After deliberating only 35 minutes Thursday, a Houston County jury awarded ownership of a $750,000 lottery ticket to an illegal alien who claimed he was taken advantage of by the man he had worked for as a day laborer.
Jose Antonio "Tony" Cua-Toc, 27, a native of Guatemala who entered the country illegally in 2000, had filed a lawsuit against Erick Cervantes, a Fort Valley business owner who claimed the winning Jingle Jumbo Bucks lottery ticket from Georgia lottery officials.
(See Illegal alien faces deportation after threatening his boss over lottery prize, Lottery Post, Aug. 24, 2011.)
Cua-Toc's winnings after taxes total $517,500, according to his attorneys. A jury also awarded him $207,000 in attorney's fees, as well as $25,000 in punitive damages.
Cua-Toc purchased the winning ticket Nov. 17, 2010, from the OM Food Mart at 700 Feagin Mill Road in Warner Robins. But because Cua-Toc was undocumented, Erick Cervantes claimed the winnings on Cua-Toc's behalf but then kept the money. Cervantes had claimed he was the rightful owner of the ticket, having given Cua-Toc $20 to purchase the ticket for him.
Juror Shannon Milanek, a 41-year-old nurse from Warner Robins, said the jury's verdict came down to surveillance video from the store where the ticket was purchased. The video shows a smiling Cua-Toc raising his hands in the air after the winning ticket is validated by the store owner.
During closing arguments, Charles R. Adams III, of Fort Valley, one of Cua-Toc's attorneys, had played the video again for jurors. The video also shows Cua-Toc hugging and kissing his girlfriend. He also sends photos of the winning ticket to his friends from his cell phone.
Adams asked jurors while the video played, "Is this the reaction of somebody who bought a ticket for someone else and is going to have to give it to his boss tomorrow?"
The jury did not have any law to go on regarding whether the ticket belonged to the person who purchased it or the person who provided the money to purchase it, Milanek said. Ultimately, jurors decided that the ticket was Cua-Toc's because he made the purchase, Milanek said.
Kelly Burke, one of the Warner Robins attorneys representing Cervantes, had argued that the civil case heard in Houston County Superior Court was about "Mr. Cua-Toc's desperate grab to get a hold of some money."
Adams expressed gratitude for the jury's verdict.
"Only in America can this sort of justice be done," Adams said.
Punitive damages
After the verdict, the court recessed for lunch and then returned for the same jury to hear arguments during a separate hearing on the amount to award in punitive damages.
Jeff Lasseter, the other attorney representing Cervantes, sought "compassion" from jurors — noting testimony during the trial that Cervantes was a generous man and had three children. Lasseter pleaded with jurors not to pile on punitive damages — noting the verdict was punishment enough and asking jurors to award only $1 in damages.
But Adams asked jurors to send "a definite, sharp message and a lasting reminder not only to Erick Cervantes but to all the Erick Cervanteses everywhere."
He argued Erick Cervantes and then-wife Sonia Cervantes were living the American dream and spending the lottery ticket winnings while Cua-Toc sat in jail on a falsified terroristic charge. Cua-Toc, who testified during the four-day trial through court interpreter Nancy A. King, denied threatening the Cervantes family.
Adams, who did not ask the jury for a specific amount to be awarded, did detail about $223,000 in lottery revenues that had been spent by Erick and Sonia Cervantes — including a $41,489 house payment, $47,000 in legal fees to attorneys, a $24,923 van payment, a $43,000 payment to the IRS, a $10,000 gift to the parents of Sonia Cervantes, a $10,000 loan to a friend and other gift amounts to relatives and friends.
Adams told jurors about $300,000 remains of the lottery funds that were frozen by the court Dec. 31, 2010, after the filing of the lawsuit by Cua-Toc against Erick and Sonia Cervantes. Sonia Cervantes was dismissed from the lawsuit during the trial by mutual agreement of attorneys, Burke said.
The aftermath
After the court proceedings, Burke expressed disappointment with the verdict but respect for the jury and the jury system.
He said grounds for appeal are being explored. But Burke also said he has already reached out to Adams about a settlement amount.
Adams said it would be inappropriate to talk about a settlement. Another court hearing is expected to be scheduled on the amount of lottery funds that should be awarded based on Cua-Toc's attorneys' estimate of $517,500 after federal taxes compared with the estimate of $460,000 that also includes the deduction of state taxes as estimated by attorneys for Cervantes.
