 hour obstructionism dinner as obama was dancing the night away 1.20.09!!

  10. Michael Boswell 2015-10-22

    While it is obvious that the SDRC was a fault for the bulk if this list of items. There isn’t anything that specifically new or unknown here. Again there is no wrong doing to a specific person, even with in the SDRC. Most of this is again Corey’s Opinion on who is at fault. It doesn’t specify anyone in the Office of Economic Development had any knowledge of went on in SDRC. Again this isn’t specifically a South Dakota problem as pointed out in the last thread. And as others have pointed out this was regulated to a very small Federal Government office (US Customs). Corey still has proven any corruption (criminal negligence) in the Governor’s office or even the Board of Regents for that matter. Again this is a political whipping stick that the Democratic Party continues to use without anyone in the BOR or Governor’s office. Corey, Bob, and others like to point fingers and blame, but they haven’t proven guilt at the BOR or Governor’s Office. So they are providing no solutions and are part of the problem. Screaming Corruption doesn’t make it so, and is against the intent of the US Constitution that says Innocent until Proven Guilty. There are plenty of examples in South Dakota have embezzled money from companies and the bosses didn’t know anything. Unless you can prove the Bosses knew and were either ok or taking those monies you have nothing. Either prove corruption or move along.

  11. Michael Boswell 2015-10-22

    oops hasn’t proven

  12. jerry 2015-10-22

    How did Benda get the $550,000.00 check and who gave it to him….Why was that?

  13. Porter Lansing 2015-10-22

    You must be sweatin’, Boswell. Take some time and gather your thoughts. Maybe proofread your comments so we don’t have to struggle to read them.
    There’s only one solution … transfer the whole mess to an investigation headed up by Commerce or Ag. ’cause South Dakota Republicans apparently don’t have any friends in Immigration and Customs. Besides, they’re now a “small agency”. Only 20,000 employees in 400 offices. ‘
    We’ll just wait for the other shoe to fall, Boswell. Justice moves slow but it never sleeps. How about you? PS …. “Move along.” lol Tell it to the judge.

  14. leslie 2015-10-22

    cory, was the virtual deposition of joop taken 4.16-18.14 and the 4.14.14 deposition taken regarding the california debacle?? notice termination P. 14.

  15. leslie 2015-10-22

    jerry as i recall, from cory’s work, benda hand carried that check to a person in the administration who approved it for payment and then benda hand delivered it to NBP so they would give him back the cash, or something like that. The check was to NPB in construction reimbursement or something and was restrictively endorsed so it had to go to benda. it was two years future salary for bemda as loan monitor, payable to him from Joop or SDRC or Joop’s SDRC, Inc., or some happy horsesheit like this.

    I think it was from rounds admin., but it could have been later during daugaard’s. all these details are either in cory’s blog record, this beautiful time line and record of USCIS, or maybe some of this was Duffy’s work too. some one said toast is up?

    boswell, you are a funny dude. you are a little late putting the tooth paste back in the tube. doh! p.s. my advanced post-secondary degree is bigger than yours!

  16. jerry 2015-10-22

    I did not have luck in finding that information, so thanks leslie. It would appear then that the Marion Rounds was fully aware of the transfer of moolah to Benda as that is a lot of coin to be walkin around money. Bos is just trying his damndest to defend the crooks and liars. This USCIS tells the tale that so that it will take a bigger cat than Bos to cover up this turd.

  17. 96Tears 2015-10-22

    The Coen Brothers should work up a movie on the corrupt Rounds/Daugaard/Jackley regime, starting with a gun blast in the belly of a blurred figure and casting these crooks in Pierre as the weaselly, half-wit creeps they are in real life. Voters would be simps who don’t care for politics and who live by the lie, somewhere in the middle lies the truth. And it should also feature characters who are the turd polishers and self-appointed spin artists, like the amateur a couple comments above this, who put their energies into telling people what they really are witnessing is not happening at all. Just move along.

    Working title: “Dead Men Tell No Tales.”

  18. bearcreekbat 2015-10-22

    Just a small point for Boswell – he incorrectly says “the US Constitution that says Innocent until Proven Guilty.” There is no such language in the Constitution. While the 5th and 6th Amendments address our rights if accused of a crime, such as the right to a grand jury indictment, the right to remain silent, right to a speedy trial, right to confront accusers, subpoena power and right to an attorney, there is simply no mention of a Constitutional right to the presumption of innocence.

    The SCOTUS first ruled that a presumption of innocence exists in American law in 1895 in the case of Coffin vs. U.S. The SCOTUS opinion gives a history of the presumption of innocence all the way back to Deuteronomy, but makes no mention of any Constitutional provision as the source of this important presumption.

  19. leslie 2015-10-22

    hahaha-there was a secretary for joop or benda or both with a different kind of name…she may know something and I am sure she is on someone’s witness list! the name is worth it, it is funny or odd.

  20. Michael Boswell 2015-10-22

    While the constitution specifically doesn’t mention it, but is a protected liberty that rests within the 4th, 5th, and 6th Amendment. It has eloquently been spoken of by our founding fathers. It’s a right that all persons must have. To paraphrase John Adams. Allow 1000 guilty persons go free so that not 1 innocent person be found guilty. Because if that occurs no one is secure.

  21. mike from iowa 2015-10-22

    Bos,let me see if I can lighten your load. SDRC is/was/will always be Joop Bollen specifically. Hey that rhymes. Am I good or what? You want specific guilty parties-you got him.

  22. mike from iowa 2015-10-22

    Wingnuts take that Adams paraphrase to heart-they are more than willing to allow all wingnut mass murdering war criminals go free so they can bring the wrath of Joe McCarthy down on HRC.

  23. leslie 2015-10-22

    bos- you think this right is more/less important than the right to vote?

  24. LK Burghardt 2015-10-22

    Our legislators in Pierre don’t think we need an independent oversight committee. Of course they don’t! The corruption reaches far and wide through our entire state government. Now let’s investigate even more and fire everyone who let this go on right under their noses. Anyone involved should be permanently banned from being able to run for any elected office.

  25. Roger Cornelius 2015-10-22

    bear,
    Thanks for that information, hopefully Boswell will now quit repeating that fallacy. Apparently Boswell thinks repeating it will make it a fact.

    For the past several years Cory, and the Feds I presume, have been laying out a circumstantial case regarding the whole EB-5 case. As we all know circumstances are not fact but can lay out a pattern of behavior and actions that can lead to guilt.
    That said, with each and every revelation from the Feds we learn a little bit more of how EB-5 operated.
    Boswell continually demands proof that Rounds/Daugaard did anything illegal, we aren’t quite there yet, Boswell, but we are gaining ground.
    As I have poured over the reporting of Cory and Mercer there is a pattern of deception, which isn’t illegal, but helps point to a circumstantial case and raises more and more questions.
    I suspect the hard evidence that Michael Boswell demands will come when we learn exactly who signed off on all these cash discrepancies. Somebody knows about that $5 Million in missing funds, someone knows about the bloated expense accounts, and all the evidence Cory and Mercer have provided.
    Also, as Jerry pointed out in the very first comment above, who provided the unemployment insurance for the Korean workers, who filed their W-2’s, and who signed their paychecks?
    A part of the crony capitalism corruption in this state is favoring advertising agencies, insurance companies and their favorite suppliers of goods and materials in all aspects of state government.
    This lack of transparency is the number one reason numerous websites rank South Dakota in the top ten of most corrupt states.

  26. Flipper 2015-10-22

    For God’s sake Boswell, get Cory’s name right. It’s CORY, NOT COREY. It’s bad enough having to read through your word salad posts fraught with punctuation errors. The least you can do is spell Mr. Heidelberger’s name correctly.

  27. larry kurtz 2015-10-22

    Aside to this discussion a GOP New Mexico Secretary of State is circling the political drain after gross malfeasance.

  28. Rorschach 2015-10-22

    My recollection is that the secretary for Benda or Bollen or whoever was named Pussy Galore.

    I’m glad somebody has taken some action on this because you sure can’t trust the Republicans to do any more than the minimum they think they have to do. This whole fiasco shows the need for some checks and balances in Pierre. I do think that Gov. Daugaard just inherited this mess, didn’t create it, and is just trying to clean it up. But I also think he and Marty Jackley are trying their damnedest to cover for their mentor Mike Rounds.

    I sure hope Ms. Galore or someone else is able to deliver answers to the question of how much money Mike Rounds and his brother Jamison Rounds were able to skim from EB-5 related activity. Man, the Republicans running the state really don’t want that information to get out. Might harm the party. Party first. Taxpayers second. Good government … only if it serves the interests of the party.

  29. Roger Cornelius 2015-10-22

    Larry,
    Rounds again blaming the failure of EB-5 on the lack of oversight by the Feds. Seems to be a republican pattern.

    Mike Rounds and his crew owe no responsibility for maintaining the EB-5 program, there thinking is “yeah, we stole the money, but you shouldn’t have left it on the kitchen table”.

  30. caheidelberger Post author | 2015-10-22

    Michael Boswell will rock himself to sleep tonight by scrawling “Corey’s Opinion” on all the facts he doesn’t like and thus pretending those facts aren’t real.

    Michael, eventually truth catches up with all of us… and sustaining lies gets too darn tiring.

  31. jerry 2015-10-22

    Marion Rounds did declare that he had 9 million buckaroos to fuel his senate campaign. Even Stan would not have given the boy that much moolah. Had to come from someplace so maybe Joop floated it to him.

  32. grudznick 2015-10-22

    Mr. Boswell, it is clearly the mode of operation of some here to simply scream CORRUPTION or NO-BID, NO-BID, NO-BID over and over until the 6 or 7 rabid libbies who live this stuff have it tattooed on the frontal lobes. But you are right, there is no proven corruption or even accusations of it outside of blogs. You haven’t even seen any in the media.

    And all this talk about “lost money” presumes that these people advocate that our government should have been in this business in the first place, keeping the E-B500K fees and using it as a perpetual funding source to pay good teachers more money. If you don’t believe your government should be in that sort of business then there is no “lost money.” Id Ad Etum or Hoc Facto or whatever it is that debaters say when they win an argument with no doubt and cannot be disputed. Hoc Facto.

  33. larry kurtz 2015-10-22

    correction to grud the tater inhaler: no adjudicated corruption…so far.

