BRIDGEWATER, Mass. — A $1 million scratch ticket was recently sold in Bridgewater, Massachusetts, but despite regulations requiring the Massachusetts State Lottery to disclose big winners we may never know who purchased the winning ticket.
In a picture published on the Lottery's website announcing the winning, it is not the winner accepting the prize money. Instead, it is Brady McDevitt, an attorney and the trustee of The Apple Nominee Trust of Milton.
McDevitt was able to accept the check as a trustee on the winner's behalf because the winner decided to go the increasingly popular route of forming a trust to claim their prize.
Although Lottery regulations state that a claimant's name, city or town, image, amount of prize, claim date and game are all public record, trusts have become a common tool for winners to skirt the rules and remain their anonymity when claiming a big prize.
"Trusts and other legal entities fulfill the definition of a legal person," said Christian Teja, the director of communications for the Massachusetts Lottery. "Consequently trusts are allowed to claim Lottery prizes."
The rules requiring the public disclosure of Lottery players who win big money were originally put in place to promote transparency and create confidence that the games are being run fairly and winnings aren't going to Lottery employees who are barred from playing.
"The reason they have that rule is so the public knows that there is not some fraudulent scheme going on where people in the Lottery or a certain group of people are always winning like it's a scam," McDevitt said.
McDevitt, who has accepted two $1 million prizes this month as a trustee of the behalf of clients who set up trusts to collect their winnings, said that legal entities like corporations or LLCs — limited liability companies — can also be used to collect prizes, but trusts are the most popular choice because they are the easiest to set up.
"You have a little more freedom and you don't have to file anything or have any filing fees with the state," McDevitt said, adding that a trust can be set up in matter of days.
Teja said that typically less than 10 people will use a trust to claim their prize every year, but that the number has been inching up in recent years.
So far in 2015, 12 trusts have accepted a total of $32 million on behalf of Lottery winners. There have been more than 150 $1 million Lottery winners to date this year.
Teja said that trusts can be set up by winners for a variety of reasons, including for financial planning purposes or legal protection if a person is sharing the winnings with other people. However, the most popular reason appears to be so that people can maintain their anonymity.
"The main reason my clients have done it have not been financial planning reasons. It has just been so they don't have to have their picture taken or have any publicity with it," said McDevitt
Many Lottery winners who seek anonymity after winning a big prize due so out of safety concerns.
"One of the clients I have done it for had won (the Lottery) previously, and it had gotten to the point where she had to call the police because someone was stalking her," McDevitt said.
During her campaign in 2014, Treasurer Deb Goldberg weighed in on whether she thought winners should be able to accept the prize via trust, and argued that even if a trust is used the identity of the winner should be made public.
However, neither the Lottery nor the Legislature have moved to make the issue more transparent, and one legislator has even filed legislation that would make it even more difficult for the public to find out who won a big prize.
In April, state Sen. Mark Montigny, D-New Bedford, filed a bill that would no longer make the identity of Lottery winners public record if passed.
The bill states in part "the Massachusetts State Lottery Commission shall not publicly disclose the name, address or other identifying information of any holder of a winning ticket or require any winning ticket holder to perform any public actions in connection with the awarding, payment or collection of prize moneys where a holder of a winning ticket provides a written request to the Commission."
I do wonder why this is legal/possible in Massachusetts but not in other state, at least not to this extent.
If I recall correctly, Ohio and Delaware are two of a handful of states at one end, and New York and Virginia are at the other end... And in my opinion, all the states in between are different shades of anonymity that an experienced lawyer can try to navigate.
And it always brings up the question, do I sign the ticket and then get a notery to help re-sign the ticket and transfer ownership to an entity or what?
And to quote a presidential candidate from for years ago, "corporations are people."
If you are actually from Germany, It is understandable not to know the body of laws that we place upon ourselves. Massachusetts have in this matter their own laws. The federal government allows the states to govern their citizens. It is a lot more complicated but in this matter even though it is a lottery that is played almost in all states, but the reporting and governing of the lottery is up to the state
Every lottery winner should have the option of collecting their winnings through a Trust and not being told that if they do, they will be exposed as a winner nonetheless. It should be up to the winner to make the decision as to whether they want to go before the cameras or not. These State lottery commissions do not interview folks who have lost hundreds of thousands of dollars playing the lottery - why should they want to interview you when you win? It should be your call, your money, your win, your choice.
I think that it is dreadful that a individual who wins the lottery that it is made public record.it is like pulling a sign around ones neck that says ROB ME PLEASE!!! it is wrong and I would definitely set up a trust way before the ticket was claimed...I don't want anybody to know if I win accept the person who sets up my trust and a lawyer.
Trust is the only way to go. In fact make it a duo.
A few months ago, when a poster started a thread about the importance of pushing all the states to allow for claims to be made anonymously, one respondent wrote that there has been no evidence that any lottery winner has been actually put in harms way due to strangers knowing about a lottery winner. That the only people who have suffered have done so at the hands of friends and relatives. They didn't view kidnapping and death threats a big enough factor since it was only threats, not an overt action.
Well, hopefully gaining a stalker is enough of a detriment that they can see the importance of anonymity. Hopefully they don't need something more overt, like an actual kidnapping or murder to see publicizing a lottery winner's information brings with it a detriment that outweighs the need for "transparency". Especially since a lack of transparency has had no negative effect on the lottery in the states which allow for anonymity.
People who donate large sums of money to various entities/charities etc can do so anonymously. So, I think a lottery winner should have the same option.
Does anyone know if a person can claim via trust in GA? Says nothing on their website about it either way.
Hi there,
everyone I am new to this website so I figure I hello to everyone : ). If I win a big lottery I would definitely claim as a trusts as well to protect myself and love one. And also I have question that I want to ask that I couldn't find yet on this website. I know that you can buy lottery from other countries but can you claim the prize if and that is a huge if you win the jackpot.
