Judge rules $560M Powerball lottery winner can stay anonymous

Mar 12, 2018, 3:57 pm (79 comments)

Powerball

CONCORD, N.H. — A judge ruled Monday that a New Hampshire woman who won a Powerball jackpot worth nearly $560 million can keep her identity private, but not her hometown.

Judge Charles Temple noted that the case's resolution rested on application of the state's Right-to-Know law, which governs access to public records for the woman. She was identified as "Jane Doe" in a lawsuit against the New Hampshire Lottery Commission.

Temple wrote he had "no doubts whatsoever that should Ms. Doe's identity be revealed, she will be subject to an alarming amount of harassment, solicitation, and other unwanted communications." He said she met her burden of showing that her privacy interest outweighs the public's interest in disclosing her name in the nation's eighth-largest jackpot.

However, Temple noted that nothing in his order could be interpreted to prevent the lottery commission or its employees from "processing, maintaining, or accessing Ms. Doe's ticket in the normal course of business."

The woman signed her ticket after the Jan. 6 drawing, but later learned from lawyers that she could have shielded her identity by writing the name of a trust. They said she was upset after learning she was giving up her anonymity by signing the ticket — something the lottery commission acknowledged isn't spelled out on the ticket, but is detailed on its website. The woman ended up establishing the Good Karma Family Trust of 2018.

Temple found that the commission's argument that revealing her name to ensure the public she's a "bona fide" lottery participant and "real" winner was not persuasive, because a trustee claiming a prize on someone's behalf is certainly not a "bona fide" participant or a "real" winner.

Last week, the commission handed over $264 million — the amount left after taxes were deducted — to the woman's lawyers. They said she would give $150,000 to Girls Inc. and $33,000 apiece to three chapters of End 68 Hours of Hunger in the state. It is the first of what her lawyers said would be donations over the years of between $25 million to $50 million during her lifetime.

The woman's lawyers have only said she is from southern New Hampshire and doesn't want the attention that often comes with winning a big jackpot.

AP

Comments

Bleudog101

Todd, you must have read the story same time I did.

 

I wonder if she'll be outed through FOIA? 

 

Maybe my late Mum's old saying 'loose lips sink ships' will prevail.  Somebody will blab.

CDanaT's avatarCDanaT

While I am glad she has been given anonymity (at this point) I am thinking on appeal this may get overturned.  Time will tell on what the state decides to do What?

MsBee18

This is an example of the rich getting what they want through the court system. I would vote against her being able to remain anonymous. I am not against rich people, but the rules are the rules.

zephbe's avatarzephbe

That's how it works in SC--name is not given but city the person lives is given.

The store that sold the ticket is always given.

wpb's avatarwpb

Good, I think all states should do this.

DELotteryPlyr's avatarDELotteryPlyr

Quote: Originally posted by MsBee18 on Mar 12, 2018

This is an example of the rich getting what they want through the court system. I would vote against her being able to remain anonymous. I am not against rich people, but the rules are the rules.

I Agree!

Pandora's box has been opened - watch who sues next to get the state to change the rules after the fact. 

lejardin's avatarlejardin

All states need to protect the identity or the least the winner should HAVE THE CHOICE to remain anonymous. 

Mattapan

I don't like this decision. You should know the rules before you play, especially with this amount of money on the line. I do believe this would be overturned on appeal if they do appeal but it doesn't sound like they want to.

konane's avatarkonane

Quote: Originally posted by lejardin on Mar 12, 2018

All states need to protect the identity or the least the winner should HAVE THE CHOICE to remain anonymous. 

I Agree!   Good for her! It's time a precedent is set in court for other states to follow.  Several years ago I was in favor of name, etc., being made public but not after reading about tragedies and in some cases stalking and loss of life. 

I'm sure Georgia is watching this closely.

Slick Nick's avatarSlick Nick

I think this was a fair and respected by the court. Case closed! Smash

Artist77's avatarArtist77

I am so thrilled for her and what a tremendous precedent it sets for all lottery players. The few of  "us" who predicted the outcome, seemed to understand that a court does not just simply apply the law and rules. As I predicted, the equities or basic fairness principles also played a role. If a judge simply read a law and applied it...if A, then B... you could have grade school dropouts do this....but that is not how case law, precedents and carve outs are created.

