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 just goes to prove that bank robbers just aren't very smart!
I watched a show on tv about bank robbers once and they said that 85% of all bank robbers get caught. So if you aint part of the 15% that didnt get caught your gonna get busted.
So take "robbing banks" off your career choice list I'd say!
Career choices
1. doctor
2. lawyer
3. Deli owner
4. robbing banks
Why didn't he just have someone else collect the money for him, o yeah I already answered that one cause he's dumb!
Im curious to see what happens to this guy... Im wondering if probation dept is going to let him have his prize... I wouldnt be the least bit suprised if they take it from him..because he wasnt suppost to be gambling in the first place... If i were him...i would have my brother cash in the winning card...now he could be headed back to jail.. with no defense but guilty as charged...i guess the lottery payed off better than bank robbery...this guy dont have much luck at all if you think about it...
When this hit the wire, I had an immediate impression related to mental illness, which the media reports elude to. They do not give the detail on whether this gentleman has a DPOA, guardian, court-appointed advocate, etc. The obvious issue here is as already pointed out - clearly court-order prohibited from gambling, so he gambles and goes on to cash a big winning ticket. I think the issue may be a little more complicated than face value. If he is functioning in the population but mentally ill or challenged in some manner, someone somewhere will argue he was not capable of understanding the probation terms and/or controlling his impulse to gamble. He clearly violated his probation but if he was, in fact, not able to comply in the first place with the terms of probation, he would not be responsible for subsequent actions and a good attorney will use the poor judgement of presenting his winning ticket himself in his defense. The issues are also more than just losing the winning ticket. VOP will put him back in the system. The other issue is that he may not meet the Lottery definition of a person prohibited from purchasing lottery ticket (underage, etc.) because the prohibition stems from court-ordered terms. Many times challenged individuals (including brain-injured) understand the concept of money and even how the lottery works - buy a ticket and get money back - but are not able to comprehend the finer points of how/why/where that money is generated or its tax implications, etc. It will be interesting to see where this goes. This amount of money may spur a good attorney somewhere to get involved (assuming he does not have means already) to see where this will go.
I'm never in favor of probation terms that have nothing to do with the "crime" committed. It's just a way of controlling people beyond their initial "punishment".
He is more likely to cause fewer problems with a $50,000 income a year than nothing. But of course the fewer people under the "care" of the mental hospitals(sic) or the prison systems would necessitate fewer of those systems and "jobs" they create.
I'm going to guess that he will end up losing the money. Whether or not anyone thinks he should have had the no gambling terms written in his probation, he still broke his probation. I agree with the poster above that he probably should have had a family member of friend cash his winnings if he was going to play at all.
When this hit the wire, I had an immediate impression related to mental illness, which the media reports elude to. They do not give the detail on whether this gentleman has a DPOA, guardian, court-appointed advocate, etc. The obvious issue here is as already pointed out - clearly court-order prohibited from gambling, so he gambles and goes on to cash a big winning ticket. I think the issue may be a little more complicated than face value. If he is functioning in the population but mentally ill or challenged in some manner, someone somewhere will argue he was not capable of understanding the probation terms and/or controlling his impulse to gamble. He clearly violated his probation but if he was, in fact, not able to comply in the first place with the terms of probation, he would not be responsible for subsequent actions and a good attorney will use the poor judgement of presenting his winning ticket himself in his defense. The issues are also more than just losing the winning ticket. VOP will put him back in the system. The other issue is that he may not meet the Lottery definition of a person prohibited from purchasing lottery ticket (underage, etc.) because the prohibition stems from court-ordered terms. Many times challenged individuals (including brain-injured) understand the concept of money and even how the lottery works - buy a ticket and get money back - but are not able to comprehend the finer points of how/why/where that money is generated or its tax implications, etc. It will be interesting to see where this goes. This amount of money may spur a good attorney somewhere to get involved (assuming he does not have means already) to see where this will go.
At first I thought they might take the winnings but after reading this I think he may have a chance at keeping the winnings. if I was a lawyer I would probably take this take his case.
Quote: Originally posted by time*treat on Nov 29, 2007
I'm never in favor of probation terms that have nothing to do with the "crime" committed. It's just a way of controlling people beyond their initial "punishment".
He is more likely to cause fewer problems with a $50,000 income a year than nothing. But of course the fewer people under the "care" of the mental hospitals(sic) or the prison systems would necessitate fewer of those systems and "jobs" they create.
