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Will robber get to keep lottery jackpot?

Will robber get to keep lottery jackpot?

Posted: 11/29/2007 6:23:18 AM

Massachusetts Lottery

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.

This photo released by the Massachusetts State Lottery shows Timothy B. Elliott in the Lottery's Braintree, Mass., office Monday, Nov. 26, 2007, after he won a $1 million prize playing the Lottery's $800,000,000 Spectacular. He's in trouble because he's also a convicted bank robber who isn't supposed to be gambling. The state probation commissioner's office has scheduled a hearing for December 7 to determine whether Elliott, 55, violated his probation when he bought the $10 ticket.

Source: AP

nanolike's avatar - pink2
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Posted: November 29, 2007, 7:09 am - IP Logged Bottom Top

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!

It's a NanoLike World!

NITEHAWK61's avatar - wings2
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Posted: November 29, 2007, 8:25 am - IP Logged Bottom Top

should have been a Santa Claus!!

Party

go4it-andwin's avatar - drevil
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Posted: November 29, 2007, 8:50 am - IP Logged Bottom Top

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...

with a prayer and 6 lucky numbers...im beach bound!

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Posted: November 29, 2007, 8:56 am - IP Logged Bottom Top

He rob the bank and the court rob him. Even Steven !

Todd's avatar - Cylon 2
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Posted: November 29, 2007, 9:48 am - IP Logged Bottom Top

Great comments!  Santa

Good luck!
–Todd

Sign the Megaplier Petition
Let all Mega Millions players multiply their prizes!

konane's avatar - wallace
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Posted: November 29, 2007, 10:04 am - IP Logged Bottom Top

He obviously didn't read his probation "fine print" about what you're not permitted to do. Unhappy  Stooges

Bet the state will confiscate it as restitution, or under the statute of money seized during the commission of a crime.   

     Be$$$$$t of luck to everyone!!!                         

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Posted: November 29, 2007, 10:30 am - IP Logged Bottom Top

   

    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. 

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Posted: November 29, 2007, 10:53 am - IP Logged Bottom Top

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.

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ThatScaryChick's avatar - myselfsimis1
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Posted: November 29, 2007, 11:36 am - IP Logged Bottom Top

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.