Opening statements in $3M NY lottery ticket trial

Sep 20, 2012, 10:12 am (36 comments)

New York Lottery

A Rockland prosecutor today told a jury that an illegal immigrant's $3 million lottery dream was foiled by three conspiring men, while their lawyers contended the Spring Valley man created a nightmare for their clients with falsehoods to back out of contracts to share the winnings.

The jury listened to opening statements at the start of a trial for Hickory Street store clerk Atif Ali, 28, of Spring Valley, store owner Riaz Khan, 45, and Mubeen Ashraf, 23, both of Monroe.

They are charged with first-degree grand larceny, accused of cheating Elfido DeLaRoca out of winnings from a $10 scratch-off lottery ticket bought at a store on Hickory Street in Spring Valley.

Prosecutor Anthony Dellicarri told the jurors the three men preyed on DeLaRoca's fear of being deported and separated from his 2-year-old daughter.

The three men saw a chance to get rich off of DeLaRoca's good fortune from a $10 scratch-off ticket on Feb. 3, 2011, after a 16-hour work day of shoveling snow and chipping ice, Dellicarri said.

"These three men stole Elfido DeLaRoca's dream," Dellicarri said, referring to the New York State Lottery advertising campaign of "a dollar and a dream."

Dellicarri said the winnings were the Guatemalan man's ticket to a better way of life for himself, his fiancee and daughter. The ticket brings $2.4 million after taxes.

"They tell him he can't cash the lottery ticket," Dellicarri said. "They told him they don't give money to people who are illegal. They are going to deport you."

DeLaRoca, 45, a barber by trade, agreed to give them 5 percent of the winnings after talking with Ali, who is accused of being the mastermind . They took Delaroca to the lottery office in Fishkill to sign the paperwork and Ali signed the ticket and became the beneficiary.

A couple of days later Ali opened an account at Provident Bank, where close to $500,000 from the winning ticket was later deposited, Dellicarri said.

Ali took a $150,000 first payment, since the winnings would be paid out at $150,00 a year for 20 years. The men then got four advance payments of $400,00 from a finance company on the lottery winnings and deposited the money.

Dellicarri said DeLaRoca never saw a cent of the money and retained a lawyer six months later after being put off by the three men before going to the police and District Attorney's Office.

Attorneys for the defendants told the jury DeLaRoca conned their clients to get the money, and after signing two contracts to share the winnings, he conjured up a story to back out of the deal.

For some reason, they said, DeLaRoca didn't want his name attached to publicity of winning so much money, possibly for fear of retribution of kidnapping of family members back on Guatemala.

The lawyers argued the proof will show that a lottery investigator repeatedly told DeLaRoca in Spanish that he would not be reported to immigration officials or deported.

Attorney John Finnegan, representing Ashraf, told the jury DeLaRoca was told he would get the money. The investigator tried to convince DeLaRoca to not make any agreements with the three men, he said.

They argued DeLaRoca has lived in the U.S. for 17 years and has had contact with the police previously and knew he wasn't getting deported, but may have needed help cashing the winning checks since he lacked a Social Security number and a bank account.

"The proof will show, Mr. Delaroca misled everyone, including the District Attorney's Office," lawyer Ben Ostrer said.

Ostrer said Khan wasn't even in the U.S. when the contract was signed and never received any money. He said the investigators ignored every potential lead that raised questions about DeLaRoca's claims.

Stuart Rosenwasser, representing Ali, accused prosecutors of abusing their authority in bringing the case. He said state lottery officials oversaw the transfer of the winning ticket to Ali.

The proof will show, Rosenwasser said, that "$10 and a dream for Mr. DeLaRoca became a nightmare for Mr. Ali," who didn't ask to get involved with the lottery ticket and DeLaRoca.

Journal News

Comments

RedStang's avatarRedStang

I hope those 3 get a firing squad or at least 10yrs.

Littleoldlady's avatarLittleoldlady

That is so sad.  SAD, sad, sad.  Some people are greedy and conniving and will do anything to seperate you from what is rightfully yours.