  34. larry kurtz 2015-10-22

    Listen to the SDPB report and hear Mike say that the feds aren’t talking to him anymore but have moved on to interrogating witnesses inside his circle.

  35. Michael Boswell 2015-10-22

    Cory (thanks for the correction) What is more tiring is the constant beating of the EB5 stick, again get on with it. It’s been over 2 years now. Watergate didn’t take that long. As far as the right to vote is equally a protected right, but the results of the 2014 Election shown EB5 was as important as Lora Hubbel moving over to the Democratic party.

    I will Cory this he is at least fair in his responses to me. I didn’t say your facts were not real, I said it wasn’t enough to prove anyone guilty of a crime. There is a difference.

  36. caheidelberger Post author | 2015-10-22

    Michael, do you say the same to USCIS? Should they have looked at this corruption and said, “Yeah, but people are tired of hearing about it, so we shouldn’t take any action”?

  37. Michael Boswell 2015-10-22

    The USCIS didn’t say anything new, and didn’t specifically point to a person. They obviously weren’t concerned with Corruption or finding Guilt. They were explaining why they aren’t going to let SDak administer EB5. That doesn’t mean EB5 is done in SDak. The USCIS could award a private contractor this area.

  38. larry kurtz 2015-10-22

    Somebody tampered with a federal witness by tipping off Rich Benda if that’s the official narrative.

  39. larry kurtz 2015-10-22

    If there was a leak from a federal grand jury that tipped Marty Jackley to prepare an indictment that’s a federal crime.

  40. Michael Boswell 2015-10-22

    I should be more specific allow SDRC to administer EB5.

  41. larry kurtz 2015-10-22

    Neil Fulton looks like the next guy to find himself in a shelter belt with a shotgun.

  42. grudznick 2015-10-22

    If this USCIS outfit awards another private entity, like that private entity that Mr. Yope ran before, I bet they watch it tighter. Probably tighter than most. And still we won’t have the more money to pay to good teachers unless we tax it. We should be taxing any E-B5 companies a really big amount and funnelling that money to salaries for good teachers.

  43. moses 2015-10-22

    Imagine a state auditor, who would investigate Platte,Where is our Govenorr do nothing on this.

  44. mike from iowa 2015-10-22

    Bollen’s contract with himself (he had James Park of SDIBI collaborator Hanul Professional Law Corporation sign on behalf of SDRC Inc. to avoid the patent silliness of placing Bollen’s names on both lines)

    Like I said before,Bollen is/was/will always be SDRC. You can’t get much more specific than that. This paragraph came from Madville Times 9/9/14

  45. mike from iowa 2015-10-22

    leslie,I wondered about that. Couldn’t find much about Dakota Reporter except it is still in business. Having said that,I can’t imagine a lawyer for NBP making stuff up to protect Rounds,Bollen or anyone associated with this mess.

  46. mike from iowa 2015-10-22

    I also can’t figure why Jackley would state in October of 2013 that there were no laws broken and therefore the state wasn’t going to try to retrieve the money Benda took and then claim Jackley had drawn up indictments in October of 2013 to have Benda arrested for theft before the so called suicide). Way too many weird happenings going on that should have had independent and federal investigators looking into clear back in 2013.

  47. mike from iowa 2015-10-22

    and then there is Grudz who can’t spell hog factory.

  48. bret clanton 2015-10-22

    Are you a paid GOP shill Mr. Boswell? You show up from nowhere and now are trying to dominate the conversation….
    Also who is it that is feeding Mr. Mercer the info in Pierre?…

  49. mike from iowa 2015-10-22

    Good one Bos,let’s give EB-5 right back to private contractor Bollen who is SDRC in it’s entirety. Do you even read before you post?

  50. Michael Boswell 2015-10-22

    Nope no one pays me there Bret. I am a fifth generation South Dakotan. Family homesteaded in the Castlewood Area. I am not hiding behind a screen name. Just the real deal here.

  51. Michael Boswell 2015-10-22

    Do you think Mike that someone will not offer the USCIS to take over the area that SDRC covers? This Fed money to administer these programs pay better than many jobs in the state. I would imagine that the State may just find someone the USCIS will agree to do business with. Gear UP agreed to let the BOR administer their program.

  52. mike from iowa 2015-10-22

    I don’t think the fed is stoopid enough to allow anyone from South Dakota another shot at this trough. Unless,maybe the entire governing body is dumped and Democrats are put in charge. You know-the fiscally responsible adults that have to clean up fiscally irresponsible wingnut made messes.

  53. Michael Boswell 2015-10-22

    We will see now won’t we.

  54. grudznick 2015-10-22

    Does that confusing document says “E-B5 cannot ever ever be run again inside the borders of South Dakota!” or does it say that the SDIC outfit cannot administer E-B5 any longer?

    Seems to me that Mr. Boswell is right. Soon we may have a new E-B5 administrator in South Dakota. Maybe it will be a SD Freedom Caucus member.

  55. larry kurtz 2015-10-22

    Can anyone tell us how Tike Mike, a guy who was barely able to settle his campaign debt, can afford a million dollar+ a year lawyer and former spook like Jon Kobes as personal counsel?

  56. larry kurtz 2015-10-22

    Rounds’ net worth is a negative number, right?

  57. Spencer 2015-10-22

    South Dakota can no longer administer EB-5…case closed…get on with your life.

  58. Craig & Ronette Guymon 2015-10-22

    South Dakota’s new claim to fame – only state to ever be barred from continuing to serve as a EB-5 regional center.

    Has the reputation and creditability of this state ever been damaged in a more severe manner by any other incident over the past 125 years?

  59. moses 2015-10-22

    Still waiting for the auditor in Pierre to do something.

  60. David Newquist 2015-10-22

    To those who think Boswell deserves responses, the Old Testament provides sage advice:

    Proverbs 26:4  Answer not a fool according to his folly, lest thou also be like unto him.

    26:11  As a dog returneth to his vomit, so a fool returneth to his folly.

    George Carlin provided the contemporary version:

    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.”

  61. Craig & Ronette Guymon 2015-10-22

    The intellectual capacity and character traits of “Casper the Friendly Ghost” are not the EB-5 issues. Top-echelon state official’s competency and corruptness are the issues. Leadership decision making failures and dishonorable core values are the issues. Top-echelon state officials refusing to personally appear and respond to all EB-5 questions were cowardly dishonorable acts.

  62. grudznick 2015-10-22

    Mr. moses is still correct. Why did the old state auditor do nothing and now serves in a position of richness in government and why doesn’t the new state auditor jump in here and investigate?

    grudznick out

  63. Jeff Barth 2015-10-22

    To paraphrase David Newquist’s comments;
    Rogers and Hammerstein in the musical South Pacific said “fools give you reasons, wise men never try”.

  64. Rorschach 2015-10-22

    I’m with Newquist. Don’t feed the troll.

  65. Craig & Ronette Guymon 2015-10-22

    Brain farts, stupid accidents, human errors and honest mistakes happen. But, farts, accidents, errors and mistakes are never covered up by honorable men and women due to their integrity, candor and courage. When shit happens and subsequently is covered up, those shoveling it must be held accountable. Casper was not one of the ghosts shoveling what covered EB-5 ineptness and corruption.

  66. Jeff Barth 2015-10-22

    It is obvious that government in the shadows like we have in South Dakota leads to abuse. Money is diverted, processes are perverted, money disappears and people are killed. The “mass media” is silent and the folks reputed to be in power like the Governor and Attorney General refuse to take action out of fear or perhaps because they are colluding with the evil doers. Democrats in positions to take action also choose to let the dogs sleep.
    We can be sure that more cash is being diverted today and that more people will die as soon as tomorrow.

  67. grudznick 2015-10-22

    Unless you huff your way downhill again, Mr. Barth, and run for Governor. The libbies need a man to step up to that job. Are you announcing?

  68. Roger Cornelius 2015-10-22

    As Boswell continues to proclaim there is no evidence to convict anyone and therefore is no wrong doing because we can’t find the money, I am seeing the Watergate scandal play out.

    Remember that more people in the Watergate scandal went to prison (including a republican attorney general) for lying to the FBI and committing perjury in testimony in the grand jury.

    How many levels of lies and perjury have already been committed and how much more is to come. Remember Mike Rounds stated that the FBI has moved on from him and is looking elsewhere.

  69. Craig & Ronette Guymon 2015-10-22

    Brain farts, human errors and honest mistakes happen. But, brain farts, human errors and honest mistakes are not covered up by honorable men and women. Casper may have farted, made an error and an honest mistake. But, Casper was not one of the top-echelon decision making ghosts that shoveled what covered up EB-5 ineptness and corruption. When incompetency and dishonor are covered up, those shoveling it must be held accountable.

  70. Craig & Ronette Guymon 2015-10-22

    The 18-page termination notice tattoos failure to comply with federal rules on the foreheads of decision makers connected to the Governor’s Office of Economic Development. The buck stops on former Gov Rounds and Gov Daugaard’s desks with regards to:

    • The millions of dollars of EB-5 funds that have already flowed under the bridge?
    • The billions of dollars of EB-5 gross economic loss over future decades?

  71. Bob Newland 2015-10-22

    I think 96Tears summed it up nicely a large number of comments ago.

  72. Bob Newland 2015-10-22

    I still can’t get over it. They put some dude named “Joop” on the public teat? Joop? “Yope?”

  73. Michael Boswell 2015-10-22

    Again Roger it’s obvious no one here has any evidence to prove a crime was committed by anyone. Specifically this Report doesn’t specify any guilt by anyone. It does say that SDRC didn’t manage the EB5 program properly and they are being eliminated from the program. That’s all that Report really says. You, nor Cory, or Bob Mercer, or anyone else here has any strong evidence to put anyone on trial. I am glad you brought up Watergate btw. Bernstein and Woodward did get their man, and it took much less time than this. We are just over 2 years from Richard Benda’s death, and this has been rehashed over and over. Before the 2014 Elections, During the Republican Primary (with Republicans in the Race who would be in the know), During the November election. Rounds handily beat all the Candidates and EB5 wasn’t even much of a blip on the radar. Duagaard won almost by a landslide. Now we have the USCIS release a report that doesn’t have any new information, but says they are terminating SDRC. I don’t think the Democrats would be satisfied if they found out at the end of this it was Richard Benda all along. Why because this isn’t about justice, it’s about the blame game and crying wolf (corruption). It’s about politics and how dirty politics can be. And Dave that’s what I expect from liberals, so feel free to just dismiss and name call. Like I said that’s the old school way of training soldiers to dehumanize the enemy. Real fitting for a party that says they are full of compassion.

