Rep. Lyford's News from the Legislature

Applications Open for United State Senate Youth Program

The United States Senate Youth Program (USSYP) is pleased to announce that the state departments of education nationwide have begun their annual selection processes.  Two Maine students will be selected to attend the online Washington Week program March 14-18, 2021, and each will receive a $10,000 undergraduate college scholarship.  This year, the application process will be completely online, with each high school principal able to nominate one student from their high school to be considered.

Students must submit their application and signed nomination via e-mail no later than 11:59 p.m. on Friday, December 4, 2020.  All forms, requirements, and additional information can be found on the Maine Social Studies Department of Education Web site.  More about the Program can be found on the National USSYP Web site.

The USSYP was created by Senate Resolution 324 in 1962 as stated in supporting Senate testimony from that year, “to increase young Americans’ understanding of the interrelationship of the three branches of government, the caliber and responsibilities of federally elected and appointed officials, and the vital importance of democratic decision-making, not only for America, but for people around the world.”

Each year, this extremely competitive merit-based initiative brings 104 of America’s brightest high school juniors and seniors from every state, the District of Columbia, and the Department of Defense Education Activity, to Washington, D.C. for an intensive week-long study of the federal government and its leaders.  The state departments of education throughout the country select the students through a rigorous nomination and selection process.  Each of the 104 student delegates will also receive a $10,000 undergraduate college scholarship, with encouragement to continue coursework in history, government, and/or public affairs.  The Hearst Foundations have fully funded and administered the Program since inception, as stipulated in S. Res. 324.  No government funds are utilized.

Maine Securities Administrator Works to Charge Precious Metals Dealers in $185 Million Scheme Targeting Elderly Investors

The Maine Office of Securities Administrator announced participation with a consolidated nationwide enforcement action to halt a fraudulent precious metals scheme that has solicited $185 million from at least 1,600 seniors and other investors.

The Administrator joined the Commodity Futures Trading Commission (CFTC) and 29 other states in filing a complaint in the U.S. District Court for the northern district of Texas, alleging Metals.com and Barrick Capital, Inc. solicited $185 million from seniors and other vulnerable investors nationwide by touting precious metals at grossly inflated prices that were not disclosed.

This historic joint effort between the CFTC and 30 state regulators is an important step toward rooting out fraud across the country, said CFTC Chairman Heath P. Tarbert.  This case highlights just how geographically broad commodities fraud can be in our rapidly-evolving financial markets, and how important it is for regulators at all levels of government to work together to pursue bad actors while protectig market participants.

The complaint names Los Angeles, California-based companies TMTE, Inc., also known as Metals.com; Chase Metals, Inc.; Chase Metals, LLC; Barrick Capital, Inc.; along with Simon Batashvili, Lucas Asher, and Tower Equity, LLC as the defendants.  They are accused of using cold calling, television, radio, and social media advertisements designed to instill fear in elderly and retirement-aged investors and build trust with investors based on representations of political or religious affinity.  Investors were advised to liquidate their holdings at registered investment firms to fund investments in precious metals bullion through self-directed individual retirement accounts and bullion coins, the complaint said.

The defendants also are accused of failing to disclose, among other things, the markup Metals.com and Barrick charged investors for their precious metals bullion products and that investors could lose the majority of their funds immediately upon completing a transaction.  The defendants charged investors prices for gold or silver bullion averaging from 100% to more than 300% the melt value or spot price of that gold or silver bullion.  In many cases, the market value of the precious metals sold to investors was substantially lower than the value of the securities and other retirement savings investors had liquidated to fund their purchase.  Information to date indicates that Maine investors have invested over $700,000 with Metals.com.

The complaint requests the Court order the defendants to cease sales activity, return money to investors, and stop defrauding investors and violating federal and state laws going forward.  The complaint also requests that a receiver be appointed to take over the companies to marshal funds for the benefit of investors across the country.

