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After spending more than three years fighting the charges, Robinhood Financial, LLC has agreed to settle a 2020 case brought by Secretary of the Commonwealth William F. Galvin over the online trading platform’s use of gamification strategies to attract and manipulate customers. As part of that settlement, Robinhood has agreed to pay an administrative fine of $7.5 million and overhaul its digital engagement practices.

In a consent order filed with Galvin’s Securities Division today, Robinhood agreed to resolve administrative complaints filed in 2020 and 2021. The consent order also addresses issues uncovered through an additional investigation by the Division into a 2021 data security breach that affected Massachusetts customers.

“While I’m happy that this case with Robinhood has finally been resolved, I’m most grateful that after being thoroughly tested in court, the Massachusetts Fiduciary Rule remains the law of the land,” Galvin said today. “This rule allows my office to ensure that investors’ interests are being protected in this state, and I hope that other states follow suit.”

Galvin’s office has objected to the gamification of trading used by Robinhood to encourage digital engagement on its platform. As detailed in the consent order, Robinhood has previously used confetti animation, digital scratch tickets, free stock rewards and other game-like features to push customers to interact with the app. The app also employed push notifications and “most popular” lists to encourage frequent trades.

In 2021, Robinhood sued Galvin’s office, in an attempt to block the administrative proceedings against the broker-dealer. After a decision in Suffolk Superior Court and a subsequent appeal to the Massachusetts Supreme Judicial Court, Galvin’s authority to promulgate the Massachusetts Fiduciary Rule was upheld and the case was allowed to proceed in August of 2023.

While Robinhood ceased many of its gamification tactics after complaints were filed by the Securities Division, the settlement in this case ensures that for Massachusetts customer accounts, Robinhood will cease any future use of celebratory imagery tied to the frequency of trading, push notifications highlighting specific lists, and features that mimic games of chance. Robinhood must also add disclosures to its lists and engage an independent compliance consultant to evaluate other digital engagement practices that remain in use.

In addition to the gamification issues described in previous administrative complaints, the consent order also addresses serious cybersecurity issues identified by the Division after a November 2021 data security breach that affected approximately 117,000 customers in Massachusetts.

According to the consent order, an unauthorized third party was able to access Robinhood customer information due to a voice phishing scam that convinced an agent to download and run a third-party remote access software on a Robinhood-issued laptop. Robinhood devices did not block the installation of such unauthorized software.

The agent, left with inadequate direction on how to report critical data breaches, was unable to reach anyone at Robinhood to report the data breach for nearly an hour. The agent tried repeatedly to contact Robinhood for help, only to encounter silence, automated messages, and in one case, and internal bot named “Halp.” After the data breach occurred, while under Robinhood’s supervision, the agent submitted a play-by-play account of the breach in cloaked email purporting to include the agent’s resume.

“It is clear from the facts gathered in our investigation that Robinhood’s internal cybersecurity policies and procedures were deficient,” Galvin said. “Not only did the company not have the necessary technological safeguards in place to protect investor information, but the failure to ensure that an employee could immediately and easily report a data breach to an actual human is unacceptable.”

Robinhood has admitted to the facts concerning the data breach that are detailed in the consent order, and has agreed to undergo an independent review its cybersecurity policies.

The filing of the consent order comes just a day before the broker-dealer’s deadline to file an appeal of the Massachusetts Supreme Judicial Court’s August 2023 decision with the U.S. Supreme Court. Robinhood has agreed not to seek an appeal and to dismiss, with prejudice, litigation pending in Suffolk Superior Court.

With Super Tuesday quickly approaching, Secretary of the Commonwealth William F. Galvin is telling voters to be on the lookout for their Official 2024 Vote by Mail Application.

Galvin’s Elections Division has begun the process of mailing applications to every Massachusetts voter, as required by state law. Applications for the March 5, 2024 Presidential Primaries will be sent to each of the Commonwealth’s 4.9 million voters on a rolling basis, continuing through the end of next week.

“The application looks very similar to the ones that were sent out in 2022 and 2020,” Galvin said. “These official mailings have the state seal printed on the outside, to help voters distinguish them from any political mailings they may also be receiving.”

Voters can use the Vote by Mail application to apply for a mail-in ballot for a specific election or for all elections this year. Those who select the option for “All 2024 Elections” will also receive their September State Primary and November State Election ballots in the mail.

Galvin is also reminding unenrolled voters, commonly called “Independents,” who wish to vote in a primary, to make sure they select a party on their application.

“Independent voters are allowed to vote in primaries, but they need to select a ballot,” Galvin said. “Voting in a primary won’t register you in a party, but your local election official needs to know which party’s ballot to mail to you.”

Applications for Presidential Primary ballots must reach local election offices by Tuesday, February 27th. Voters are advised to return their applications as early as possible, however, to account for mail delivery times.

Applications can also be submitted online, through the Secretary’s website, at www.VoteInMA.com.

Secretary of the Commonwealth William F. Galvin announced today that his Corporations Division has brought in more than $14 million in revenue for the state’s General Fund, through its 2023 Corporate Dissolution Project.

The project, which Galvin’s office runs annually, ensures that corporations pay required fees to the Commonwealth. Domestic and foreign corporations and LLCs must file annual reports, along with a filing fee, in order to be in good standing with the state.