  74. Roger Cornelius 2015-10-22

    With every comment by Michael Bosworth, the echo gets louder.

  75. Michael Boswell 2015-10-22

    Why Roger are you afraid I could be right?

  76. Michael Boswell 2015-10-22

    You know I served with a Roger Cornelius when I served in Iraq. I don’t suppose you are the same person.

  77. Roger Cornelius 2015-10-22

    No Michael, I am not afraid you will be right, why should I be?

    I’m simply pointing out that you continue to repeat yourself and have added no substance to this discussion.

  78. Michael Boswell 2015-10-22

    Why should I you all have added anything new in awhile either.

  79. Michael Boswell 2015-10-22

    haven’t The USCIS report didn’t either

  80. Roger Cornelius 2015-10-22

    Michael I am not the same Roger Cornelius you served with, I was old even then.

    Remember Michael that all we have seen from USCIS is the 18 page termination letter, we have not had the privilege of seeing all of their documentation and what they have shared with other government agencies.

  81. Michael Boswell 2015-10-22

    As I have already said we will see.

  82. Michael Boswell 2015-10-22

    I have already said here that I will be the first one to congratulate if this is all brought out and someone gets their person. Until that point all are Innocent until Proven guilty.

  83. Michael Boswell 2015-10-22

    If there are those that still doubt that I am real, you can check with Spencer Hawley. He was my commander in the South Dakota National Guard.

  84. Disgusted Dakotan 2015-10-22

    Michael Boswell, I have some of the purest Black Hills (fool’s) gold I would like to sell you, how do I get in touch with you.

    What kind of fool looks at a building being consumed by flames and argues it isn’t on fire?

    According to Michael Boswell? Richard Benda died of natural causes..

  85. Dave 2015-10-23

    I think we all have to be reminded, daily, of these statement from Cory’s post:

    “USCIS concludes that ‘This diversion of EB-5 funds away from job creating purposes casts considerable doubt on the Regional Center’s ability to promote economic growth.’ ”

    Think for a moment what that means. A program meant to create jobs and economic growth in South Dakota never had a chance because of mismanagement and what appears to be a host of shady dealings in state government.

    This lack of economic development means my daughter and son-in-law must work harder than ever, as they raise their two young children, to make ends meet here in good ol’ South Dakota. Who knows? Maybe they will do like so many other South Dakotans of their age (both under 30) and simply say goodbye to South Dakota and hello to another state where opportunity has not been robbed from the people because of a corrupt government.

    This robbing of economic development and opportunity from South Dakotans, especially the younger generations that we want so badly to stay here, is truly a crime, no matter what Boswell says.

  86. Michael Boswell 2015-10-23

    Dave you forget there were many successful businesses done with EB5. That’s a fact. Disgusted Benda died of self inflicted wounds.

  87. Roger Cornelius 2015-10-23

    Michael Bosworth,

    Have you seen Richard Benda’s autopsy report or do you always trust what a corrupt state government says?

    Innocent Until Proven Guilty. Our prisons and jails are full of “innocent” people languishing in cells because they are being held without bond or can’t afford to bond out.

  88. Winston 2015-10-23

    So what happen? How come the state failed to file its necessary paper work and work within the rules? A man who worked for the SDRC from 2009-2012, Morrie Berez, was the creator of the modern day EB-5 program. Should South Dakota have not been experts at this game?

    http://www.siteselection.com/issues/2008/may/naReports/

    http://www.eb-5center.com/Background_RC_Programhttp://

    http://www.eb5investors.com/magazine/article/man-behind-canam

    http://madvilletimes.com/2013/11/sdrc-eb-5-supporting-players-berez-patel-sveen/

    Here is a picture of Mr. Berez representing South Dakota and the SDRC in China in 2011:

    http://www.wailianvisa.com/site/html/wlnews_1481_4706.html

    I find it odd, that the State and the SDRC would fail in completing its bureaucratic paperwork when it was lead by one who literally wrote the EB-5 regulations and its requirements. What gives here?

    I have blogged multiple times on the belief that this entire EB-5 scandal in South Dakota has been too much about the tragic death of Richard Benda and the $ 500,000 controversy evolving around him and not enough about the genesis of the federal EB-5 program in the last decade and its henceforth application in South Dakota soon after with the “EB-5 Czar” coming to work for the SDRC during what became the height of its controversial years…. (Talk about a teflon character….. ?)

  89. caheidelberger Post author | 2015-10-23

    Leslie, Joop created SDRC Inc. in January 2008. According to USCIS, Joop informed them of the self-privatization scheme in November 2007. In an interesting twist, USCIS says that the creation of SDRC Inc. indicated that GOED couldn’t handle Regional Center duties itself, and now with the state partnership with SDRC Inc. axed and no other partner assigned to carry out those duties, USCIS sees all the more reason not to allow South Dakota to keep its Regional Center designation.

  90. caheidelberger Post author | 2015-10-23

    Bear, that’s an interesting legal point. I remain as committed to the presumption of innocence as Michael Boswell. However, Boswell is expending a lot of energy to distract us from the point. Corruption isn’t necessarily criminal. USCIS isn’t taking South Dakota to court; it’s simply saying it doesn’t trust us and is banning us from EB-5. I’m not saying in either of these articles that have inspired Boswell to such emphatic apologetics that Mike Rounds, Marty Jackley, Dennis Daugaard, and the Republican members of GOAC should go to jail (although I’ll make that case on Joop Bollen); I am making the case that the demonstrated corruption of EB-5 gives voters cause to oust Republican leaders, replace the GOP monolith with partisan balance, and vote for Rick Weiland and Don Frankenfeld’s proposal to create a state ethics commission. Boswell’s protests have done nothing to disprove one bit of the evidence I have presented to the voters; he’s just trying to wish away that damning conversation by making it sound like voters should be tired of hearing information more relevant to qualifications for office and the health of democracy than pictures of Mike Rounds’s family at Christmastime.

  91. caheidelberger Post author | 2015-10-23

    Spencer, case closed? Are you saying that to the state, which has reopened the case by suing SDRC Inc.?

  92. caheidelberger Post author | 2015-10-23

    Dave makes a good point about the overarching harm done to South Dakota. Set all the politics and personalities aside. Take everything at face value. There’s a federal program that marries immigration and economic development for rural areas. The immigration side (allowing rich foreigners to jump the queue and buy green cards) is of questionable merit, but the ability to pump millions in foreign investment into rural America with zero cost to taxpayers is a clever and potentially useful idea. Dakota Provisions, Basin Electric, Deadwood Mountain Grand—a number of businesses apparently have benefited from this program, creating new operations that continue to provide jobs and revenue today.

    South Dakota just got axed from that job-creating program due to mismanagement. No other state has been barred, just us. Shouldn’t we be mad? Shouldn’t we want answers? Shouldn’t we want to find out who screwed up, make those screw-ups pay, and fix whatever problems are keeping us from accessing this apparently useful economic development tool? Shouldn’t our Senator be lobbying to reverse this anti-South Dakota decision and supporting reforms that will prevent this problem from happening again?

  93. Michael Boswell 2015-10-23

    Cory and you are just rehashing the same stuff and still aren’t gaining any ground. There’s nothing new here. Nothing that can prove any wrong doing beyond SDRC. I did notice you avoided that. Actually USCIS says it doesn’t trust SDRC. SDRC is a contract private entity it is “not” the State of South Dakota. Just as Mid Central is not. I also know if it came down to just the SDRC bring guilty of anything, You and those here wouldn’t accept it. You all would still cry corruption. You enjoy using the EB5 Stick to beat down the Republican Administration. Well you been beating for 2 years now and through an election. What have you come up with 0. BTW there was an election and wow Cory you were screaming corruption and those that you were accusing all won. I think that says something. Ineffective comes to mind.

  94. Michael Boswell 2015-10-23

    And Cory that boils your butt and that’s why you probably shouldn’t be investigating as you are so vested in one side.

  95. Donald Pay 2015-10-23

    The problem for Mr. Boswell is that this stuff has happened over and over and over and over for decades. We saw it with churning of money between the state, water development districts and consulting firms. A chunk of that money got recycled to the Republican Party, just to make sure any inquisitive politician didn’t understand.

    Of course the state hands off what are corrupt practices onto what Boswell calls “a contract private entity.” That’s the whole M.O. of just about every corrupt practice that occurs, whether in South Dakota or New Jersey. Organized crime can only survive with government help–dirty individuals AND dirty systems. At some point you have to start looking at the system that allows this to occur, not just at a few “bad apples.”

  96. larry kurtz 2015-10-23

    Obstruction of justice, wire and mail fraud, conspiracy to defraud…what am i missing?

  97. caheidelberger Post author | 2015-10-23

    Boswell resorts to the frequent GOP projective tactic of taking our best critique—in this case, that Boswell is repeating the same old generalizations that avoid the specifics of the case under consideration—and mindlessly repeating them back at us.

    The USCIS addresses the State of South Dakota’s designation as a “Regional Center.” I understand your confusion: “Regional Center” and “SDRC Inc.” are distinct entities. “Regional Center” is the designation granted to the state of South Dakota under the title of the South Dakota International Business Institute/Dairy Economic Development Region. SDIBI/DEDR (run by Bollen under the state’s employ) signed a contract with SDRC Inc. (incorporated and owned by Bollen) to handle certain activities for the Regional Center. SDRC Inc. is technically a subcontractor hired to work for the Regional Center.

    The USCIS recognizes this distinction and is telling the Regional Center—i.e., the State of South Dakota—that it committed errors and cannot be trusted to run EB-5.

  98. caheidelberger Post author | 2015-10-23

    Michael, it obviously “boils your butt” that South Dakota government is being proven corrupt; therefore, by your logic, you shouldn’t be allowed to investigate or even discuss these matters, right?

  99. jerry 2015-10-23

    Thanks for being so on top of this Cory. It is important to keep the eye on the ball as you have. Mr. Kurtz also keeps up with this latest about Daugaard’s not wanting to challenge the USCIS’s report on his outfit being so corrupted we were kicked out of the program. What a revelation! To agree with the charges, is amazing for a governor to admit his state and the administrations he is either 1st in command of or second, under another crook and liar, is crooked beyond redemption. I hope the Bos rang the tip jar for all of his keystrokes.

