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Office of Attorney General 2019 - 2021 Biennial Report (North Dakota)

Summary

The North Dakota Office of Attorney General’s 2019 - 2021 Biennial Report describes the elected office, established in the 1889 state Constitution, and its divisions, from general legal counsel and litigation to the Medicaid Fraud Control Unit, the State Fire Marshal and the North Dakota Lottery. Its Covid-19 section says attorneys advised Job Service North Dakota on fraud concerns and prevention as CARES Act funds were obligated, and advised on project contracts for the expenditure of approximately $33 million in CARES Act funding. The Medicaid Fraud Control Unit reports three complaints involving the improper use of Covid-19 stimulus checks by long term care facilities; once the Unit explained the law, the facility administrators returned the funds to the residents.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

OFFICE OF ATTORNEY GENERAL




         2019 - 2021
       Biennial Report
                                                   Contents
OFFICE OF ATTORNEY GENERAL.............................................................................1
    THE ELECTED OFFICE .......................................................................................1
        Duties and Functions. .................................................................................................... 1
        Defects in the Law......................................................................................................... 2
        Finances.......................................................................................................................... 2
        Special Assistant Attorneys General............................................................................ 2
        Human Trafficking Commission. ................................................................................... 3
             Human Trafficking Grants. ..........................................................................................3

        Civil Asset Forfeiture....................................................................................................... 3

REPRESENTING THE STATE ...........................................................................................4
    GENERAL LEGAL COUNSEL ............................................................................4
        Open Records & Meetings. .......................................................................................... 4
        Legal Opinions. .............................................................................................................. 5
        Legal Services................................................................................................................. 5
        Administrative Rules....................................................................................................... 5
        Covid-19 Pandemic....................................................................................................... 6
             State Agencies...........................................................................................................6

             State Boards. ..............................................................................................................6

             Local Governments....................................................................................................6

    LITIGATION .......................................................................................................7
        Somerset Court............................................................................................................... 7
        Burgum v. Jaeger........................................................................................................... 7
        Spoofcard, LLC............................................................................................................... 8
        Mickelson et al v. ND Department of Health.............................................................. 8
        Election Lawsuits. ........................................................................................................... 8
        Air Ambulance Lawsuit. ................................................................................................ 9
        Open Meeting Lawsuits. ............................................................................................... 9


                                                                 -i-
           Drake v. Stenehjem . .................................................................................................9

           Schmitz v. State Board of Chiropractic Examiners. .....................................................9

   ADMINISTRATIVE ACTIONS............................................................................10
       Oil & Gas Hearings....................................................................................................... 10
       Environmental Quality................................................................................................. 11
   ENVIRONMENTAL LITIGATION .....................................................................11
       Waters of the United States. ....................................................................................... 11
       North Dakota v. US Army Corps of Engineers - Pipeline Protest Costs................... 11
       Washington State Vapor Pressure Standards........................................................... 12
       Water Supply Rule........................................................................................................ 13

SUPPORTING CRIMINAL JUSTICE. ........................................................................ 14
   BUREAU OF CRIMINAL INVESTIGATION........................................................14
       Drug Investigations . .................................................................................................... 14
       K-9 Officers Jib and Jab.............................................................................................. 15
       Internet Crimes Against Children (ICAC) ................................................................. 16
           Sex Offender Registration.........................................................................................16

       Use of Force Investigations. ........................................................................................ 16
       Concealed Weapon Licenses. .................................................................................. 17
       Clergy Sexual Abuse Investigation. ........................................................................... 17
   CRIMINAL PROSECUTIONS............................................................................18
       Habeas Cases.............................................................................................................. 18
       Administrative Hearings............................................................................................... 19
   MEDICAID FRAUD CONTROL UNIT. ..............................................................19
       Criminal Cases. ............................................................................................................ 19
           Covid-19 Complaints................................................................................................20

   STATE FIRE MARSHAL......................................................................................20
       Origin & Cause Investigations. ................................................................................... 20
       Fire Investigation Equipment. ..................................................................................... 20
           Portable X-Ray Imager. ............................................................................................21


                                                              - ii -
           Photo Ionization Detectors. ......................................................................................21

       Fire Incident Reports.................................................................................................... 21
   CRIME LABORATORY ....................................................................................22
       Drug Samples. .............................................................................................................. 22
       Toxicology Samples. .................................................................................................... 22
       DNA Samples................................................................................................................ 23
   INFORMATION TECHNOLOGY .....................................................................23
       Statewide Automated Victim Information & Notification ...................................... 23
           Automated Fingerprint Identification Systems (AFIS )Update....................................23

PROTECTING CONSUMERS...................................................................................... 24
       “Anti-trust” Laws .......................................................................................................... 24
           Multi-state Lawsuits against Google. ........................................................................24

       Consumer Complaints. ............................................................................................... 24
       Enforcement Actions................................................................................................... 24
       Do Not Call................................................................................................................... 25
       Combating Illegal Robocalls...................................................................................... 25
   CONSUMER FRAUD INVESTIGATIONS...........................................................26
       Unlicensed Contractors. ............................................................................................. 26
           Nicholas DeRosier, d/b/a Team Lawn Inc. and Vaughn Construction Inc................26

       Cease & Desist Orders................................................................................................. 27
   IMPOSTER SCAMS..........................................................................................28

REGULATORY ENFORCEMENT................................................................................ 29
       Fire Safety and Prevention.......................................................................................... 29
           Fire Safety Plan Reviews............................................................................................29

           Fire Safety Inspections. .............................................................................................29

       Licensing Section. ........................................................................................................ 29
   GAMING.........................................................................................................30
       Gaming Compliance.................................................................................................. 30



                                                              - iii -
        Electronic Pull Tab Devices......................................................................................... 30
            Powerhouse Gaming, Inc.........................................................................................31

        Gaming Computer System......................................................................................... 31
    NORTH DAKOTA LOTTERY. ............................................................................32
        Lottery Ticket Sales....................................................................................................... 32
        Prize Payouts................................................................................................................. 32
        Lottery Promotion Success Stories.............................................................................. 32
            Lucky for Life.............................................................................................................32

            2by2. ........................................................................................................................33

        Pick & Click Online Play Service................................................................................. 33
        Lottery Proceeds.......................................................................................................... 33

BIENNIUM IN REVIEW. ................................................................................................. 34




Photos courtesy of North Dakota Tourism, the CDC, the employees of the Office of Attorney General, and open
source photos.

                                                                - iv -
OFFICE OF ATTORNEY GENERAL

THE ELECTED OFFICE
The Office of Attorney General was established in the 1889 state Constitution. The
agency is headed by the Attorney General, an independently elected constitutional
officer.

The Attorney General serves on                  The office also enforces the open
numerous boards and commissions,                records and meetings law, and issues
including the Board of University and           opinions in response to complaints of
School Lands, Industrial Commission             alleged violations by a public entity.
(which oversees all state-owned
industries), PERS Board of Trustees,            In addition to its legal duties, the Office
Judicial Council, and the Pardon                of Attorney General has several divisions
Advisory Board.                                 with regulatory or investigative functions:

The Attorney General also chairs the             • The Bureau of Criminal
state’s Human Trafficking Commission               Investigation Division assists local
and the Domestic Violence Fatality                 law enforcement agencies with
Review Commission.                                 criminal and drug enforcement
                                                   investigations, leads the narcotics
                                                   task forces, maintains the
DUTIES AND FUNCTIONS                               criminal history and sex offender
The Attorney General represents the                registration systems, and issues
state in all legal matters, civil and              concealed weapons licenses.
criminal, where the state is named as a
party or the state may have an interest          • The Consumer Protection and
in the outcome of the litigation. The              Antitrust Division enforces the
office also provides legal services to             state’s consumer fraud and "do
state entities and officials.                      not call" laws, investigates and
                                                   prosecutes consumer fraud cases,
The Attorney General issues opinions               and enforces the state's anti-trust
to certain officials on questions of               statutes.
law related to matters involving state
statutes, the state Constitution, and            • The Crime Laboratory Division
matters having statewide significance.             supports the criminal justice

                                          -1-
    system through the analysis,             Finances
    identification, and comparison of
    physical evidence for use in the             • The agency’s biennial budget
    investigation and prosecution of               was $96.7 million, including state,
    criminal offenses.                             federal and other funds.

 • The Fire Marshal Division                     • The 2019-21 revenues collected
   conducts arson investigations                   totaled $98.9 million.
   and fire safety inspections,
   regulates the sale, use, and
                                                 • The cost of defending and
   storage of explosives, including
                                                   prosecuting actions on behalf of
   fireworks, and conducts fire code
                                                   other state agencies by attorneys
   compliance inspections of public
                                                   within the Office of Attorney
   buildings, day care facilities, and
                                                   General totaled $3.1 million.
   schools.

 • The Gaming Division regulates             Special Assistant Attorneys
   charitable gaming and audits              General
   compliance with tribal-state
   casino gaming compacts.                   Several state agencies either have their
                                             own legal departments or statutory
                                             authority to use private attorneys. These
 • The Medicaid Fraud Control
                                             attorneys are appointed as Special
   Unit investigates allegations
                                             Assistant Attorneys General (SAAG) but
   of Medicaid fraud by medical
                                             are paid by the hiring state agency.
   professionals and patient abuse
   at facilities receiving Medicaid
                                             During the biennium, state agencies
   funds.
                                             paid $17.5 million to these SAAGs,
                                             including:
 • The North Dakota Lottery is
   responsible for the day-to-day
                                                 • Workforce Safety & Insurance —
   operation of the lottery and its
                                                   $4,543,026;
   games.

