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Bollen and Sveen to GOAC and South Dakota: I’m King, F*** You

The arrogance continues. Joop Bollen wants to hide his activities as a state employee behind the façade of his private corporation, yet he demands the same deference as the highest state employee in South Dakota.

On August 21, 2014, Senator Larry Tidemann (R-7/Brookings), chairman of the Government Operations and Audit Committee, sent a letter inviting Bollen to attend GOAC's September 24 meeting. "This is not a subpoena," Senator Tidemann emphasized.

Since you were instrumental in the development of the EB-5 program in South Dakota, I believe a presentation by you of the chronology and details of the operation of the program would be beneficial to the Committee [Senator Larry Tidemann, letter to Joop Bollen, 2014.08.21].

For 18 days, Bollen remained silent. Then he had his lawyer and EB-5 confederate Jeffrey T. Sveen pen this response:

As you know, Mr. Bollen operates a private business, SDRC, Inc, which until recently administered the EB-5 Program in South Dakota. Due to the nature of the EB-5 Program, SDRC, Inc. is obligated to maintain appropriate confidentiality. SDRC, Inc. has previously provided information to government authorities when requested to do so. As the Committee is aware, an audit by the State of South Dakota has shown that all funds administered by SDRC, Inc., were properly applied.

The press has published many inaccurate and misleading articles about the EB-5 Program. Mr. Bollen does not desire to participate in the political and media frenzy which has surrounded the actions of NBP and GOED personnel. Therefore, Mr. Bollen respectfully declines your invitation to appear in front of GOAC. I understand the Committee has requested that former Governor Rounds and Governor Daugaard respond to written questions from the Committee. Please be advised that Mr. Bollen is open to the same approach to provide appropriate information to the Committee [Jeffrey T. Sveen, letter to Senator Larry Tidemann, 2014.09.08].

We need to break this down.

1. "Mr. Bollen operates a private business, SDRC, Inc,...." Bollen developed and administered the EB-5 program as a state employee from 2004 through 2009. Bollen was a state employee when he signed the January 2008 contract that shifted EB-5 to SDRC Inc.'s bailiwick and set the stage for exactly this kind of dodge of public scrutiny.

2. "Due to the nature of the EB-5 Program, SDRC, Inc. is obligated to maintain appropriate confidentiality." Who said GOAC would ask anything about confidential business matters? SDRC Inc. didn't exist until January 2008; why cannot Bollen answer the Legislature's questions about the development of EB-5 prior to SDRC Inc. and the state's side of interactions with SDRC Inc. after its formation?

3. "SDRC, Inc. has previously provided information to government authorities when requested to do so. As the Committee is aware, an audit by the State of South Dakota has shown that all funds administered by SDRC, Inc., were properly applied." It sounds like Sveen and Bollen are keenly sensitive to money questions that Senator Tidemann never asked in his invitation.

4. "The press has published many inaccurate and misleading articles about the EB-5 Program." Wait? Really? Like what? Joop, Jeff, call me. Help me clear up those inaccuracies. Or just come to committee and put those misleading articles to bed once and for all.

5. "Mr. Bollen does not desire to participate in the political and media frenzy...." Senator Tidemann is not inviting you to a political frenzy. He is inviting you to a hearing of a committee of the South Dakota State Legislature, to take questions from the elected representatives of the people who wrote your checks.

6. "...which has surrounded the actions of NBP and GOED personnel." Oh! Catch the blame shift! The "media frenzy" isn't about Joop Bollen and SDRC Inc. It's about people who worked for Northern Beef Packers and the Governor's Office of Economic Development! (I'm telling you, press Bollen, and he will turn on his former patrons with a vengeance to save his own skin.)

7. "Therefore, Mr. Bollen respectfully declines your invitation to appear in front of GOAC." Note that Bollen is not offering a legal reason for refusing a Legislative request to provide information about his activities as a state employee. The reason is purely personal. If I were a Legislative committee chairman, I would assert the superiority of the state's interest to Bollen's personal pettiness with a vengeance.

8. "I understand the Committee has requested that former Governor Rounds and Governor Daugaard respond to written questions from the Committee. Please be advised that Mr. Bollen is open to the same approach to provide appropriate information to the Committee." And finally, the ego trip. That deference you're showing the elected head of this state? I expect the same treatment. Kiss my ring, too, and I'll be "open" to answering your questions.

Bollen has dismissed other investigators with the same arrogance. Now, Senator Tidemann, Joop Bollen is flipping that bird at you and at all the people of South Dakota. Senator Tidemann, on behalf of the people of South Dakota, I say it's time to stop taking that bird. He has given you no good reason not to accept your invitation to explain his activities as a state employee and contractor whose checks your appropriations bills wrote. Senator Tidemann, issue that subpoena.

28 Comments

  1. mike from iowa 2014.09.19

    I say take him out and fry him in a vat of gurgling brew.

  2. Using BatGirl this week 2014.09.19

    Sveen does have another commitment on that Tuesday morning - defending himself before the 8th Circuit Court of Appeals on RICO charges that he committed mail fraud, wire fraud, transported stolen goods across state lines, etc.

  3. Roger Cornelius 2014.09.19

    Using Bat,
    More details please, what do the RICO charges relate to?

  4. Roger Cornelius 2014.09.19

    The Rapid City Journal headline on Joop's response to Tidemann's invitation was, "Bollen Vows To Answer Written Questions".
    If Bollen can make this "vow", why can't he place his hand on a Bible and start talking?