  100. Michael Boswell 2015-10-23

    Here’s something just as likely and is strictly my opinion, but it fits the facts as well as anything presented here. You have a person in a position of trust, Mr Benda. He sees a bigger payday in administering the EB5. You have another person Mr Bollen that was asked my Mr Benda to help him out and the come work for him. Mr Benda takes advantage of the program and misappropriates funds and doesn’t document. Everyone else including Mr Bollen trusts him to do the right thing. Mr Bollen is signing off on items, which he should have questioned, but didn’t. He’s now working for Mr Benda and he is getting a better payday now. Then some of the misappropriations are found out and Mr Benda is facing the possibility of some real jail time and personal embarrassment. He decides rather than face that he kills himself. This kind of situation plays out in the private sector all the time, so it can equally play out in the public sector. The bosses above have no clue what happened until they find the misappropriation. Now since it is a Government Agency, the other political party is screaming foul and corruption. The only people really involved with the scandal is in the Contracted Company. That’s just as plausible as anything brought up here.

  101. mike from iowa 2015-10-23

    Maybe Daugaard is sidling up to investigators in hopes of being named a corrobarating witness and given full immunity from prosecution.

    As I have said before,the wrong prosecutor(think Ed Meese) might immunize all the guilty parties and then lay all the blame on Benda again. I guess Ken Starr did much the same thing in his over zealous pursuit of Clinton.

  102. Michael Boswell 2015-10-23

    No Cory the fact that you are so biased singularly means you should remove yourself from the issue. You of course are free to offer your opinions as that is free speech. SDRC may have ran under a SDak state office, but was entirely an contracted business as was free to do things on it’s own.

  103. mike from iowa 2015-10-23

    I thought my idea of pheasants ganging Benda and killing him with his own gun was funnier and probably more accurate.

  104. Douglas Wiken 2015-10-23

    Boswell might like to know that being in the National Guard is not a ringing indicator of wisdom. It is another tribe with an ideology that does not fit well with civilian society…the local version of the military-industry complex.

  105. Michael Boswell 2015-10-23

    Douglas you’re right but at least I am not hiding behind a screen and screen name like others here. I am a real person and I don’t get paid to give my opinion. There is no requirement for you to like it. I am ok with that.

  106. Michael Boswell 2015-10-23

    And Cory you haven’t proven corruption, you have implied corruption. There is a difference.

  107. larry kurtz 2015-10-23

    The South Dakota Board of Regents Fraud policy states:
    A. Fraud shall be defined to include the following for purposes of this policy:
    1. Conduct within the scope of employment, or conduct apparently within the scope of employment, and representations to the Board, or any of the institutions governed by it or any affiliated organizations that constitutes:
    a. Intentional or deliberate act to deprive the State of South Dakota, the Board, any of the institutions governed by it or any affiliated organizations or students of something of value (property, money, services, or opportunities).

    b. Deception, false representation of fact by either conduct or other communication, or concealing what should have been disclosed, or made when the actor knew or should have known that the other party relied upon his or her representations, leading to injury of the State of South Dakota, the Board, any of the institutions governed by it or any affiliated organizations or students.

  108. jerry 2015-10-23

    I am thinking that the article posted about Benda putting the money into escrow is making sense. I am thinking that Benda may well have been the most honest of the whole crew. I am thinking then that it would make sense then to tarnish him and to make believe that he killed himself. As Rory King is a barrister that is very much alive, I am thinking that if he did not make those claims, he would have posted his displeasure.

  109. jerry 2015-10-23

    Bos expects us all to just acknowledge the fact that Marty is giving him the facts of the case to continue. Bos is now fixated as to how he and Marty are now trying to paint Benda as the brains behind the fix, that Benda had his hand up the backside of Joop to make him do the things he did. I guess they figure that if his hand would be able to go that far up Joop’s backside, Rounds backed up to it as well as it looked comforting. Then, as the republican kabuki dance continues, Daugaard, being the monkey see monkey do kind of guy he is, decided to join in the revelry. What a vision!

  110. jerry 2015-10-23

    Bos also expects us to believe that Benda did all the conspiracy to commit this fraud for the $550,000.00 that he got at the end of the grift rather than during the heist. Benda is now the entire republican party of the State of South Dakota as he did it all! Bos should have been sent to question Hillary at her inquisition.

  111. larry kurtz 2015-10-23

    Two EB-5 frauds had been specifically pointed out, including the famous “SEC V.A Chicago Convention Center” in which an individual and his companies used false and misleading information to solicit $912 million hotel and convention complex duping some 290 Chinese investors and South Dakota EB-5 fraud case in which a state official committed suicide after he was placed under investigation for the mismanagement and fraudulent allocation of funds secured through the EB-5 Program.

    http://daiassociates.com/news-nr.asp?page=6&id=245

  112. Craig & Ronette Guymon 2015-10-23

    Mr. Boswell,

    Our facts that follows are aimed center of mass at your sorry, lame ass. During our 37 combined years of military service and 50 combined years as co-owners of our Mom & Pop insurance business, we have crossed paths with vermin with symptoms and core values similar to those you have dishonorably displayed herein — common sense stupid with an overinflated self-evaluation of your supremely superior intellect, assumptions and opinions.

    From political perspective, Craig & Ronette Guymon are as center of mass moderate as it gets. Majority rule with all the facts placed face up on top of the table for the benefit of all citizens of this state is what all of our grandfathers and grandmothers envisioned for each future generation of citizens of this state.

    Unfortunately, after nearly 40-years of one-party rule by others inflicted with mental and core values handicaps mirroring those you have displayed herein, the vast majority of South Dakota’s next generations over the past four decades shit-canned their South Dakota residency never to return due to:

    1. Cloaked cronyism and nepotism favoritisms providing economic opportunities to club members such as yourself who submissively and obediently conform and comply with all Regime protocols and instructions similar to a robotic drone;

    2. The greedy lust for more wealth, power, control and influence supported by a corrupt system of injustice, inequalities, racism and religious bigotry support by an impudent system of checks & balances; and

    3. The Machine’s dishonorable core values that stuff ballot boxes; compromise ballot scanner data bases; and taint canvassing board decisions and actions rigging public elections in order to retain and maintain the Regime’s wealth, power, control and influence that continues to enslave hardworking, honorable South Dakota citizens who refuse to sell their soles to you devils which would require submissively and obediently conforming and complying with such ugly perverted corruption.

    Perhaps, all of the parents of the generations of sons and daughters who left this state should all do likewise — then all of you “divinely all knowing pricks who believe your shit don’t stink” could inbreed perfecting your corruptly greed system of power, control and influence screwing each other, instead of the honorable citizens of this state.

  113. Craig & Ronette Guymon 2015-10-23

    Mr. Boswell, in our last post — you have displayed the same lack of honorable core values that Mr. Joel Arends has repeatedly displayed — are you guys bunk buddies?

  114. Spike 2015-10-23

    Pretty much same ol retoric from Bos….

    Bos…Cory has a right to investigate and report all he wants.. leave him alone. ..who are you to judge him?

    Gee yes people of SD vote republican. Many of them hold their nose and X Republican. . Because they are voting for what they think is an ideology not the good ol boy machine that has captured Pierre.

    Your party will continue to win elections here. And probably your boys won’t be toucged. Does not make their poor poor decision making right for the people. Rounds against EB-5? Wow that bears some thought.

    Quit bragging about yourself. It’s embarrassing.

  115. leslie 2015-10-23

    our science expert spencer pops up his head “case closed”. i love this guy. solid young educated republican responsible for educating small town american youth. the premier govt military wing of NOAA chooses to honor him with a big time scientific ocean cruise. photo copy the 18 page charge against the state. spencer. tear it apart with your students. stretch. puzzle why daugaaard and rounds don’t defend their roles. watch it play out over the next several months/years. why didn’t the senator’s son and the FBI prosecute? Why would a cabinet member kill himself over money? could one of your students rise to a cabinet position some day? what were they doing in the philippines, korea and china? how did it all start with dairy? why the federal lawsuit you paid for in california? defend your thought experiment/teaching project to students’ irritated republican parents. ask them why their governors got us involved in this. teaach them to challenge the establishment. wade into life, don’t just run to dairy queen after school.

    oh, you are only a hard scientist, but you certainly are sensitive to your democratic brothers’ and sisters’ criticism. give your students a reason to remember you. teach your 7-12 students to ask questions–or teach them to turn their pretty heads and walk away….

  116. Daniel Buresh 2015-10-23

    Don’t bother Boswell, you are arguing with a bunch of ostracized democrats who hide behind screen names and chase conspiracy theories. You can’t reason with people who didn’t get to their position with reason. They won’t even stop at Republicans when it comes to their witch hunt. They are even willing to go after Johnson because their understanding of our judicial system is so warped. Just sit back and watch as they continue to repeat speculation until they believe it to be fact. They are a vocal minority who’s egos won’t allow them to realize they have nothing to stand on. They will remain an ineffective bunch who become more and more irrelevant each day. They are the extremists of the left, but they are unable to acknowledge that. I won’t hold it against reasonable Democrats.

  117. caheidelberger Post author | 2015-10-23

    Discouragement of further discourse from both sides—hilarious!

    Daniel, Michael Boswell and I are arguing. I’m not hiding behind a screen name or chasing conspiracy theories. (I don’t think I’m ostracized, but I’ll let others speak to that.) I am not repeating speculation; I have reported a termination notice by the USCIS that (as Jerry noted yesterday at 14:49) confirms much of the narrative I was telling in 2013 and 2014 about what went wrong in South Dakota’s EB-5 program. Misdirected funds, inexplicable offshore investments.

    Calling me or anyone else here an extremist or leftist, just like Michael’s calling me unobjective or unqualified to be a journalist, has no bearing on the facts reported, the action taken by USCIS, or the lawsuit filed by the state against SDRC Inc.

  118. Douglas Wiken 2015-10-23

    With SD prosecutors and law enforcement heads intentionally buried in the sand, there will not be “evidence” to satisfy wingnuts of tribe of trolls defending the indefensible here. The cow that was shot without anyone seeing the shot is still dead and will remain dead whether or not evidence at the scene can be traced to the real culprit(s). Boswell and Buresh are doing the equivalent of Nikita pounding on his desk with his shoes.