                                                 • Tax Department — $618,826;
Defects in the Law
                                                 • University Systems — $552,793;
North Dakota Century Code §54-12-
                                                   and
05 requires the Attorney General to
“direct attention to any defect in the
practical operations of the law relating         • Private Investigation and Security
to revenue and criminal offenses and               Board — $196,024. ◘
shall suggest amendments and changes
as in the attorney general’s judgment
are necessary to subserve the public
interest.” ▲




                                           -2-
HUMAN TRAFFICKING                                        $99,408.00; Community Violence
COMMISSION                                               Intervention Center - $22,493.00;
                                                         Domestic Violence & Rape
The Attorney General’s Human                             Crisis Center - $54,021.00; Young
Trafficking Commission is charged with                   Women's Christian Association
collecting and evaluating data on                        - $89,628.00; Legal Services of
human trafficking activities in the state                North Dakota - $166,034.00; Family
and promoting public awareness and                       Crisis Shelter - $23,850.00; Rape &
conducting training efforts.                             Abuse Crisis Center - $101,820.00;
                                                         North Dakota Council on Abused
                                                         Women's Services - $209,319.00.
         HUMAN TRAFFICKING
            COMMISSION
                                                    CIVIL ASSET FORFEITURE
                                                    The 66th Legislative Assembly
                                                    established a reporting requirement
                                                    for local law enforcement and county
                                                    state's attorneys regarding the status of
                                                    civil asset forfeiture proceedings, and
                                                    required the Attorney General to create
                                                    an annual report compiled from that
                                                    information.
The Attorney General's office partnered
with the Human Trafficking task force               The first annual Civil Asset Forfeiture
in these efforts. In 2020, the task force           Report was issued on November 1, 2020,
investigated 93 cases of human                      providing information about civil asset
sex trafficking, resulting in 13 victims            forfeiture cases concluded, or forfeited
being identified and the arrest of five             assets disposed of, during the previous
individuals.                                        fiscal year.

Additional information on the task force            Only ten of the state’s 53 counties
activities is available in the 2020 Report,         reported having civil asset forfeiture
which can be found on the Attorney                  cases. Almost all items seized under
General's website.                                  civil asset forfeiture fell into one of three
                                                    categories: currency, automobiles, or
                                                    firearms. For fiscal year 2019-2020,
Human Trafficking Grants
                                                     • $477,214 in currency was forfeited,
In 2019, the Legislature appropriated $1.4
                                                       and
million to provide grants to organizations
providing prevention and treatment
services related to human trafficking                • Seven forfeited vehicles and two
victims. For the 2019-2021 biennium, the               forfeited firearms were sold at
following grants were awarded:                         auction for a total of $30,141 and
                                                       $300, respectively.
 • Youthworks Bismarck - $264,720;
                                                    The complete annual report is available
   Youthworks Fargo - $258,706;
                                                    on the Attorney General’s website. ■
   Abused Adult Resource Center -

                                              -3-
       REPRESENTING THE STATE
GENERAL LEGAL COUNSEL
The State & Local Government Division provides general counsel legal services to more
than 70 state agencies, boards and commissions.

The division drafts Attorney General opinions, negotiates and reviews contracts
involving state entities, reviews all administrative rules adopted by state agencies, and
assists client agencies by drafting bills and amendments, explaining the ramifications
of proposed legislation, and testifying before legislative committees.


OPEN RECORDS &
MEETINGS
                                                • 2020-O-08: COVID-19 CASE
The division handles a large number of
                                                  INFORMATION PROTECTED BY
telephone calls from public entities and
                                                  LAW. The Department of Health
citizens regarding open records and
                                                  did not violate the law when it
meetings requirements and conducts
                                                  declined to provide Information
presentations to state and local
                                                  relating to COVID-19 cases
government agencies and officials on
                                                  contained in protected disease
a public entity's obligations under the
                                                  control records.
open records and open meetings law.

The division issued 27 opinions                 • 2020-O-05: EXEMPTION FOR
addressing alleged violations of the              ATTORNEY WORK PRODUCT.
open records or open meetings law,                The City of Minot violated the
including:                                        open records law when it did
                                                  not conduct a review of records
                                                  before claiming they were
 • 2019-O-18: CITY RETREAT HELD
                                                  exempt as attorney work product.
   OUTSIDE CITY’S JURISDICTION
                                                  The city was required to conduct
   VIOLATED THE LAW. The City of
                                                  a review and release any records
   Minot violated the law by holding
                                                  that did not have statutory
   a meeting that was inaccessible
                                                  protections.
   to the public when the city
   council held its annual retreat at
   a location approximately 70 miles
   outside the city’s jurisdiction.


                                         -4-
LEGAL OPINIONS                                    Legal Services
The State & Local Government Division             Division attorneys advise and represent
issued 14 opinions on questions of                the majority of state agencies and
law related to state statutes, the state          professional licensing boards, providing
Constitution, and issues having statewide         general counsel services, and legal
significance, including:                          assistance with regulatory compliance,
                                                  and licensing board disciplinary actions.
 • 2019-L-09: ELIGIBILITY FOR SKILLED
   WORKFORCE STUDENT LOAN                         In addition to providing training on open
   REPAYMENT PROGRAM. The                         records and meetings requirements,
   skilled workforce student loan                 division attorneys:
   repayment program is available
   to graduates of four-year                       • provided annual training to
   institutions if all other eligibility             more than 100 state licensing
   requirements are met.                             board members on laws and
                                                     rules governing boards and
 • 2020-L-03: COUNTY MAY                             board authority, and assisted
   CONTRACT WITH STATE                               state boards in complex litigation
   PENITENTIARY TO HOUSE                             regarding open records,
   PRETRIAL DETAINEE. State law
   provides authority for a county                 • advised the Board of Public
   correctional facility to contract                 School Education and
   with the ND DOCR to house a                       represented it in hearings relating
   pretrial detainee who has unique                  to reorganizing and creating a
   medical needs.                                    new school district in the Williston
                                                     area,
 • 2020-L-09: EFFECT OF VOTES CAST
   FOR A DECEASED CANDIDATE FOR                    • advised the Department of
   POLITICAL OFFICE. A deceased                      Career and Technical Education
   candidate may be declared to                      on guidelines and procedures for
   have been elected if a sufficient                 distribution of $70 million dollars in
   number of votes were cast for                     grant funds, and
   the candidate, but because a
   deceased candidate would be                     • worked with the Legislature to
   unable to discharge the duties of                 address questions and draft
   the office at the specified time,                 amendments on numerous bills.
   the office will be deemed vacant.

The Attorney General's Opinion governs            Administrative Rules
the actions of public officials until
such time as the question presented is            Division attorneys reviewed 97 sets of
decided by the courts.                            administrative rules for state agencies
                                                  and boards, addressing legislative
                                                  changes requiring regulatory updates. ◘




                                            -5-
COVID-19 PANDEMIC                                businesses and employers dealing
                                                  with the impact of Covid-19.
As general counsel for most
state agencies, boards, and                            Assisted JSND in ensuring federal
commissions, from the onset of                         CARES Act funds were obligated
the Covid-19 pandemic, attorneys                     timely and advised JSND regarding
in the State & Local Government                    fraud concerns and prevention, and
division have been called upon to             trying to prevent any overpayment to
provide guidance and advice to assist         claimants.
their client agencies in navigating the
ever-changing public health emergency.        Advised ND ITD regarding project
                                              contracts for the expenditure of
During the height of the state’s Covid-19     approximately $33 million in CARES Act
pandemic crisis these attorneys, all          funding.
working remotely during the state’s
shutdown, were available to their clients     Advised State Investment Board while
at all hours, to ensure these agencies        navigating Covid-19 related investment
received timely assistance in response to     losses and subsequent recoveries.
an emergent situation.
                                              Advised NDPERS on extending certain
                                              agency and member filing deadlines
State Agencies                                due to Covid-19, and procuring or
                                              renewing various Uniform Group
Attorneys advised the                         Insurance Plans, including health,
Health Department on                          prescription drug, vision, and Medicare
executive orders; federal orders and          part D.
guidance; evolving legal information
regarding the Covid-19 pandemic,
including drafting state health officer
                                              State Boards
orders and numerous executive orders
related to the state’s Covid-19 response;     Assisted the various regulatory licensing
negotiated the purchase of additional         boards regarding executive orders
lab equipment, software, PPE, and             and issues related to licensure during
testing supplies; and negotiated              the Covid-19 pandemic, including
contracts addressing workforce                advising the Education Standards and
shortages in the healthcare sector.           Practices Board on executive orders and
                                              emergency rules relating to the teacher
Advised the University System on federal      shortage experienced during the
laws implemented for leave and pay,           pandemic, and the Board of Respiratory
transitioning to online classes (and          Care on licensing of respiratory therapists
moving back to in-person classes),            during the pandemic.
advising on cleaning, masking, spacing
issues, transitioning to tele-health,
developing and implementing new               Local Governments
policies to address Covid-19.
                                              Provided assistance to local political
Advised the Department of Commerce            subdivisions on their authority and issues
regarding the distribution of nearly          related to the pandemic. ♦
$80 million dollars in grant funding for