  5. bearcreekbat 2014.09.19

    Although the Sveen/Hutterite case before the 8th Circuit was initially premised on RICO charges, the Plaintiffs' claim was dismissed because the district court ruled the Plaintiffs did not have standing to sue, and that the matter involved religious questions unsuitable for resolution by federal courts. So the issue on appeal before the 8th circuit has to do with standing and religion rather than with any alleged RICO violations or alleged crimes by Sveen or anyone else.

  6. Using BatGirl this week 2014.09.19

    Perhaps Corey could post the briefs to this site?

  7. Douglas Wiken 2014.09.19

    Maybe Bollen is worried about being shot by a tree controlled by the Chinese mobs.

  8. bearcreekbat 2014.09.19

    Batgirl, I don't think the briefs are available for Cory to post for free. They are available for a small fee on the federal Court's PACER site, but you would have to sign up to access PACER and start your own account to get them.

    The district court opinion is available, however, and based on the district court's ruling, the issues in the 8th Circuit necessarily have to involve the archaic notions of standing and religious issues. Here is the link:

    http://docs.justia.com/cases/federal/district-courts/south-dakota/sddce/1:2012cv01010/50466/81/0.pdf

  9. 96Tears 2014.09.19

    Two more con artists hope to bathe in the whitewash of the GOAC hearing: Dennis Daugaard and Mike Rounds will submit their written answers.

    http://www.keloland.com/newsdetail.cfm/committee-to-read-rounds-daugaard-answers-on-eb-5/?id=169587

    If this is to take the place of a real dialogue between legislators and those who stand culpable in the big scam, then who is writing the questions and editing them? Who selects which questions get asked and which get cut? Are there limitations to the scope of the questioning and number of questions? How can legislators ask follow-up questions?

    It's interesting that Bollen is given the same privileges as the chief executive and the former chief executive. Again, this dog and pony show is no substitute for actual sworn and spoken testimony in a live hearing. What committee members will receive is laundered and highly vetted statements that are approved by attorneys and campaign officials. In short, a complete hoax.

  10. mike from iowa 2014.09.19

    and it will be sold as wingnuts are bending over backward to appease Dems and Dems just aren't gonna be happy unless everyone confesses under oath to killing babies. Wait and see.

  11. Roger Cornelius 2014.09.19

    96 Tears,
    Thanks for posting the Mercer link, the questions being asked of Rounds and Daugaard are pretty good. Some of them are actually leading that may require another round of questions.
    Cory is likely to do a post on this, but in the interim I found it interesting that the letter to Bollen was only an invitation without the questions like in Daugaard and Rounds letter.

  12. mike from iowa 2014.09.19

    Sveen looks like he initialed his letter DD instead of JS.

  13. caheidelberger Post author | 2014.09.19

    (I'm still working on those RICO briefs. Stay tuned.)

  14. caheidelberger Post author | 2014.09.19

    Indeed, it looks like some questions of substance made it into the inquiries sent to Governor Daugaard and candidate Rounds.

  15. Roger Cornelius 2014.09.19

    Not being a subscriber to what Cory calls "that Sioux Falls", I was blocked from reading the article and only caught the headline.
    Apparently Senator Johnson has asked for a senate review of the South Dakota EB-5 program, according to what I could see from Montgomery's article Mike Rounds supports the inquiry.

  16. Lynn 2014.09.19

    Roger if you clean the memory on your computer I believe you will gain access to the Argus and other papers like the Minneapolis Star Tribune. They have a counter and you can view them so many times before you either clear your memory or purchase an online subscription.

  17. Roger Cornelius 2014.09.19

    Thanks JeniW, I tried your link and it still didn't work.

    Lynn, Thanks, I have no idea how to clear my memory. The Argus allows a certain number of site visits per week or some such thing, I must have used mine up.

  18. Lynn 2014.09.19

    Upper right hand corner of your screen is tools drop down, then press internet options then press the delete button and when finished press ok. Sorry I'm a dumb user of computers too but it seems to help.

  19. Curt 2014.09.19

    Thx Lynn ... but I bet they'll fix that by Monday.

  20. Roger Cornelius 2014.09.19

    Thanks much Lynn, I cleared the browsing history and that worked, I'll have to remember that.

    The SDGOP and Wadhams will be crying and whining tomorrow, I can already hear it.

  21. Jenny 2014.09.20

    Thank you, Lynn! This worked for me too.

  22. Lynn 2014.09.20

    Curt maybe or maybe not. lol Many newspapers online edition work the same way.

  23. lesliengland 2014.09.21

    "dark, disturbing world of eb5", p. elkind, fortune 7.24.14 (8.11.14 ed.) - frightening article, cast of characters: liars, lawyers, politicians, SEC

  24. Jane Smith 2014.09.21

    Looks like Joop Bollen not only gave one middle finger to people of SD, but another to the "authorities" of SD, while churning $$$ signs in his head. This guy thinks he is superior to evade the laws of this land. So when are the true authorities going to teach this guy a lesson on break the, you go to jail lesson?
    Also, all this supposed investigations by the Feds seems to be a common excuse by the manipulating members of the legislature as a reason not to press this guy. WEAK!

  25. 96Tears 2014.09.21

    Joop has no fear of the committee. He knows Tidemann will help him evade any more intrusions after Nov. 5th. Business as usual. Only 45 more days of putting up with appearances.

Comments are closed.