In September, the Corporations Division sent notice approximately 68,000 corporate entities that they faced dissolution or revocation for failure to file two consecutive annual reports, with filing fees. As of the end of the year, $14,171,375 in past due fees had been collected, as a result of the project.

"This annual project ensures that businesses are up to date on their legal filings with my office, and that they are making the payments that they owe to the people of Massachusetts,"" Galvin said.

Additional revenue from the project is expected to be collected in 2024, as many of the 46,000 entities that were dissolved through the project, including LLCs seek to be reinstated.

As required by the Massachusetts Constitution, Secretary of the Commonwealth William F. Galvin has transmitted seven potential 2024 ballot questions to the Massachusetts Legislature, for its consideration. Galvin expects to send three more ballot questions this month.

Ballot question proponents needed to file at least 74,574 signatures with Galvin’s Elections Division by the first week of December in order for their question to be certified. In letters sent to the Clerk of the House of Representatives, Galvin certified that the following initiatives had received a sufficient number of certified signatures to advance toward the November ballot:

• A Law Expressly Authorizing the Auditor to Audit the Legislature: 94,404
• A Law Requiring that Districts Certify that Students Have Mastered the Skills, Competencies and Knowledge of the State Standards as a Replacement for the MCAS Graduation Requirement: 101,511
• An Act Giving Transportation Network Drivers the Option to Form a Union and Bargain Collectively: 83,788
• A Law Requiring the Full Minimum Wage for Tipped Workers with Tips on Top: 84,804
• An Initiative Petition for a Law Relative to the Regulation and Taxation of Natural Psychedelic Substance: 96,277
• Initiative Petition for a Law Defining and Regulating the Relationship Between Network Companies and App-Based Drivers for Purposes of the General and Special Laws: 91,666
• Initiative Petition for a Law Establishing that App-Based Drivers are not Employees, and Network Companies are not Employers, for Certain Purposes of the General Laws: 90,112

Three additional petitions relating to the relationship between app-based drivers and network companies are expected to be transmitted to the Legislature later in January, after Elections Division staff has completed processing and certifying the petitions.

In total, ten potential ballot questions will be considered by the Legislature, which has until April 30, 2024 to pass the proposed measures. If the Legislature fails to pass an initiative, petitioners may begin gathering an additional 12,429 voter signatures to place the question on the November ballot.

Ballot questions for the November ballot will be finalized in July of this year, after the July 3, 2024 deadline for submit additional petitions to Galvin’s office.

The Secretary of the Commonwealth’s Elections Division is reminding voters that Friday, November 4, is the final day of in-person early voting for the November 8 State Election.

With many cities and towns holding limited or no Friday hours, voters are strongly encouraged to confirm the early voting schedule in their community at www.VoteInMA.com before going to vote on November 4.

While no-excuse early voting ends tomorrow, in-person absentee voting will be available until 12 p.m. on Monday, November 7, to those who qualify. Voters who find that they will be out of town on Election Day may arrange with their local election official to vote in their local election office until noon on the day before an election.

Polls will be open from 7 a.m. until 8 p.m. on November 8, for all voters who have not already cast a ballot by Election Day.

Secretary of the Commonwealth William F. Galvin is reminding ballot question campaigns that today, December 6, is the final day to submit certified ballot question petitions to his Elections Division. By 5 p.m., petitioners must submit at least 74,574 certified signatures of registered voters, in order to advance their proposed question toward the November 2024 ballot.

Under the Massachusetts Constitution, the number of signatures required for a ballot question to advance to the next step in the process is the equivalent of 3% of the voter turnout in the last gubernatorial election.

Initiatives expected to be filed by today include those relating to: auditing the state legislature; MCAS graduation requirements; options for unionization of network drivers; minimum wage for tipped workers; voter identification; regulation of psychedelic substances; and the relationship between app-based drivers and network companies.

Galvin’s Elections Division staff will be required to examine each petition sheet filed for any disqualifying marks before tallying the certified signatures by county. No more than 25% of the total number of signatures required can come from one county.

In total, Galvin expects 11 petitions to be filed, including 5 different versions of a proposed law relating to the relationship between app-based drivers and network companies. While the review process typically takes approximately 3 weeks to complete, Galvin expects this year’s review will be longer, due to the unusually high number of petitions being filed.

In the first week of January, petitions that are determined to contain enough signatures must be sent to the Legislature for consideration. If the Legislature does not pass an initiative petition by May, petitioners will be able to pursue a final round of signature-gathering to place their question on the ballot in 2024.

Secretary of the Commonwealth William F. Galvin has fined Webull Financial LLC $500,000 and ordered significant compliance changes necessary to protect investors. Webull has admitted that the company did not have a dedicated compliance program, and at times had only one employee devoted to handling compliance matters for hundreds of thousands of brokerage accounts.

According to a consent order Webull entered into with Galvin’s Securities Division, the online broker-dealer has experienced exponential growth since its launch 2018, but has failed to dedicate sufficient resources to compliance. With more than 6 million brokerage accounts total and more than 100,000 in Massachusetts, Webull did not have the necessary staff or supervisory procedures in place to field the over 40,000 communications received from Massachusetts customers in a 4-year period.