                                        -6-
LITIGATION
The Civil Litigation and Natural Resources Division attorneys provide a wide variety
of legal services. The attorneys represent the state and state agencies and officials
in legal actions, including administrative and enforcement hearings, state court
lawsuits, federal court lawsuits, and appeals. The attorneys handle cases ranging
from challenges to the constitutionality of state laws to protecting the state's natural
resources from federal overreach.
                                                 Stenehjem Statement on Supreme
                                                 Court Decision in District 8 Election
Somerset Court                                   Dispute
In April 2020, Somerset Court, an assisted       November 24, 2020
living facility, and a cosmetologist
operating a salon within the facility,           BISMARCK, ND - Today the North
brought a lawsuit challenging executive          Dakota Supreme Court agreed with
orders issued by Governor Burgum                 the Attorney General’s October 13,
in response to the Covid-19                      2020 Opinion, in which he opined a
pandemic that placed limits                      vacancy in the office of a District 8
on certain services requiring                    House of Representatives seat would
close contact with others.                       exist on December 1, 2020 as a result
                                                 of the tragic death of David Andahl.
A state district court dismissed
the case in September 2020, concluding           The Court further agreed with the
the executive orders were within the             Attorney General that a mechanism
Governor’s constitutional and statutory          to fill the vacancy existed in current
authority, and the North Dakota                  law and the District 8 Republican
Supreme Court affirmed that decision in          Executive Committee had the
April 2021.                                      authority to fill the vacancy. The
                                                 Court rejected the Governor’s
                                                 argument that he had the authority
Burgum v. Jaeger                                 to fill the vacancy. The Court also
In November, 2020, Governor Doug                 rejected Kathrin Volochenko’s
Burgum filed a petition for a writ of            argument that, as the third place
mandamus with the North Dakota                   finisher, she was entitled to the office.
Supreme Court, claiming he had
the constitutional authority to fill a           “The Court’s decision today affirmed
vacancy in the North Dakota House of             my earlier Opinion. This entire
Representatives caused by the death              exercise was a waste of taxpayer
of David Andahl shortly before the 2020          dollars and time, all of which
election.                                        could have been avoided had the
                                                 Governor come across the hall to
The Governor challenged the right of             receive legal advice from the person
the District 8 Republican Committee to           who was elected by the citizens of
appoint someone to fill the vacancy, as          North Dakota to provide legal advice
outlined in Attorney General Opinion             to state officials,” said Attorney
2020-L-09.                                       General Wayne Stenehjem. ♦


                                          -7-
The North Dakota Supreme Court, in a           Mickelson et al v. ND Department
unanimous ruling, denied the petition,         of Health
concluding the Governor did not have
authority to fill the vacancy because the      In 2017, the legislature
law already provided a method for filling      enacted legislation
the vacancy.                                   to expand cottage
                                               food sales. "Cottage
                                               foods" generally are
Spoofcard, LLC                                 homemade baked and
                                               canned foods.
In 2019, the North Dakota Legislature
unanimously passed a law banning               The Department of
"spoofing" (the use of technology to hide      Health then adopted
the telephone number being used and            administrative rules to restrict the types
instead display an alternate number)           of homemade foods that could be sold.
within North Dakota.                           Those rules took effect in January 2020.
                                               In March 2020, a group of cottage food
Spoofcard, LLC, a New Jersey company           producers sued the state in district court,
that sells caller ID spoofing services,        seeking to overturn the administrative
sued, arguing that the law attempted to        rules.
regulate interstate commerce and was
therefore unconstitutional.                    In December, 2020, the District
                                               Court ruled against the Department,
                                               concluding it had exceeded its authority
                                               when it adopted the restrictive rules and
                                               the rules were contrary to the law. The
                                               court declared the rules invalid.


                                               Election Lawsuits
                                               Two federal voter identification lawsuits
                                               were resolved this biennium. In Spirit
                                               Lake v. Jaeger and Brakebill v. Jaeger,
                                               the plaintiffs brought suit against the
The US District Court granted a partial        Secretary of State alleging North
summary judgment on November 9,                Dakota's voter ID laws and the Secretary
2019, ruling the law “has the practical        of State's enforcement of the laws
effect of regulating interstate commerce       violated the constitutional rights of
because it is impossible for Plaintiffs to     Native American voters.
determine whether a call recipient is
physically within North Dakota.”               Both cases were settled in April 2020.
                                               As part of the settlement, the Plaintiffs
                                               waived their right to recovery of
 • The state entered into an
                                               attorneys' fees, with the exception of a
   agreement settling all claims on
                                               portion of the fees in Brakebill v. Jaeger,
   December 2, 2020.
                                               which was the subject of an appeal to
                                               the Eighth Circuit Court of Appeals.


                                         -8-
On July 16, 2021 (after the end of the            • On July 30, 2021 (after the end of
biennium), the Eighth Circuit Court                 the reporting period), the federal
of Appeals affirmed a judgment of                   district court dismissed the claims
$452,983.76 in attorney fees in favor of            against the Attorney General,
the plaintiffs. Shortly after that decision,        holding that the Attorney General
the State negotiated a settlement to                was merely fulfilling his duties
pay the judgment plus post-judgment                 under state law by publishing the
interest through June 30, 2021, in                  Manual and offering opinions on
exchange for the plaintiffs’ agreement              North Dakota’s open meetings
not to seek additional fees on appeal or            laws.
additional post-judgment interest.

                                                 Schmitz v. State Board of Chiropractic
Air Ambulance Lawsuit                            Examiners
A detailed explanation of this lawsuit           In June, 2020, a licensed chiropractor
was provided in the previous biennial            sued the North Dakota State Board of
report. The ongoing litigation over the          Chiropractic Examiners, alleging that
2017 law regulating the manner in                the Board violated the open meetings
which insurance companies pay for                law when it met in executive sessions to
air ambulance services concluded in              discuss a disciplinary matter, claiming it
March 2021, when the state lost at the           went beyond attorney consultation and
Eighth Circuit.                                  attorney work product, and alleging the
                                                 Board violated the open records laws
                                                 by not providing him with copies of the
OPEN MEETING LAWSUITS                            recordings of the executive sessions.

                                                 The Board moved to dismiss the lawsuit,
                                                 which was granted by the District Court.
                                                 Dr. Schmitz appealed to the North
                                                 Dakota Supreme Court.

                                                 On April 20, 2021, the Supreme Court
                                                 reversed the District Court and
                                                 remanded the case for an in camera
Drake v. Stenehjem                               review of the executive session
                                                 recordings to determine if the executive
In December, 2020, Robert Drake sued             session discussions went beyond the
the Attorney General, members of the             scope of attorney consultation or
Valley City Commission and the City              attorney work product and disclose the
of Valley City, in federal district court,       portions of the recordings of discussions
alleging the City was violating the First        to only those matters not exempt under
Amendment by limiting his ability to             the law.
speak at City Commission meetings,
and alleging that the Attorney General’s
Open Meetings Manual and legal                    • The case is pending. ◙
opinions on open meetings laws also
violated his First Amendment rights.


                                           -9-
ADMINISTRATIVE ACTIONS
The Civil Litigation attorneys represent                  The Natural Resources attorneys advise
the Bank of North Dakota, the                             and assist the various state entities
Department of Labor, Department                           tasked with regulating the exploration
of Human Services, Department of                          and development of the state’s mineral
Transportation, Job Service North                         and water resources, protecting the
Dakota, the state's Risk Management                       environment, and managing state-
Fund, and the Department of                               owned lands, wildlife and wildlife
Corrections & Rehabilitation.                             habitats, and public recreation areas.



                   The Civil Litigation & Natural Resources division recovered over
                      $15,097,000 for state entities during the biennium.


The attorneys:                                            Oil & Gas Hearings
 • Collected $5.7 million for                             The division presided over almost 2,000
   the Bank of North Dakota for                           oil & gas administrative hearings and
   delinquent property and student                        helped the Industrial Commission’s
   loans;                                                 Department of Mineral Resources
                                                          pursue seven civil administrative cases
                                                          for violations of the Commission’s rules,
    ▪▪ This is less than the $13.3                        orders, and regulations, including:
       million collected last
       biennium because there
       was a federal moratorium                            • $1,027,776 from Samson Oil & Gas
       on collection of delinquent residential               USA Inc, relating to a Williams
       loans beginning in March 2020 and                     county spill of 240 barrels of
       continuing through the remainder of                   oil. The company completed
       the biennium.                                         cleanup and the case settled by
                                                             consent agreement in December
                                                             2020.
 • Collected $1.29 million in unpaid
   employer tax and benefit
   contributions for Job Service
   North Dakota;

 • Handled 39 wage claim cases
   on behalf of the Department of
   Labor, recovering $87,118.75 in
   unpaid employee wages from
   employers; and

 • Represented the Department of                          Through its enforcement actions the
   Transportation in 255 appeals of                       division has collected $6.95 million in
   DUI administrative hearings.                           penalties.

                                                 - 10 -
Environmental Quality                                  of the spill site, and improve its
                                                       leak detection and monitoring
The division assisted the Department of                operations.
Environmental Quality with its regulatory
work involving air and water pollution
control, and solid waste and hazardous              • Against Family Dollar, Inc., a
waste management.                                     retail store, which provides water
                                                      through a private well and is a
                                                      public water system, for violating
During the biennium, the division
                                                      the safe drinking waters laws
represented the Department in 60
                                                      and rules by failing to complete
enforcement actions, collecting more
                                                      monthly monitoring, having
than $1.07 million in penalties for
                                                      positive e. coli results, and failing
violations, including:
                                                      to properly notify the public. The
                                                      parties entered into a settlement
 • Against Marathon Oil Company,                      requiring a $30,000 penalty,
   for a leak of approximately 32,860                 $20,000 of which was suspended
   gallons of produced water from                     provided the store contracts with
   a gathering line into a creek                      a qualified person to perform
   and stock pond. The company                        monthly testing and complies
   agreed to pay a penalty of                         with all safe drinking water laws
   $271,000, complete remediation                     and rules for two years.


ENVIRONMENTAL LITIGATION
Waters of the United States                        North Dakota v. US Army Corps
                                                   of Engineers - Pipeline Protest
The State intervened, along with several
other states, in litigation in the Northern
                                                   Costs
District of California to defend the
Navigable Waters Protection rule (the
Trump administration's replacement
of the Obama administration's WOTUS
rule). Several other states have brought
litigation in that district to have the
rule declared void. The lawsuits are
pending.