Metals.com and its agents have attempted to evade previous regulatory actions from 12 states by, among other tactics, changing its business name.  The coordinated state and federal action to put a stop to the company’s efforts to continue to prey on elderly investors is the result of a multi-state collaboration by members of the North American Securities Administrators Association (NASAA), of which the Maine Office of Securities is a member, and the Commodity Futures Trading Commission’s Office of Cooperative Enforcement.

Investors should come forward if they suspect they have been targeted by Metals.com or similar precious metals investment schemes.  Information about advisers, salespersons, and investing is available at www.investors.maine.gov, by calling 1-877-624-8551, or by writing to the Maine Office of Securities, 121 SHS, Augusta, Maine 04333-0121.

Massachusetts Exempted From Quarantine or Testing Requirement

While testing for travelers from Massachusetts and other exempt states is not required, it remains a recommended practice to protect the health and safety of visitors and Maine people

Travelers from Massachusetts are exempt from the requirement to get a negative COVID-19 test or quarantine for 14 days.

The decision comes after the latest review of public health information by the Maine Department of Health and Human Services and Maine Center for Disease Control and Prevention, which determined that Massachusetts now resembles exempt states like Connecticut, New York, and New Jersey in its COVID-19 prevalence and positivity rate.

Maine's quarantine or testing alternative requirement, as established by the Keep Maine Healthy Plan, has helped protect the health and safety of Maine people since its implementation over three months ago, and been replicated by numerous other states since then, including Massachusetts.  This change includes Maine residents who may be traveling back to Maine from Massachusetts after visits for services, such as health care.

It is strongly recommend that visitors from exempt states "Know Before You Go" and obtain a test before visiting Maine, for their safety and that of Maine people.  Just recently, the Maine Department of Health and Human Services broadened its standing order to allow anyone in Maine to now get tested for COVID-19 without the need for a separate order from a healthcare provider.  Visitors can find COVID-19 testing sites near them online here.  Those taking reservations for lodging facilities in Maine are asked to advise all visitors that testing is encouraged, even if no longer required for people coming from certain exempt states.

Maine, adjusted for population, ranks second lowest in the nation in terms of positive cases; fifth lowest in the nation in terms of deaths; the lowest in terms of patients ever-hospitalized out of the 36 states reporting; and 10^th highest in the percentage of people who have recovered out of the 45 states reporting.

Standing Order to Allow Anyone in Maine to be tested for COVID-19

State's vastly expanded testing capacity must still be used wisely

Anyone in Maine can now get tested for COVID-19 without the need for a separate order from a healthcare provider -- a milestone resulting from Maine's vastly expanded testing capacity.

The Maine Department of Health and Human Services (DHHS) has broadened its standing order (PDF) to include all individuals who think they need a COVID-19 test.  This means that participating sites may test anyone in Maine over the age of 12 months who feels they need a test, even if they do not have a primary care provider or a written order from a clinician.

While it is always best to talk with a healthcare provider about getting a COVID-19 test, those who believe they have been exposed to COVID-19 may get a test at a site operating under the standing order.  The order helps people who do not have a primary healthcare provider, cannot communicate in a timely way with their healthcare provider, or are visiting Maine or coming back to Maine from another state, for example.

The U.S. CDC also does not advise frequent, routine testing in most circumstances.  Dozens of sites across Maine have been providing testing under the standing order since it was first issued in June.  This includes all of Maine's 27 swab and send sites.  The swab and send sites complement the roughly 40 current testing sites already available to the public.  For a list of all sites providing tests to people without symptoms and without requiring a provider referral, visit the Keep Maine Healthy Web site.

Some of the organizations operating swab and send sites, as well as other organizations, are offering testing to their patients at additional sites.  For a complete and frequently updated list of COVID-19 testing sites in Maine, visit Get-Tested-COVID19.org.

For a list of frequently asked questions on the standing order, click here.

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