Rather than having a designated compliance department, Webull relied heavily and unreasonably on a third-party compliance consultant and compliance counsel. The written supervisory procedures prepared by the outside counsel were described by one Webull employee as inapplicable to the business, according to the consent order.

Webull’s employee training was also inadequate, as the company failed to provide any formal training to customer service personnel through June of 2020. Written annual training on identifying complaints instructed staff to “feel” whether a communication from a customer was a complaint, rather than providing objective criteria by which employees could identify complaints.

Along with the fine, the consent order requires Webull to retain independent third-party consultants to conduct a comprehensive review of its policies and written procedures. Webull must also conduct an annual compliance review for the next 3 years, which must be filed with the Securities Division.

Secretary of the Commonwealth William F. Galvin is urging voters who have not returned their mail-in ballots for next Tuesday’s elections to return those ballots by hand before polls close.

Ballots should not be returned by mail at this late stage, Galvin warned, as mail can take up to 7 days to be delivered. Ballots in next Tuesday’s elections must be received by the close of polls in order to be counted.

Tuesday, November 7 is City Election Day in Massachusetts, when all cities and certain towns hold biennial municipal elections. A special state election in the Worcester & Hampshire State Senate District is also being held on Tuesday.

“Unlike last November, when ballots postmarked by Election Day had three additional days to arrive in the mail, the law requires mail ballots in local elections and special elections to arrive on Election Day,” Galvin said.

Galvin is also reminding voters that city election polling hours vary by community, which means that ballot return deadlines on Election Day will also vary.

Voters may return their ballots by hand to their local election office or to a drop box provided by their city or town for ballot return. Ballot return locations and polling hours for upcoming elections may be found at www.VoteInMA.com.

Any voter who chooses not to return a mail ballot may vote in person at their polling place on Election Day.

In response to what he has referred to as a “half-hearted and lackadaisical attitude” toward safeguarding retail investors, Secretary of the Commonwealth William F. Galvin has fined Fidelity Brokerage Services $750,000 over the company’s past practice of rubber-stamping options trading applications.

A consent order filed by Galvin’s Securities Division notes that Fidelity has taken steps to improve its application review systems and online applications since the January of 2022, when the Division filed a complaint alleging that the company failed to properly vet customers who applied to be approved for options and margin trading.

At the time the complaint was filed, the Division alleged that Fidelity’s application review system allowed customers to submit multiple applications, each time with the information altered until the customers met the requirements to be approved. The complaint detailed examples of repeated applications with inflated financials, investment experience, and employment information that Fidelity reviewers failed to notice, despite already having contrary information in the Fidelity system.

Options trading is considered to be particularly risky due to options’ relative complexity, their lack of liquidity, and the fact that just breaking even requires one to accurately predict short-term price fluctuations in the underlying asset. Brokers determine an investor’s suitability for different levels of options trading based on their income, net worth, trading experience, and general knowledge of investing.

In addition to the $750,000 administrative fine paid to the Commonwealth, Fidelity Brokerage Services has been censured by the Securities Division. Fidelity must also submit a report to the Division on the findings of an internal review of policies and procedures, including the improvements that have been made to compliance training.

Secretary of the Commonwealth William F. Galvin, who administers the Massachusetts Address Confidentiality Program (ACP), visited Springfield today to announce the creation of a new grant program for providers of services to victims of domestic violence.

“It is clear to anyone who has been following the news over the past year that we are facing a statewide crisis of domestic violence,” Galvin said. “This new grant program is targeted at increasing awareness, not only of this upsurge in violence, but also of the services available to those trying to leave an abusive situation.”

Included in the budget signed by Governor Healey earlier this month was funding for a statewide Domestic Violence Service Provider Grant Program, which will be administered by Galvin through the ACP. The $100,000 program will provide funding to organizations helping to spread awareness of the many services already available to those who have been abused, sexually assaulted, or stalked.

Galvin hopes that the grant program will be successful in reaching those who fear they will be without help or resources if they try to leave a violent situation. He also hopes to increase overall participation in ACP, to help keep those who have already left abusive relationships safe.

“Our program helps hundreds of people every year. While I wish the program were unnecessary, the fact remains that there are many more people in Massachusetts who would could be helped, if only they knew more about these services,” Galvin said.

The Massachusetts Address Confidentiality Program protects relocated survivors of domestic violence, sexual assault, and stalking by providing them with a new mailing address to use with state and municipal agencies. The program assists with keeping participants’ true address out of public records and facilitates the safe delivery of mail to program participants.

Officially kicking off the 2024 Presidential Primary season, Secretary of the Commonwealth William F. Galvin has released nomination papers for those who wish to run for political party ward, town, or state committee positions. These party positions, elected at the Massachusetts Presidential Primaries, will be listed below candidates for president on the ballots next March.

Every political party in Massachusetts is run at the state level by a state committee, which includes a total of 80 elected members from the state’s 40 state senate districts. Every district elects one man and one woman to represent its party members on the state committee. Candidates for state committee man or woman must gather at least 50 certified signatures from voters of the district in order to qualify for the ballot.

In cities and towns, political party committees are elected at the ward or town level. While the number of committee members varies by community, all candidates for ward or town committee must collect at least 5 certified signatures from their ward or town to have their names printed on the ballot.