                                                   The Attorney General filed suit against
                                                   the United States in July 2018, asserting
                                                   that the US Army Corps of Engineers’
                                                   negligent actions and inactions during
                                                   the protests forced North Dakota to
                                                   respond to the emergency situation
                                                   created by the protests and resulted in


                                          - 11 -
more than $38 million in damages to the              Washington State Vapor Pressure
State.                                               Standards
The federal District Court in North                  In July, 2019, the state of North Dakota
Dakota denied the Corps' first effort                filed a petition with the US Department
to dismiss the case, holding that the                of Transportation seeking to overturn
Corps circumvented mandatory                         a Washington State law setting vapor
permit requirements when it invited                  pressure standards on crude oil
and enabled the protesters to occupy                 unloaded at refineries in its state that
federal lands. Extensive discovery in the            were significantly lower than national
case is ongoing.                                     standards.

 • A bench trial is set to begin on
   May 1st, 2023.


 Court Allows Dakota Access Pipeline
 to Continue to Operate

 May 21, 2021

 North Dakota Attorney General                       North Dakota ships about 10% of its
 Wayne Stenehjem welcomed Judge                      oil by rail to refineries in the state of
 Boasberg’s Order today denying                      Washington.
 the effort to shut down the Dakota
 Access Pipeline from continuing to                  The new WA state standard would have
 operate pending completion of a                     made it uneconomical for oil from the
 court-ordered Environmental Impact                  Bakken region in North Dakota and
 Statement on a short portion of the                 Montana to be unloaded at Washington
 pipeline where it crosses under the                 state refineries. The state of Montana
 Missouri River. “I applaud the Court’s              joined North Dakota’s petition.
 determination not to halt the pipeline,
 and remain confident that the final                 The Hazardous Materials Transportation
 environmental analysis will again show              Act is a federal law authorizing the US
 the pipeline is an exceedingly safe                 DOT to establish a uniform set of national
 way to transport oil from North Dakota              regulations for the transportation
 to refineries, just as it has been doing            of hazardous materials. The US DOT
 for almost four years,” Stenehjem said.             delegated this authority to the federal
                                                     Pipeline & Hazardous Materials Safety
 “I trust that the updated information               Administration (PHMSA).
 North Dakota recently provided the
 Court, as well as a separate letter                 In May, 2020, PHMSA issued a decision
 from the Three Affiliated Tribes, were              in agreement with ND, that Washington
 important considerations in the                     state's restrictions on vapor pressure
 Court’s decision, and look forward                  for transportation of crude oil were
 to conferring with the Corps as this                preempted by federal law, and further,
 matter proceeds,” he added.                         that the law amounted to "a de facto
                                                     ban on Bakken crude." ◙


                                            - 12 -
Water Supply Rule                                    Stenehjem Applauds Corps of
In August 2019, North Dakota led a group             Engineers' Policy Change
of Attorneys General in a letter urging the
Trump administration to instruct the Army            December 4, 2020
Corps of Engineers to comply with state
water laws and withdraw its proposed                 Attorney General Wayne Stenehjem
Water Supply Rule. The proposed rule,                was advised that the Army Corps of
published in the final weeks of the                  Engineers has reversed course on its
Obama administration, would have                     policy regarding water withdrawals
required prospective users to pay the                from the Missouri River, sometimes
Corps for Missouri River water, which                referred to as the “surplus water rule.”
would have prohibited North Dakotans                 Since May 2010, the state’s access
from accessing 75% of the Missouri River             to nearly 75% of the Missouri River
for water supply.                                    through ND has been blocked by the
                                                     Corps. The Corps’ policy also blocked
                                                     all access for the MHA reservation
                                                     and the Standing Rock reservation.



“                                       ”
         The notion that the Corps of
      Engineers can regulate or charge               “This is a huge step in the right
                                                     direction to restore full access to
     for the use of water that has always            the Missouri River to the people of
       belonged to the citizens of North             North Dakota for beneficial use,” said
      Dakota is unlawful and completely              Stenehjem. “It remains to be seen
                unacceptable.                        how the Corps will move forward
                                                     from here,” he continued.
     Attorney General Wayne Stenehjem
              August 23, 2019                        The Corps refused for over ten years
                                                     to process any access easement
                                                     applications across the reservoir take-
                                                     line without an applicant first signing
                                                     a water supply agreement and
                                                     agreeing to pay the Corps for water
                                                     use. In December 2016 the Corps
                                                     then proposed a new nationwide
                                                     “water supply rule” that was met with
                                                     widespread criticism. Stenehjem’s
                                                     office and bi-partisan colleagues in
                                                     the Conference of Western Attorneys
                                                     General, which Stenehjem chairs,
                                                     have worked vigorously with the
                                                     Corps to make headway on these
                                                     issues.

                                                     In January 2020, President Trump
                                                     formally withdrew the water supply
                                                     rule, and the Corps officially withdrew
                                                     its policy.


                                            - 13 -
SUPPORTING CRIMINAL JUSTICE

BUREAU OF CRIMINAL                                          dealer in West Fargo.
INVESTIGATION                                               During the course of the
                                                            investigation, agents
The Bureau of Criminal                                      conducted numerous
Investigation Division (BCI) has                            interviews and obtained
agents located in Bismarck                                  search warrants that
and 13 field offices across the                             eventually lead to the
state. These agents provided                                interception and seizure of
assistance to federal, state, and                           a 5lb package of meth that
local law enforcement agencies on 828                 had been shipped to the dealer.
criminal investigations and 706 drug                  As the shipment originated out of
investigations during the biennium                    state, the task force coordinated
                                                      with the US Drug Enforcement
                                                      Administration (DEA) and the
Drug Investigations                                   Department of Justice in an effort
                                                      to disrupt and dismantle the
Agents assigned to the ten narcotics                  entire drug trafficking operation,
task forces work to identify, target,                 which appears to get its supplies
disrupt, and dismantle Drug Trafficking               from Mexico.
Organizations (DTOs) producing
and selling illegal drugs within our
local communities. These DTOs                         The investigation, which was still
are responsible for the epidemic                      ongoing as of the end of the
of prescription drugs, fentanyl, and                  biennium, has been expanded
methamphetamine leading to                            into California, Virginia,
continued overdoses today.                            Oklahoma, Illinois and Minnesota.

The BCI targets the supply chains                  • As of the end of the reporting
of these organizations using digital                 period, the joint state-federal
technology to isolate and eliminate the              investigation has resulted in the
operational and financial avenues being              seizure of 44lbs of meth and
used to bring narcotics to North Dakota,             12 kilos of cocaine in various
including:                                           states, $221,000 in currency, and
                                                     13 people are under federal
                                                     indictment, 8 of whom are
 • Narcotics Task Force Agents
   received information about a                      from North Dakota.
   large scale methamphetamine
                                          - 14 -
K-9 OFFICERS JIB AND JAB                                 • S/A Jib located a computer in
                                                           the storage area of a residence
                                                           of an individual suspected to be
                                                           involved in child pornography.
                                                           The computer contained child
                                                           pornography and stored chats
                                                           indicating the suspect was
                                                           allegedly producing videos of
                                                           child pornography and sexually
                                                           abusing a minor family member.
                                                           In July, 2020, James Van Raden
                                                           was charged in federal district
                                                           court with multiple offenses
In December, 2019, through funding                         including patronizing a minor
received from Operation Underground                        for commercial sexual activity,
Railroad and the federal Department                        luring minors by computer, and
of Homeland Security, the BCI acquired                     promoting sexual performance
Hex, a yellow Labrador trained in                          by a minor.
Electronic Detection. Unfortunately, only
a few weeks later, Hex unexpectedly
died from a heart condition.                                The case is pending.

Subsequently the BCI acquired not one,                   • While assisting the Williams
but two, K-9s with specialized training in                 County Sheriff’s Department
detection of electronic devices such as                    on a search warrant, S/A Jab
hard drives, cell phones, and sim cards.                   alerted at a large desk organizer
Jib is a black lab and Jab is a yellow lab.                that was full of pens, pencils,
                                                           and other office supplies. After
                                                           S/A Jab alerted, an investigator



“                                               ”
                                                           went through the desk organizer
       “They have proven to be more
                                                           but could not locate any items
     useful than we even had thought."                     of interest. S/A Jab still alerted
         Attorney General Wayne                            on the desk organizer, so the
     Stenehjem, discussing two of the                      investigator dumped everything
                                                           out and found two micro SD
     newest agents of North Dakota's                       memory cards among the items.
    Bureau of Criminal Investigation --
             K9s Jib and Jab.
                                                            In March, 2021, 34 year old
   Interview with Jack Dura, Bismarck Tribune               Morgan Tanner was charged with
                                                            possession of certain materials
                                                            prohibited and promoting an
                                                            obscene performance by a
Jib's name was chosen by the breeder                        minor. In May, 2021, an additional
but K9 handler BCI Agent Halseth was                        charge of gross sexual imposition
able to pick the name, and chose Jab                        was added.
because "Jib and Jab go together well."
                                                            The criminal cases are pending.
Jib and Jab have already assisted in
more than 80 cases, including:

                                                - 15 -
Internet Crimes Against Children                      result, Champion was charged
(ICAC)                                                with a second luring a minor by
                                                      electronic means, possession
The BCI has six specially trained                     of child pornography, and
computer forensic agents located                      promoting sexual performance
in Minot, Fargo, and Bismarck. These                  by a minor. In March 2021,
agents provide forensic analysis to state             Champion pled guilty to all
and federal law enforcement agencies                  charges and was sentenced
on a variety of criminal investigations,              to five years in prison. Upon his
from homicides and financial crimes to                release, Champion will have to
child sexual exploitation and internet                register as a sex offender.
child pornography.