No, her name cannot be obtained under FOIA since it falls under 1 of the 9 exemptions...unwarranted invasion of personal privacy...and a court already ruled on the privacy issue so it is directly applicable to FOIA. 

Next steps:

An appeal? Possible but it would anger a lot of lottery players. There is a big risk for the lottery in appealing to a higher court since one could bring in all the dirty laundry...lottery murders, etc. So,  since the judge slammed the hypocrisy  of allowing claims via trusts to support their claims of transparancy, the state lottery might try to change the law to ban trusts.  The state lottery will also try to tell the next person who tries this that well, that was an unique case. No, it is not.

But this is a big win for all of us!!! Hurray! If you live in this state, make certain all your lottery playing friends know of this decision !!!

fellini

I hope they appeal and she loses. She shouldn't of played if she didn't want her name released.

noise-gate

Quote: Originally posted by zephbe on Mar 12, 2018

That's how it works in SC--name is not given but city the person lives is given.

The store that sold the ticket is always given.

I wish 100% that it could be that way in California. But no, they want to parade you around like a circus monkey... minus the chain.

hearsetrax's avatarhearsetrax

Skeptical should be most curious to see how this pans out in the long run for her

but I wish her tons of luck and many years of silent bliss 

 

grwurston's avatargrwurston

Good for her!!! Every player should be given the option to remain anonymous or not, when they claim their winnings.

lejardin's avatarlejardin

Quote: Originally posted by Artist77 on Mar 12, 2018

I am so thrilled for her and what a tremendous precedent it sets for all lottery players. The few of  "us" who predicted the outcome, seemed to understand that a court does not just simply apply the law and rules. As I predicted, the equities or basic fairness principles also played a role. If a judge simply read a law and applied it...if A, then B... you could have grade school dropouts do this....but that is not how case law, precedents and carve outs are created.

No, her name cannot be obtained under FOIA since it falls under 1 of the 9 exemptions...unwarranted invasion of personal privacy...and a court already ruled on the privacy issue so it is directly applicable to FOIA. 

Next steps:

An appeal? Possible but it would anger a lot of lottery players. There is a big risk for the lottery in appealing to a higher court since one could bring in all the dirty laundry...lottery murders, etc. So,  since the judge slammed the hypocrisy  of allowing claims via trusts to support their claims of transparancy, the state lottery might try to change the law to ban trusts.  The state lottery will also try to tell the next person who tries this that well, that was an unique case. No, it is not.

But this is a big win for all of us!!! Hurray! If you live in this state, make certain all your lottery playing friends know of this decision !!!

Thanx Artist for the added info.   I was wondering if FOIA would still apply.  I agree, this is a win for all of us. 

Those that arent happy and say that when you buy a ticket you understand the rules and while I agree, it is getting more and more dangerous to have lunatics get your information.   And those who want their exposure for their 15 minutes or days of fame, hey, just call the media, I am sure they would love to accommodate you.

paymentplan-man

We live in a world where its so easy to make a mistake. I'm happy that her mistake was one that could be fixed without causing damage to herself or family. When I first read the  initial case info more than a month ago my first thought was that she should have paid more attention but then I had to take a step back and remember all the times where I made a mistake and was given a second chance. She received her second chance this day and I'm overjoyed that her case turned out in her favor. Also like someone mentioned laws are not forever they change and "usually" improve with time so maybe this will start a chain effect to really scrutinize how some aspects of the various lotteries are operated.....or maybe nothing happens lol!!

delS

I;m so glad she won this case. The judges summary was spot on, the undue public attention, solicitations, damaged relationships, on and on. I'm glad where I live Maryland allows you the choice. I don't want the attention, nor the drama and danger.

nikao88

"While we were expecting a different outcome and believed the state had a strong argument, we respect the court's decision. That said, we will consult with the Attorney General's office to determine appropriate next steps regarding the case."

People will find out who she is.
She is not anymore special than anyone else.


She lives in Merrimack NH. which has a population of around 25,000.
Right now we know that she is a female, so that cuts the odds down to 12,500.

