CT consumer protection agency issues investigative report about botched raffle drawing

Feb 16, 2018, 9:10 am (8 comments)

Connecticut Lottery

An investigative report on the $1.375 million, New Year's Day lottery blunder spreads blame among the Connecticut Lottery Corp., state Department of Consumer Protection (DCP), and a national accounting firm hired to send an observer to the drawing to verify that proper procedures were followed.

But that accounting firm, Marcum LLP, is denying all culpability in the snafu despite a contract with the lottery corporation requiring it to "[o]bserve] that... the Lottery's Official Drawing Procedures ... are followed by the drawing personnel."

"Put simply, Marcum had no responsibility for the error in the drawing of the Connecticut Lottery Super Draw Game... on Jan. 1," Leslie Adler, the firm's general counsel, wrote Jan. 29 to the lottery corporation.

Marcum's assertion of non-responsibility clashes with the investigative findings of DCP, which Thursday issued the report on its investigation of the Jan. 1 drawing disaster in its role as the state's regulator of the quasi-public lottery corporation.

Marcum's name comes up repeatedly in the seven-page investigative report by DCP Gaming Director William Ryan and DCP investigator James Jepsen. The report says a five-member team that botched the Jan. 1 drawing included a Marcum representative and two employees each from the lottery corporation and DCP.

"The investigation concluded that the error occurred as a result of the Drawing Team deviating from approved official drawing procedures," the DCP report said, adding that "safeguards failed for this particular game."

That finding and others in Thursday's report parallel recent media reports about how the Jan. 1 drawing went awry. The DCP's communications director, Lora Rae Anderson, has said it happened this way:

  • The five-member team for the drawing had the benefit of illustrated instructions — in the form of printed "Official Drawing Procedures" — for how to enter the correct high and low ticket numbers into the electronic machine that selects the winners.
  • Those printed procedures emphasized that ticket numbers went upward from a low of 100001 — so the second ticket would be 100002, the third 100003, and so on. With, 214,601 tickets sold, the range of eligible tickets should have been 100001 at the low end, and 314601 at the top.
  • But the lottery employee who led the team instead entered 214601 as the top number, omitting the 100,000 tickets numbered from 214602 through 314601. And the DCP and Marcum representatives didn't catch the error.

However, Marcum now is denying any responsibility in the Jan. 29 letter that Adler, its general counsel, sent to the lottery. Her letter surfaced for the first time Thursday as one of several exhibits attached to the report.

Adler said that Marcum's member of the drawing team, Keith Lewis, has stated that at the Jan. 1 drawing at a lottery corporation in Rocky Hill, he was handed a two-page "checklist" by one of the DCP's representatives on the team. The checklist was not as detailed or as well-illustrated as the full "Official Drawing Procedures."

The DCP representative advised Lewis "to follow the checklist" — even though Lewis had in his possession a copy of the full set of illustrated procedures, and had said he intended to use them, Adler wrote in the Jan. 29 letter.

"THE DCP'S INSISTENCE ON THE USE OF THE CHECKLIST CAUSED THE ISSUE WITH THE... DRAWING," Adler said in a bold heading above the concluding paragraphs of her Jan. 29 letter. She added: "What should be clear... is that the DCP[-]provided 'Checklist' caused the error in the drawing."

However, the DCP's report Thursday gave a much different account.

It said that the "checklist" was produced by the lottery corporation, not DCP — and that even though the drawing team "was permitted to use a checklist to assist with the Drawing, it was not an official, approved document and did not replace the Official Drawing Procedures."

Asked about Adler's assertions on behalf of Marcum Thursday, Anderson said that the DCP's finding is based on a video taken of the drawing — and, she added, "At no point in the video of the drawing does DCP hand Marcum staff a checklist, nor does anyone direct Marcum staff to use a checklist as a replacement for the official game procedures."

Thursday's DCP report said that Marcum "has not responded to DCP's requests for documents and other information," as well as "multiple requests to interview the Marcum employee that was on the Drawing Team" — that is, Lewis.

The lottery corporation is working on a separate investigation into the Jan. 1 problem, but has yet to issue any report. It held a make-up drawing in mid-January that cost an additional $1.375 million in prize money but still has left many lottery players angry.

The lottery corporation paid Marcum $60,800 in 2017 as its regular outside accountant. The heavyweight accounting firm has offices from coast to coast including four in Connecticut.

Meanwhile, Rep. Joe Verrengia, co-chairman of the General Assembly's public safety committee, says he will call an investigative hearing on the drawing snafu in coming weeks, adding that a particular focus will be Marcum — which he says should bear some financial responsibility.

The lottery corporation's interim CEO, Chelsea Turner, has not commented on whether her agency thinks Marcum should be held financially responsible.