The deadline for party committee candidates to submit nomination papers to their local election offices for certification is Friday, November 10. Those nomination papers must then be filed with the State Elections Division by Tuesday, November 21.

The Massachusetts Presidential Primaries will be held on March 5, 2024, on what is commonly known as Super Tuesday. Massachusetts will hold 3 party primaries that day: Democratic, Republican, and Libertarian.

Candidates for state committee may pick up nomination papers at Galvin’s offices in Boston, Springfield and Fall River. Papers will also be available at local election offices in: Barnstable, Brockton, Chelmsford, Fitchburg, Framingham, Gardner, Haverhill, Nantucket, Northampton, Peabody, Pittsfield, Tisbury, and Worcester.

Nomination papers for ward and town committees are available from the Elections Division in Boston and at each local election office in Massachusetts.

Additional information may be found at www.sec.state.ma.us/elections or by calling 1-800-462-VOTE (8683).

Leading a multi-state effort to crack down on brokers who overcharge investors, Secretary of the Commonwealth William F. Galvin has ordered Raymond James & Associates, Inc. and Raymond James Financial Services, Inc. to return $8.25 million, plus interest, to customers who were charged unreasonably high fees. Galvin also ordered Raymond James to pay a total of $4.2 million in fines and penalties to the states involved.

In coordination with a North American Securities Administrators Association (NASAA) working group that included financial regulators in Alabama, California, Illinois, Montana, and Washington, Galvin’s Securities Division led an investigation looking into Raymond James’ practice of nickel-and-diming customers. The investigation showed that the broker-dealer charged unreasonable commissions on more than 270,000 equity transactions over the past 5 years.

According to the settlement agreement secured by Galvin’s office, Raymond James overcharged customers by applying a $75 minimum commission charge, regardless of the reasonableness of the commission. Because the broker-dealer failed to have appropriate systems in place to stop overcharging of customers, many paid over 90% of the principal amount.

“This isn’t the first time Raymond James has overcharged customers,” Galvin said today. “In 2011, they paid more than $2 million in restitution and fines for conduct that was identical to this. It is clear from these actions that there is a continuing need for state regulators to work together to protect the best interests of investors.”

Among the requirements of the settlement Raymond James has entered into with state securities regulators is an offer of restitution to customers who were charged more than 5% commissions on equity transactions in the past five years. The broker-dealer must also change its supervisory and compliance apparatus concerning brokerage commissions.

Affected Massachusetts customers will be entitled to a total of more than $185,000, plus 6% interest. The Commonwealth will also receive $100,000 in the form of an administrative fine.

Secretary Galvin has extended his thanks and appreciation to the state securities regulators in the 5 other states that participated in the investigation.

Secretary of the Commonwealth William F. Galvin announced today that his office will be sponsoring opportunities for visitors to the Boston area to learn about the history of the United States on the 4th of July.

Galvin, who runs the Massachusetts State Archives and Commonwealth Museum, will keep the museum open for visitors on the Fourth. The Commonwealth Museum features an original copy of the Declaration of Independence, signed by John Hancock, which visitors will be able to view from 9 a.m. until 4 p.m.

In addition to the Declaration of Independence, visitors to the Commonwealth Museum will also be able to see the Commonwealth’s copy of the Bill of Rights; the Massachusetts Constitution, written by John Adams; and letters from founding fathers John Hancock, George Washington, and Alexander Hamilton.

In his role as Chair of the Massachusetts Historical Commission, Galvin will also be funding tours at the Church of the Presidents in Quincy. The Historical Commission provides funding for tours throughout the summer of the church’s Adams Family Crypt. Special 4th of July tours will be offered from 11 a.m. until 4 p.m.

The Church of the Presidents, officially known as United First Parish Church, is the burial place of our second and sixth presidents. President John Adams is entombed in the crypt, alongside and his wife, First Lady Abigail Adams. President John Quincy Adams and his wife, First Lady Louisa Catherine Adams are also laid to rest in the family crypt.

“This 4th of July marks the 197th anniversary of the death of President John Adams and his political rival, Thomas Jefferson, who both passed away on the 50th anniversary of the signing of the Declaration,” Galvin said. “History buffs can come see documents written by both of these men, go on to pay their respect to the Adams family, and then enjoy the fireworks and festivities later in the day.”

The Commonwealth Museum is located on Columbia Point in Dorchester, at 220 Morrissey Blvd. Parking at the museum is free of charge.

The Church of the Presidents is located at 1306 Hancock Street in Quincy. Additional information is available at www.ufpc.org.

Secretary of the Commonwealth William F. Galvin has ordered Snows Acquisition, LLC, the proprietor of Barts and Snows Ice Cream Co., to return $60,000 to investors who were sold unregistered percentage interests in the financially distressed company, by its founder and manager, Thomas K. Schmidt.

In addition to the partial rescission that must be provided to investors, Galvin has further ordered the company to pay an administrative fine of $50,000 over the violations of state laws that occurred when Schmidt sold unregistered securities over a three-year period.

The owner and distributer of local ice cream brands Barts Ice Cream and Snow’s Premium Ice Cream, Snows Acquisition has admitted to the facts set forth in a consent order filed by Galvin’s Securities Division. The ice cream, previously known as Snows Nice Cream, is sold at grocery stores throughout New England and at the company’s “Scoop Shop” in Greenfield.