  119. Michael Boswell 2015-10-23

    Name calling and character assassinations are what I would expect in a liberal blog. I don’t have to justify my character to you, it is already a protected right in the Constitution. That’s something people here have sadly seemed to miss. That you are innocent until proven guilty. The facts are Cory all your narrative doesn’t make a criminal case. You can’t really prove anyone knew anything beyond SDRC. All that work you did from 2013 and 2014 added up to those you were attempting to point fingers at ended up winning by large margins. That’s ineffective. You come off as someone who is full of sour grapes that you weren’t listened too. Now, I think that anyone that hears you can tell you are attempting to prove something just to validate your narrative. Well it comes up short and ineffective. But it sounds like the Governor is done with EB5. I have no problem with the USCIS pulling the plug on the SDRC. Good Riddance . I think anyone can see this is Political Muckraking, nothing more nothing less.

  120. jerry 2015-10-23

    Bos, you have no character to assassinate.

  121. caheidelberger Post author | 2015-10-23

    Name-calling and character assassination are the refuge of those who lack the time, will, and/or intelligence to discuss real issues. Crying about name-calling and character assassination if further distraction from Michael Boswell’s complete failure to refute any fact that I have reported. The USCIS crtitique of South Dakota’s corruption is not political muckraking. Neither is the state’s lawsuit against Joop Bollen’s SDRC Inc.

    Michael, the victory of Mike Rounds and Marty Jackley at the polls disproves none of the facts I’ve reported, either. It only demonstrates that too few voters took what I said as sufficient reason to change their voting patterns. That may indict my effectiveness as a journalist, propagandist, what-have-you, but it does not change the truth of what I said… unless you want to admit you are some sort of democratic relativist who believes “truth” always belongs in quotation marks and is determined by majority vote.

  122. jerry 2015-10-23

    If memory serves me, Larry Pressler and Gordon Howie, both pushed this against Rounds. Most people really do not want to even think about the high level of corruption that has been shown by the UCCIS report. It is hard for them to believe they were so gullible in their vote and they tend to tune out the bad news. By Rounds acting like he is just finding out about the corruption though, is really a stretch. I agree with him in that he is not the guy that should be asking for the EB-5 to be allowed to continue, I don’t think they would be amused. As this is a Federal program, there should be Federal authorities to finally track this down to punish the guilty and restore our good name.

  123. mike from iowa 2015-10-23

    After 40 years of corrupt wingnuts,it must seem like the general way of life to most Dakotans. It just seems to get worse each passing year. Dakota needs an Obama to get them over the wingnut humps.

  124. mike from iowa 2015-10-23

    Care to point out which amendment protects your character?

  125. Michael Boswell 2015-10-23

    Cory, I have no need to refute your entire narrative. It comes up short to first, convict anyone of a crime. Federal Investigation on EB5 had said as much. Second, all the work you have done was ineffective as it didn’t change the minds of the South Dakotan voters. I never said that any of it wasn’t true, but it comes up short. Sorry to tell you Cory, but for all your work to expose EB5 it isn’t enough. You haven’t proven criminal corruption of the Governor’s office, the USCIS didn’t point out anyone guilty of a crime. What has been shown is USCIS has determined to take SDRC out of the EB5 business. The Governor has determined to leave South Dakota out of it. To rehash everything you have said in the past 2 years hasn’t changed anything. Now if you have something new to prove feel free, but it appears to me you are beating a dead horse.

  126. jerry 2015-10-23

    I would argue that the work Cory has done has helped to make it possible for the USCIS to intervene and declare the EB-5 program for South Dakota, corrupted beyond repair. Thanks to the great work of Bob Mercer, Cory and many others, the reporting has paid off. Rounds may be in office and so is Daugaard, but many many of us know what kind of people they are regardless of party.

  127. jerry 2015-10-23

    Now, with the recent news reports on the EB-5 corruption that Mercer, Cory and others contributed to, more republican folks are hearing about it as well. Thanks to reporting, the gift of corruption against Rounds, Daugaard and the rest of their gang, just keeps giving.

  128. leslie 2015-10-23

    “Co-mingled funds”: here’s an example of auditors 8 page “or else” letter giving USFS FIVE DAYS by USDA Office Inspecter General for sloppy grant fund management. And Forest Service complied. see what i mean cory? http://www.usda.gov/oig/webdocs/08703-5-SF(10).pdf

  129. mike from iowa 2015-10-23

    Give Cory access to all records and subpoena power and I can pretty much guarantee that criminal charges would be filed. But then you wingnuts hide behind laws that shield crooks from detection and a legislature that isn’t interested in rooting out the corruption even a kindergarten kid can see and smell a lifetime away. Someone will get those documents that haven’t been destroyes or redacted and heads and asses will roll-all of them of the wingnut persuasion. Count on it.

  130. leslie 2015-10-23

    USCIS didn’t show anyone guilty of a crime; says boswell.

    the 18 page report terminating EB5 for SD says “Joop Bollen” thirty (30) times in 18 pages.

    18 USC 1546 (may or may not be applicable) contains punishments for fraud from 10 to 25 years in prison. After Denny responds in 30 days and Jackley and Denny decide they better shift the focus to Rounds, after of course boiling bollen alive for his profitable excercise in nailing them, we will see Rounds spend down his $16 Million-aire status and his $9 million campaign fund if possible. Rep. Schock-rumored to be Noem’s gay lover, has already spent $1.4 million on 18 lawyers trying to avoid fraud.

    Once DHS and USCIS sort thru their various law enforcment powers, Justice will get involved and PROFESSIONAL FEDERAL PROSECUTORS will determine what federal criminal violations are provable, and Rounds, like Hassert, and perhaps Daugaard will have many, many sleepless nights before the SDGOP collapses in infamy.

    just thinking out loud, guessing, nowhere near proficient at federal law breaking to know for sure. But your name appearing 30 times in 18 pages of a federal notice of termonation can NOT have a happy ending. Joop’s money will go to sveen if sveen can keep himself out of trouble. Of course, the republican self-policing state bar association may do little.

    Elected office and SDGOP cronyism is a short-cut to wealth but ….

  131. jerry 2015-10-23

    John T. also has a good blog post on this mess in our state. John is a Republican that I regard as one who has not lost his integrity and calls it the way it is. There is no party first, it is his country and state first as it should be for all.

  132. caheidelberger Post author | 2015-10-23

    I know you are, but what am I?

    That dead horse is yours, Michael. You continue to ply the distraction of saying I have to prove criminal corruption in court. I could do that with Joop Bollen, and given access to more documents, I’ll bet I could do that with other higher officials.

    But that’s not what I’m arguing. I’m saying there’s enough corruption and harm to South Dakota here to justify voters firing certain elected officials and putting in place new leaders, plus some anti-corruption measures like a state ethics panel. You haven’t shown that any one of the actions the USCIS has outlined in its termination letter is either false or tolerable.

  133. mike from iowa 2015-10-23

    The only way to stop a bad guy wingnut with corruption is to have a good guy Democrat without corruption.

  134. 90 Schilling 2015-10-23

    With 500mil in the boiler of misappropriated or mishandled funds, there’s darn sure some fingers of corruption in the pot. They can’t all have a happy ending.

    Gov/Sen Rounds can honestly claim ignorance on this but I don’t believe he can claim no knowledge with his major push on NBP and Rich Benda day.

  135. Craig & Ronette Guymon 2015-10-23

    South Dakota’s new claim to fame – only state to ever be. The reputation and creditability of the State of South Dakota has never been damaged in a more severe manner by any other incident over the past 125 years!

    The buck stops of the governor’s desk! Mike & Denny’s leadership failures and flawed decisions with regard to EB-5 has tainted the reputation and creditability of the State of South in the eyes of citizens throughout the entire United States of America!

    If South Dakota was publicly traded Fortune 500 company, on Sept 28, 2015 when the USC&IM
    issued the 18-page document publicly declaring intentions to bar South Dakota from continuing to serve as a EB-5 regional center due a perceived combination of top-echelon decision making incompetency laced with suspected corruption, what would have happened to the market price of South Dakota’s issued common stock?

  136. Craig & Ronette Guymon 2015-10-23

    South Dakota EB-5 bottom line – the most corrupt state!

    Does the brown background on the new 2016 South Dakota license plate represent all the dung Mike, Denny & Marty have flung surrounding EB-5?

    The bottom line on the new 2016 South Dakota license plate contains only 4 words & 21 letters – Great Faces Great Places.

    Perhaps, the bottom line on the new 2016 South Dakota license plate should have contained 4 words & 19 letters – The Most Corrupt State?

  137. Michael Boswell 2015-10-23

    No I haven’t as I don’t have to. I look at corruption as a crime committed. That means that Mike or Dennis had to know what was happening and approved or participated in what was happening. You haven’t proved that. Now you have a case against Joop Bollin, but the Federal Investigation determined it wasn’t enough to bring him on charges. Otherwise they would have. I think the voters already told you their opinion on your narrative in Nov 2014. I am done. Should there be more oversight, yes. Should there be new leaders, yes, but that’s a give as Dennis can’t run again. Should it be a Democrat not necessarily. Should there be an ethics board, probably, but that’s for the legislature to decide. You can’t deny that will all the facts you have shown no matter how correct they were, it matter to almost zero in the Nov 2014 elections. If doesn’t matter in the 2016 Elections or the 2018 Elections will you still be hounding this issue in 2020? The dead horse is yours Cory, not mine. It’s on you to prove criminal negligence because the rest is being ignored by the people that vote. I am done here

  138. caheidelberger Post author | 2015-10-24

    You were done after your first comment last weekend, Michael, because you haven’t said anything new about the facts of the EB-5 case since.

    Michael does give us something new with his ethics commission comment. He says there “probably” should be an ethics commission to investigate corruption in Pierre, but then he trips on his own fake shoes by saying Pierre should decide if there should be an ethics commission. Why leave that decision in the hands of the Legislature, Michael? Are you saying you oppose the initiative process? You trust the people to render judgment at the ballot box on EB-5; don’t you trust them to set policy? Or, in your relativism, do you only trust the judgment of the people when they agree with your opinion?

  139. Spike 2015-10-24

    Michael is saying gross mismanagement of this huge cash cow is fine and it’s what the voters want… his really ignorant or niave view of the politics of the criminal justice system is just crazy.