Hartford Courant, Lottery Post Staff

Comments

Bleudog101

Human error and several missed it.

 

Maybe Connecticut will sue Marcum for the amount of the blunder or at least get out of the contract.  Hopefully without paying for the rest of the contract, but that never happens somehow.

OneTrickpony's avatarOneTrickpony

Maybe they should hold the next drawing (if there is one) on Jan. 2nd instead of the first of the new year.  Everyone should be sober by then...Drum

Kim jensen

I would like to know what Joe Verrengia is going to do for those that were left out of the first drawing. I honestly don't think the second drawing was fair to those that were left out as I didn't have a second change at winning, I didn't have two changes at all and that in itself is not fair. I hope they find there was criminal intent on those programmers just as they did with the Draw 5 game that suddenly disappeared.

I think all of us who were left out of the first drawing should be given an individual drawing even if the grand prize is only 100k not a million. It certainly would satisfy a great number of unhappy customers and I have not played since the drawing and I hope they see sales plummet because of this MISTAKE.

justguessin's avatarjustguessin

100 THOUSAND tickets left out .They disappointed all those customers in one shot on New years day. You would think a make up game would be aimed to even  out the score for the first group but NO that would be illegal. They made a make up game and gave the first group yet another chance to win again! Maybe Ripley s believe it or not would be interested in  buying my 2 tickets for their hall of shame page!

KY Floyd's avatarKY Floyd

Let's see if I understand this correctly.

  1. The observer was there to fulfill Marcum's contractual obligation to  "[o]bserve] that... the Lottery's Official Drawing Procedures ... are followed by the drawing personnel."
  2. Marcum's general counsel says that the observer had a copy of the official drawing procedures, in the form of a full set of illustrated procedures, and had said he intended to use them.
  3. An employee of the Department of Consumer Protection, not the lottery, allegedly handed the Marcum observer a checklist that isn't as complete as the full set of illustrated procedures detailing the official drawing procedures that the observer had in his possession so that he could "[o]bserve] that... the Lottery's Official Drawing Procedures ... are followed by the drawing personnel" and told the observer to use that checklist instead of the Lottery's Official Drawing Procedures.
  4.  Marcum's observer chose to use the checklist instead of the official drawing procedures when verifying that the official drawing procedures were followed.
  5. The lottery employee failed to follow the official drawing procedures, and entered the wrong top number.
  6. The Marcum observer failed to recognize the error caused by the lottery employee failing to properly follow the Lottery's Official Drawing Procedures that the observer was there ensure were followed as required by Marcum's contract.

Yup. If I correctly understand what happened,  I've got to side with Marcum. How could anyone possibly think that their observer had any fault?

Bleudog101

Quote: Originally posted by KY Floyd on Feb 17, 2018

Let's see if I understand this correctly.

  1. The observer was there to fulfill Marcum's contractual obligation to  "[o]bserve] that... the Lottery's Official Drawing Procedures ... are followed by the drawing personnel."
  2. Marcum's general counsel says that the observer had a copy of the official drawing procedures, in the form of a full set of illustrated procedures, and had said he intended to use them.
  3. An employee of the Department of Consumer Protection, not the lottery, allegedly handed the Marcum observer a checklist that isn't as complete as the full set of illustrated procedures detailing the official drawing procedures that the observer had in his possession so that he could "[o]bserve] that... the Lottery's Official Drawing Procedures ... are followed by the drawing personnel" and told the observer to use that checklist instead of the Lottery's Official Drawing Procedures.
  4.  Marcum's observer chose to use the checklist instead of the official drawing procedures when verifying that the official drawing procedures were followed.
  5. The lottery employee failed to follow the official drawing procedures, and entered the wrong top number.
  6. The Marcum observer failed to recognize the error caused by the lottery employee failing to properly follow the Lottery's Official Drawing Procedures that the observer was there ensure were followed as required by Marcum's contract.

Yup. If I correctly understand what happened,  I've got to side with Marcum. How could anyone possibly think that their observer had any fault?

Guess it is the retired US Army in me, but I disagree with you on this one.  All parties should be held equally responsible IMO.  Especially in sentences 4 & 5.

noise-gate

it's truly amazing. When there is a pileup on the freeway, the finger is usually pointed at speeding, driving to closely behind the vehicles in front. When a volcano erupts, its the magma rising through the cracks in the earth. When someone drowns, it's because of the riptide or being a poor swimmer or something else.Yet when there is a major screw up involving money, and lots of it, no one is responsible. How is this even possible?

justguessin's avatarjustguessin

And they get paid leaves of absences. ...will wonders ever cease?

End of comments
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