It may be he robbed the bank to pay off gambling debts.
Time Treat make a really good point. Whatever crimes the guy has committed, taking away 50 grand a year in legitimate income isn't going to do much to reduce his interest in committing more crimes.
My guess is that after talking with his lawyer he'll remember that the lottery ticket was given to him as a gift. That would mean he didn't violate his probation, and gets to keep the winnings. Too bad there's nothing inthe article about when he alledgedly bought the ticket. My guess would be that the store doesn't keep security tapes for very long, but he may have cashed the ticket in too much of a hurry.
This just goes to prove that bank robbers just aren't very smart!
I watched a show on tv about bank robbers once and they said that 85% of all bank robbers get caught. So if you aint part of the 15% that didnt get caught your gonna get busted.
So take "robbing banks" off your career choice list I'd say!
Career choices
1. doctor
2. lawyer
3. Deli owner
4. robbing banks
Why didn't he just have someone else collect the money for him, o yeah I already answered that one cause he's dumb!
should have been a Santa Claus!!
Im curious to see what happens to this guy... Im wondering if probation dept is going to let him have his prize... I wouldnt be the least bit suprised if they take it from him..because he wasnt suppost to be gambling in the first place... If i were him...i would have my brother cash in the winning card...now he could be headed back to jail.. with no defense but guilty as charged...i guess the lottery payed off better than bank robbery...this guy dont have much luck at all if you think about it...
He rob the bank and the court rob him. Even Steven !
Great comments!
He obviously didn't read his probation "fine print" about what you're not permitted to do.
Bet the state will confiscate it as restitution, or under the statute of money seized during the commission of a crime.
When this hit the wire, I had an immediate impression related to mental illness, which the media reports elude to. They do not give the detail on whether this gentleman has a DPOA, guardian, court-appointed advocate, etc. The obvious issue here is as already pointed out - clearly court-order prohibited from gambling, so he gambles and goes on to cash a big winning ticket. I think the issue may be a little more complicated than face value. If he is functioning in the population but mentally ill or challenged in some manner, someone somewhere will argue he was not capable of understanding the probation terms and/or controlling his impulse to gamble. He clearly violated his probation but if he was, in fact, not able to comply in the first place with the terms of probation, he would not be responsible for subsequent actions and a good attorney will use the poor judgement of presenting his winning ticket himself in his defense. The issues are also more than just losing the winning ticket. VOP will put him back in the system. The other issue is that he may not meet the Lottery definition of a person prohibited from purchasing lottery ticket (underage, etc.) because the prohibition stems from court-ordered terms. Many times challenged individuals (including brain-injured) understand the concept of money and even how the lottery works - buy a ticket and get money back - but are not able to comprehend the finer points of how/why/where that money is generated or its tax implications, etc. It will be interesting to see where this goes. This amount of money may spur a good attorney somewhere to get involved (assuming he does not have means already) to see where this will go.
I'm never in favor of probation terms that have nothing to do with the "crime" committed. It's just a way of controlling people beyond their initial "punishment".
He is more likely to cause fewer problems with a $50,000 income a year than nothing. But of course the fewer people under the "care" of the mental hospitals(sic) or the prison systems would necessitate fewer of those systems and "jobs" they create.
I'm going to guess that he will end up losing the money. Whether or not anyone thinks he should have had the no gambling terms written in his probation, he still broke his probation. I agree with the poster above that he probably should have had a family member of friend cash his winnings if he was going to play at all.
At first I thought they might take the winnings but after reading this I think he may have a chance at keeping the winnings. if I was a lawyer I would probably take this take his case.
It may be he robbed the bank to pay off gambling debts.
And robbers are what..... shmart?
I think he may have a good defense that it is "cruel and unusual punishment" to forbid someone to play the Lottery.
And robbers are what..... shmart?
He should have kept his mouth shut! I heard some jealous a-hole ratted him out to the probation officer...
SnitchesTime Treat make a really good point. Whatever crimes the guy has committed, taking away 50 grand a year in legitimate income isn't going to do much to reduce his interest in committing more crimes.
My guess is that after talking with his lawyer he'll remember that the lottery ticket was given to him as a gift. That would mean he didn't violate his probation, and gets to keep the winnings. Too bad there's nothing inthe article about when he alledgedly bought the ticket. My guess would be that the store doesn't keep security tapes for very long, but he may have cashed the ticket in too much of a hurry.