    He’s trying to tell us unless Republican administration is convicted of some felonious act he’s good with them. I can’t disagree with him from the last 40 years of experience. Crap people, I am 58, it been this way all my dammed life.

    Interesting to read about all the South Dakota’s that have left n laugh when asked if they would move back. Probably they might move to Sioux Falls but that’s it.

    We all know the South Dakota Republican voters will continue to vote republican. …because of reasons that may ring true to their own individual beliefs but in reality do not reflect what the Republican party does.

    I’m becoming convinced that unless the Democrats of SD form some kind of coalition with Hickey, Stace Nelson, Stan (or whomever else greater minds then I feel we need to) and create some kind of legislative balance in Pierre this state will continue on its 51st place path to glory. Also a greater presence in Western SD is absolutely necessary.

    Cory, I would be interested in the thoughts of people registering as Independent in this state.

  140. Jeff Barth 2015-10-24

    I like the way Spike thinks.

  141. Les 2015-10-24

    Yes, Jeff! Few like him here at Maddville.

  142. jerry 2015-10-24

    I tend to agree with you Spike, I am an Independent that has a bright streak of blue as my heritage. I understand what is meant by socialism and what is meant by conservatism. What makes democracy work is socialism. That is what protects us, what puts the fires out, what feeds us, what educates us and what heals us. Conservatism is a check on that as a balance. Socialism looks at its people as a whole with treating all equally in all matters, rich or poor, with transparency as to the color of your skin, the God you believe in or choose not to believe in, your gender and your rights to love and live in the manner you choose. Socialism believe in all rights we have as a nation, including the 2nd Amendment as written, not as the NRA bullies you then frightens you to believe in. In short, socialism is equality, pure and simple. That explains why we must stand together to put an end to the to big to fail on all aspects of how finances are run to include big banks, big insurance companies and big ag. They must be changed or we will be chained. To be clear, Government is not the problem, unchecked wealth is the great chasm we now are seeing that refuse to pay their fair share. Corporations that hide their money they have received from the citizens of the United States, must be taxed on those gains. Off shore banking, must be regulated (EB-5 in South Dakota). Those are what I believe are social in manner, fairness above all.

  143. Craig & Ronette Guymon 2015-10-24

    Mr. Boswell, your statement, “… Should there be an ethics board, probably, but that’s for the legislature to decide …” confirmed what our smell-tests sensed the first time we read your posted swill.

    Your suggestion seems based on an assumed oxymoron – “Legislative Intelligence”. Unfortunately, past decades of one-party rule has produced a legislative body infested with cowardly submissive legislators who obediently conform and comply upon command as directed by their party bosses.

    With the vast majority of South Dakota Legislators lacking the integrity, honor, candor and courage required to make nonpartisan right versus wrong decisions, how in the hell could such biased inbreeding ever be trusted to form an impartial ethics commission?

    Mr. Boswell your above legislative suggestion is as worthless as putting utters on a bull.

  144. mike from iowa 2015-10-24

    Sorry Spike,but according to some posters here,Dems have to become wingnuts to win in South Dakota. It isn’t just your state,but it goes nationwide,too. In Texas,the wingnut candidate for AG was under indictment for securities fraud (and has admitted he is guilty) and was still elected. In Wisconsin the guv was accused of coordinating with outside groups in his campaign. It is a long tedious tale to repeat but in the end the wingnut dominated soopreme court made up law to exonerate Walker. Kansas guv Brownback’s brother is a real thug who has committed a garden variety of crimes.but local officials won’t charge him because of family connections. Aladamnbama is bankrupt, Virginia’s last guv and wife were indicted and convicted,etc,etc…

    Lest I forget,Texas last guv is under indictment for abuse of power.

  145. mike from iowa 2015-10-24

    Les,really-why not swallow a teaspoon full of baking soda and improve your disposition? Does for your sour stomach what it does for battery acid. A healthy teaspoon full of soda in a glass of hot water and you will feel like a human again in no time.Works for acid reflux and heartburn equally well.

  146. Spike 2015-10-24

    Yea Mike, I know. It’s just darn frustrating here. Our guy Joe Lowe would state, Only North Korea, China and used to be Lybia have had one party rule governments longer than South Dakota…..

    The feel good sorry ass campaign of Susan Wismer was an embarrassment. She complained it cut into her business time, apologized for being a democrat n generally was a joke. Said she would campaign after tax season. Until the Democrats get serious about west river, particularly Pennington county, we will still be a monarchy.
    N we are losing ground east river too.

    Thanks Jerry for that. Good reminder, my father was cut EXACTLY from that cloth. Wow

    Daugaard n Rounds talked liked they are know it alls on economic development. ..n how dare us peons ask questions. While Joop bent them n their staff over.
    We all know good Republicans like John Tristian, how do we engage them then Mike? There’s always hope n never give up… Michigan Sate over Michigan proved that last week.

  147. Michael Boswell 2015-10-24

    I sure in the heck wouldn’t support an ethics board comprised of South Dakota Democrats judging from the group here. You all have tried and convicted the Republican Administration and there hasn’t even been a court trail. The Federal Government (ran by a Democrat) finished its investigation without bringing charges to anyone. Cory you evidence and narrative come up with diddly squat. The big goose egg. That’s why I don’t have to come up with anything as you didn’t have enough prove for the Feds to convict anyone. Are we chasing phantoms here? Let’s be truly honest here you are Democrats and you want to show the Republican Party in a bad light. You don’t care if you have any evidence to prove criminal guilt, you are ok with evidence that you can say here look here Scandal. Just like the boy that cried wolf. Food for thought. You want an ethics commission it should be comprised of the representatives of the voters (the legislature). There is no need for a separate ethics board.

  148. mike from iowa 2015-10-24

    You’ve been smelling the stench so long you don’t even recognize the stink of corruption. You just run along with your blinders on. The adults will soon be in charge.

  149. Porter Lansing 2015-10-24

    You might be right Boswell. But I’m keeping track of your defense of JACKLEY, ROUNDS AND BOLLEN. Right now, they’ve been unethical at least which is grounds for an election shift. An indictment might or might not arise but as I told you, “In politics perception is reality.” And the voter’s perception of your party isn’t rising anymore.

  150. mike from iowa 2015-10-24

    Texass Guv Greg A-butt sent his goons to raid Planned Parenthood a couple days ago. Texas has been hit with 20 some inches of rain,but guess who wasn’t prepared to deal with the chaos? Priorities,priorities.

  151. Roger Cornelius 2015-10-24

    As Michael Boswell continues the same narrative that he started with, actually I think he likes the word “narrative, I have a request of him, or maybe a challenge.
    Michael, I suggest you Google The Most Corrupt U.S. states, there are numerous sites for you to review and most rank South Dakota in the top ten of the most corrupt.
    When you review those sites, pay particular attention to the categories and how they arrived at their rankings.
    Note: Even FOX Business ranks South Dakota in the top ten.
    These ratings don’t prove that Rounds, Dauggard, Jackley, Bollen, et al, guilty but they do show public abuse.

  152. Spike 2015-10-24

    Michael I thought you said you tapped out…please do. We are having a discussion here.

  153. Lynn 2015-10-24

    Michael Boswell,

    You might as well just agree to disagree at this point and not waste your time unless you have it to waste. Plus a number of the commenters are probably pretty well blazed or have been all day and that’s like trying to reason with a rock. Besides the SDDP is pretty much impotent and will be for quite some time with the knucklehead things that are going on and 2016 will most likely be another really bad year.

    Now if your talking about legalizing marijuana & other drugs I’m sure attitudes towards you will turn 180 and your biggest attackers will be your best buds.

    btw! 23 years in the service off and on? Air Force on a B-52 flight crew your first hitch? I had two good friends stationed at Fairchild AFB during the Reagan years.

  154. Michael Boswell 2015-10-24

    Actually Lynn, I am a BombNav Troop and then eventually an Instructor. Even with the year in Iraq my service time was a great thing. As far as this post or thread, I only wanted to point out that Cory is far from being objective. I knew this coming into posting here. I got the word from a few of the local journalist and radio stations. I was concerned when he and Bob Mercer started with Mid Central, if they tipped off Westhuis of the impending situation and he decided to take care of it himself. That causes me concern that their witch hunt to find political corruption could have cost lives.

  155. Michael Boswell 2015-10-24

    There are two case studies floating around about corruption and are quoted by many other sources. 1 is a University done by Hong Kong and Indiana hardly unbias as we all know what side of the political spectrum Universities are. The other is from The Center of Public Integrity which says they are unbiased, but is funded by liberal donors.

  156. Disgusted Dakotan 2015-10-24

    WHOA! Stop right there Boswell! You can be an apologizing stooge all you want; however, when you ignorantly try to lay the blame on the dead family on CAH and others for reporting about the corruption? Wrong answer! People like YOU are to blame for so blindly supporting politicians who have a history of corruption!

  157. Michael Boswell 2015-10-24

    I wasn’t blaming I was concerned about it. As a citizen I have that right.

  158. Michael Boswell 2015-10-24

    But maybe using Cory’s examples Jackley should look into the Journalistic Investigation of Mid Central and assure that proper Journalistic process was used.

  159. Lynn 2015-10-24

    Michael Boswell,

    That’s great about your service but after all those years of service and looking at your photos in Iraq I noticed you had the rank of Specialist E-4. Was the Air Force that slow to promote? I would think you would be an E-6 or E-7 with time in service. I considered the Air Force with all the pluses it offered but went into the Army during the Reagan years knowing one could gain in rank a little faster.

  160. Bob Newland 2015-10-24

    Boswell, you and Lynn, as morons, have no rights.

    Newland. Out.

  161. Spike 2015-10-24

    Seriously Lynn,? Yes we dems won’t win any elections in SD because you continue to naively vote for a philosophy and not recognize the people your electing are not very worldly. Lobbying in Pierre is unbelievable, more behind closed doors meetings than you must know of. Our state governmental system is obsolete. Don’t know what your talking about when you say knuckle head things going on but you MUST be talking about Michaels comments. OR perhaps Mrs. Clinton making your party look rather embarrassing. When it comes to drug use n military service maybe you forgot that Bush avoided Vietnam by joining the Guard then avoided that Guard cause he was snorting coke all the time.