In instructions to jurors for deliberations, Judge George F. Nunn stated that Georgia law does not prohibit the sale of a lottery ticket to a foreign national over the age of 18. Testimony during the trial indicated that Cua-Toc believed he did not have the proper documentation to receive the ticket proceeds on his own.
Cua-Toc, who had been living in Fort Valley after an Atlanta immigration attorney won him the right in September to stay in the country for the civil case, is currently serving 44 days in the Houston County jail on a Jan. 31 drunken driving conviction.
A U.S. Immigration and Customs Enforcement hold was placed against Cua-Toc Jan. 31. Generally, ICE holds are not activated until after adjudication of a local criminal case, which includes sentencing, according to ICE spokesman Vincent Picard.
Cua-Toc was initially jailed Nov. 27, 2010, in Houston County on a terroristic threats charge for allegedly threatening Cervantes and his family. District Attorney George Hartwig previously has stated he does not expect to proceed with the case if Cua-Toc returns to Guatemala. But if Cua-Toc were to remain in the country, Hartwig said, "It's certainly still on the table. The charges are still pending."
Hartwig could not be reached immediately late Thursday afternoon for additional comment in light of the jury's verdict.
WTG to the lucky winner!!
Shame on Cervantes.....
Glad to see Jose Antonio get his winnings.....
Justice for Cua-Toc! Cervantes needs to be paying back for the remainder of his life for this despicable act. If he tries appealing, he is an idiot!
I REMEMBER this story!!!!
Way to go for the rightful winner
See how greed can destroy people's lives. Cervantes and his wife would have remained married if they hadn't stolen the ticket
.
Lesson to all, buy your own tickets! Sign 'em and place them in a reasonably safe place.
Give him his money and then kick him out of the country.He can then re-enter legally if he so desires.
Give him the money and send him back to Guatemala!
Is here illegally, and sitting in jail for drunk driving . Deport him.
Investigate Cervantes to see how many illegals work from him, deport them all
slap big fine on Cervantes for each occurrence.
Use part of the lottery money to pay the tax payers back for police, courts, jails.
This is the kind of stuff that happens and will continue to happen as long as people are allowed to profit by breaking our laws.
There should be no rewards or benefit of any kind for people who are here illegally.
Criminal activity is only encouraged when you reward it.
I believe any ticket buyer from anywhere in the world should be eligible to win prizes as long as they're here legally.
I don't get it. They put up a billion dollar fence to stop illegals, but they can play the lotto, win and pay taxes. Most of my spanish co-workers can't even sit on a jury. I agree, the win should be voided and the loophole fixed.
You people are such hypocrites. You hate illegal aliens until they are building your houses for cheap, doing your landscaping and housework for cheap etc etc.
He paid his money for the ticket and he won fair and square, deal with it, and now he has probably paid more taxes than you all have in your lives making him a better citizen than most of you for the country. BTW all you need is to invest $500,000 in this country and you get residency, so he is good.
Also, we can go to Canada or Europe and play the lottery when we are there and win and we get to keep the money too even if you are just visiting. Changing laws can work both ways buddy.
You ask me, Neither of them should get the money. HE IS AN ILLEGAL ALIEN, HOW IN HELL IS HE ALLOWED TO WIN THE LOTTERY ?!!!! And his boss is a <snip> too. #1 for hiring an illegal in the first place and #2 for pulling that stunt he pulled.
What should be done:
1-kick his illegal arse back to his country
2-strip his boss of any licenses he carries
3-donate the money to a worthwile charity.
Bigheadnick, Good answers all.
Somewhere in history, illegal immigrants were enslaved in america,making plantation Owners Rich...and it was entirely LEGAL. Just because its legal or illegal , this was a CASE of Morality and honesty. The Gent who ran off with the monies is immoral and attempted to scam the true claimant.
Another story...in Germany time...some particular secular folks were encamped becuase a ruler decided they were "illegal"/"substandard"....Sorta the same attitude exhibited by some of the less then open minded persons in comments here.
Will agree that #2 and #3 are worthy in thought yet impractical for other reasons...would you like it if ANYONE told you HOW to spend YOUR winnings????
To answer the question of how he can collect...read the lottery claim rules...He is over 18, able to gamble and won. I dont care where he was born...its imaginary lines and dirt anyways....that divides humanity...the rest we let our minds divide us...
