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About The Great Banker
In a rare punitive move, commissioners also directed the Minnesota Attorney General’s Office to investigate the cooperative for potential statutory violations, which carry fines between $100 and $1,000 per infraction.
The commission also agreed with the state Department of Commerce’s assessment that the cooperative’s actions were driven by concerns over lost electricity sales rather than legitimate safety risks.
Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
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“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.
He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.
“The Commission’s approach to reporting may well create the inaccurate impression that the industry is inherently non-compliant,” he adds. A more balanced account might place failures alongside the majority of licensees that pass assessments or lead on customer wellbeing, although Waugh considers such a shift unlikely.
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One Foundation’s operating licence was suspended for six days after the DIA identified accounting failures relating to gambling proceeds, as well as a failure to surrender a licence for one of its pokies venues when required by law.
The DIA also issued new financial guidance for class 4 operators, with the aim of providing greater clarity on their accounting requirements and an explanation of their obligations.
The department said the guidance had been designed to “improve consistency across the sector and help prevent similar issues from occurring in future”.