The ICAC agents investigated 810 cases           Sex Offender Registration
and forensically examined 1,510 digital
media devices. Of those devices, 1,184           Sex offenders must register in North
were cellular phones. The total amount           Dakota if they have pled guilty to, or
of electronically stored information             been convicted of, certain criminal
examined was over 291 terabytes.                 offenses in North Dakota or an offense
                                                 in another court which is equivalent to a
                                                 North Dakota registerable offense.

                                                  • As of June 30, 2021, there were
                                                    1,585 registered sex offenders.
                                                    Only 33 offenders were
                                                    delinquent, which equates to a
                                                    compliance rate of about 98%. ■


                                                 Use of Force Investigations
During the biennium, the state’s
ICAC Task Force assisted with 1,018              The BCI assists local law enforcement
child exploitation and sexual abuse              agencies with independent
investigations, including:                       investigations of an officer’s use of force.
                                                 Once the BCI’s investigation is complete,
 • In February 2020, agents                      it is referred to the county state’s
   investigated a report that                    attorney who determines whether the
   a 21-year-old was sending                     officer’s actions were justified.
   inappropriate texts and
   pictures to his 12-year-old step-             The BCI conducted 6 use of force
   sister. Khristopher Champion                  investigations, including the death
   was charged with promoting                    of Grand Forks Police Officer Cody
   obscenity to minors and luring                Holte who was shot and killed in May
   a minor by electronic means.                  2020, while trying to serve eviction
   During further investigations, it             papers, and the August 2020 incident
   was found that Champion was                   where Grafton Police Officer Lucas
   also in contact with a 14-year-               Campoverde was shot in an exchange
   old female from Missouri. As a                of gunfire by an individual who was
                                                 wanted on a federal warrant.

                                        - 16 -
Criminal History Record Checks                      CLERGY SEXUAL ABUSE
                                                    INVESTIGATION
State agencies and professional
licensing boards require, or may                    In January, 2021, the BCI concluded
request, an applicant to complete a                 its 18-month long investigation of
criminal history record check. The BCI              child sexual abuse by members of
also conducts a record check on all                 the North Dakota Catholic Dioceses
concealed weapon license applicants.                going back several decades.
                                                    The agents reviewed all records
                                                    associated with complaints of
 • BCI conducted 108,219 state
                                                    substantiated child sexual abuse
   and federal record checks
                                                    against individuals previously
   for applicants for professional
                                                    identified by the Catholic Dioceses,
   licensing (a 22.7% increase over
                                                    interviewed several victims, and
   last biennium), an additional
                                                    pursued new leads.
   17,966 record checks in response
   to requests from the public
                                                    Of the 53 individuals who had not
   landlords, private employers,
                                                    previously been prosecuted, all
   etc), and 11,414 for concealed
                                                    but two had died by the time the
   weapon license applicants.
                                                    investigation commenced, one of
                                                    whom died while the investigation
                                                    was ongoing.
Concealed Weapon Licenses
                                                    Investigators identified one new
                                                    individual as a likely perpetrator of
                                                    child sexual abuse.

                                                    Prosecutors with the Criminal &
                                                    Regulatory division reviewed the
                                                    investigative reports and concluded
The 67th Legislature reduced the                    that while probable cause existed
"lookback" period for alcohol-related               that could have led to criminal
offenses from 10 years to three years,              charges against the two surviving
making many more individuals                        clergy, the acts occurred so long ago
eligible for a Class 1 license which has            that the statute of limitations had run.
reciprocity with MN and more than 30
other states. It is anticipated that we



                                                    “                                       ”
will see an increase in the number of                     I regret it will not be possible to
applications for a Class 1 license.
                                                         have these men face their victims
                                                           at a trial and face the potential
 • There are 41,571 active licenses,
                                                        consequences, but I hope it brings
   of which 13,747 (33%) are Class 1
   licenses. Last biennium, only 24%                    a measure of comfort to the victims
   of active licenses were Class 1.                      that these crimes were eventually
                                                                      investigated.
                                                        Attorney General Wayne Stenehjem
                                                                 January 4, 2021

                                           - 17 -
CRIMINAL PROSECUTIONS                                    LaBoyd was arrested and
                                                         charged - as an adult. On
The Criminal & Regulatory Division                       October 15, 2020, he pled
attorneys provide assistance to the                      guilty to a reduced charge of
county state’s attorneys in prosecuting                  manslaughter and aggravated
major crimes or on cases where a                         assault. Laboyd was sentenced to
conflict of interest exists, including:                  ten years in prison. The Criminal
                                                         & Regulatory division prosecuted
 • The division assumed prosecution                      this case.
   from Divide County of Derek
   Fagerbakke, who was charged                       The division has attorneys assigned to
   with A-Felony Child Abuse after                   the state-federal High Intensity Drug
   his three-month-old son was                       Trafficking Area (HIDTA) program, to
   airlifted to Sanford Health in                    prosecute drug trafficking offenses in
   Fargo with an anoxic bran injury                  state or federal courts, including
   and severe retinal hemorrhaging.
   Fagerbakke admitted to shaking                     • In February 2020, Andre Snead,
   the infant but not being aware                       Spence Courville, and Lakendrick
   of the risk. The injury occurred on                  Dixon were indicted on federal
   July 26, 2020. The victim survived                   heroin trafficking charges. Snead
   but his neurologist testified at trial               was the source for numerous
   that the baby’s brain scans were                     high level heroin dealers in the
   the worst he had seen on an                          Bismarck and Minot areas, and
   individual who has survived.                         maintain residences in both cities
                                                        and also in Las Vegas. Courville
    The case went to trial in June                      and Dixon distributed for Snead.
    2021. The jury found Fagerbakke                     Courville committed suicide
    guilty and he was sentenced to                      when taken into federal custody.
    10 years, with five years to serve                  In July, 2020, Dixon pleaded guilty
    at the ND DOCR. He did not                          and was sentenced to 72 months.
    appeal his conviction.                              Trial was set for Snead but in May
                                                        2021, he changed his plea to
                                                        guilty.
 • On November 10, 2019, Ian
   Laboyd (17) shot and killed
   Matthew York (19) and shot and
   wounded Parker Haider (19),
   during what was supposed to
   be a drug deal involving LSD.
   Laboyd fled the scene to the
   alleyway behind a grocery store
   in Williston, and dumped the                      Habeas Cases
   Ruger 22 pistol in a dumpster. He
                                                     During the biennium, the division
   then fled to a female’s apartment
                                                     defended the state against 13 federal
   and admitted he shot some
                                                     habeas cases at the US District Court, 10
   people. The Ruger 22 pistol had
                                                     cases at the 8th Circuit Court of Appeals
   been reported stolen by Laboyd’s
                                                     and one case that was declined to be
   brother-in-law.
                                                     heard at the US Supreme Court.

                                            - 18 -
Administrative Hearings                              two instances, the offense was found not
                                                     to rise to the level of a violation of POST
The Criminal & Regulatory division                   Board rules, but in the other 24 cases,
provides general counsel to the Peace                the officer received some form of license
Officer Standards & Training (POST)                  sanction, from probation to revocation,
Board, which licenses and regulates law              including:
enforcement officers.
                                                      • The license revocation of former
During the biennium, the POST Board
                                                        Mandan officer Scott Warzecha,
conducted 26 administrative hearings
                                                        after he pleaded guilty to several
relating to licensure of officers for reasons
                                                        felony offenses for recording a
ranging from lying to law enforcement
                                                        juvenile female while she was
during the job application process to use
                                                        entering and exiting the shower.
of a minor in a sexual performance. In


MEDICAID FRAUD CONTROL UNIT
The Medicaid Fraud Control Unit (MFCU)was established as a division of this office by
the 66th Legislature. The division initiated its first investigation in November 2019.



   Although the MFCU has been operational for only 20 months, it has already recovered $83,867.


                                                     Criminal Cases
Through the end of the biennium,
the MFCU opened 50 cases, and has                    The MFCU filed five criminal cases during
24 active cases for billing fraud by                 the biennium, including:
Medicaid service providers, abuse
and neglect of patients and residents                 • In April, 2020, in Pembina County
of health care facilities, and opioid                   District Court against a licensed
diversion, including:                                   practical nurse (LPN) who was
                                                        charged with two counts of
 • Investigating a psychologist who                     reckless endangerment and
   appears to be up-coding, billing                     10 counts of theft, for allegedly
   for Saturdays and holidays, and                      stealing pain medications
   failing to document the time                         from basic care residents
   associated with providing some                       and replacing opioid pain
   other services.                                      medications in the residents’
                                                        bubble packs with unprescribed
     The total Medicaid liability is                    over the counter or prescription
     approximately $88,000.                             medications.

                                                         Jury trial was been delayed by
                                                         Covid-19 restrictions and is now
                                                         rescheduled to January 2022.


                                            - 19 -
 • Criminal charges were filed in                 Covid-19 Complaints
   Barnes County against a certified
   nurse aide and an LPN for the                  The MFCU received three complaints
   alleged abuse of a resident of a               involving the improper use of Covid-19
   long-term care facility. The two               stimulus checks by long term care
   cases are pending.                             (LTC) facilities. Once the Unit explained
                                                  the law applicable to residents
                                                  receiving stimulus money, the facility
                                                  administrators returned the funds to
                                                  the residents, resolving the complaints
                                                  without the need for formal action. ◘




STATE FIRE MARSHAL
The State Fire Marshal assists local agencies with the investigation
of suspected arson. In addition to the State Fire Marshal, the Chief
Deputy Fire Marshal and one Deputy are stationed in Bismarck.
The remaining four Deputy Fire Marshals are located in field
offices across the state.

