This Legacy Parking ramp / hotel scheme is not like a new thing for most Sioux Falls citizens to comprehend. Many knew this was a scam based on fraud and many people in positions of power decided to look the other way just to get promises fulfilled before they left office. If they took others with in the process, they are collateral damage I guess.
There may be legal liabilities. The six Council members who voted for this project and the previous mayor could be on the hook criminally. They had been told in open City Council testimony (it is recorded and can’t be taken down) there was a connection between the four owners of Legacy and the four owners of Hultgren Construction and the four owners of Boomerang and the parking ramp group. It may not have been on paper, but there was plenty of public testimony to back it up.
Construction manager at risk (CMAR) and guaranteed maximum price (GMP) and RFP and RFQ possible rigging may be examined for years to come. To claim they didn’t know or were unaware, is a poor excuse not holding water. If they did not want to look at the situations because a scheming happy warrior was telling all was OK, then they might be wearing stripes together.
There may have been wire fraud, mail fraud and more involved areas which they are all liable. Look at Daren Ketchum moving over to Legacy after he worked so hard to get this project done before Huether left office. Unspoken quid pro quo is screaming at us, the fix was in. There could still be the asbestos problem and the decision to close down one LLC and give all the assets to another just when the asbestos questions were being raised. Now were talking real criminal conspiracy with real behind bars time to consider.
To now claim this is a Lamont project instead of the cosigners of the guarantees may be just another scam. This will forever be a Legacy project. Does Lamont Co. have signed documents turned over to the City right now saying they are now the sole guarantors?
The threat of lying on bankruptcy filings causing criminal charges made the guarantors come partially clean is little consolation to a dead man’s family or to a city bleeding money on schemes of a past mayoral term.
How can a new mayor who has not fired the â€œmistake makersâ€ of the past administration now go back to these same individuals (the “mistake makersâ€) to get a new solution or legal justification everything was done correctly without jeopardizing their pensions and employment?
Mayor TenHaken said it in the KELO.com piece, â€œAs a citizen, I did not like how the previous administration pushed this project so hard with disregard to transparency.â€ As citizens, we don’t like it either. Anyone who allows this project to move forward could join the others in unpleasant federal criminal conspiracy ramifications.
Will our new mayor do the right thing and kill this project? Kill this project and wash our city hands of it. Take the $1,000,000 guarantee and use it to pay off the bondholder early repayment penalties and the other city costs. We don’t need this parking lot the way it is being proposed or possibly where it is being proposed. Most ofÂ Sioux Falls know this was a bad deal from the start. We need to let Mayor TenHanken know the project is now in his hands and he should kill it before it gets way out of control. A man died for the sins of greed, what’s next? Is this our Legacy to never forget?