According to the consent order, after purchasing the company in 2016, Schmidt sold $225,000 in “percentage interests” in the business to individuals he identified as family and friends. Schmidt was not licensed to sell securities in Massachusetts, nor were any of the percentage interests registered with the Securities Division.

Schmidt has also admitted to using the company’s business account to write nearly $25,000 in checks to himself during the time in which the unregistered securities were being sold, claiming that the money was compensation for acting as the business’s manager.

“I strongly encourage anyone considering an investment to contact my Securities Division and check on its legitimacy, even if the person selling the investment is someone they know personally,” Galvin said today. “Unfortunately, due to the financial situation of this business, these investors will be able to recoup only a portion of the money they invested.”

Secretary of the Commonwealth William F. Galvin has fined Stifel, Nicolaus & Company, Inc. $2.5 million, after the broker-dealer ignored a series of red flags that warned that elderly Massachusetts residents, non-profit organizations, and churches were being charged excessive and unauthorized fees, due to the actions of one of its agents.

Along with the $2.5 million fine, Stifel will also be required to pay more than $700,000 in restitution to affected Massachusetts customers, as part of a consent order the broker-dealer has entered into with Galvin’s Securities Division.

According to the consent order, former Stifel broker-dealer agent Joseph Crespi subjected many of his clients to predatory sales practices over several years, leading to higher commission sales for himself and his employer. Despite repeated warnings by Crespi’s own branch manager, Stifel failed for years to discipline Crespi or take any meaningful actions to correct his behavior.

Internal Stifel communications examined by the Securities Division showed that the broker-dealer was well aware of Crespi’s questionable trade practices, with one Stifel employee remarking that Crespi would continue to attempt to violate certain rules, as “spots of a leopard do not change.”

The consent order details numerous times that Crespi was suspected of making trades not authorized by clients, including at least one instance that involved a trade made in a deceased client’s account. Crespi took steps to attempt to disguise his actions, though his branch manager and other internal systems repeatedly flagged his transactions for review. Nonetheless, Stifel allowed the misconduct to continue for more than 3 years before terminating the agent.

Beyond Crespi’s actions, the Division’s investigation also uncovered wide-ranging harm to Massachusetts customers. In particular, the investigation identified multiple instances of Stifel employees using personal cell phones to conduct business and distributing retail communications in violation of firm and regulatory requirements.

The consent order, which was filed over the weekend, is the third in a series of enforcement actions the Securities Division has taken against Stifel over the past five years. The Missouri-based broker-dealer has previously been ordered to pay fines totaling $400,000 and provide restitution to Massachusetts customers, stemming from consent orders filed in 2018 and 2021.

“As the size of this fine illustrates, I will not tolerate repeated rule-breaking by firms that enact toothless compliance and supervisory systems, while placing their own bottom line above investor protection,” Galvin said today. “This firm failed its customers when it dragged its feet for years, avoiding taking meaningful action to protect their best interests.”

In addition to the fine and restitution for Crespi’s clients required by the consent order, Stifel has also agreed to provide restitution for Massachusetts customers who were charged commissions on equity transactions in excess of 5%. Stifel management has further been ordered to certify changes to its supervisory and compliance apparatus, concerting brokerage sales practices.

Secretary of the Commonwealth William F. Galvin has ordered a former Massachusetts broker-dealer agent and investment adviser representative to return more than $250,000 in funds to a client’s account, after the man used a series of forged checks to steal the money the client had invested.

After receiving a complaint from the victim, Galvin’s Securities Division opened an investigation into Nick Palky, a former Woburn resident who has also previously been known as Nikhil Palkhiwala. Palky had at times been registered as a broker-dealer agent between 1987 and 2015, most recently with the now-defunct Investors Capital Corporation. In the course of the investigation, Palky admitted to stealing nearly $250,000 from his client, over a period of several months in 2016.

According to a consent order filed by the Securities Division this week, after misappropriating his client’s funds, Palky moved from Massachusetts to California, where he has lived off the stolen money.

“In 2018, Palky moved to Simi Valley, California where he purchased a home in cash. Since moving to California, Palky has had no sources of income. Instead, Palky uses the Client’s funds and any associated investment gains from these funds to pay for all his basic living expenses,” the consent order states.

Palky was able to misappropriate his client’s investments through forgery, after he recommended to the client that she liquidate her money market funds, according to the consent order. Palky then made regular withdrawals from the woman’s account, without her knowledge or authorization, using a checkbook he had obtained by forging the client’s signature. By repeatedly forging checks under his customer’s name, Palky was able to transfer the customer’s money to his own personal account.

The consent order further states that Palky attempted to mislead the client about the status of her accounts when she asked to have the funds transferred to separately managed accounts. Instead, Palky refused to do so, and pressured the client to allow him to retain management of her funds, though he was no longer registered in the securities industry.

With the consent order, Palky has agreed to return all of the stolen funds, with interest, to the victim’s accounts. Galvin has also ordered Palky to pay a $100,000 administrative fine to the commonwealth, and has banned him from any future registration in the securities industry in Massachusetts.

