Welcome Guest
Log In | Register )
You last visited December 7, 2016, 9:19 am
All times shown are
Eastern Time (GMT-5:00)

Will robber get to keep lottery jackpot?

Massachusetts LotteryMassachusetts Lottery: Will robber get to keep lottery jackpot?

The winner of a $1 million lottery scratch ticket may not be so lucky after all:  He's a convicted bank robber who isn't supposed to gamble.

Timothy Elliott faces a Dec. 7 court hearing over whether he violated his probation when he bought the $10 ticket for the $800 Million Spectacular game at a supermarket in Hyannis.

Elliott was placed on five years' probation after pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod. Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."

Elliott, 55, has collected the first of 20 annual $50,000 checks from the Massachusetts lottery commission. A picture of Elliott, holding his first check, was posted on the lottery's Web site Monday, though it was removed by Wednesday.

As part of his sentence, Elliott was put under the care of the state Mental Health Department and sent to a hospital for treatment, and state officials refused Wednesday to say whether he was still being treated.

A telephone number for Elliott could not immediately be located Wednesday, and it was not clear whether he had a lawyer.

The lottery routinely cross references the names of winners with the state Revenue Department to see if they owe back taxes or child support, lottery spokesman Dan Rosenfeld said. In those cases, winnings go straight to the Revenue Department.

But in this case, it will be up to the court to determine what will happen with Elliott's winnings.

"This is kind of new territory," he said.

This photo released by the Massachusetts State Lottery shows Timothy B. Elliott in the Lottery's Braintree, Mass., office Monday, Nov. 26, 2007, after he won a $1 million prize playing the Lottery's $800,000,000 Spectacular. He's in trouble because he's also a convicted bank robber who isn't supposed to be gambling. The state probation commissioner's office has scheduled a hearing for December 7 to determine whether Elliott, 55, violated his probation when he bought the $10 ticket.

AP

We'd love to see your comments here!  Register for a FREE membership — it takes just a few moments — and you'll be able to post comments here and on any of our forums. If you're already a member, you can Log In to post a comment.

28 comments. Last comment 9 years ago by tg636.
Page 1 of 2
nanolike's avatar - pink2
WorldWide
United States
Member #55215
September 18, 2007
76 Posts
Offline
Posted: November 29, 2007, 7:09 am - IP Logged

This just goes to prove that bank robbers just aren't very smart!

I watched a show on tv about bank robbers once and they said that 85% of all bank robbers get caught. So if you aint part of the 15% that didnt get caught your gonna get busted.

So take "robbing banks" off your career choice list I'd say!

Career choices

1. doctor

2. lawyer

3. Deli owner

4. robbing banks

 

 

Why didn't he just have someone else collect the money for him, o yeah I already answered that one cause he's dumb!

It's a NanoLike World!

    NITEHAWK61's avatar - wings2
    WESTCHESTER/NEW YORK
    United States
    Member #25041
    October 31, 2005
    106 Posts
    Offline
    Posted: November 29, 2007, 8:25 am - IP Logged

    should have been a Santa Claus!!

    .

      go4it-andwin's avatar - drevil
      New Member
      massachusetts
      United States
      Member #56451
      November 19, 2007
      19 Posts
      Offline
      Posted: November 29, 2007, 8:50 am - IP Logged

      Im curious to see what happens to this guy... Im wondering if probation dept is going to let him have his prize...  I wouldnt be the least bit suprised if they take it from him..because he wasnt suppost to be gambling in the first place... If i were him...i would have my brother cash in the winning card...now he could be headed back to jail.. with no defense but guilty as charged...i guess the lottery payed off better than bank robbery...this guy dont have much luck at all if you think about it...

      with a prayer and 6 lucky numbers...im beach bound!

        Avatar
        North Brunswick NJ
        United States
        Member #39013
        May 8, 2006
        12213 Posts
        Offline
        Posted: November 29, 2007, 8:56 am - IP Logged

        He rob the bank and the court rob him. Even Steven !

          Todd's avatar - Cylon 2.gif
          Chief Bottle Washer
          New Jersey
          United States
          Member #1
          May 31, 2000
          23262 Posts
          Offline
          Posted: November 29, 2007, 9:48 am - IP Logged

          Great comments!  Santa

           

          Check the State Lottery Report Card
          What grade did your lottery earn?

           

          Sign the Petition for True Lottery Drawings
          Help eliminate computerized drawings!

            konane's avatar - wallace
            Atlanta, GA
            United States
            Member #1265
            March 13, 2003
            3333 Posts
            Online
            Posted: November 29, 2007, 10:04 am - IP Logged

            He obviously didn't read his probation "fine print" about what you're not permitted to do. Unhappy  Stooges

            Bet the state will confiscate it as restitution, or under the statute of money seized during the commission of a crime.   

            Good luck to everyone!