    I don’t do drugs and I refuse to think that military service gives you a superior opinion. Nope.. too many combat war heroes in my family and in most SD families irregardless of politics. AND THEY DONT BRAG ABOUT IT.

    Apparently you aren’t for increased teacher pay? And for necessary trips to the Philippines n Cayman Frickin islands? And for wealthy middlemen skimming money off federal funds appropriated for poor native students?

    Hey read the 18 page notice. Do you think the Feds want to do this? Hell no.

  162. Michael Boswell 2015-10-24

    There was no NCO slots available when I went into the SD Army National Guard. My priority at that point was to finish my 20 good years of service.

  163. Roger Cornelius 2015-10-24

    Michael Boswell’s tinfoil hat conspiracy theory that Cory and Bob Mercer were even remotely responsible for the Westhuis murder/suicide is totally irresponsible and without the foundation and evidence that he demands from Cory.
    Now I suppose he’ll tell us that missing $5 Million that USCIS is in SDDP piggy bank.

  164. Roger Cornelius 2015-10-24

    I have never known of anybody’s military experience or resume to win a debate.

  165. Michael Boswell 2015-10-24

    Again Roger I am not accusing or blaming anyone. I am concerned about an investigation done and that proper journalistic professionalism was followed. I think that is equally worthy of an investigation. You are jumping to conclusions.

  166. Lynn 2015-10-24

    My good friend Bob,

    We have no rights because we are not stoned and are not constantly seeking the next psychedelic trip? You’ve been out for a while. Enjoy the trip!

  167. mike from iowa 2015-10-24

    Well Bos,if not for the excellent liberal arts education your country provided for you,you’d prolly be a simpering maroon that believes every talking point Fake Noize puts out. Watch it,Obama is gonna take your guns. Pay Lynn no mind. She has been to Silicone Valley or some damn thing.

    Your local tip prolly came from the War Toilet-the unbiased (I just threw up in mouth a little) wingnut site.

  168. Lynn 2015-10-24

    Michael Boswell,

    I follow you. Plus you can retire at the highest grade level achieved during your military career regardless of the last slot you were in at your Guard unit. Cool!

  169. Michael Boswell 2015-10-24

    I really didn’t care for liberal arts I like the hard sciences. But you can’t say that my country provided it, as it was more of a cost sharing.

  170. jerry 2015-10-24

    Adolph Hitler was an E-4 and look at how he did.

  171. Roger Cornelius 2015-10-24

    No Michael, read your comment again, you implied that Mercer or Cory tipped off Westhuis and therefore he committed a murder/suicide.

    Precisely how would Jackley proceed in an investigation about professional journalism? You are aware, are you not, that journalism is a protected Constitutional Right.

  172. Bob Newland 2015-10-24

    Lynn, you hurt people like me to the quick. You are mean. I don’t think I like you.

  173. Spike 2015-10-24

    Hey Lynn,

    Michael is the one doing drugs. He makes no sense. After all his rambling he says he’s not accusing or blaming anyone? WTF?
    Proper journalistic process and professionalism? Oh gee did Cory and Bob hurt someone’s feelings?

  174. mike from iowa 2015-10-24

    I was concerned when he and Bob Mercer started with Mid Central, if they tipped off Westhuis of the impending situation and he decided to take care of it himself.

    They would have had to tip him off post mortem,sport. Does nothing register in your brain? Are you like Lynn. I keep reminding her to look up because these conversations go right over head. Same with you apparently. You are being deliberately obstinate and insulting.

  175. Michael Boswell 2015-10-24

    It is so long as you are safe guarding those same rights of the individuals you are investigating. While I am not saying, there would be an investigation. Tipped off doesn’t mean that they said anything to Westhuis, but in how things were handled Westhuis could see the writing on the wall. I think as a concerned citizen anyone would beg to wonder, why so shortly after Platte incident that Cory was being interviewed about Mid Central. So Mike it didn’t come from the War College. I was concerned from the start.

  176. Lynn 2015-10-24

    Spike,

    Save it! Go back a ways and look at when I used to post more on this and the old Madville Times. I’m a little more aware of things than what you have briefly viewed recently.

    The SDDP is a train wreck and won’t offer much of a challenge for a long time. Voter registration in the SDDP has been declining every month for quite some time yet we have a bunch of people within the party that have an obsession with legalizing another intoxicant here in South Dakota. They are either knowingly or unknowingly spreading false claims that people are being thrown in jail for smoking a joint. South DaCola has an interview with the Minnehaha Sheriff and he said they don’t. I’ve sat in a number of court proceedings and none of those caught with small amounts were sent to jail. They had some pretty expensive fines and had to go to counseling and treatment but no jail.

    A growing number of non-pot smoking Democrats and Independents are becoming aware of the push by a few in the SDDP to legalize a fake medical marijuana law and totally legalize it and I can tell you they WILL NOT VOTE for any DEMOCRATS. They would of easily voted for a challenger to the governing party but this single issue has totally thrown them a curveball in that they were surprised that the SDDP would be dumb enough to have ANY association with these two efforts and the long lasting negative consequences legalization will have.

    That’s ok live in your bubbles thinking Colorado and other states are the land of rainbows and unicorns but come Nov 2016 there could be a revolution like Colorado or an even worse election result for the SDDP.

  177. Disgusted Dakotan 2015-10-24

    Boswell, it is blind stooges like you, on both sides of the aisle, that are the reason the USA is so screwed up! People like you who turn a blind eye simply because a corrupt politician shares their same voter party registration! To blame reporters for reporting on the tragedy caused from unchecked corruption that politicians you support caused? Absolute chicken fecal matter.

  178. Craig & Ronette Guymon 2015-10-24

    Mr. Boswell, your bonehead rebuttals mirror those of other flapping jaws that have repeatedly objected to forming a state government ethics commission claiming the Government Operations and Audit Committee (GOAC) already effectively serves in such a roll.

    Little more than a year ago, Gov Rounds & Gov Daugaard each displayed dishonorable character and gutless leadership when Gov Mike and Gov Denny refused to personally testify under oath with regards to EB-5 matters before the GOAC. The GOAC refused to require either coward to testify in person under oath before legislators serving on the GOAC.

    Instead, the GOAC allowed Gov Rounds & Gov Daugaard to submit EB-5 written responses to questions posed by legislators serving on the GOAC which prevented committee members from immediately inquiring with regards to Gov Mike’s and Gov Denny’s responses.

    Instead of being men of integrity, honor, candor and courage willing to appear in person and testify under oath, Gov Mike and Gov Denny dishonorably hid behind lawyer coattails and stacks of law books with each cowardly governor’s written responses craft by legal counsel.

    Gov Rounds, Gov Daugaard and GOAC EB-5 leadership failures and dishonorable actions have secured South Dakota’s new claim to fame “Most Inept & Corrupt State in the USA” – “The only state to be dropkicked by the Feds from continuing to serve as an EB-5 Regional Center”.

    One-party rule needs more than a tweaking, realignment, revamping, and overhauling. One-party rule is more than just damaged and broken. South Dakota’s cronyism and nepotism infested one-party rule is a damn train wreck that needs to be disassembled by a tri-partisan ethics commission of honorable men and women.

    Mr. Boswell, end of message and end of discussion!

  179. Michael Boswell 2015-10-24

    Roger that was a nice dodge you left off the ” I was concerned part” I said ” I was concerned when he and Bob Mercer started with Mid Central, if they tipped off Westhuis of the impending situation and he decided to take care of it himself.” Being concerned and accusing is quite different.

  180. caheidelberger Post author | 2015-10-24

    Holy $@^*ing #^&@ and %#@+!!!! This thread is not turning into another “You jerks smoke pot so FU” thread!

    I have not written one word while under the influence of any drug. Not one fact I have reported on EB-5 is invalidated by any drugs that any person in the world on or off this blog takes. No matter how high on pot, shrooms, or Fox News anyone in this conversation may be, the USCIS termination notice affirms a big part of the narrative that I reported from day one: South Dakota’s EB-5 program broke the federal rules under which it was supposed to operate. Money went to things other than job creation. Documents show some seriously shady numbers and activities. That’s what matters here.

    Lynn, if you seriously are going to dismiss the corruption wrought by the SDGOP regime just because you’d rather falsely accuse everyone involved with this blog (and by further wild flight from reality, everyone involved with the South Dakota Democratic Party) of illegal drug use, you are making a grave error. Stand down… and at the very least, save your anti-pot rhetoric for pot posts. Do not contribute to Michael Boswell’s effort to prevent South Dakotans from seeing the real corruption of South Dakota government, corruption that has nothing to do with and is significantly worse for the Republic than the harms of marijuana.

  181. Spike 2015-10-24

    Wait I’m confused .. westhuis listened to Cory or Mike? That’s unbelievable. Shame on you Michael. He was told by SDDOE that mid central was done with Gear up. But cripes they were getting too big passing around too many consulting checks and the thing was bound to collapse.

    Dang don’t you have some studying to do in operational management? Read the 18 page notice on EB-5, that’s relevant.

  182. Michael Boswell 2015-10-24

    Again I am not accusing anyone. I said I was concerned.

  183. Michael Boswell 2015-10-24

    Cory your narrative on Corruption needs some work. The Feds didn’t see the need to charge anyone with a crime.

  184. Lynn 2015-10-24

    Cory,

    Michael Boswell and the rest here can agree to disagree. Both sides have reached the end without making any gains in the argument.

    The SDDP is impotent will most likely be for quite some time due to some very bad decisions and won’t be able to offer much of a challenge for change. I could be wrong but I highly doubt it.

    btw! What happened to Larry’s blog? Legal issues? Liability for the SDDP?

  185. caheidelberger Post author | 2015-10-24

    Michael Boswell blames Bob Mercer and me for the death of the Westerhuis family. Wow. Now Michael you’ve proven your inability to deal in fact.

    Review the texts and the timeline. Before the Westerhuises’ deaths, Bob Mercer reported on Mid-Central once, back in May. He was reporting on a public document, an audit conducted by the state of which MCEC and Westerhuis would have been fully aware with or without Mercer’s reportage. Mercer’s reporting did not pull any triggers or light any fires.

    I didn’t touch the story until someone pointed out the Attorney General’s announcement of the preliminary autopsy results, six days after the deaths and fire. My attention to the story, my reporting of the big windfalls from MCEC-managed grants by Rick Melmer, Joe Graves, and Lance Witte came after the Westerhuises’ deaths.

