JUDGE: Florida sex offender allowed to spend $3M lottery winnings

Feb 15, 2015, 10:37 am (44 comments)

Florida Lottery

A convicted sex offender can spend his $3 million Florida lottery winnings any way he wants, over the protestations of two of his alleged victims, a judge ruled Friday.

Timothy Poole won the Florida Super Millions scratch-off lottery in December, taking home a lump sum of $2.2 million.  (See Florida Lottery winner outed as sexual predator, Lottery Post, Dec. 10, 2014.)

Two brothers are suing Poole for psychological damages after they say he abused them when they were 5 and 9 years old in 1996.

The unidentified brothers asked the court to freeze Poole's assets before their lawsuit goes to trial so the Mount Dora native would not spend all of his winnings.

Orange County Judge Margaret Schrieber denied their request Friday morning because there is no Florida law allowing her to freeze his assets, according to WFTV.

Lawyers for the plaintiffs are working with lawmakers to change that fact, attorney Mark NeJame said.

After speaking with NeJame, Florida Sen. Darren Soto plans to propose a bill next week that would freeze the assets of convicted sex offenders who win the lottery — allowing alleged victims a year to sue them for damages.

Jason Recksiedler, another lawyer for the plaintiffs, told the Orlando Sentinel that the brothers were not surprised by the judge's ruling.

The alleged victims are less concerned about getting money than about finally getting justice, he said.

"They're just thinking about trying to hold this sexual predator responsible," Recksiedler said.

Poole spent 13 months in jail for molesting a 9-year-old boy in 1999. He was later freed and placed on sex offender probation for 10 years after accepting a plea deal.

News story photo(Click to display full-size in gallery)

Lottery Post Staff

Comments

Romancandle's avatarRomancandle

Now that's the kind of advertising the FL lottery needs...

Bet they would have advised him to claim anonymously if they could...

Puts a whole new twist on how your winnings help the common school fund AND sexual predators 

Puke

SammyJoe10's avatarSammyJoe10

Disgusting. No wonder Florida is a haven for sex offenders--the laws are on their side!

zephbe's avatarzephbe

How can you prevent a child molester from purchasing lottery tickets?  They cannot be rehabilitated.  Some of them have used lottery winnings to entice new victims. 

RJOh's avatarRJOh

"The alleged victims are less concerned about getting money than about finally getting justice, he said."

If these alleged victims were so concerned about justice instead of money why didn't they sue before he won a lottery, it's the people who he was convicted of offending who should be suing.

SammyJoe10's avatarSammyJoe10

Quote: Originally posted by zephbe on Feb 15, 2015

How can you prevent a child molester from purchasing lottery tickets?  They cannot be rehabilitated.  Some of them have used lottery winnings to entice new victims. 

That's right--they can't be rehabilitated. Therefore, they should remain in prison for life. They can't buy lottery tickets from prison!

Shelby Mustang

Quote: Originally posted by Romancandle on Feb 15, 2015

Now that's the kind of advertising the FL lottery needs...

Bet they would have advised him to claim anonymously if they could...

Puts a whole new twist on how your winnings help the common school fund AND sexual predators 

Puke

Hey I think this is the very best advertising for the lottery...Anyone and I do mean anyone can win.  Everyone who wins isnt going to be poor with 5 kids and just recently unemployed with medical problems....sometimes its going to be someone not so perfect or that we do not like, but that is what keeps the lottery playable. Anyone including degenerates can win

Ron5995

The outrage is understandable, but holding a convicted sex offenders accountable for life seems a bad idea. More to the point, will there be a similar proposed law for convicted murderers?  Presumably not.

Already with lifetime sex offender registries and onerous restrictions, it seems logical for some sex offenders to ponder whether killing their victims is the better route; more upside than downside - sentences for murder, especially with a plea agreement, could easily be less, and no registries and other restrictions to deal with after serving sentence.

It's a tough dilemma - if sex offenders are going to be held accountable for life, then it seems to me the government should either imprison them for life / execute -or- alternatively, post-release, provide for their welfare in a remote area devoid of children on the government's dime.