Do you people know why the lottery commissions are not about to deny illegal immigrants the big prizes if they happen to win? because they know as soon as the word goes out that illegal immigrants cannot collect, the lotteries will lose more than the illegals. For every illegal immigrant that wins $1,000,000 the lotteries probably make ten times that much from the same demographic. Unless the politicians fix the immigration issue, businesses are not about to turn away from a ready market.
Anyways, I am so glad that the small guy was given what was legally his. Now they should force him to leave the country after paying all the taxes he has not been paying.
Every race on this planet has been subject to slavery at on time or another. That argument holds no weight. So we are supposed to let everyone in the world in that wants to come? Do you think this country able to support everyone in the world ? What because 200 years ago slavery was rampant in America?At what point do we draw the line and say enough is enough ?
I am now less than open minded because I believe in national integrity and security. Those "imaginary lines and dirt" are what keeps us safe. They are what make us American citizens and you should be thankful they're there.
Appears that this illegal alien, Cua-Toc, who also recently received a conviction, is still good at hiring lawyers and having American citizens pay for them, and also paying himself several thousand dollars for emotions.
I say: 1) Award Cua-Toc the lottery jackpot win money, since that is lottery rules; 2) Be sure that at least 30% of lottery jackpot win was collected in year 2010 by our Federal Government through income taxes [a shame that the fed collects lower rate than 35%, and the state and county doesn't collect for income tax for illegal alien's income winnings with the loophole]; 3) Deport this illegal alien [Cua-Toc] since he collected a CONVICTION in this country; 4) Deeply fine Cervantes AND deport all of Cervantes illegal alien employees; and 5) Monitor Cervantes, often, in future business dealings to ensure that he doesn't repeat wrong doings.
No one forced him to come to the U.S. Now he can afford to become a legal U.S. citizen.
How does him paying more taxes make him a better citizen than anyone else? By that logic Bill Gates, Steve Jobs, Mitt Romney, Warren Buffet, and the Koch Brothers are all waaaaay better citizens than I am.
Some of the best citizens are serving voluntarily in the military.
Also, we can go to Canada or Europe and play the lottery when we are there and win and we get to keep the money too even if you are just visiting. Changing laws can work both ways buddy.
You have to have a passport to visit Canada or Europe so this arguement doesn't hold water for a person in this country illegally.
You understand that this man broke laws to get into this country, right? And is still breaking laws just by being here.
I'm sure he is a hard working and very nice guy, but so was Ted Bundy. If he wants to live here and contribute to the vast melting pot that is the U.S.A., do it the right way.
"Also, we can go to Canada or Europe and play the lottery when we are there and win and we get to keep the money too even if you are just visiting."
http://www.euro-millions.com/euromillions-faqs.asp#a5
5. Can I play Euromillions in the UK if I am not a UK resident? The official rules for Euromillions state that in order to play the UK Euromillions a player must be located in the United Kingdom or Isle of Man and also be a permanent resident of the UK.
Your mileage may vary. Canada, sure. Retailer-paid small prizes in the UK, sure.
Win a UK jackpot and watch them enforce the rules to the letter.
N.S., I have to agree with you on this one completely..Good posting....While he did buy the ticket by exchanging the money properly, his illegal entry doesn't give him access to all of our privileges. Lets just make him pay for all taxes, his expenses,legal fees and plane ticket then escort him onto whatever airlines takes him out of our borders. .
I was wondering what ever happen to this story I'm so glad CuaToc got his money his boss was greedy and trying to take advantage of the fact that he was illegal and did not have his papers.
although the boss claims he gave the guy $20 to buy the ticket, did he also tell him to scratch it and play it?
dunno about you , but when i get a scratcher i want it un playeed. who would buy someone a scratcher for someone, and then play it before handing it over?
"...trying to take advantage of the fact that he was illegal..."
Taking advantage of him? How about him taking advantage of us by being here illegally? Is that ok?
Let's call it a learning experience.
Here's what illegal aliens should learn: Don't friggin' come here illegally and no one will take friggin' advantage of you!
But no, now he gets to go back home with all the money Americans put into that lottery game and tell everybody how he struck it rich in America by breaking our laws and sneaking into the country.
Great system.
I agree. That is a 2 way street.
"You people are such hypocrites."
