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- The compact only promises to cover the state for future payments but does not take into account any refund amounts if the Potawatomi were to go to court and win. The memo also points out that the Bureau of Indian Affairs had not approved the compact, and there was no guarantee that they would. The result of a successful court case could mean $250 million owed to the Potawatomi by the state.
- The proposed bond for between $200 and $250 million would have done little to protect the state primarily because of the way agreements were drawn up between the Menominee and the Hard Rock Group. Heubsch also points out that this bond was never mentioned during negotiations with the state.
- Any potential litigation, successful or otherwise, costs money and could delay the opening of a casino in Kenosha, leaving taxpayers on the hook for those bills and the possibility the Menominee would never be able to catch up.
- The Potawatomi would withhold revenue sharing payments while the situation is sorted out in court, potentially costing the state hundreds of millions of dollars without a chance to make up those funds until 2027.
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