Massachusetts State Lottery Commission
October 30, 2014 · Read the full official report (PDF) ↗
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“For the initial license applications and license renewal updates of some sales agents, MSLC did not conduct criminal background reviews required by its own policies.”
Read the plain-English breakdown
This is a state performance audit of parts of the Massachusetts State Lottery Commission’s work during July 1, 2010 through September 30, 2012.
“This audit examined certain activities of the Massachusetts State Lottery Commission (MSLC) for the period July 1, 2010 through September 30, 2012.”
Auditors checked whether the Lottery had proper controls over game integrity, sales agents, ticket handling, billing, internal audits, debts from agents, and follow-up on earlier audit findings.
“The objectives of our audit were to examine certain activities of MSLC to ensure that (1) MSLC had established and implemented adequate internal controls to ensure game integrity; (2) lottery games were discontinued in accordance with MSLC regulations and policy; (3) unsold, activated instant-game lottery tickets (instant tickets) were accurately accounted for and properly safeguarded, and sold instant tickets were accurately billed to sales agents in compliance with MSLC regulations and policy; (4) MSLC had appropriate controls in place for the monitoring and oversight of its licensed sales agents; (5) MSLC’s internal audit unit complied with MSLC’s established policies and procedures (this included determining whether corrective actions were taken on identified internal audit findings and recommendations); (6) accounts receivable from sales agents were administered in compliance with the Office of the State Comptroller’s regulations and MSLC’s policy; and (7) MSLC had taken corrective actions to address any findings from our prior audit (No. 2008-0089-3S) that were related to our current audit objectives.”
Lottery money supports cities, towns, arts programs, cultural programs, and gambling-related public health work, so weak controls can affect public money and public trust.
“Lottery funds are unrestricted for the cities and towns, which means they can be spent on public safety, education, and other important local services.”
If you live in Massachusetts, the Lottery’s profits help fund local services in your city or town, so the way it protects games and money matters to taxpayers and residents.
“MSLC’s excess revenue over its expenses is distributed by the Commonwealth in the form of indirect and direct local aid.”
The Lottery mostly had adequate controls in the areas tested, but auditors found important exceptions that needed fixing.
“Based on our audit, we have determined that for the period July 1, 2010 through September 30, 2012, excluding the issues addressed in the Detailed Audit Results and Findings section of this report, MSLC maintained adequate internal controls over its financial operations and program activities for the areas tested.”
The Auditor recommended that the Lottery follow its own background-check rules, tighten ticket-return documentation, review suspicious ticket-scanning patterns as written in policy, and create better checks for employee and household-family prize claims.
“After we completed our audit, MSLC informed us that it had implemented a new policy to ensure that all activated instant tickets collected from terminated sales agents were accurately accounted for, properly safeguarded, and ultimately destroyed and that related supporting documentation was checked for accuracy, completeness, and necessary signatures.”
The biggest significance is that the report points to risks around lottery integrity: who is allowed to sell tickets, whether returned live tickets are protected, whether agents can spot winners improperly, and whether employees or their household family members might claim prizes despite Lottery policy.
“Since activated instant tickets can be cashed up until the point of destruction, there is also a potential financial risk to the Commonwealth that prizes from unsold but activated instant tickets could be claimed.”
“Peeking” means a sales agent improperly scans tickets before sale to try to find winners; “clear errors” are warning signs that this may be happening.
“Clear errors are “intentionally or unintentionally [abusing] auto cash privileges, a potential indicator of attempted ‘peeking.’””
What the Auditor checked
- Partially Did MSLC establish and implement adequate internal controls to ensure game integrity?
- Complied Were lottery games discontinued in accordance with MSLC regulations and policy?
- Partially Were unsold, activated instant-game lottery tickets accurately accounted for and properly safeguarded, and were sold instant tickets accurately billed to sales agents in compliance with MSLC regulations and policy?
- Partially Did MSLC have appropriate controls in place for the monitoring and oversight of its licensed sales agents?
- Complied Did MSLC's internal audit unit comply with MSLC's established policies and procedures?