As for this particular winner, in my view, their best option, keeping in mind this is a civil matter verses a criminal one, is move out of the U.S. (maybe even relinquish U.S. citizenship, though that's difficult and comes with many issues) while they still can, get a face-lift / change their name, and live on the down-low in another country.

An easier option, though less ideal due to the stigma of being a sex offender, is for him to put as much funds as legally permissible into retirement accounts - many jurisdictions exclude such accounts from judgements. And spend the rest and/or invest much in various assets that are difficult to attach / locate.

Going forward, if such laws pass in many jurisdictions, lotteries will be required to do criminal background checks, and maybe even credit checks too, on winners. A sizable proportion of lottery players have criminal records / outstanding judgements against them. Over the many years of playing the lottery, I've talked with some players who only play Pick-3, Pick-4, and low denomination instant games to stay under the radar; selling their winners for a fraction of their value for cash.

Romancandle's avatarRomancandle

I do see your point Shelby Mustang.

I also think this is a rare case where neither parties are benefiting from the publicity... kinda interesting actually as it usually is one sided.

The FL lottery just lined the pockets of a convicted pedophile.

And... those that played for that particular drawing helped whether they like it or not.

Most of us losers at least take some solace knowing our losses are going to a "supposedly" good cause.

I wouldn't characterize this case as the "very best of lottery advertising"...

VenomV12

NeJame is a monster lawyer, he spent his money well at least on a good attorney, bet that cost him a pretty penny. He should absolutely be allowed to spend his money, they had their whole lives to sue him and get a judgment, they should have done so, always assume that someone could come into money one day. Give them $100,000 a piece and send them on their way. Judging by the type of man he seems to be, karma will probably catch up to him one day anyway. If they think they are entitled to all the money he won, they are sadly mistaken and very delusional and downright greedy. 

Stack47

Quote: Originally posted by RJOh on Feb 15, 2015

"The alleged victims are less concerned about getting money than about finally getting justice, he said."

If these alleged victims were so concerned about justice instead of money why didn't they sue before he won a lottery, it's the people who he was convicted of offending who should be suing.

After speaking with NeJame, Florida Sen. Darren Soto plans to propose a bill next week that would freeze the assets of convicted sex offenders who win the lottery — allowing alleged victims a year to sue them for damages.

They could propose a bill to freeze the assets and all future earnings of any convicted felon based on any allegation or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner.

Tony Numbers's avatarTony Numbers

Remember the gardeners from long island NY they pooled their money for lotto, entrusted the supervisor with the tickets. They win, supervisor cashes then claims it was all his own.they sue , judge rules supervisor must share the wealth. Guess what money now gone all spent. Can't get blood from a stone.

RJOh's avatarRJOh

Quote: Originally posted by Stack47 on Feb 15, 2015

After speaking with NeJame, Florida Sen. Darren Soto plans to propose a bill next week that would freeze the assets of convicted sex offenders who win the lottery — allowing alleged victims a year to sue them for damages.

They could propose a bill to freeze the assets and all future earnings of any convicted felon based on any allegation or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner.

It's not uncommon for lottery winners to have all kinds of allegations made against them.  Jealous co workers, friends, ex-friends, relatives and neighbors who allege they promised to share if they ever won.  I can see checking to see if winners owe back taxes or child support but saying they all have to wait a year to give every Dick and Jane a chance to make allegations against them doesn't fly.

noise-gate

Quote: Originally posted by RJOh on Feb 15, 2015

"The alleged victims are less concerned about getting money than about finally getting justice, he said."

If these alleged victims were so concerned about justice instead of money why didn't they sue before he won a lottery, it's the people who he was convicted of offending who should be suing.

I Agree!.. l surmise that  *they ( victims & attorneys) figured out that if victims could go after Rogue pedophile Priests who were guilty of the same horrible acts decades ago- why not pedophile lottery winners today?

noise-gate

Quote: Originally posted by Stack47 on Feb 15, 2015

After speaking with NeJame, Florida Sen. Darren Soto plans to propose a bill next week that would freeze the assets of convicted sex offenders who win the lottery — allowing alleged victims a year to sue them for damages.