              Jake's avatar - animal bird.jpg

              United States
              Member #2217
              September 1, 2003
              985 Posts
              Offline
              Posted: November 29, 2007, 10:30 am - IP Logged

                 

                  When this hit the wire, I had an immediate impression related to mental illness, which the media reports elude to. They do not give the detail on whether this gentleman has a DPOA, guardian, court-appointed advocate, etc.   The obvious issue here is as already pointed out - clearly court-order prohibited from gambling, so he gambles and goes on to cash a big winning ticket.  I think the issue may be a little more complicated than face value.  If he is functioning in the population but mentally ill or challenged in some manner, someone somewhere will argue he was not capable of understanding the probation terms and/or controlling his impulse to gamble.  He clearly violated his probation but if he was, in fact, not able to comply in the first place with the terms of probation, he would not be responsible for subsequent actions and a good attorney will use the poor judgement of presenting his winning ticket himself in his defense.  The issues are also more than just losing the winning ticket.  VOP will put him back in the system.  The other issue is that he may not meet the Lottery definition of a person prohibited from purchasing lottery ticket (underage, etc.) because the prohibition stems from court-ordered terms.  Many times challenged individuals (including brain-injured) understand the concept of money and even how the lottery works - buy a ticket and get money back - but are not able to comprehend the finer points of how/why/where that money is generated or its tax implications, etc.    It will be interesting to see where this goes.   This amount of money may spur a good attorney somewhere to get involved (assuming he does not have means already) to see where this will go. 

                time*treat's avatar - radar

                United States
                Member #13130
                March 30, 2005
                2171 Posts
                Offline
                Posted: November 29, 2007, 10:53 am - IP Logged

                I'm never in favor of probation terms that have nothing to do with the "crime" committed. It's just a way of controlling people beyond their initial "punishment".

                He is more likely to cause fewer problems with a $50,000 income a year than nothing. But of course the fewer people under the "care" of the mental hospitals(sic) or the prison systems would necessitate fewer of those systems and "jobs" they create.

                In neo-conned Amerika, bank robs you.
                Alcohol, Tobacco, and Firearms should be the name of a convenience store, not a govnoment agency.

                  ThatScaryChick's avatar - x1MqPuM
                  Idaho
                  United States
                  Member #56506
                  November 21, 2007
                  6537 Posts
                  Offline
                  Posted: November 29, 2007, 11:36 am - IP Logged

                  I'm going to guess that he will end up losing the money. Whether or not anyone thinks he should have had the no gambling terms written in his probation, he still broke his probation. I agree with the poster above that he probably should have had a family member of friend cash his winnings if he was going to play at all.

                    KyMystikal's avatar - 1457224010054
                    Florence, Alabama
                    United States
                    Member #8658
                    November 13, 2004
                    1993 Posts
                    Offline
                    Posted: November 29, 2007, 11:39 am - IP Logged

                       

                        When this hit the wire, I had an immediate impression related to mental illness, which the media reports elude to. They do not give the detail on whether this gentleman has a DPOA, guardian, court-appointed advocate, etc.   The obvious issue here is as already pointed out - clearly court-order prohibited from gambling, so he gambles and goes on to cash a big winning ticket.  I think the issue may be a little more complicated than face value.  If he is functioning in the population but mentally ill or challenged in some manner, someone somewhere will argue he was not capable of understanding the probation terms and/or controlling his impulse to gamble.  He clearly violated his probation but if he was, in fact, not able to comply in the first place with the terms of probation, he would not be responsible for subsequent actions and a good attorney will use the poor judgement of presenting his winning ticket himself in his defense.  The issues are also more than just losing the winning ticket.  VOP will put him back in the system.  The other issue is that he may not meet the Lottery definition of a person prohibited from purchasing lottery ticket (underage, etc.) because the prohibition stems from court-ordered terms.  Many times challenged individuals (including brain-injured) understand the concept of money and even how the lottery works - buy a ticket and get money back - but are not able to comprehend the finer points of how/why/where that money is generated or its tax implications, etc.    It will be interesting to see where this goes.   This amount of money may spur a good attorney somewhere to get involved (assuming he does not have means already) to see where this will go. 

                    At first I thought they might take the winnings but after reading this I think he may have a chance at keeping the winnings. if I was a lawyer I would probably take this take his case.
                       

                    I love doubles and remember, it's just a game!!!!!!

                      Avatar
                      Huntsville AL
                      United States
                      Member #16531
                      June 1, 2005
                      65 Posts
                      Offline
                      Posted: November 29, 2007, 12:14 pm - IP Logged

                      I'm never in favor of probation terms that have nothing to do with the "crime" committed. It's just a way of controlling people beyond their initial "punishment".

                      He is more likely to cause fewer problems with a $50,000 income a year than nothing. But of course the fewer people under the "care" of the mental hospitals(sic) or the prison systems would necessitate fewer of those systems and "jobs" they create.

                      It may be he robbed the bank to pay off gambling debts.

                        Avatar

                        United States
                        Member #10720
                        January 23, 2005
                        933 Posts
                        Offline
                        Posted: November 29, 2007, 9:03 pm - IP Logged

                        And robbers are what.....  shmart?

                        I think he may have a good defense that it is "cruel and unusual punishment" to forbid someone to play the Lottery.

                          ToadSchmode's avatar - aquas1

                          United States
                          Member #53834
                          July 23, 2007
                          467 Posts
                          Offline
                          Posted: November 29, 2007, 9:48 pm - IP Logged

                          And robbers are what.....  shmart?

                          He should have kept his mouth shut! I heard some jealous a-hole ratted him out to the probation officer...

                          Snitches 

                          Only know you've been high when your feeling low...Passenger Guitar

                            Avatar
                            NY
                            United States
                            Member #23835
                            October 16, 2005
                            3474 Posts
                            Offline
                            Posted: November 29, 2007, 9:56 pm - IP Logged

                            Time Treat make a really good point.  Whatever crimes the guy has committed, taking away 50 grand a year in legitimate income isn't going to do much to reduce his interest in committing more crimes.

                            My guess is that  after talking with his lawyer he'll remember that the lottery ticket was given to him as a gift. That would mean he didn't violate his probation, and gets to keep the winnings. Too bad there's nothing inthe article about when he alledgedly bought the ticket. My guess would be that the store doesn't keep security tapes for very long, but he may have cashed the ticket in too much of a hurry.