And you are such an idiot.
"You hate illegal aliens..."
No we don't, we just think they should have to obey the law too.
"...building your houses for cheap, doing your landscaping and housework for cheap etc etc."
No they don't and they never will, I do all my own work or have Americans do it.
"He paid his money for the ticket..."
No he didn't, he paid money he got from a job he illegally stole from an American.
"...he won fair and square..."
No he didn't, he broke the law. What part of illegal don't you understand? There are a lot of people waiting in line to get in this country, doing it legally, who would have liked to have bought that ticket. He jumped the line and broke the law. He wouldn't have had that ticket if he hadn't broken the law.
"...now he has probably paid more taxes than you all have in your lives..."
Those taxes were confiscated from him before he could get away with stealing the money. They would have been confiscated no matter who won that prize. You act like this criminal would have all of a sudden gone straight and paid those taxes willingly if he didn't have too. Get real.
"Also, we can go to Canada or Europe and play the lottery when we are there and win and we get to keep the money too even if you are just visiting."
You really don't know the difference between legally visiting a country and illegally sneaking into a country and illegally working and illegally living there?
You're dumber than I thought.
Hypocrites ? Lets take a look at that word shall we ???? A person who puts in a false appearance of virtue or religion. A person who acts in contradiction to his or her stated beliefs or feelings.
Looks like a moral majority believes that a criminal act should be punished and being an illegal alien & undocumented worker is 2 violations of Federal law. Period.
Hate illegal aliens ??? Hate now equals not wanting illegal aliens committing crimes inside the boundaries of the United States which includes illegally working without being given permission to do so. HMMMM ??? Interesting theory you have VenomV12. At what point does crime start being enforced ??? misdemeanors, Felonies, ..I know, MURDER or Terrorism ????.....Last I knew 2 WRONGS do not equal being right....I do NOT want my house built cheap, I want it done legally and correctly which includes by building codes,wages and by rules/laws of the area it is being constructed
Heres another little ta dooo you may have forgotten ," But because Cua-Toc was undocumented, Erick Cervantes claimed the winnings on Cua-Toc's behalf but then kept the money. "
Interesting, I wonder why he would have his boss claim this ticket on his behalf ??? MAYBE....JUST MAYBE because he KNEW he was committing crimes for being here and he wasn't sure about being able to collect it ???? Could beeeee, but I could be wrong.
Does he have a legal right to collect ??? He might be legally OK on that one. I am not a judge or jury and have no knowledge on this unique scenario... Does his winnings/earnings fall under under the same rules of contraband confiscation ?? I do not know, but as much as the government needs money ?? Only time will tell.
Last I knew, under my 17 yrs of law enforcement on the state and federal level, there is no way to purchase citizenship. It does NOT exempt aliens from background checks or skipping through the system. It's not Monopoly. There are no get out of jail free cards or continue past "GO" to collect $200.00, to stay in the U.S.A
I can go to Canada or Europe because I have a passport and am not wanted for committing crimes in any of those countries, nor do I have a DUI/OUI conviction which denies you access to Canada.
Hope you have a good weekend and win a jackpot !!!
I'm torn.
He was indeed in the country illegally. There may not be a law prohibiting illegal aliens from playing or winning the lottery, so from that perspective the money is his, free and clear. But since his very presence in the country means he's breaking the law, technically these are ill-gotten monies, acquired during the commission of a crime.
However, this does not excuse the boss from taking advantage of him, not one bit. The boss had absolutely no right to that money. He's a scammer, plain and simple, and he was rightfully caught stealing money and brought to justice.
In the end, I agree with most people in this thread: Give Cua-Toc his money less taxes and show him the door.
Let's be real. The guy broke US laws (by being here illegally) but did not break the Lottery Laws (which allow him to play regardless of his immigration status). He followed the lottery laws and won big. He deserves every penny of it.
Suppose the guy was perfectly American but also a, yet to be caught and jailed, drug dealer or murderer. Does such an American criminal deserve a lottery win?
Bottom line is that the illegal alien's crime is willfully working like a dog for measly pay to build the nation... while the American drug dealer/ murderer crime is killing and selling drugs that harm and destroy the nation.
Both are criminals. If you deny the illegal alien, you must also deny the US drug dealer.
Now, how many of you have criminal records, involve in crime or know someone who does? Even drunk driving is crime.