Tenure
EB-5 Scandal
EB-5 was a national investor-visa program which granted green cards to undocumented immigrants and their families who have invested $500,000 in approved but not guaranteed investments. South Dakota and Vermont were the only states that managed EB-5 funds through a state controlled entity. On October 20,2013,Richard Benda died from a gunshot wound. Approximately a month and a half later Jackley stated that the death was a suicide. Initially it was questioned how a man could kill oneself with a shotgun. Then an updated attorney general's report said that a stick was used without explanation. Benda had served as Governor Mike Rounds director of economic development. Nearly 3 years after Benda's death,Jackley charged Joop Bollen relating to the EB-5 scandal with five felony counts of unauthorized disposal of personal property to security interest. [8] [9] In February 2017,Bollen pleaded guilty to one count and was sentenced to a $2,000 fine and two years of probation. [10]
GEAR UP scandal
On September 17,2015,Scott Westerhuis shot and killed his four children,his wife,Nicole,and then set his house on fire,before killing himself. Westerhuis was the business manager of Mid Central Educational Cooperative,which was contracted out by the state to distribute grant money. Hours before the Westerhuis home was found burning,Mid-Central Educational Cooperative,where Scott Westerhuis was the business manager,had lost a multi-million dollar state contract. The decision by the state came after a series of financial problems turned up in audits of the business that administered a program that encourages Native American Students to go to college,called GEAR UP. [11] Nearly,three years later in June 2018,Jackley lost the first of three possible GEAR UP cases as the jury acquitted Stephanie Hubers was found not guilty of grand theft,grand theft by deception and alternative receiving stolen property charges. [12] In September 2018,Jackley made a plea deal with Dan Guericke the former educational cooperative director,wherein Guericke pled guilty to one felony count of falsifying evidence. Guericke had originally been charged with six felony counts alleging that he falsified evidence and conspired to offer forged or fraudulent evidence. In October 2018,Jackley lost his second Gear Up jury trial when the jury acquitted Stacy Phelps,the former CEO of the American Institute for Innovation,on all charges. [13]
On January 18,2013,Jackley testified before the Senate State Affairs Committee in support of SB 70. [14] On February 6,2013,Governor Dennis Daugaard signed SB 70 into law. [15]
On January 23,2015,Jackley testified before the Senate State Affairs Committee in support of SB 73. [16] On March 13,2015,Governor Daugaard signed SB 73 into law. [17]
Annette Bosworth case
On Wednesday,June 4,2014,one day after the losing the U.S. Senate primary,physician Annette Bosworth was arrested on charges brought by Jackley regarding perjury and filing false documents. Bosworth called the charges a “political intimidation scheme”against her by Jackley,who was appointed by then Governor and now U.S. Senator Mike Rounds who just defeated Bosworth the day prior. [18] Many questioned why a plea deal could not be struck. Bosworth stated “There’s no deal that will take away any of the felonies,so of course it’s going to trial”. “Paul Jacobs,a blogger who says he had experience with an overly aggressive prosecutor in Oklahoma over election issues several years ago. Jacobs says Jackley’s prosecution looks more like “persecution,”a line Bosworth repeats in her link to it.” [19] Bosworth claimed that Jackley was prosecuting her for political and personal reasons. [20] On May 27,2015,Annette Bosworth was convicted via jury trial of 6 felonies for perjury and six felonies for filing false documents. [21] On July 19,2017,the South Dakota Supreme Court vacated the 6 convictions for perjury,but affirmed the remaining convictions. [22] On November 3,2017,Judge Jon Brown granted Bosworth a suspended imposition of sentence,which means she no longer has any felonies on her record. [23]
Flandreau marijuana case
On August 3,2016,Jackley filed 3 charges against Eric Hagen regarding conspiracy to possess,possession and attempt to possess more than 10 pounds of marijuana. [24] On May 24,2017,a jury acquitted Hagen of all charges. [25] The verdict was seen as a setback for Jackley while he was running for Governor. [26]
Gene Abdallah nomination
On October 23,2017,Jackley appointed state Representative Gene Abdallah to the state Board of Pardons and Paroles. [27] On November 28,2017,a former lobbyist,Tiffany Campbell,accused Abdallah of sexual harassment when he was in the legislature. [28] An appointment to the Board of Pardons and Parole must be confirmed by the state Senate [29] On January 16,2018,Abdallah withdrew from the Board of Pardons and Parole as a result of the reports of sexual harassment. [30]
Laura Zylstra lawsuit
In 2011,Division of Criminal Investigation (DCI) [an agency controlled by Jackley] agent,Laura Zylstra,filed a sexual harassment claim against a former Brown County deputy who made inappropriate comments towards her. Zylstra was then demoted and transferred from Aberdeen to Pierre. She then resigned in 2012. In September 2015,Zylstra sued DCI Director Bryan Gortmaker claiming she had been retaliated against with response to sexual harassment. [31] In December 2017,the jury awarded Zylstra $1.2 million in damages finding that she had suffered retaliation and discrimination. [32] Zylstra thanked the jury for “giving me justice.”She had alleged violations of the Civil Rights Act and the South Dakota Human Relations Act. [33] In May 2018,Federal District Court Judge Charles B. Kornmann ordered DCI Director,Bryan Gortmaker,to appear in court as the state failed to pay the $1.5M settlement. [34] Jackley claimed that the settlement was not being delayed and that Zylstra's lawyers and his gubernatorial opponent Kristi Noem were playing politics. [35] Zylstra disputed in detail that there was a delay in the payments and personally appeared in campaign ads stating “I don’t think Marty Jackley should be Governor,I don’t think he should be the Attorney General”. [36]
