A bill inspired by this blog's reporting has received unanimous approval from both chambers of the South Dakota Legislature. Senate Bill 18 makes conducting a fake raffle a crime prosecutable under South Dakota's deceptive trade practices statute. In five votes—Senate Commerce and Energy, full Senate, House Judiciary, full House, and Senate again to concur in amendment—not one voice rose in opposition to this bill, because every sane person recognizes that selling tickets for a raffle, then not holding the raffle and not refunding ticketholders ought to be a crime.
Such a crime is apparently rare in South Dakota. In testimony to Senate Commerce and Energy and House Judiciary, Attorney General Marty Jackley said that since 2009, the Division of Consumer Protection has fielded 25 complaints about raffles. Seven of those complaints came from three raffles that cheated no one but erred on technicalities:
- Backyard Motorcycles LLC sold tickets for a raffle to benefit Children's Miracle Network, but SDCL 22-25-25 does not allow for-profit entities to conduct raffles.
- Full Throttle Saloon sold tickets for a raffle in violation of the same for-profit-entity restriction and failed to register its raffle with the Secretary of State.
- Black Hills Youth Football did not register and sold tickets outside of its jurisdiction.
AG Jackley said all three of those errant rafflers have refunded ticketholders, are refunding, or are working with the AG's office to make things right.
The remaining eighteen complaints all come from the same raffle: Preventive Health Strategies' fake raffle of land in Moody County, promoted in late 2012 and 2013 by U.S. Senate-candidacy-bound Annette Bosworth and her husband Chad Haber. PHS sold raffle tickets for $1,000 apiece but never held a drawing, never awarded the prize (AG Jackley confirmed the Moody County land has not changed hands) and never offered refunds. Five months after this blog broke the story of this fake raffle in November 2013, and after Bosworth and Haber attempted to cover their scam by publicly framing former employees, the Attorney General managed to shake five $1000 refunds out of PHS.
However, in his testimony to the Legislature, AG Jackley said the remaining thirteen complaints against PHS remain unresolved. The Attorney General used the present perfect progressive, saying his people "have been trying to work with the owners," suggesting that the AG's effort to get Bosworth to cough up the $13,000 they swindled from the remaining complaining ticketholders is not over.
According to Attorney General Jackley, Senate Bill 18 will not be retroactive. The PHS raffle scam will not be subject to prosecution under SB 18. However, AG Jackley told Senate Commerce and Energy chairman Sen. R. Blake Curd (R-12/Sioux Falls) that his office could still bring theft charges if it can prove that PHS had fraudulent intent never to conduct its Moody County raffle.
House Judiciary added an amendment at the request of the Attorney General and State Treasurer Rich Sattgast to remove the 30-day refund requirement and bring Senate Bill 18 in line with the state's other unclaimed property statutes. That amendment allows the AG to pursue bogus raffle claims, place retrieved funds in the unclaimed property fund, and let the Treasurer handle distributing refunds. The Senate thus had to take up SB 18 again today to concur with that amendment. With today's unanimous vote, the Bosworth-Haber raffle scam bill now heads for the Governor's desk.
I like that-working with the AGs office to make things right. That could be code for giving Jackley campaign contributions to make this embarassment go away,among other things.
Hahaha. What a great name for the bill: "the Bosworth-Haber raffle scam bill."
Perfect.
I am told that Mr. Jackley says this law was inspired not by any blogging but by some complaints filed with his office by bilked citizens. I once complained to my neighbor about the street not being plowed and then a few hours later they plowed it. I took credit.
You're a republican grudz, republicans are always taking credit for the good others do and passing the buck on the bad they do, it's the republican way.
"I once complained to my neighbor about the street not being plowed and then a few hours later they plowed it. I took credit."
Mr. Tim, are you calling our friend Mr. H a Republican?
grudz, give credit where credit is due.
Good job Cory.
Good job Mr. Jackley.
Let the bloggings show that I begrudgingly, no punt in the tent, give Mr. Jackley credit for this because I, for one, think that the pretty young Dr. Bos is somewhat misunderstood and think that when she gets her day in court all will be revealed. Her only real mistake was shacking up with that fellow who had a little dwarf in him, the one that tried to blog and such. He was no match for Mr. H
Deb, I like to think I'm at least good at naming things. Of course, I was lobbying for Rufus for a child name.
But Cory, if his friends called him Rufie, that could lead to some problems with girlfriends.
Rufus? With or without Chaka Khan? Tell me something good.
Yo Deb-how's my Latin? YSSWM
YSSWM is not Latin.
Deb, I firmly believe in reclaiming noble names from modern misuse.... though "Chad" and "Annette" may be hard to salvage.
Little known fact, Cory. Our friend Bill Harlan's middle name is Rufus.
Tell me somthin' good. Thanks mfi, now I'll have that tune in my head all day. Life could be worse, I guess.
Humblest apologies,Bill F. I feel for you. :)
No prob, mfi. Love that tune.
It is so wonderful to have an amazing AG like Marty Jackley who goes after criminals like Dr. Bosworth, Brandon Talliaferro, and Shirley Schwab. How many millions of dollars has he spent on those 3? They should all be locked up right Cory? Tampering with evidence in the Mette rape scandal and signing petitions without witnessing some of them. Oh my my. Cory, the way you are pumping up MJ, you would be a great campaign manager for him if he runs for Governor. No difference between the 2 establishments. I am sticking with the outsiders, like AB, BT and SS. My money is on these 3 fearless people to bring down the AG. Your on the wrong side Cory. I thought you were a Democrat. Gordon Howie and Lora Hubbel and her new movement which you won't even report on have it right.
Bill, I love it too.
As I was scrolling through the comments....I was thinking no way...no way...Tara has finally seen the light....Then BooM right at the end.
James, I have seen the light and it's not pretty.