Hopefully the jackpot goes back up to $300+ million dollars soon. And Good luck everyone and thank you for answering my question in advance.
First and most importantly: welcome Lexuslfa!
as far as claiming lottery wins via trusts in mass - its nice that Mass allows this - and fascinating that RI is almost polar opposite in views re: let everyone know everything as long as its not about ... whomever is in power.
They tried to pass legislation earlier this year in Michigan to allow lottery winners to remain anonymous but it has stalled out in the senate. Boo Hiss!
HB 4433, Michigan: Gaming; Lottery; Multistate Lottery Games; Allow Winner to remain anonymous. Amends Sec. 25 of 1972 PA 239 (MCL 432.25).
No harm done? What about that poor transplanted Chicagoan who was a lottery winner and buried in concrete in his Florida driveway? Maybe he was functionally illiterate and that 'woman' took advantage of this fact and took him to the double C's: Cleaners and Cemetery. Awful.
Vaguely I remember the Courier-Journal, Louisville KY newspaper outed a lottery winner who claimed his winnings anonymously. They went through the Freedom of Information Act. Best to my recollection he did not have a Trust. My point is can folks use the FOIA to find out anonymous lottery winners? Personally I don't care, more power to the winners.
I am sorry but with the use of the Internet and the way society thinks they are entitled to what you win I have to agree that this is necessary to protect the winners. Not only protecting them from strangers but also family who think they have a right to what you win because you did not earn it you won it. As sick as this is, it is a reality that has become all too popular and so for these reasons i agree that any way to keep my name out of the public viewing I would use. At one recent Thanksgiving my uncle stated that if I won lottery he expected me to take care of him, of which I stated that if I won no one would know. he got mad and does not talk to me anymore. And i did not even win yet. So with that experience and all the war stories I hear I am for blocking and keeping my name from ever coming up.
Sorry your Uncle showed his true colors. I this too. My Sister once said to me and then to my older Brother 'if you win the lottery, you HAVE to give me some'. I don't have to do anything but stay white and die is what I was thinking of telling her. Then there's the jokers @ work and I tell them to their face I win and you'll never hear of or see me again. Lots of unfriending on Facebook!!
This is great news to read and hope all big winners use this important strategy to protect themselves and their families.
He/She can enjoy the winnings in peace.
I agree that with the advent of the internet it's way too easy to find and stalk people and this has made it even more important for winners to remain anonymous. It would be very difficult to disappear unless you bought your new property in the name of a corporation or something. Heck, these "people find" websites even follow renters. I assume they get their info from credit cards or banks or something. So you'd have to get all your mail sent to a drop box, and probably have that as your driver's license address too. It seems like everyone including government entities now sell our information to the highest bidder. It's absolutely disturbing.
I think it would actually be to the lottery's benefit to allow people to remain anonymous TO THE PRESS AND OTHER OUTSIDERS. That way, they could require the winner to provide their name and info so that the lottery could check to see if they owe child support, and make sure they don't work for the lottery or are connected to someone who does. If they were required by penalty of law to keep that info private, I'd happily supply it so that other lottery players could have some peace of mind that due diligence is being done to try to keep the games and winners honest.
As it is, if a winner collects with a trust, even the lottery doesn't know their name and can't do the checks to make sure it's a legitimate win.
Smart!
After I told my sister I'm not sharing my lottery winnings with anybody who doesn't play the lottery, she buys lottery tickets and gives them to me to check them. SC lets you claim anonymously.
"It would be very difficult to disappear unless you bought your new property in the name of a corporation or something."
Bummer. If only there was some way of disappearing, huh?
"if a winner collects with a trust, even the lottery doesn't know their name and can't do the checks to make sure it's a legitimate win."
I'll bet Eddie Tipton thought that, too.
In my state u have the option of going public or a trust.
The trust is the best way to go it will give you Safety, Security, and with my family it will be a necessity LOL.
Welcome to LP from a former resident of Westminster, X Bolsa/ Ward.
I'd be wary about buying from other countries, not sure it's legal either.
You know what's weird, used to be celebrities bought properties and conducted business under the shield of corporations, but that's not really working any more. I've seen TMZ and E! out celebrities and the names of their corporations when they buy a home. Then they publish the photos and features of the house.
If a D-list celebrity like 50 Cent has to shell out $9K a month on security, the lottery has some nerve publishing a winner's information when they're not picking up that tab. They want the free publicity that comes with outing big winners, then they should advertise everything. Kidnapping and death threats. Stalking. Harassment. Hitmen. Murder.
They want to expose winners, winners should expose them right back. People like Tipton have no bearing on anything. It's their responsibility to have security measures in place to keep that from happening. Tipton isn't a reason to put lives in danger. He's a reason for MUSL to get their act together and have more control of who they give access to what. Which other billion dollar enterprise has such laxity? Publishing a name is a pi$$ poor check and balance system.
They didn't view that as a direct cause and effect of the lottery publishing his name. They may have a point because Shakespeare told a lot of people who hadn't known he'd won, that he'd won. Had this been a Camelot lottery, he would have been advised not to do that. Unfortunately, if you hand a person who can't read or write millions of dollars with no guidance, I really don't see anyway that was going to end well. I mean look at that father/son moron duo. Did anyone really think that was going to end any other way?
You know how experienced wedding planners can tell you exactly which couples will get a divorce? We know which winners are destined for the poor house. The publicity just speeds it along.
I hope Brady McDevitt has a big gun because he might become the next Pain & Gain victim by accident.
It depends on how your state law defines a person. In Virginia, it excludes a trust. DC allows a trust to claim money.