They could propose a bill to freeze the assets and all future earnings of any convicted felon based on any allegation or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner.

or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner." -  ***That's a slippery slope statement right there Stack. The court system will be backed up for years if that came to pass.

VenomV12

Quote: Originally posted by noise-gate on Feb 15, 2015

or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner." -  ***That's a slippery slope statement right there Stack. The court system will be backed up for years if that came to pass.

Exactly, this is the kind of slippery slope that corrupt politicians love to create. They propose these kinds of laws targeting people's emotions and then use it to expand on down the road. It will start off at targeting child molesters and then one day you will wake up and find it encompasses everyone. We have statutes of limitations in this country, they should have sued and gotten a judgment during that time period, if it passed then tough luck to them. Regardless, they are not entitled to all of his money either way. 

Drenick1's avatarDrenick1

The victims claim that it is not about the money but to get justice. I call b.s. As these guys have had almost 20 years to file suit. They saw money and that is the only reason they are even going after this creep. 

The molester already served his time and should be allowed to live his life, apparently he has been clean since his conviction so good for him but one more strike and he deserves to be lock away for a very long time.

The attorneys are most likely taking this case on a contingency basis and money is the only factor.

daveletsgo39

Why would you sue someone with no money? you would't this creep victimized these folks when they were but toddlers. Dam right they should sue . If I were a juror I give them every last dime that wack job won. And if he spent it well then he best be having garage sales. Or put the S.O. B. in the big house.

Romancandle's avatarRomancandle

Quote: Originally posted by Drenick1 on Feb 15, 2015

The victims claim that it is not about the money but to get justice. I call b.s. As these guys have had almost 20 years to file suit. They saw money and that is the only reason they are even going after this creep. 

The molester already served his time and should be allowed to live his life, apparently he has been clean since his conviction so good for him but one more strike and he deserves to be lock away for a very long time.

The attorneys are most likely taking this case on a contingency basis and money is the only factor.

That's one of the problems Drenick1

If he decides to do it again, now he has a lot of money and can afford a real good attorney...

Frankly, I can't figure out why folks here are eager to take his side...

Folks like him should be forced to donate a significant sum to a good victims charity or something along those lines...

Drenick1's avatarDrenick1

Quote: Originally posted by daveletsgo39 on Feb 15, 2015

Why would you sue someone with no money? you would't this creep victimized these folks when they were but toddlers. Dam right they should sue . If I were a juror I give them every last dime that wack job won. And if he spent it well then he best be having garage sales. Or put the S.O. B. in the big house.

The article clearly states that the suit is not about the money but rather for justice. If that is indeed their primary motivation than they should have filed suit back in the 1990's to get their so called justice.

It irritates me when a plaintiff claims a lawsuit isn't about the money when it's obviously the only motive. Justice has already been served other than frying this creep. 

It is in the best interest of everybody if the predator creep stays clean which he apparently has been since being released from prison. One more strike and let him rot in jail for the rest of his life.

mypiemaster's avatarmypiemaster

You can call it justice, revenge, punishment or for personal satisfaction. When it is all said and done, it is always about the money. I've yet to find somebody that won a lot of money in a lawsuit and decided to give it back because he only wanted justice. Justice equals money, revenge, punishment and personal satisfaction.

cbr$'s avatarcbr$

Sen. Soto , can propose any bill he desire next week. It still after the fact. Poole's win was before the bill passed. Don't sound like Justice to me. It sound more like GREED. That suit such have been file within the year of the alleged crime. This man did 13 month in jail plus 10 years probation. Now, almost 16 years later, these people say something. This is plain & simply GREED. It really no surprise that Sen. Soto wants to rush a bill now. What is he going to do post day it? So they can go back and mess with all old winner. Is he sizing up future revenue. I don't believe Poole is the first big winner after a crime. I'll watch this bill closely. I want to see what else is tack to this bill. Power and Greed make strange bedfellows.

KY Floyd's avatarKY Floyd

Quote: Originally posted by SammyJoe10 on Feb 15, 2015

Disgusting. No wonder Florida is a haven for sex offenders--the laws are on their side!