    Having utterly failed to refute any of the substantive points that I, Bob Mercer, and the USCIS have made about South Dakota’s corrupt EB-5 program, Michael Boswell now resorts to blatant fabrication. Desperation does not become you, Michael. Admitting you are wrong is much simpler.

    But to review the body count:

    —Number of people killed by my reporting: 0.
    —Number of people killed by South Dakota’s corruption: open for investigation and debate, but I feel far more comfortable saying this number is nonzero.

  186. Spike 2015-10-24

    I’m with you Cory, Lynn seems more than a little obsessed about some weed. Did I hurt your feelings Lynn? Are you part of the In Crowd? And I didn’t acknowledge it?

    I’m thankful you sat in some court proceedings n have apparently hung out in the Pierre bars. I recognize your importance n your helpful management of EB-5.

  187. Lynn 2015-10-24

    Spike your way off the mark but feel free to keep missing. It’s your time not mine. lol :)

  188. Michael Boswell 2015-10-24

    Well Cory I will take your word for it and I give you my humblest apologizes. Like I said I was concerned and was not attempting to accuse anyone.

  189. Roger Cornelius 2015-10-24

    Again Michael bores us with “Cory’s narrative” and “I was concerned about”.
    Anybody up to counting how many times Michael has said “Cory’s narrative”?
    I am awaiting Michael’s response to how Jackley should be investigating Cory and Mercer for their journalistic integrity and if there are any prosecutable crimes committed by them.
    I’m beginning to think that Michael may have some financial attachment to EB-5, MCEC, or both.

  190. Spike 2015-10-24

    Na lynn I’m not off the mark, you come in here rambling about SDDP n pot. hell I can agree with you on some of what you say about SDDP. I’m more curious on your take on Bush snorting coke?

    Oh that’s not the subject..it’s EB-5. Come on Lynn did you keep Joops books then? Cause obviously your waay smarter and in “the know” than I am. It’s obvious. I do know a few real republicans tho. Thank god.

    Sorry Cory, my REPUBLICAN dad says never get in a pissing match with a skunk. I shoulda listened to him.

  191. caheidelberger Post author | 2015-10-24

    “Concerned,” not “accusing.” Ah, the old dodge. Afraid to own your words, Michael? Lay the scurrilous charge, then pretend you didn’t lay it. Cute.

    Why even say it? Whether you call it an accusation or a concern, are you willing to admit that you are completely wrong about the timeframe and thus have nothing to be concerned about?

  192. Lynn 2015-10-24

    “and by further wild flight from reality” I’ll make sure to tell others who have the same concerns and will not vote for any primarily Democratic and Republican candidates here in SD with their association with legalizing Marijuana that they also suffer from a “further wild flight from reality” and that their concerns are dismissed and are invalid.

    That will just further tick them off.

  193. leslie 2015-10-25

    boswell is a pawn and a shill of the person who put him up to this grand suggestion he made that mercer and cory’s aggressive and investigative media coverage should be stopped because it exposes SDGOP. somebody put the idea to him that their reporting caused deaths, as boswell is obviously not smart enough to have originated such a knee-jerk premise. that he ran with it affirms his great love affair with murdoch/faux/limbaugh/colter/hannity/drudge/kota/palin deliberate, maliciously misinformed opinion entertainment that sears his rage trigger on a daily basis. he probably jealously carries loaded guns on his person and about his premises “just in case”. just my “concern”. lynn seems to be a part of that conspiracy.

  194. caheidelberger Post author | 2015-10-25

    Well, Lynn, I know you’re smart enough to understand that my criticism of your false accusations is addressed entirely at you. But if your conscience won’t stop you from taking my words out of context and essentially lying to people, then nothing I say will stop you, either. Do what you will, and tell yourself the lies you need to live with yourself.

    But if you think voters should be more motivated by the things you imagine I am saying than by the SDGOP corruption that’s really happening, then you are doing the people of South Dakota disservice.

  195. Lynn 2015-10-25

    Cory,

    As you requested my response is under the most recent Marijuana thread which I have other questions for you. btw! Good Morning! :)

  196. Lynn 2015-10-25

    Leslie,

    Regarding Michael Boswell while I’d probably enjoy having a conversation about his time in the service we would end up politely agreeing that we disagree on what has been happening here in South Dakota.

  197. leslie 2015-10-25

    buresch, boswell, lynn, gruds, thune, noem, rounds-only in SD. geez

  198. Craig & Ronette Guymon 2015-10-25

    Title for this topic of discussion is 100% accurate with regards to what is contained the USCIS termination notice. The Governor’s Office of Economic Development, Bollen and Benda broke EB-5 rules. The incompetency, ineptness and lack of integrity, honor, candor and courage of top-echelon state officials is clearly identified and publicly disclosed in this 19-page document. As always, “THE BUCK STOPS ON THE GOVERNORS’ DESKS!” These violations of public trust are disgusting to say the least, but what follows is even uglier — neither a dead man or dead program talk!

    Page 1 of this 19-page notice states: “U.S. Department of Homeland Security — U.S. Citizenship and Immigration Services — Notice of Action — Sept 28, 2015 — Page 1 of 18 — South Dakota Regional Center c/o South Dakota GOED 711 E. Wells Ave Pierre, SD 57501 — Notice of Intent to Terminate” …

    Page 2 of this 18-page notice states: “This notice is I reference to the approved designation of South Dakota Regional Center (the “Regional Center”) as a regional center under the Immigrant Investor Program (“Program”). The purpose of this notice is to notify the Regional Center that … U.S. Citizenship and Immigration Services (“USCIM”) intends to terminate the participation of the Regional Center in the Program because IT FAILED TO SUBMIT INFORMATION REQUIRED BY USCIS and no longer serves the purpose of promoting economic growth” …

    Pages 18 – 19 of this notice states: “USCIS has determined that the Regional Center ‘HAS FAILED TO SUBMIT REQUIRED INFORMATION TO USCIS’. USCIS has also determined that the Regional Center does not serve the purpose of promoting economic development … Therefore, USCIS intends to terminate the Regional Center’s participation in the Program … within 30 days from receipt of this notice, the Regional Center ‘MAY OFFER EVIDENCE IN OPPOSITION TO THE GROUNDS ALLEGED ABOVE’. Failure to respond to this notice of intent to terminate will result in termination of the regional center designation based on the above stated reasons. Please mail ‘ANY EVIDENCE YOU WISH TO PROVIDE IN OPPOSITION TO THE GROUNDS ALLEGED IN THIS NOTICE OF INTENT TO TERMINATE’ to the address noted below and include a copy of this letter on top of your submission.” … (USCIS mailing address was provided on this same page).

    Here’s an even uglier summary. In the fall of 2014, two cowards, Gov Rounds and Gov Daugaard, refused to personally appear before the Government Operations Audit Committee and respond under oath to EB-5 questions asked by legislators serving on the GOAC. Gov Mike’s and Gov Denny’s EB-5 cover and concealment needs continued to trump the public’s: (1) Right to know all the facts surrounding EB-5 matters; (2) Right to recover all pilfered investment-for-visa economic development funds; and (3) Right to participate in and have access to economic development funds provided through the under this Immigrant Investor Program.

    Here’s the ugliest part of this summary:

    • Prior to receiving the USCIS 19-page notice on Sept 28, 2015 Gov Daugaard and AG Jackley chose to take no legal action against Joop Bollen with regards to recovering EB-5 public documents and funds; the action to do so was filed in circuit court on Oct 16, 2015.

    • Apparently, Gov Rounds, Gov Daugaard, GOAC and one-party rule public image needs caused Gov Daugaard to choose to take no action (Bureaucrat Default Act) in response to the Sept 28, 2015 USCIS notice of intent to terminate the South Dakota Regional Center’s participation in the Immigrant Investor Program within 30-days of receipt of the notice.
    Instead of manning up in an honorable manner, the two coward’s flapping jaws spewed the following swill as reported by news media organizations: (1) Oct 22, 2015 Gov Daugaard berated the Immigrant Investor Program as having no economic value for South Dakota citizens due to EB-5 being ear tagged for high risk business ventures … more than adequate venture capital already available — during the remainder of his administration, Gov Denny sees no reason for South Dakota to participate in the investment-for-visa program; and (2) Oct 22, 2015 former Gov Rounds was reported to have stated that he had not yet reviewed the notice, but was certain the issues raised in the document happened when the a private firm managed the SD EB-5 Program or sometime after he was no longer South Dakota’s governor (Jan 2011) … Feds were right in exercising oversight and issuing notice to terminate South Dakota Regional Center’s participation in the investment-for-visa program.

    In 2013, Gov Daugaard terminated the EB-5 administrative contract with Joop Bollen; administration of the EB-5 Program went back to the Governor’s Office of Economic Development; there has not been a new investment-for-visa project since Gov Daugaard took control of the EB-5 reigns. Mike Rounds was South Dakota’s governor from 2003 – 2011. The Governor’s Office of Economic Development launched the investment-for-visa program in 2004. Simply astonishing how the visa-for-investment program was the greatest economic development opportunity ever available when Gov Rounds used it as part of the capital package in pitching the Northern Beef plant in conjunction with promoting the South Dakota Certified Beef initiative. Interesting to say the least to observe how the EB-5 dung is now being flung.

    In 2013, when did the one-party rule machine formulate and launch their investment-for-visa economic development “Bureaucrat Default Act” cover and concealment plan?

  199. grudznick 2015-10-25

    Mr. Guymon, are you a vote monger and election criminal?

    grudznick out

  200. Bob Newland 2015-10-25

    Lynn, how much prison time do you think is about right to punish someone for ingesting a harmful substance?

    And, by the way, anyone who keys in the idiotic combination of characters “lol” is, by definition, a moron. Anyone, I say.

  201. grudznick 2015-10-25

    1 to 2 years, depending on their attitude, Bob. And willingness to eschew the demon weed in the future.

  202. Craig & Ronette Guymon 2015-10-26

    grudz what rock did you crawl out from under … Do you always speak in a back-ass-wards manner using 4th Grade Grammar … What is you have any measurable IQ … based on all of your posts I have seen … no use typing anything else … Gudz, your beyond help — even beyond “Ya cannot fix stupid” … wishing you an infinite degree of misery!

    Badger, Out!

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