…or at least not worth AG’s attention.
The Attorney General’s office reported to the Government Operations and Audit Committee Tuesday that the majority of state employees blowing whistles on fraud and abuse in government offices last year were, in its eyes, blowing smoke:
The AG’s report covers the span of 2025. During the 2025 Legislative Session, legislators passed sweeping changes to law they say better protect the state against fraud and allow more reporting mechanisms for state employees. It came following a year in which the AG’s office filed multiple cases against former state employees.
The report shows 47 complaints, 14 of which resulted in a criminal investigation. The majority, 30, were unfounded [Jackson Dircks, “GOAC Hears Attorney General’s Report on State Employee Fraud, Abuse Complaints,” SDPB, 2026.09.09].
The Department of Social Services and the Department of Corrections produced the most complaints. The Attorney General deemed 9 out of 11 DSS complaints and 7 of 9 DOC complaints not meriting criminal prosecution.
The 2025 Public Integrity Program Report labels only one of those 47 complaints “unfounded” based on actual AG investigation. The 30 complaints that the AG deemed not worth investigating were all “referred for administrative action”—i.e., referred to back to the agency that drew the complaint for “internal handling”. The Attorney General’s office took two days or less to dispose of half of the complaints.
The AG’s report shows four cases that have gone to court:
A Lawrence County grand jury indicted Nova Collins, a former employee of the Department of Social Services’ Child Protective Services, on four felony counts and one misdemeanor count for allegedly falsifying investigative reports related to a child abuse investigation. These charges stem from conduct alleged to have occurred in early 2025. This case marks the first criminal prosecution arising from the mandatory reporting requirements established by Senate Bill 62.
A Minnehaha County grand jury indicted Carson DeYoung, a former South Dakota Department of Corrections correctional officer, along with four others, on multiple felony and misdemeanor charges related to an alleged conspiracy to introduce drugs and contraband into the South Dakota State Penitentiary. DeYoung and his co-defendants are accused of conspiring to distribute methamphetamine and synthetic cannabinoids (K2), and of delivering unauthorized items, including cell phones and vape pens, to inmates. DeYoung is also charged with possession of an anabolic steroid and possession of a controlled substance with intent to distribute to an inmate.
Mark Rathbun, a former employee of the South Dakota Department of Public Safety, was initially indicted in 2025 on multiple felony counts including Solicitation to Commit Second Degree Rape, Possession of Child Pornography, and Unlawful Use of Computer System. The latter charge related to alleged misconduct in connection with the state’s driver licensing system. Following further investigation, a grand jury returned a superseding indictment charging Rathbun with 85 counts, adding one count of Distribution of Child Pornography and multiple counts of Possession of Child Pornography, Dissemination of Image or Recording – Victim Seventeen or Under, and Unlawful Use of Computer System. The charges include allegations that Rathbun used his position to access sensitive personal information and exploit state systems for criminal purposes. There are approximately fifty total victims listed in the indictment.
Kamerra Brown, a former South Dakota State University equestrian coach, was indicted in 2026 on a felony charge of grand theft. The indictment alleges that Brown used South Dakota State University resources for personal purposes, including expenditures unrelated to her official duties [Office of the Attorney General, Public Integrity Program Report, presented to GOAC 2026.09.08, p. 6].
…and three more complaints that were substantiated but didn’t rise to the level of criminal charge:
A Department of Labor and Regulation employee resigned amid an investigation into potential misuse of state motor pool vehicles. The inquiry began after Fleet and Travel reported multiple policy violations, including late returns, missing mileage records, excessive vehicle litter, and unusually high mileage for in-state. A review of records revealed discrepancies between scheduled travel and documented activities. When questioned about these issues, the employee provided limited explanations and resigned before the investigation concluded. The investigation substantiated the allegation the employee misused state vehicles.
A correctional officer was investigated for alleged excessive use of force following a fluid assault incident. The offender threw liquid at the officer through the cuff port of his cell door. The officer initially walked away but then returned and kicked the sliding cuff port to close it, despite the offender’s hands being inside the port. Kicking the cuff port slider was not supported by Department of Corrections training. The investigation was completed, charges were declined, and the allegations were substantiated.
A Board of Regents employee was investigated for allegedly using university equipment and materials for personal purposes. The investigation confirmed that the supervisor hauled rock removed from a campus building roof to his personal residence with a state-owned vehicle. While the allegations were substantiated, criminal charges were declined. The matter was reviewed with Board of Regents legal counsel and university leadership for appropriate administrative action [OAG, 2026.09.08, pp. 6–7].
The report says three fraud cases are still pending, one from the Regental system, one from DSS, and one from Game Fish and Parks.