- Complied Were accounts receivable from sales agents administered in compliance with OSC regulations and MSLC policy?
- Did not comply Had MSLC taken corrective actions to address findings from the prior audit that were related to current audit objectives?
What the Auditor found
Why it matters: There was inadequate assurance that all applicants and agents met licensure requirements, increasing the risk that lottery ticket sales could be abused or misused.
Standard: MSLC Key Accounts policy/procedure document; Chapter 10, Section 27, of the Massachusetts General Laws; 961 CMR 2.08(2)(b). ( Chapter 10, Section 27, of the Massachusetts General Laws; 961 CMR 2.08(2)(b) )
1 recommendation
- MSLC should conduct background reviews for all corporate officers listed on corporate key account license applications or license renewal update forms.
Agency response & Auditor reply
Agency: "The Lottery will begin to administer criminal background checks on all licensees/agents including existing and new national chain accounts as of January 1, 2015."
Why it matters: There was no assurance that all activated instant tickets returned from terminated sales agents were accounted for, safeguarded, and destroyed, creating potential financial risk to the Commonwealth.
Standard: MSLC Asset Protection Policy. ( MSLC Asset Protection Policy )
1 recommendation
- MSLC should implement controls to ensure existing policies and procedures for the return of instant-game tickets in the custody of terminated agents are followed.agency: already implemented
Agency response & Auditor reply
Agency: "The Lottery became aware of this issue during the Audit process and in March 2014 implemented a new policy that is also included in the Lottery’s Internal Control plan."
Why it matters: Sales agents with repeated clear errors were not consistently reviewed or referred for administrative hearings, weakening controls over possible illicit scanning of instant tickets.
Standard: MSLC Compliance Policy and Procedure Manual, Clear Errors Reporting. ( MSLC Compliance Policy and Procedure Manual )
1 recommendation
- MSLC should review sales agents who make two or more clear errors on three or more days of the previous week.agency: already implemented
Agency response & Auditor reply
Agency: "As of March 2013, upon the Audit staff raising this issue during their work, the Lottery took a more stringent interpretation of the existing policy regarding scanning of non-winning tickets by its Sales Agents."
Auditor: "Based on its response, MSLC is taking measures to detect illicit scanning by sales agents by making a more stringent interpretation of its current policy, the results of which indicate a significant increase in sales agents receiving disciplinary hearings."
Why it matters: MSLC lacked reasonable assurance that employees and immediate household family members were not playing lottery games or receiving prize payments.
Standard: MSLC policy prohibiting employees, or their immediate family members residing in their households, from receiving prize payments.
1 recommendation
- MSLC should establish effective policies and procedures to determine whether prizes are claimed by employees or their immediate household family members.
Agency response & Auditor reply
Agency: "Every MSLC employee must sign a form upon hire acknowledging the prohibition of playing Massachusetts Lottery games, including the purchase of games offered in Massachusetts that cross state lines (Powerball, Mega Millions and Lucky for Life)."
Auditor: "However, while we agree with the MSLC policy that each employee must sign a form acknowledging the prohibition of their, or their immediate household family members’, playing MSLC games, in our judgment this policy alone is not sufficient to deter the practice or provide reasonable assurance that MSLC employees and immediate family household members are not playing the games."
Prior findings revisited
"Our prior audit (No. 2008-0089-3S) raised questions regarding internal controls, policies, and procedures related to sales agents’ ability to illicitly scan unsold instant tickets to determine which ones were winning tickets, a practice commonly known as peeking."
"Our current audit determined that MSLC still considered the issue closed and that no effort had been undertaken to institute a policy establishing random checks of employee activity, including the cross-checking of employee name and Social Security data against payment lists of MSLC game prizewinners, as a condition of employment."
More audits of this entity
Other Office of the State Auditor reports on Massachusetts State Lottery Commission , including the prior audits referenced above.
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Audit of the Massachusetts State Lottery Commission (November 26, 2025)Authority / Commission · November 26, 2025 -
Audit of the Massachusetts State Lottery CommissionAuthority / Commission · June 9, 2021