Posted on 11/29/2007 7:08:30 AM PST by nuconvert
Lottery winner wasn't supposed to gamble
By MARK PRATT, Associated Press Writer
Nov 28, 2007
BOSTON - The winner of a $1 million lottery scratch ticket may not be so lucky after all: He's a convicted bank robber who isn't supposed to gamble. Timothy Elliott faces a Dec. 7 court hearing over whether he violated his probation when he bought the $10 ticket for the $800 Million Spectacular game at a supermarket in Hyannis.
Elliott was placed on five years' probation after pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod. Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."
Elliott, 55, has collected the first of 20 annual $50,000 checks from the Massachusetts lottery commission. A picture of Elliott, holding his first check, was posted on the lottery's Web site Monday, though it was removed by Wednesday.
As part of his sentence, Elliott was put under the care of the state Mental Health Department and sent to a hospital for treatment, and state officials refused Wednesday to say whether he was still being treated.
A telephone number for Elliott could not immediately be located Wednesday, and it was not clear whether he had a lawyer.
The lottery routinely cross references the names of winners with the state Revenue Department to see if they owe back taxes or child support, lottery spokesman Dan Rosenfeld said. In those cases, winnings go straight to the Revenue Department.
But in this case, it will be up to the court to determine what will happen with Elliott's winnings.
"This is kind of new territory," he said.
Illegals buy lottery tickets and win so why not let a legal criminal a piece of the pie?
He simply did no wrong. Violating probation?
Under terms of his probation, he may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played.
If he can’t visit places where gaming is conducted, then I guess he can’t get gas at most gas stations or visit the majority of grocery stores as gas stations and grocery stores are the biggest sellers of lottery tickets.
This guy can only shop and get gas at Wal-mart or Sam’s till the end of his probation.
Or is my logic faulty?
That would work (if they would use it that way) but ...I like to see the little guy win sometimes.
In all sincerity, the clause was nothing more than wishful thinking on the judges part....and the judge knows it.
I agree. From the looks of things, he probably won't keep it long anyways.
“Judges whim”!! Think this is one of those “cuties” between the Public Defender and the Judge. Why doesn’t it say “No more trying to rob banks?” Remember, this was an unarmed robbery.
I'd probably be willing to do 6 months in the slammer for a million bucks.But upon entering,I'd make sure that my lawyer informed the Department of Correction that they'd be sued...big time...for every single assault that I suffered at the hands of another prisoner.
And then I'd keep my fingers crossed!
We’ll see. I think he’ll get the money.
Thanks.
1. He has the right to keep the money (he won the lottery prize legitimately).
2. He gets sent to jail or faces some other legal consequences for violating the terms of his parole.
I don't see how the terms of his parole have anything to do with what happened subsequently as a result of his violation of those terms (since there was nothing inherently illegal about winning the lottery in and of itself).
With that kind of money at stake, it would be profitable to keep him in the system for the next twenty years and that is most likely their intention. He will not be allowed to keep the money. They will keep locking him up to shut him up. Common sense goes out the window when “gold fever” strikes and our justice system is not exempt.
I’m sure the guy has “gambled” 100 times since he has been on parole. I’ll even bet that his parole officer knows about it....and considered it “no big deal”. We’ll see!!
That kind of limits his choice of grocery stores and convenience stores, huh?
I think its BS to nuke the guy because he bought a lotto ticket.
The STATES push lottery ticket sales in ever state I’ve been in, and make it appear “so cool to do, you might win”. I’d tell them to shove it, give me my money and STFU.
Generally being on parole means he did his time, took his punishment and just has to keep his nose clean and not rob banks (or other criminal acts). Buying a lotto ticket is NOT a criminal act, by any reasonable standard anyone can set.
If the guy originally went to jail for illegal gambling or say, embezzling funds from gambling winnings, or being in debt up to his eyeballs, that would be a different story.
The STATE pushes lotto. They state needs to pay out. Period.
1. He has the right to keep the money (he won the lottery prize legitimately).
2. He gets sent to jail or faces some other legal consequences for violating the terms of his parole.
I don't see how the terms of his parole have anything to do with what happened subsequently as a result of his violation of those terms (since there was nothing inherently illegal about winning the lottery in and of itself).
Ding Ding Ding. We have the winner. Unless the terms of his parole say that he must surrender any winnings or the rules of the lottery state that persons restricted from legally playing the lottery are ineligible then the money is his and his punishment should be the same as it would have been had he not won.
What is obvious is our government in comprised of the more “Sophisticated Class”..... of thieves.
Be sure to steal the man’s winnings you sacks of Legalistic Crap.
W
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