Secretary of the Commonwealth William F. Galvin is reminding property owners that the deadline to apply for a property tax abatement in most communities is next Wednesday, February 1.

February 1 is the deadline for 3rd quarter property tax payments in more than 80% of the cities and towns in Massachusetts. It is also the last day to file for an abatement in those communities. If a homeowner believes that the description of their property is inaccurate and over-assessed, an abatement will be the only remedy to reduce their property tax bill.

An applicant whose request for an abatement is denied may appeal to the State Appellate Tax Board. Guidance available from Secretary Galvin’s Citizen Information Service includes tips for homeowners to ensure they do not lose their right to appeal by missing key deadlines.

Abatement and property tax exemption forms are available at all municipal assessors’ offices. Exemptions are also available in many communities for certain elderly homeowners, the blind, disabled veterans, minor children of a deceased parent, or minor children of police or firefighters killed in the line of duty.

Homeowners may find more information at www.sec.state.ma.us/cis. Those who need assistance may call the Citizen Information Service at 1-800-392-6090 for additional resources.

Secretary of the Commonwealth William F. Galvin is has announced that the Massachusetts Historical Commission has allocated $400,000 of state historic rehabilitation tax credits to New Bedford’s Zeiterion Theater.

“The Commonwealth’s investment in the historic Zeiterion Theater will ensure that people will be able to admire and enjoy this historic venue for years to come,” Galvin said today.

The Zeiterion Theater is listed in the State and National Registers of Historic Places as a contributing element to the Central New Bedford Historic District. It is the only vaudeville theater remaining in New Bedford.

Built in 1923 in a variation of the Federal Revival Style, the building has been home to the theater, as well as a travel agency and furniture store, over the years. The Zeiterion Theater rehabilitation project is intended to improve the theater-going experience with patron amenities and accessibility improvements, along with restoration of the theater and marquee. The project will bring the historic venue up to modern standards, while maintaining and restoring the historic lobby, exterior storefronts, and doors. Existing modern windows on the upper levels will be replaced with windows that replicated the historic windows that were removed years ago, bringing the theater back to historic appearance.

The Massachusetts Rehabilitation Tax Credit program is administered by the Massachusetts Historical Commission. Under the program, certified rehabilitation projects on income-producing properties are eligible to receive up to 20% of the cost of certified rehabilitation expenditures in state tax credits. Due to an annual cap, selection criteria ensure the funds are distributed to the projects that provide the most public benefit.

The Massachusetts Historical Commission is the office of the State Historic Preservation Officer and State Archaeologist. It was established in 1963 to identify, evaluate, and protect important historical and archaeological assets of the Commonwealth. Additional information about the Commission’s programs is available at www.sec.state.ma.us/mhc.

As many Massachusetts residents prepared for the upcoming holidays, Secretary of the Commonwealth William F. Galvin joined Norfolk DA Michael W. Morrissey and Middlesex DA Marian T. Ryan at the State House yesterday, for an event highlighting resources available to those experiencing domestic violence and mental health crises.

Galvin, Morrissey, and Ryan were joined at the event by Danna Mauch, President and CEO of the Massachusetts Association of Mental Health, as well as advocates for survivors of domestic violence and sexual assault.

Each speaker highlighted different resources available to residents who are struggling over the holidays and find themselves in need of urgent assistance. Mauch spoke about the impact on mental health that the holiday season can have, while DA Ryan urged those experiencing thoughts of suicide to call 988, the 24-hour national mental health hotline.

Stephanie Brown, the CEO of domestic violence program Casa Myrna, spoke of the dangers of holiday gatherings with families for those affected by domestic violence or sexual assault. She urged those who do not feel safe in their relationship to contact the Commonwealth’s domestic violence hotline, Safelink, at 1-877-785-2020.

Galvin, who opened the event at the State House and introduced each speaker, highlighted his office’s Address Confidentiality Program, which is available to victims of domestic violence, sexual assault, and stalking. The Address Confidentiality Program provides relocation assistance and confidential addresses that survivors can use to hide their location from abusers. The Address Confidentiality Program may be reached at 1-866-SAFE-ADD (866-723-233).

Secretary of the Commonwealth William F. Galvin has charged a Randolph couple who are alleged to have preyed upon members of the local Haitian community throughout the pandemic by operating a Ponzi scheme that resulted in the loss of substantially all of the more than $5 million raised through their scheme.

Galvin’s Securities Division today filed an administrative complaint against Milendophe Duperier and Vanessa Joseph, both of Randolph, and their associated companies. Duperier, the son of a pastor at a local Haitian church, is alleged to have conspired with Joseph, his fiancée, to keep the scheme afloat for more than two and a half years.

According to the complaint, Duperier and Joseph solicited millions of dollars from approximately forty individuals, including friends, family members, and congregants of their churches. The respondents also amassed more than a million dollars from the federal government, in the form of PPP and SBA loans, which were not used for their intended purpose.

Duperier and Joseph are alleged to have made outlandish claims to prospective investors, including that they had discovered a foolproof method to achieve profits trading options in both bear and bull markets, though neither respondent had any experience or formal training in investing. Instead, Duperier and Joseph are said to have attempted to educate themselves about options trading through YouTube videos and other online resources.