Origin & Cause Investigations                         Deputy fire
                                                      marshals
During the biennium, Deputy State Fire                worked with local law
Marshals conducted 221 fire origin and                enforcement and the state's
cause investigations. Deputies devoted                Insurance Fraud division to
7,338 hours to these investigations.                  identify other evidence of
                                                      insurance fraud and the fire
 • As of the end of the reporting                     being arson.
   period, 39 fire investigations were
   pending.                                           In October 2020, Edward
                                                      Gonzales of Nevada pleaded
Of the 182 fire origin and cause                      guilty to two counts of Conspiracy
investigations that were closed during                to commit/endangering by fire
the biennium, 10% were determined to                  or explosion, and received a
be intentionally set, including                       deferred imposition of sentence
                                                      in return for cooperating with the
 • An August 2020 fire investigation                  investigation of a co-conspirator.
   of a commercial bar and
   restaurant in McKenzie County.
   During the investigation, gas                  Fire Investigation Equipment
   cans were recovered strewn
                                                  During the biennium, the State Fire
   throughout the building, security
                                                  Marshal's Office invested in specialized
   cameras had been dismantled,
                                                  fire investigation equipment.
   the property was for sale and the
   insurance coverage was higher
   than the listed sale price.

                                         - 20 -
Portable X-Ray Imager.                                 where they may accumulate in a fire
                                                       scene.
The X-Ray Imager is used to detect
electrical or non-electrical activity in
items that were consumed by a fire,
enabling fire investigators to further
analyze and evaluate the possibility of
electrical involvement as a cause of the
fire, without damaging the evidence.

This is what an electrical appliance often
looks like after a fire ... a blackened,                     Deputy Fire Marshal Jess
                                                             Sinerius, using the PID to
charred, object.                                             monitor for the presence
                                                             of ignitable liquid vapors



                                                       Fire Incident Reports
                                                       The State Fire Marshal serves as the
                                                       state's program manager for the
                                                       National Fire Incident Reporting System
                                                       (NFIRS), monitoring reports submitted by
But this is what the fire investigators see            local fire departments to compile and
with the X-ray Imager:                                 analyze statewide fire incident statistics.

                                                        • 260 fire departments in North
                                                          Dakota (71%) currently submit
                                                          fire incident reports to NFIRS.
                                                          This is an increase of 25 fire
                                                          departments from the previous
                                                          biennium, and is a direct result
                                                          of the efforts of the State Fire
                                                          Marshal's administrative section to
The Imager is portable, so Deputies can                   increase the rate of fire reporting
take it on site, even in rural areas.                     in the state.

                                                        • The departments reported
Photo Ionization Detectors                                6,255 fires during the biennium,
Fire investigators were also equipped                     resulting in twelve deaths and
with Photo Ionization Detectors                           almost $86.4 million in losses.
(PIDs), which detect volatile organic
compounds that are often found
in common ignitable liquids and
accelerants.

The PIDs enable deputy fire marshals to
collect fire debris evidence, learn about
how ignitable liquids were used and

                                              - 21 -
CRIME LABORATORY
The Crime Laboratory Division is an
internationally accredited forensic laboratory
providing forensic laboratory services
to North Dakota’s state and local law
enforcement agencies, medical examiners,
States Attorneys, and state agencies in the
investigation of criminal matters.

Crime Laboratory's Forensic Scientists provide technical assistance and training,
evaluate and analyze evidence, interpret results, and provide expert testimony related
to the analyses of physical evidence recovered from crime scenes and submitted for
examination.


 • The Laboratory processed 10,716               Toxicology Samples
   criminal cases this biennium.
                                                 The Toxicology Unit - Biological Section
                                                 processed 638 alcohol samples (4%
Drug Samples                                     increase) and 819 samples (14%
                                                 increase) for the presence of drugs
The Forensic Chemistry Unit received             obtained as a result of suspected
7,257 cases (a 19% decrease) involving           impaired driving-related offenses.
11,303 items (a 44% decrease), and
completed 3,549 cases(a 47% decrease).            • The section also analyzed 56
                                                    drug-facilitated sexual assault
The decreases from the last biennium                cases.
are due to the Covid-19 Pandemic and
the loss of laboratory personnel.                In addition, 952 coroner cases and 218
                                                 medical examiner cases were processed
 • The Forensic Chemistry Unit also              for drug and alcohol analysis.
   received 117 cases for fire debris
   analysis, completing 103 cases,                • When the State Medical Examiner
   involving 308 items.                             retired, during the interim period
                                                    before the Health Department
                                                    hired his replacement, those
                                                    cases were directed to the
                                                    county coroners, which resulted in
                                                    a decrease in "medical examiner"
                                                    requests to the crime lab.

                                                 The Toxicology Unit – Breath Alcohol
                                                 Section provided breath alcohol
                                                 instrument training to 3,133 law
                                                 enforcement officers (5% increase).




                                        - 22 -
DNA Samples                                        • A DNA profile developed from
                                                     a biological sample from the
The DNA unit received 2,172                          victim's tanktop in a 2005 North
cases, an increase of 29%                            Dakota sexual assault case hit to
over last biennium.                                  a DNA profile from a 2020 sexual
                                                     assault case from Iowa.
4,912 offender and
arrestee DNA profiles were
                                                   • A DNA profile from a cigarette
uploaded into the FBI’s National
                                                     butt left at the scene where a
DNA Database, the Combined DNA
                                                     fence was cut in an alley to gain
Index System (CODIS), resulting in 334
                                                     entry to steal a 4-wheeler in a
matches and possible investigative
                                                     2020 Watford City, ND, burglary
leads, including:
                                                     hit to a 1991 Utah Sexual Assault.


INFORMATION TECHNOLOGY
The Information Technology and                    2020, with the exception of the planned
Criminal Justice & Information Sharing            notifications for the Pardon Board.
(IT/CJIS) Division provides technology            The Department of Corrections does
support services for the Office of                not track Pardon Board notifications
Attorney General staff located in                 electronically, so the SAVIN system has
multiple locations across the state.              no mechanism to receive the data.

In addition, the division supports                 • All updates were completed on
communications with other state and                  time and under
local criminal justice agencies through              budget.
the Criminal Justice Information Sharing
(CJIS) portal and the state radio teletype
system, 24 hours a day, 7 days a week.            Automated Fingerprint
                                                  Identification Systems
 • The division responded to 12,908               (AFIS )Update
   internal and external service                  With the AFIS system
   requests, a 28% increase from the              nearing capacity, IT-CJIS has been
   previous biennium.                             working with the BCI division in
                                                  partnership with the State of Minnesota,
                                                  on an updated joint system that will
Statewide Automated Victim                        have a database crossing state lines,
Information & Notification                        benefitting criminal justice efforts in
                                                  both states. Minnesota is bearing most
The North Dakota Statewide Automated
                                                  of the cost of the new system, which is
Victim Information and Notification
                                                  anticipated to go live in October, 2022.
(ND SAVIN) Program is managed by
the IT-CJIS Division. Expansion of the
program to add components required                 • The current AFIS database now
under Marsy's Law has been ongoing                   includes more than 3.9 million
for the past two bienniums. The last                 palm prints and over 4.6 million
phase of updates was completed in                    fingerprint sets.

                                         - 23 -
         PROTECTING CONSUMERS
The Consumer Protection and Antitrust Division performs both legal and investigative
duties as it enforces the consumer fraud and Do Not Call laws, prosecutes consumer
fraud cases, and administers the state’s anti-trust laws.


“Anti-trust” Laws                                     CONSUMER COMPLAINTS
The anti-trust laws protect consumers by              The Consumer Protection Division
restricting certain business practices that           opened 2003 consumer complaints and
could result in a monopoly or other non-              closed 2012.
competitive practice.
                                                       • 683 complaints were resolved
                                                         through mediation or legal
Multi-state Lawsuits against Google                      action, recovering $453,067.19
In December 2020, North Dakota joined                    for consumers. Another eight
a national bipartisan coalition of states                were referred to other agencies;
in two antitrust lawsuits against Google,
both filed in federal district courts.                 • An additional 334 complaints
                                                         were from victims of imposter
The first lawsuit alleges that Google's                  scams, who received individual
monopolization of online display                         assistance from division staff to
advertising includes an anticompetitive                  help prevent further losses; and
agreement with Facebook, suppressing
competition and harming consumers.                     • The remaining complaints were
                                                         closed because they were
The second lawsuit addresses Google's                    unfounded, unresolved, the office
control of search engines, alleging that                 had no jurisdiction, or no action
by paying phone manufacturers to                         was required.
have Google products such as Chrome
and Google Search preinstalled in
such a way that consumers cannot                      Enforcement Actions
uninstall them, it is effectively stifling
competition and the development of                    The division filed 140 civil actions against
next generation search platforms.                     individuals and businesses for violating
                                                      consumer fraud laws, resulting in
The lawsuits are pending. ◙                           $1.5 million refunded to consumers
                                                      and $7.5 million in costs and penalties
                                                      awarded to the state. ■

                                             - 24 -
Do Not Call
                                                     Attorneys General Secure $600
The division initiated enforcement actions           Million from Equifax in Settlement
against 14 entities for violations of the            of Largest Data Breach in History
“do not call” law, obtaining $20,000 in
civil penalties. Seven of these actions              July 22, 2019
included violations through the use of
prerecorded messages.                                BISMARCK, ND - Attorney General
                                                     Wayne Stenehjem today announced
 • Telemarketing complaints were                     that a national coalition of Attorneys
   one of the top five complaints filed              General has reached a settlement
   with the division.                                with Equifax as the result of an
                                                     investigation into a massive 2017 data
                                                     breach. The settlement includes a
Combating Illegal Robocalls                          Consumer Restitution Fund of up
                                                     to $425 million and a $175 million
In August 2019, a nationwide coalition               payment to the states. It is the largest
of Attorneys General announced                       data breach enforcement action in
an agreement with twelve national                    history.
telephone companies, under which the
phone companies will take immediate                  “This enforcement action sends a
steps to help protect customers from                 strong message to Equifax and other
illegal robocalls.                                   credit reporting agencies that when
                                                     you are in the business of collecting



