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N.H. Lottery not changing disclosures

By Damien Fisher - Staff Writer | Mar 14, 2018

New Hampshire Lottery Executive Director Charles McIntyre, left, answers questions about the anonymous Powerball winner on Wednesday.

After this week’s court ruling allowing the Merrimack woman who won a $550 million Powerball jackpot to remain anonymous over objections from the state, the New Hampshire Lottery Commission said it has no plans to change the collection disclosures for winners.

“That’s not been discussed yet,” said Maura McCann, a New Hampshire Lottery Commission spokeswoman. “It’s never been a question that’s been brought up.”

Jane Doe’s story gained national attention when she took the state to court and won in order to keep her identity secret following the record-breaking win. The court ruled,though, that the state is allowed to disclose the fact she lives in Merrimack, where she bought the winning ticket at Reeds Ferry Market.

Jackpot winners have their identities made public under New Hampshire law, unless they first create a trust fund and assign someone, typically an attorney, to connect the money for them in the name of the trust. Jane Doe first signed her lottery ticket before she contacted an attorney and created a trust. Once the ticket is signed, that signature is part of the public record when she uses it to collect the winnings, under normal circumstances.

The Telegraph reviewed the disclosures on the back of Powerball and MegaMillions lottery tickets, as well as the disclosures on the New Hampshire Lottery website, and found there is no language alerting people about the option to use a trust to collect their winnings anonymously.

Powerball and MegaMillions tickets have language on the back alerting winners that the tickets are bearer instruments, and that no winnings will be given out without the signature of the winner on the ticket. It also has space for the printed name, address and telephone number, but nothing about the option of using a trust.

McCann said since 1995, 11 people in New Hampshire have won Powerball jackpots, and about half of them have used trusts to remain anonymous, even without the disclosure.

Jane Doe signed her ticket based on the belief that was how she had to collect her winnings, but fought to collect through a trust after she found out that was an option. Judge Charles Temple ruled this week that Jane Doe’s right to privacy, and desire to not be harassed or threatened because of the money, outweighs the public’s right to know her name, absent any compelling public interest in making that disclosure.

The Lottery Commission is considering appealing Temple’s ruling over the disclosure. Last week, Jane Doe was able to collect her winnings through a trust. She gave away $250,000 on the same day to local charities, and her attorney William Shaheen said she plans to give away between $25 and $50 million of her fortune.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com or @Telegraph_DF.

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