Look for people that are suddenly driving a new car or spending more money than they normally do.

Somebody has seen her going into the lawyers office a number of times.


People at her bank will notice that her bank account has grown a lot lately.

Can anyone in New Hampshire who wins $600 or more refuse to have their name publish, since their life could be in danger?



nikao88

It will take some time but, we will find out who this woman is.

"While we were expecting a different outcome and believed the state had a strong argument, we respect the court's decision," said a statement from the New Hampshire Lottery. "That said, we will consult with the Attorney General's office to determine appropriate next steps regarding the case."

dpoly1's avatardpoly1

Awesome!

Dance

Artist77's avatarArtist77

Quote: Originally posted by nikao88 on Mar 12, 2018

"While we were expecting a different outcome and believed the state had a strong argument, we respect the court's decision. That said, we will consult with the Attorney General's office to determine appropriate next steps regarding the case."

People will find out who she is.
She is not anymore special than anyone else.


She lives in Merrimack NH. which has a population of around 25,000.
Right now we know that she is a female, so that cuts the odds down to 12,500.

Look for people that are suddenly driving a new car or spending more money than they normally do.

Somebody has seen her going into the lawyers office a number of times.


People at her bank will notice that her bank account has grown a lot lately.

Can anyone in New Hampshire who wins $600 or more refuse to have their name publish, since their life could be in danger?



I doubt she had the money deposited to her local bank.  People can take wild guesses, but they will likely be wrong. How many times have you been convinced a certain person did this or that and you were wrong ??? And guessing is not the same thing as worldwide publication of your name and pic and town in perpetuity. 

This has nothing to do with her being better than anyone else. Meow!!!!!

PendingSector

This was not about changing the law or getting around a law.  NH already allows winners to be anonymous.  This will stand.  There was no question that she was the one who bought and won the ticket, so this is just allowing her to have her right to be anonymous.

I'm pretty surprised at the number of LP readers who are rooting against her or disagree with this verdict.

Artist77's avatarArtist77

Quote: Originally posted by PendingSector on Mar 12, 2018

This was not about changing the law or getting around a law.  NH already allows winners to be anonymous.  This will stand.  There was no question that she was the one who bought and won the ticket, so this is just allowing her to have her right to be anonymous.

I'm pretty surprised at the number of LP readers who are rooting against her or disagree with this verdict.

I agree.

Toronto

They lottery is  RIGGED

konane's avatarkonane

Quote: Originally posted by Toronto on Mar 12, 2018

They lottery is  RIGGED

How so when Powerball and MegaMillions both are ball drop drawings which are televised for everyone to see? Have you ever seen videos about the safety precautions they use when handling and storing balls which have been weighed to within micro tolerance of one another?

nikao88

Here is the rule for claiming a prize of $600 or more.


(e)  Prizes exceeding $599, shall be claimed at the lottery commission headquarters only.

 

          (f)  The claimant shall complete a winner claim form with the following:

 

(1)  Name;

 

(2)  Address;

 

(3)  Telephone number;

 

(4)  Social security number; and

 

(5)  Claimant signature and date.

hearsetrax's avatarhearsetrax

Quote: Originally posted by PendingSector on Mar 12, 2018

This was not about changing the law or getting around a law.  NH already allows winners to be anonymous.  This will stand.  There was no question that she was the one who bought and won the ticket, so this is just allowing her to have her right to be anonymous.

I'm pretty surprised at the number of LP readers who are rooting against her or disagree with this verdict.

they're just olive drab with envy and ticked that it wasn't them Roll Eyes

but this too will pass

Artist77's avatarArtist77

Quote: Originally posted by nikao88 on Mar 12, 2018

Here is the rule for claiming a prize of $600 or more.


(e)  Prizes exceeding $599, shall be claimed at the lottery commission headquarters only.

 

          (f)  The claimant shall complete a winner claim form with the following:

 

(1)  Name;

 

(2)  Address;

 

(3)  Telephone number;

 

(4)  Social security number; and

 

(5)  Claimant signature and date.

The claim form info is completely different from what info a state lottery  may be allowed to release publicly..  Most states it is just your name and town.

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