“                                       ”
                                                     and storing our personal and
        For too long, phone customers                confidential information, you must
    have been harassed by a barrage of               properly safeguard that information,
    illegal robocalls, seemingly without             and if you fail to do so, we will hold
     any recourse. With the help of the              you accountable,” said Stenehjem.
       phone companies, unscrupulous
                                                     On September 7, 2017, Equifax, one
    scam artists will not be able to hide            of the largest consumer reporting
     behind a curtain of technology any              agencies in the world, announced a
                   longer.                           data breach affecting more than 147
                                                     million individuals — about half the
    Attorney General Wayne Stenehjem,                adult population of the United States.
             August 22, 2019
                                                     Equifax is one of the three major
                                                     credit reporting agencies which
The participating phone companies                    collect personal and financial
agreed to implement call-blocking                    information of millions of Americans
technology at no cost to customers,                  and then profit from re-selling that
monitor their networks for robocall traffic,         information in the form of credit
and utilize technology to ensure that                reports. These credit reports are used
calls to customers are coming from a                 by prospective employers, landlords,
legitimate source. ◘                                 credit card companies, and lenders,
                                                     to decide whether an individual
                                                     poses a credit risk. ◘


                                            - 25 -
CONSUMER FRAUD INVESTIGATIONS
Unlicensed Contractors                              conducting business in ND until he
                                                    complied with the investigation, and
The division continued its contractor               further ordered him to pay $2,531.16 in
compliance efforts, taking action                   fees and costs.
against 28 contractors.

 • The division issued four cease &
   desist orders against unlicensed
   contractors and pursued legal
   action against another nine,
   obtaining judgments providing
   $325,136 in consumer restitution
   ordered by the court.

 • The division resolved another
   13 cases through Assurances of                   Despite the 2019 ban, DeRosier
   Voluntary Compliance.                            continued to operate as an unlicensed
                                                    contractor. After receiving information
The vast majority of these cases involved           about his activities, the division took
unlicensed contractors who took                     further legal action against him.
advance payments and then either did
not do any of the work for which they               In June, 2021, the District Court issued
had already been paid, or did not finish            judgment against DeRosier and his
the job, such as:                                   companies: GPHQ (dba Garden and
                                                    Patio Headquarters), Team Lawn (dba
                                                    Team Lawn and Landscaping) and
                                                    Vaughn Construction.
Nicholas DeRosier, d/b/a Team Lawn
Inc. and Vaughn Construction Inc.
                                                    The Court found that DeRosier
In June 2019, the division began an                 committed consumer fraud by operating
investigation into Nicholas J. DeRosier,            as a contractor without a license
of East Grand Forks, MN, and his                    and taking advance payments from
businesses, Team Lawn, Inc. and Vaughn              consumers, banned him from operating
Construction, Inc., after receiving                 as a contractor, ordered him to pay civil
multiple complaints from consumers in               penalties and costs totaling $8,071.00,
the Grand Forks area that they had paid             and further ordered all of DeRosier’s
him for contracting services which he               businesses to be involuntarily dissolved
then failed to start or complete.                   and the trade names canceled.

After DeRosier refused to cooperate
with investigators, the Attorney General
initiated legal action in Grand Forks
County District Court to compel his
cooperation. In October 2019, the
District Court ordered DeRosier to stop

                                           - 26 -
Cease & Desist Orders
                                                    Bogus Work at Home Online Job
The division issued an additional five              Offer Uses Bismarck Address
cease and desist orders for other
violations of the state’s consumer fraud            May 21, 2020
laws, banning the businesses and
business owners from doing business in              Attorney General Wayne
the state, including:                               Stenehjem warns that
                                                    scam artists are taking advantage
 • Sean Patrick Gorman, Bartley                     of the current unemployment
   Gorman, Jr., Robert Gorman,                      crisis created by the Covid-19
   Patrick Michael Gorman, Joseph                   pandemic to create bogus websites
   Jude Gorman, John Gorman,                        offering phony “work from home”
   Ann Gorman, John Costello,                       opportunities.
   John Lovell, William Riley and
   Peter TooGood, using the                         One recently reported scam website
   business name Gorman General                     uses a street address in Bismarck, ND.
   Contracting, were part of a larger               The fake business, Nimcare Insurance
   out-of-state crime ring, known as                (nimcareinsurance.com) claims to be
   “Travelers” or “Irish Travelers.” In             located in downtown Bismarck. There
   North Dakota, they concentrated                  is no such company in Bismarck – or
   on rural areas within oil-                       anywhere else in North Dakota. The
   producing counties.                              business is a sham.

                                                    In the work from home scam, the
                                                    unsuspecting victim clicks on a
                                                    link in a spam email or online ad,
                                                    completes the “application” and is
                                                    quickly offered a job. The job titles
                                                    vary, but often include “quality
                                                    control” or “inventory inspection”
                                                    duties.
    These individuals engaged in
    a pattern of criminal behavior,
                                                    The “fake business website” scam
    such as showing up at an
                                                    has been around for many years.
    elderly individual’s rural home
                                                    The scammers add a fake street
    unannounced, performing
                                                    address or use the actual address of
    work without permission, and
                                                    an unsuspecting business to make it
    then using intimidation to
                                                    appear there is a physical location
    force the victim to pay for the
                                                    associated with the website.
    shoddy work; starting a job and
    then demanding payment of
                                                    “Never assume a business website
    thousands more to finish the work.
                                                    and business address you are
    In one instance, after demanding
                                                    unfamiliar with are legitimate or
    the victim pay an extra $32,000,
                                                    you could become the next scam
    they then threatened to take
                                                    victim and lose your money,” said
    the elderly woman’s vehicle and
                                                    Stenehjem. ◘
    camper instead, forcing her to
    flee through a window for help.

                                           - 27 -
                                                   Victim
IMPOSTER SCAMS
The Consumer Protection division issued
numerous news releases, alerts, and
consumer advisories warning about
various imposter scams, including the              In January 2021, a bank called the
Fake IRS and Government Agency                     Consumer Protection division to discuss
calls, bogus "Inheritance" scams, the              concerns about one of its customers.
Grandparent/Family Emergency scam,                 The 65-year old male customer had
the phony Sweepstakes/Foreign Lottery              withdrawn $140,000 from his account
Win scam, and the Romance/Online                   and was coming back later in that
Dating scam.                                       day to request a loan. The bank was
                                                   concerned that the customer might be
                                                   involved in a Romance Scam.
These imposter scams have been
particularly pervasive for many years
and frequently claim new victims despite
all the public awareness efforts and
countless warnings.

North Dakota victims reported losses
of more than $4.7 million to Imposter
Scams alone.
                                                   When the customer returned, the bank
Unfortunately, scam victims are often too
                                                   called the Consumer Protection division.
embarrassed to report that they have
                                                   The customer explained that he had
fallen for a scam, even when they have
                                                   met a female on a dating website
lost a significant amount of money.
                                                   and had been communicating with
                                                   her electronically for several months
Of the 334 imposter scam victims who
                                                   although he had never met her in real
received individual guidance from
                                                   life because she was working in a foreign
division staff,
                                                   country. The man explained that the
                                                   female had experienced several legal
 • 55 were victims of the "Computer                and medical problems, which is what he
   technician" scam, losing $547,233.              was sending money to cover.

 • 44 people fell for the phony                    He was having his retirement funds
   sweepstakes and lottery scams,                  deposited into the bank account and
   losing more than $597,598.                      then sending it all on. He estimated
                                                   he had withdrawn $500,000 from his
                                                   retirement account, but now had nothing
 • 27 people responded to a fake
                                                   left. When he told the female he had no
   government agency call, losing
                                                   money left, she then encouraged him to
   $72,000.
                                                   get a loan.

 • 36 people fell victim to online                 Unfortunately, he is just one of many
   romance scams, losing more                      victims who lost all their money to an
   than $1.8 million.                              imposter scam.


                                          - 28 -
    REGULATORY ENFORCEMENT
Fire Safety and Prevention                               • Fire safety inspections are
                                                           required as a condition of
                                                           licensing for child care facilities,
Fire Safety Plan Reviews                                   bars, and restaurants.
The State Fire Marshal's office works with
contractors to ensure fire protection                   The deputies inspected 87 day care
systems, buildings, and fuel tanks meet                 facilities, 146 public schools, 346 state
fire code safety requirements prior to                  buildings, and 47 bars and licensed
construction. Identifying fire safety issues            restaurants.
prior to starting construction helps to
resolve problems during construction or
installation, saving time and money for
owners and installers.

 • Deputies conducted 136 fire
   safety plan reviews during the
   biennium.


                                                        Licensing Section
                                                        The Licensing Section issues licenses to
                                                        bars, restaurants, liquor stores, transient
                                                        merchants, gaming sites and operators,
                                                        fair boards, and wholesale fireworks
                                                        distributors, among others.

       DFM Kayln Lucas, Jess Sinerius and
       Doug Pierre, reviewing plans for fire
                                                         • Over $1.2 million was transferred
       safety.                                             to the state’s General Fund in
                                                           licensing fees, including $288,277
                                                           in retail liquor license fees,
Fire Safety Inspections                                    $309,387 in retail beer licenses,
                                                           and $491,950 in gaming license
Deputies inspect public schools, child
                                                           fees.
care facilities, state buildings, licensed
liquor establishments, and fuel tank
storage sites for compliance with state
building and fire safety codes.