I can just imagine how you'd be whining if you won the lottery and the state wouldn't let you spend it because you'd had a fender bender, and your victims wanted to make sure you didn't spend the money while they were suing you.

Scratch$'s avatarScratch$

Quote: Originally posted by VenomV12 on Feb 15, 2015

Exactly, this is the kind of slippery slope that corrupt politicians love to create. They propose these kinds of laws targeting people's emotions and then use it to expand on down the road. It will start off at targeting child molesters and then one day you will wake up and find it encompasses everyone. We have statutes of limitations in this country, they should have sued and gotten a judgment during that time period, if it passed then tough luck to them. Regardless, they are not entitled to all of his money either way. 

There is no statute of limitations on sex crimes against minors. They could try to sue him 50 years after the fact if they wished.

VenomV12

Quote: Originally posted by daveletsgo39 on Feb 15, 2015

Why would you sue someone with no money? you would't this creep victimized these folks when they were but toddlers. Dam right they should sue . If I were a juror I give them every last dime that wack job won. And if he spent it well then he best be having garage sales. Or put the S.O. B. in the big house.

I don't know genius, in case maybe they win the lottery like this guy did, inherited money, got a better job, found oil in his backyard, had money secretly hidden somewhere? Why exactly do you think they deserve every dime this guy won, what is the basis for this statement? Should all lawsuits be based on every dime the person has so if they have $20,000 you get that and if they have a billion you get that? That is not rational thinking at all. At the end of the day we have statutes of limitations and if they allowed that to pass then that is their or their parent's fault. He was convicted, they would have had no problems getting a civil judgment and they would have been protected down the road in case something like this happened. At the end of the day, he served his time, bought his ticket with his own money, money that was not illegally obtained and won fair and square, it is his money. Should he give them a sizable amount out of decency and to show regret for what he did, of course, but he is not legally required to as far as I am concerned. Should their parent's have taken him out for what he did to their children, I think so, then he would never have had a chance to win money. If you did that to my children your chances would be pretty slim. I don't respect people that lie and say a lawsuit is not about money, you sued a guy right after he won $3 million, it is not only about the money, it is 100% only about the money, stop lying. 

RJOh's avatarRJOh

Quote: Originally posted by Scratch$ on Feb 15, 2015

There is no statute of limitations on sex crimes against minors. They could try to sue him 50 years after the fact if they wished.

That may be true but he may have spent or given away the money by then and this is about the money as far as their lawyer is concerned, he's not working for nothing.

HaveABall's avatarHaveABall

Quote: Originally posted by Shelby Mustang on Feb 15, 2015

Hey I think this is the very best advertising for the lottery...Anyone and I do mean anyone can win.  Everyone who wins isnt going to be poor with 5 kids and just recently unemployed with medical problems....sometimes its going to be someone not so perfect or that we do not like, but that is what keeps the lottery playable. Anyone including degenerates can win

Hyper  Stooges

Stack47

Quote: Originally posted by noise-gate on Feb 15, 2015

or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner." -  ***That's a slippery slope statement right there Stack. The court system will be backed up for years if that came to pass.

These two guys had to prove he molested them, be awarded damages, and then ask a judge to freeze his assets. This bill would freeze assets without a judgement making it possibly unconstitutional. If it passes the door is open for anyone to blackmail lottery winners.

mikeintexas's avatarmikeintexas

Quote: Originally posted by noise-gate on Feb 15, 2015

or they could simply propose a bill that freezes the assets of any lottery winner to give anyone a chance to allege anything against the winner." -  ***That's a slippery slope statement right there Stack. The court system will be backed up for years if that came to pass.

I think that was his intent, to point out that the law that was proposed is itself the beginning of a "slippery slope".

mikeintexas's avatarmikeintexas

Quote: Originally posted by Stack47 on Feb 15, 2015

These two guys had to prove he molested them, be awarded damages, and then ask a judge to freeze his assets. This bill would freeze assets without a judgement making it possibly unconstitutional. If it passes the door is open for anyone to blackmail lottery winners.

Posted at the same time, Stack.  I knew what you meant.

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