Ronnie316

As I said before, people who are noy allowed to vote should NOT be allowed lottery winnings.

And people who are not legal citizens should not be allowed to vote. (Dah)

Cletu$2's avatarCletu$2

The 3 men who stole the lottery winnings should be sent to prison.The illegal immigrant should receive his money before being deported.BUT HE SHOULD BE DEPORTED whether he gets the winnings or not!

Brcebrce

It's a federal crime for him to  breathe our air. No money he gets deported.

mcginnin56

Quote: Originally posted by Brcebrce on Sep 20, 2012

It's a federal crime for him to  breathe our air. No money he gets deported.

Despite being illegal, he is still entitled to the winnings.

Ronnie316

Quote: Originally posted by mcginnin56 on Sep 20, 2012

Despite being illegal, he is still entitled to the winnings.

If that's how you feel than all illegal aliens are entitled to anything they want too.

Illegal Muslim aliens are entitled to blow up building right??

Jill34786's avatarJill34786

Quote: Originally posted by mcginnin56 on Sep 20, 2012

Despite being illegal, he is still entitled to the winnings.

I Agree! The jackpot is his to do as he wishes. Hopefully this will pave the way for him to be a legal tax paying resident who can be a productive part of society. I would much rather see him spend his winnings here in the states instead of splurging elsewhere.

Nikoteen3

Ditto. Some of the previous comments are just ridiculous. You'd expect better from people from this country, but some of you seem more  like the thieves in the article.

mcginnin56

Quote: Originally posted by Ronnie316 on Sep 20, 2012

If that's how you feel than all illegal aliens are entitled to anything they want too.

Illegal Muslim aliens are entitled to blow up building right??

Wow! Those were some giant leaps in your assumptions. Why would you make such an inflammatory comment?

What has blowing up buildings have anything to do with with the right of anyone who plays the lottery, to legally claim a jackpot?

Ronnie316

Quote: Originally posted by mcginnin56 on Sep 20, 2012

Wow! Those were some giant leaps in your assumptions. Why would you make such an inflammatory comment?

What has blowing up buildings have anything to do with with the right of anyone who plays the lottery, to legally claim a jackpot?

LOL> I know people who believe just that.......  It is saying that we don't have the right to judge ANYONES actions........ 

Just sayin, illegals should not have a right to lottery winnings and niether should felons.

mcginnin56

Quote: Originally posted by Ronnie316 on Sep 20, 2012

LOL> I know people who believe just that.......  It is saying that we don't have the right to judge ANYONES actions........ 

Just sayin, illegals should not have a right to lottery winnings and niether should felons.

We all have the right to judge anyone, for anything, all day long. That's what makes this country great.

As it stands for now, the lotteries and the federal legal system allow illegal aliens that right.

Laws can be changed or amended. Maybe you should consider writing to your congressmen, and start a petition to overturn these laws.

Ronnie316

Quote: Originally posted by mcginnin56 on Sep 20, 2012

We all have the right to judge anyone, for anything, all day long. That's what makes this country great.

As it stands for now, the lotteries and the federal legal system allow illegal aliens that right.

Laws can be changed or amended. Maybe you should consider writing to your congressmen, and start a petition to overturn these laws.

They are also afforded the "right" to stand in front of home Depot and solicit work even though they are trespassing. (but why draw the line??)

Why should anyone need to obey any laws???

If a person who in here illegally can walk into a government building and collect winnings, than no one should have to obey ANY law that they dont feel like obeying including destuction of private property.

mcginnin56

Quote: Originally posted by Ronnie316 on Sep 20, 2012

They are also afforded the "right" to stand in front of home Depot and solicit work even though they are trespassing. (but why draw the line??)

Why should anyone need to obey any laws???

If a person who in here illegally can walk into a government building and collect winnings, than no one should have to obey ANY law that they dont feel like obeying including destuction of private property.

Bed

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