                                               - 29 -
GAMING
The Gaming division regulates, enforces and administers charitable gaming in North
Dakota, performs audits and investigations of gaming organizations; reviews gaming
tax returns, administrative complaints, and provides training for charitable gaming
organizations.

Veterans, charitable, educational,                 • The division collected $100,150
religious, fraternal, civic and service,             in fines and referred several
public safety, or public-spirited                    incidents of suspected criminal
organizations in North Dakota may                    activity to local law enforcement,
apply for a state gaming license to raise            including cases involving theft
money for charitable purposes. Only                  of funds by gaming employees,
licensed organizations may conduct                   incidents of counterfeit money
“games of chance,” such as bingo, pull               and one case involving a
tabs, twenty-one, and poker.                         cheating device.

There are more than 325 licensed
organizations operating 995 gaming sites          Electronic Pull Tab Devices
across the state.
                                                  Electronic pull tab devices have
                                                  become the top grossing game type
 • During the 2019-2021 biennium,                 bringing in over $2.7 billion in gross
   licensed gaming organizations                  proceeds and paying out over 2.4 billion
   grossed an estimated $3.2                      in prizes during the biennium.
   billion - a 280% increase
   from last biennium - raising
   an estimated $156 million for                   • There were 3,684 e-tab devices
   charitable uses and generating                    being conducted by 320
   $38.7 million in gaming taxes for                 organizations in 693 sites in 263
   the state’s General Fund.                         cities across the state.


Gaming Compliance
The Gaming division conducted five
E-tab group training sessions with 18
individuals representing 11 gaming
organizations and two distributors,
along with one-on-one training for 120
individuals representing 122 gaming
organizations and three distributors.

The division also conducted 11
post-audit training sessions with 39
individuals representing 11 organizations.
The division conducted seven
comprehensive audits and 34 in-office
audits, resulting in 66 administrative
complaints.
                                         - 30 -
The top five counties were: Cass County           agreement admitting that it had
with 480 devices, Ward County with 277,           engaged in acts that violated state
Burleigh County with 261, Grand Forks             gaming regulations, and paid a $25,000
County with 213, and Morton County                fine with an additional $25,000 fine
with 199 devices.                                 suspended for two years. Attorney
                                                  General Stenehjem reinstated the
The top five cities were: Fargo with 252,         license.
Bismarck with 237, Minot with 186, Grand
Forks with 169, and West Fargo with 139.
                                                  Gaming Computer System
                                                  The Gaming Division completed the
                                                  first stage of an update to its electronic
                                                  gaming tax return system. The system,
                                                  once completed, will streamline filing
                                                  and processing gaming tax returns and
 • Although gaming operations                     distributor invoices, reducing the amount
   were shut down for about six                   of paper record-keeping by Gaming
   weeks from March 20, 2020,                     division staff by 85%.
   through April 30, 2020, due to
   Covid-19, e-tab activity grew                  The system enables licensed gaming
   by 40% between June 2019 and                   organizations to file their gaming tax
   June 2020.                                     returns and pay the gaming tax online.

                                                  Licensed gaming organization were able
Powerhouse Gaming, Inc.                           to begin filing online with the March 2021
The Gaming division initiated an                  returns.
investigation in May, 2020, after receiving
credible information that Powerhouse               • By June 2021, 201 of the 322
Gaming, Inc., a licensed gaming                      gaming organizations had
equipment distributor, had installed                 enrolled in the online system and
pirated software in its e-tab devices.               filed returns. ♦
Officials from the gaming division
inspected several Powerhouse devices
and confirmed that the company had
improperly installed a software hack that
violates copyright laws.

As a result, Attorney General Stenehjem
suspended Powerhouse Gaming's
license and ordered the immediate
shutdown of all its e-tab devices until
Powerhouse provided satisfactory proof
it had purchased and deployed the
required software licenses on all of its
e-tab devices.

On October 14, 2020, Powerhouse
Gaming Inc., signed a consent
                                         - 31 -
NORTH DAKOTA LOTTERY
The North Dakota Lottery conducts five multi-state games: Powerball®, Mega
Millions®, Lucky for Life®, Lotto America®, and 2by2®. The mix of games provides
jackpots starting from $22,000 to $20 million.

                                                   • $3,000,000 Mega Millions with
                                                     Megaplier prize in March 2021 to
                                                     a player from Fargo, ND;

                                                   • $1,000,000 Powerball prize in April
                                                     2020 to a player from New Town,
                                                     ND, and another $1,000,000 in
                                                     January 2021 to a player from
                                                     Walhalla, ND;


The North Dakota Lottery generated                 • $25,000 a year for life Lucky
total operating revenues of $54.7 million            for Life prize in June 2020 to a
and net proceeds of $12.5 million.                   player from Max, ND, another
                                                     in November 2020 to a player
Across the state, 447 gas stations,                  from Jamestown, ND, and a third
convenience stores, grocery stores, and              in March 2021 to a player from
other locations are licensed to sell North           Williston, ND;
Dakota lottery tickets.
                                                   • Ninety-one $22,000 2by2 jackpots
 • These businesses earned sales                     and five $44,000 2by2 Tuesday
   commissions and bonuses of                        Doubler jackpots.
   $2.6 million.

                                                  Lottery Promotion Success Stories
Lottery Ticket Sales                              One of the Lottery's statutory priorities
The breakdown of each $1 Lottery ticket           is to promote its games. The lottery
is: Prizes Expense - 51%, Contracted              offers limited-time promotions multiple
Services - 10%, Retailer Commissions -            times a year to
5%, Advertising/Marketing Expense - 2%,           encourage player
Administrative/Operating Expense - 6%,            awareness of all of
Compulsive Gambling Prevention and                the lottery’s games.
Treatment Fund - 1%, Multi-Jurisdictional         These promotions offer
Drug Task Force Grant Fund - 2%, Prize            incentives such as
Reserve Pools - 1%, State General Fund -          instant win prizes, free
22%                                               tickets and discounts.


Prize Payouts                                     Lucky for Life
The lottery paid out $29 million in               INSTANT LUCK – Players who purchased
prizes this biennium, including:                  a single draw, three play Lucky for Life

                                         - 32 -
ticket ($6) August 2 through August 29,                Pick & Click Online Play Service
2020, had a chance to instantly win a
free $2 Lucky for Life ticket, $10 cash, or            Players who purchased a 13, 26, 39
$100 cash.                                             or 52 week online play via the North
                                                       Dakota Lottery’s Pick & Click online play
Over 12,000 players instantly won a prize,             received up to a 10% discount.
including thirty $100 instant winners
($31,202 in total instant prizes).                     The promotion ran December 1 through
                                                       31, 2020, and was available to all eligible
Lucky for Life sales increased an                      players using the North Dakota Lottery
impressive 119% when compared to the                   Players Club website and/or official
26-week, weekly sales average prior to                 mobile app.
the promotion.
                                                        • There were 578 eligible purchases
                                                          made, saving players $4,720.
2by2                                                      Eligible sales totaled $47,873
2BY2 INSTANT WIN – Players who
purchased a single play, seven draw
2by2 ticket ($7) February 7 through
                                                       Lottery Proceeds
March 6, 2021, had a chance to instantly               The Lottery transferred $10.4 million to
win another seven draw 2by2 ticket ($7                 the state General Fund, $1.6 million to
value) FREE or $500 cash.                              the Multi-jurisdictional Drug Task Force
                                                       Grant Fund (to offset rent, equipment,
Weekly sales steadily increased over                   and other costs associated with the
the entirety of the four week promotion:               undercover operations), and $640,000
Week 1: $155,563; Week 2: $173,631;                    to the Compulsive Gambling Prevention
Week 3: $178,838 and Week 4: $191,067.                 and Treatment Fund. ◘◘

 • Three of the four weeks (weeks
   2, 3 and 4) were record setting
   weekly sales numbers in North
   Dakota 2by2 history.

 • Week 4 now holds the record for
   largest weekly sales at $191,067.                       Since the Lottery began, North Dakota
                                                         players have won more than $159 million.
 • March 2, 2021 holds the top
   spot for highest single day sales:
   $34,379.

Total promotion sales were $699,099,
which is a 2by2 Instant Win promotion
record.




                                              - 33 -
          BIENNIUM IN REVIEW

          PUBLISHED                                INVESTIGATED



           41
  Attorney General Opinions
                                                   221
                                             Fires to Determine the Cause



        CONDUCTED                                   PROCESSED



    1,554
Criminal and Drug Investigations
                                              10,716
                                               Crime Laboratory Cases



         RECOUPED                                   COMPLETED



$83,867
 in fraudulent Medicaid billing
                                            108,219
                                            Criminal History Record checks



          OBTAINED                                  RECOVERED



$1.95 m
      in consumer refunds
                                            $15.1 m
                                                  for state agencies




                                   - 34 -
Office of Attorney General
600 E. Boulevard Avenue
Dept. 125
Bismarck ND 58505

E-Mail: ndag@nd.gov

Website: www.attorneygeneral.nd.gov


Telephone Numbers

Main Office
(701) 328-2210

Consumer Protection Division
(701) 328-3404

Bureau of Criminal Investigation
(701) 328-5500

Gaming Division
(701) 328-4848

Licensing Section
(701) 328-2329

State Fire Marshal
(701) 328-5555

North Dakota Lottery
(701) 328-1574
Winning Numbers Hotline
(701) 328-1111

State Crime Laboratory
(701) 328-6159

Medicaid Fraud Control Unit
(701) 328-5446


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