The complaint details how Duperier and Joseph sold unregistered promissory notes to investors, promising exorbitant interest rates of 60% per annum, paid monthly. Funds raised through the sale of the unregistered notes were purportedly to be used to fund Duperier and Joseph’s business ventures, including a brokerage firm, a property management company, and a social media consultant company.

In reality, according to the complaint, Duperier and Joseph instead used the corporate entities organized for those purposes primarily to defraud the federal government out of nearly $1.5 million in pandemic-related funds and federally-sourced SBA loans, which they used to make payments to investors, repay personal debts, and purchase personal property and real estate.

“When new investments were not enough to keep pace with interest owed, Duperier and Joseph began defrauding the federal government as well by applying for and receiving Payroll Protection Program (“PPP”) and other Small Business Administration (“SBA”) loans,” the complaint states. “When the availability of SBA loans and PPP loans disappeared, Duperier and Joseph turned to check washing schemes, altering the payee field on otherwise legitimately issued checks to their own names and distributing the funds to investors.”

While Duperier and Joseph used investor and taxpayer funds to make interest payments in an attempt to cover up their scheme, they were also using those funds to finance their own lifestyles. The complaint alleges that Duperier and Joseph used the money to refinance existing mortgages and purchase new real estate properties, purchase expensive cars, and pay general personal expenses.

“Duperier and Joseph used investor funds to purchase or make loan payments on multiple recent model year luxury cars, including Tesla Models X and S, a Mercedes Benz S Class, and an Infiniti QX30,” the complaint states.

With the filing of the complaint, the Secretary of the Commonwealth’s Securities Division is seeking an order fining Duperier and Joseph and requiring them to pay restitution to compensate investors for their wrongdoing. In addition, the Division is seeking an immediate temporary cease and desist order, to stop the ongoing fraud. To date, Duperier and Joseph have failed to return even investors’ principal investments.

Secretary of the Commonwealth William F. Galvin this morning signed the final certification of the new constitutional amendment known as the “Fair Share Amendment.” The amendment, which will impose a surtax on income over $1 million, will now be known as Article CXXI of the Articles of Amendment to the Massachusetts Constitution.

With the signing the amendment, Galvin is also calling upon the Legislature to establish an education trust fund to assure voters that the funds from this new tax will be guaranteed to go toward education. The text of the amendment, as voted on by the people in the November 8 State Election, promised that part of the revenue raised by the new tax would be used for public education, “subject to appropriation by the state Legislature.”

Galvin is further proposing that the incoming Legislature amend the current law to define “annual taxable income” as excluding a one-time profit on the sale of a homeowner’s primary residence, if the homeowner is elderly and income-limited. Galvin, how administers most registries of deeds in the Commonwealth expressed concern for homeowners who might be taxed on a one-time windfall on the sale of their largest asset, and worry that the new tax might discourage older homeowners from selling.

“With the results of the election now certified, this constitutional amendment will go into effect immediately on the first of day of the new year,” Galvin said. “Immediate action will be needed to assist elderly homeowners who may have been intending to sell their current primary residence, in an effort to downsize and fund their retirement.”

Secretary of the Commonwealth William F. Galvin today signed the paperwork necessary to codify Question #2, “A Law Relative to Regulation of Dental Insurance,” which was approved by the voters at the 2022 State Election.

Placed on the November 8 ballot by petition of the voters, Question #2 was the most popular binding ballot question in that election, receiving 71.6% of the votes cast.

With this final official step in the initiative petition process, Question #2 will now be known as Chapter 287 of the Acts of 2022. As written, the law will take effect on January 1, 2024.

Once in place, the new law would regulate dental insurance rates, requiring companies to spend at least 83% of premiums on member dental expenses and quality improvements, instead of administrative expenses. The first of its kind, the statute is considered a model for dentist groups nationwide.

At the signing of the law, Secretary Galvin was joined by representatives of the Massachusetts Dental Society.

Secretary of the Commonwealth William F. Galvin today ordered hand recounts to be conducted in the Second Essex and First Middlesex State Representative Districts. The order, sent to local election officials in the districts, requires recounts to be completed no later than Saturday, December 10.

The official election results in both districts, as certified by Governor Baker and the Governor’s Council today, show each of the leading candidates ahead by less than 0.5%. Unlike a precinct-level recount, which requires no specific margin, a districtwide recount can only be ordered if the difference between the top candidates is within 0.5%.

In the Second Essex District, certified results show Republican Leonard Mirra with 11,754 votes, while Democrat Kristin E. Kassner received 11,744. The 10-vote difference represents 0.04% of the 23,509 votes cast in the race.

In the First Middlesex District, certified results show Democrat Margaret R. Scarsdale receiving 9,384 votes to Republican Andrew James Shepherd’s 9,367. The 17-vote difference makes up 0.08% of the 19,910 votes cast in that race.

Candidates trailing in both districts submitted recount petitions prior to the November 23 deadline to request a districtwide recount. Under state law, the recount could not officially be ordered until the results had been certified by the Governor and Council at today’s meeting of the Governor’s Council.

Local election officials in the districts will schedule hand recounts to be held in each town in the district, before each town’s board of registrars. All recounts are open to public observation. Towns must provide at least 3 days’ notice to each candidate prior to the date of the scheduled recount.

