It was a high profile case, but it was treated just like every other under the law according to Attorney General Marty Jackley.

Joop Bollen admitted that he misused funds related to EB5 and SDRC. As a result, Bollen will receive 2 years of probation and a $2,000 fine. Jackley says South Dakota law dictates the penalty for these types of cases.

“To some degree, the judge and the prosecutor’s hands are tied with a presumption of probation. If you take away some of the other facts and circumstances, this is a security interest type case. It’s a Class 6 felony and it’s presumed probation.”

Prompted by this incident, Jackley has submitted a bill in the 2017 Legislature that would increase the severity of penalty options to deter a similar act.

“Obviously that always hasn’t sat well with the Attorney General which is why I proposed Senate Bill 27. Where there’s a direct criminal conflict that it would not be presumed probation. It should be treated like a theft. There should at least be further opportunity for jail time”

Jackley also admitted that once the Constitutionality of the financial law was settled, it paved the way for the guilty plea. An additional part of the agreement says Bollen agrees to cooperate with authorities if further investigations uncover more wrongdoing.

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