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Plea deal settles N.Y. lottery ticket trial; immigrant will get $2.5M

New York LotteryNew York Lottery: Plea deal settles N.Y. lottery ticket trial; immigrant will get $2.5M
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NEW CITY, N.Y. — A plea agreement Friday in Rockland County Court has ended the case involving a Spring Valley, New York, immigrant's $3 million lottery ticket and three men accused of trying to steal a portion of it.

Elfido DeLaRoca will get about $2.5 million before taxes over the next 15 years, while the three men will avoid jail on a theft charge. One of the men will get $300,000 from the winnings.

DeLaRoca, 45, a Guatemalan national living with his fiancee and daughter, bought the $10 scratch-off ticket in Riaz Khan's Hickory Street convenience store in Spring Valley on Feb. 3, 2011. Atif Ali sold him the ticket. Mubeen Ashraf also works at the store.

DeLaRoca testified during a four-week trial last fall that the three men played on his fear of being deported and leaving his baby daughter behind and coerced him to sign over the lottery ticket ownership to Ali.

He told the jury they also had him sign documents, which included an agreement to split the winnings, in English when he didn't read or speak the language fluently.

During the first trial, defense lawyers argued DeLaRoca was told by state Lottery officials and others that he wouldn't be reported to immigration for living in the country illegally and that he could co-sign the winning ticket with Ali.

The defense lawyers also argued DeLaRoca brought the criminal charges to get out of an agreement to share 50 percent of the winnings if the men helped him. DeLaRoca testified he agreed to share 10 percent.

Under the deal, Ali pleaded guilty to a misdemeanor petty larceny charge for withholding money from DeLaRoca between February and June 2011.

County Judge William Nelson sentenced Ali to time served, the three months he spent in the county jail.

Ali had established a bank account into which nearly $500,000 in winnings was deposited from a company that advanced him money on the winning ticket.

Ali also gets $300,000 from DeLaRoca's winnings.

The grand larceny charges against Khan and Ashraf were dismissed.

The agreement means the three men will not be retried.

Their first trial ended with a mistrial in October when a 12-member jury could not reach a unanimous decision on charges that the defendants tried to cheat DeLaRoca.

Prosecutor Anthony Dellicarri told Nelson on Friday that DeLaRoca agreed to the plea deal, as well as a civil agreement dividing the money that Supreme Court Justice William Kelly signed Feb. 8.

"Only upon Mr. DeLaRoca's agreement with the arrangement was the offer made to Mr. Ali," Dellicarri said.

John Finnegan, the attorney for Ashraf, said: "We are very pleased by the District Attorney's Office decision. We think it was a courageous act. Mr. Ashraf is glad this is over."

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24 comments. Last comment 1 year ago by jamella724.
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dallascowboyfan's avatar - tiana the-princess-and-the-frog.jpg
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Posted: February 16, 2013, 9:20 am - IP Logged

Glad Mr. DeLaRoca got some of his money. As for the <snip>s all three should be in jail.

This post has been automatically changed by the Lottery Post computer system to remove inappropriate content and/or spam.

Win BIG everyone....White Bounce

I Love Pink & Green 1908


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    Posted: February 16, 2013, 9:33 am - IP Logged

    What a mixed up mess. All caused by someone who is in the country illegally.

      rdgrnr's avatar - walt
      -Ridge Runner- Oracle of the Appalachians
      Way back up in them dadgum hills, son!
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      Posted: February 16, 2013, 11:26 am - IP Logged

      It's gettin' to the point that you can't trust anybody nowadays.

      And that's a shame.

        noise-gate's avatar - images q=tbn:ANd9GcR91HDs4UJhjxO7cmeMQWZ5lB_FOcMLOGicau4V74R45tDgPWrr
        Bay Area/ California
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        Posted: February 16, 2013, 12:50 pm - IP Logged

        Aah rdgrnr- dont say that, you have one of the most trustworthy faces in this forum. It would be a darn shame if you were right..

        * Even a blind squirrel finds an acorn ever so now and then.Coffee

          rdgrnr's avatar - walt
          -Ridge Runner- Oracle of the Appalachians
          Way back up in them dadgum hills, son!
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          Posted: February 16, 2013, 6:05 pm - IP Logged

          Aah rdgrnr- dont say that, you have one of the most trustworthy faces in this forum. It would be a darn shame if you were right..

          * Even a blind squirrel finds an acorn ever so now and then.Coffee

          Blind squirrels wind up in a greezy skillet 'round here.

            rdgrnr's avatar - walt
            -Ridge Runner- Oracle of the Appalachians
            Way back up in them dadgum hills, son!
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            Posted: February 16, 2013, 6:08 pm - IP Logged

            I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

              dallascowboyfan's avatar - tiana the-princess-and-the-frog.jpg
              Oklahoma
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              Posted: February 16, 2013, 6:44 pm - IP Logged

              Blind squirrels wind up in a greezy skillet 'round here.

              Lol you so crazy...Green laugh

              Win BIG everyone....White Bounce

              I Love Pink & Green 1908

                dallascowboyfan's avatar - tiana the-princess-and-the-frog.jpg
                Oklahoma
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                Posted: February 16, 2013, 6:47 pm - IP Logged

                I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

                I Agree!I didn't get that part eitherWhat?

                Win BIG everyone....White Bounce

                I Love Pink & Green 1908

                  savagegoose's avatar - ProfilePho
                  adelaide sa
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                  April 11, 2006
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                  Posted: February 16, 2013, 7:26 pm - IP Logged

                  I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

                  he's starting a career in politics after he gets out.

                    "  I WON THE LOTTO , SUBMIT YOUR BEGGING  REQUESTS HERE " 1900 BEG4BUKZ

                  2014 winnings

                  JAN -$48.50;  FEB  -$77.5; MAR -$18.05;

                   

                  <div_prefs id="div_prefs">

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                    Los Angeles, CA
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                    Posted: February 17, 2013, 12:12 am - IP Logged

                    Why was he so afraid of being deported? He and his baby and girlfriend could have a good life with 2.5 million dollars over there couldn't they?

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                      Posted: February 17, 2013, 12:32 am - IP Logged

                      I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

                      Yeah, I have been trying to figure that one out too. That makes no sense.

                        rdgrnr's avatar - walt
                        -Ridge Runner- Oracle of the Appalachians
                        Way back up in them dadgum hills, son!
                        United States
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                        Posted: February 17, 2013, 2:04 am - IP Logged

                        Why was he so afraid of being deported? He and his baby and girlfriend could have a good life with 2.5 million dollars over there couldn't they?

                        Guatemala has a very high murder and violent crime rate as does Mexico and Central America and most of South America. It can be especially dangerous if the bad guys find out you have a lot of money.

                        It's much, much safer here in the United States.

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                          New Member
                          oregon
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                          Posted: February 17, 2013, 2:21 am - IP Logged

                          gratz to the winner and his lucky fortune... only in America!


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                            Posted: February 17, 2013, 9:46 am - IP Logged

                            I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

                            I Agree! Must have been part of his plea bargain?