With election results now certified by each of the 351 local election officials in Massachusetts, Secretary of the Commonwealth William F. Galvin has announced that the official number of voters casting ballots in the November 8, 2022 Massachusetts State Election was 2,508,298.

In terms of total votes cast in a midterm election in Massachusetts, the number is exceeded only by the 2018 State Election, when 2,752,665 voters participated. As a percentage of the number of registered voters in Massachusetts, the voter turnout for the midterm election was 51.4%.

“While we unfortunately didn’t set a new record this year, I am pleased to report that the overall voter turnout did my own exceed expectations for this election,” Galvin said. “I’m delighted to have been wrong.”

Prior to Election Day, Galvin had projected turnout in the election would be around 2.2 million, based on factors such as the rate of mail ballot returns, the number of voters casting ballots during early voting, and the general interest of voters. Final turnout numbers exceeded that projection by 300,000, due in part to a larger than expected turnout on Election Day.

In total, 1,382,454 voters cast ballots at polling places on Election Day, which represents 55.1% of all ballots cast in the November 8 State Election. Massachusetts has not seen a majority of ballots cast on Election Day since the 2020 Presidential Primary, the last statewide election held before the adoption of no-excuse voting by mail.

While most chose to vote in person on Election Day, voting by mail continues to be a popular option among Massachusetts voters. In total, 937,669 ballots, or 37.4% of the overall voter turnout, were cast by mail. As mail-in voting gains in popularity, turnout during in-person early voting has waned, with only 188,175, or 7.5% of voters casting ballots choosing that option for the November 8 State Election.

Secretary of the Commonwealth William F. Galvin has charged a North Shore business owner and his former associate with violations of state securities laws, over an investment scheme that left Massachusetts investors without millions of dollars they were owed by Ipswich floor-plan lending company Shamrock Finance, LLC.

According to an administrative complaint filed by Galvin’s Securities Division this week, the actions of Shamrock Finance manager, Kevin B. Devaney of Newburyport, and CPA Keith Harris of Seabrook, NH resulted in losses of approximately $9 million for Massachusetts investors.

The complaint states that investors in Shamrock Finance were sold promissory notes by Devaney and Harris with the guarantee of 12% annual interest payments and assurances that proceeds would not be used to pay for Shamrock’s operating expenses.

Funds raised through the promissory notes were intended to be used to assist auto dealerships with purchasing vehicles, to which Shamrock Finance would hold the titles as collateral until the dealerships sold the vehicles, the complaint explains. At the time of a sale, Shamrock Finance would receive the funds loaned to the dealership, with interest.

While overseeing Shamrock’s financials, Harris is alleged to have used his position to fraudulently funnel $200,000 in funds to a relative for the purchase of a condominium. Harris is also alleged to have used Shamrock funds to provide himself with a $35,000 “loan” that was never repaid, for his own personal expenses.

The complaint further states that Harris’s actions led to dire financial straits for Shamrock, due to over-issuance of debt that Harris encouraged, which was disguised by his falsified accounting, understatement of expenses, and overstating of net income.

The full extent of Harris’s actions was discovered only after Devaney hired a new CFO, who recommended Shamrock declare bankruptcy. During bankruptcy proceedings, Harris invoked his Fifth Amendment rights and refused to produce any documents requested by the bankruptcy examiner.

With the filing of the administrative complaint, Galvin’s Securities Division is seeking restitution for as many as 57 Massachusetts residents who purchased notes, relying on Harris and Devaney’s statements that they were secured by Shamrock’s assets. The Division is also seeking to have both respondents barred from selling securities in Massachusetts and the imposition of an administrative fine.

Secretary of the Commonwealth William F. Galvin is reminding Massachusetts veterans to take advantage of the 55-page booklet his office publishes on laws applying to veterans and the benefits that are available to them.

“As we honor veterans and their service to our country, we must also ensure they are receiving the support and benefits our country and commonwealth owe to them,” Galvin said today.

The publication, “Veterans’ Laws and Benefits,” includes information on education, housing and employment benefits, property tax exemptions, outreach and counseling resources, and veteran bonuses and annuities. Veterans may also find information and resources available to those who have suffered traumatic brain injuries, as well as a listing of Veterans’ Service Officers by municipality.

It is estimated that there are more than 300,000 veterans in Massachusetts, with around 15% of those veterans having served since September 2001. Approximately one third of Massachusetts veterans are living with a disability.

Copies of “Veterans’ Laws and Benefits” may be requested by calling Secretary Galvin’s office at 1-800-392-6090. The publication is also available at www.sec.state.ma.us/cis

The Secretary of the Commonwealth’s Elections Division is reminding voters that Friday, November 4, is the final day of in-person early voting for the November 8 State Election.

With many cities and towns holding limited or no Friday hours, voters are strongly encouraged to confirm the early voting schedule in their community at www.VoteInMA.com before going to vote on November 4.

While no-excuse early voting ends tomorrow, in-person absentee voting will be available until 12 p.m. on Monday, November 7, to those who qualify. Voters who find that they will be out of town on Election Day may arrange with their local election official to vote in their local election office until noon on the day before an election.

Polls will be open from 7 a.m. until 8 p.m. on November 8, for all voters who have not already cast a ballot by Election Day.