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Cheated lottery winner files lawsuit

Topic closed. 63 replies. Last post 6 years ago by rdgrnr.

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HoLeeKau's avatar - YheaShea
Idaho
United States
Member #94283
July 17, 2010
2284 Posts
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Posted: May 31, 2011, 11:45 pm - IP Logged

Thru the years so many store clerks have stolen lottery prizes and the state lotteries have failed to prevent it, they have not even tried, that is until now, they have put machines in the stores where people can by themselves check their own tickets.

If at the time that the ticket was stolen those machines where already there then the state lottery is clean, that is not at fault, otherwise they are at fault and should pay not just for the rest of the money, but also for interest on it and for all the trouble and anguish that the winner had to endure and also pay for all the legal fees and any other fees that apply.

Nowdays if you don't check your own ticket first, too bad, you yourself should be at fault, cause once you know that you won then you should sign the ticket, before you give it to anybody.

Idaho has the checker machines but they don't tell you how much the ticket is worth!  They just say to contact the clerk.  Practically worthless.

    rdgrnr's avatar - walt
    Way back up in them dadgum hills, son!
    United States
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    Posted: May 31, 2011, 11:58 pm - IP Logged

    A Dallas-area man who Travis County prosecutors say had his $1 million lottery ticket stolen by a convenience store clerk in 2009 has sued the Texas Lottery Commission and others in hopes of recovering all of his winnings.

    Lawyers for Willis Willis, a retired Grand Prairie maintenance man, filed the suit in state District Court in Travis County last week against the lottery commission, GTECH Corp, which runs the lottery, and the owner of a convenience store where Willis bought his ticket.

    Also sued was Pankaj Joshi, a college student who authorities say fled the country for his native Nepal in 2009, around the time authorities in Austin say they discovered that he took Willis' winning ticket and cashed it in at lottery headquarters in Austin.

    Joshi did not tell Willis he'd hit the jackpot and pocketed the ticket after Willis gave it to him at the counter of Lucky Food Store #2, officials said.

    Joshi has been indicted on a felony charge of claiming a lottery ticket by fraud. Austin police and Travis County prosecutors recovered about $395,000 from his bank accounts and a judge declared Willis the rightful owner of that money. Joshi received $750,000 after taxes were withheld.

    With his lawsuit, Willis is demanding the rest of the jackpot and other unspecified damages.

    Willis' lawyers have previously asked a judge to allow them to ask lottery officials and others questions under oath to gather information for a possible lawsuit. That request is awaiting a ruling on an appeal filed by lottery officials.

    During a short hearing before state District Judge Suzanne Covington last year, Assistant Attorney General Gaston Broyles, who represents the Lottery Commission, said that a prize may not be paid twice, that a lottery ticket is a "bearer instrument" and that lottery officials are not responsible for lost or stolen tickets.

    "Mr. Joshi was the bearer of that ticket," Broyles said.

    Willis' lawyers have argued that it is absurd that lottery officials believe that Joshi is the winner while Austin police, Travis County prosecutors and a criminal court judge have ruled that Willis is the rightful winner.

    "It has taken two years too long to pay Mr. Willis the money owed him," Sean Breen, one of Willis' lawyers, said in a statement. "We simply want the Texas Lottery or the store to pay him the money that its own agent stole."

    While it offers no examples, Willis' lawsuit claims that the lottery "has been plagued by theft and corruption from store clerks (and) vendors/agents of the lottery."

    Because they are not required to register with the state, store clerks are not scrutinized when presenting themselves as lottery winners, the suit said.

    "While the Texas Lottery touts itself as secure to the public, it is not," the suit said.

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

    The law is an ass.


                                                 
                         
                                             

     

     

     

     

                                                                                                       

    "The only thing necessary for evil to triumph is for good men to do nothing"

                                                                                                --Edmund Burke

     

     

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      Monkey Butt, USA
      United States
      Member #54569
      August 23, 2007
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      Posted: June 1, 2011, 12:59 am - IP Logged

      Rant 

      I know I am going to offend a lot of goodie-goodie folks, and so be it.
      The TX Lottery does not owe this man JACK SQUAT!!!
      NOTHING!!!
      NADA!!!
      NOT ONE THIN DIME!!!
      Why should they? If anything, the TX Lottery Commission should sue Willis-Willis for being careless and lazy.

      If you read the earlier stories posted here at Lottery Post, you will see where Willis-Willis gave all kinds of excuses to justify not checking his own fricking ticket.
      Correct me if I am wrong but doesn't all lottery tickets tell YOU to SIGN YOUR TICKETBang Head
      Haven't this been printed on all tickets since Moses was a baby?????!!!!!

      Unless there is something not revealed in the stories that has been published for the public, The TX Lottery Commission DOES NOT OWE THIS MAN A THING!!
      Why didn't Willis-Willis pick up a results slip from any store he frequented? Why didn't Willis-Willis scan his ticket himself?
      Willis-Willis should be grateful that he was able to recover something at all.
      I am NOT condoning what Josi did. I do not approve of stealing at all.

      But there is no way any responsible lottery player can justify the irresponsibilities practiced by Willis-Willis.
      If the trial is held in Dallas, I would love to be on the jury. I would rule in favor of the defense (TX Lottery).
      If a lottery player is not willing to be held accountable for their carelessness, then either stop playing or get used to being ripped off.
      When you are too lazy to check your own tickets or too lazy to sign your winning tickets(IN INK), then you forfeit the right to complain or cry foul!!

      The photo of Willis-Willis standing with his pockets turned inside out is a sham. It made me want to reach out and smack him.
      The lazy puppy.......Bash

      Rant

        CrazyHazyYay!'s avatar - atlanta sports-teams-300x208.gif
        Born in the USA
        United States
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        March 19, 2011
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        Posted: June 1, 2011, 1:04 am - IP Logged

        The deli I buy my tickets from has not fixed their ticket scanner (the one that bypasses the clerk) for almost a year now, and I'm just wondering if it's because they want to check everybody's ticket for obvious reasons. One time I handed the clerk one of my $5 QP tickets and she proceeded to scan it. However, I was watching the lotto screen, waiting for "Sorry not a winner" or something else pop up like I've seen it do before. I heard it beep, but no message came up, and she told me it wasn't a winner. I was expecting her to hand me the ticket back, but she just smiled at me and I kinda wussed out and walked away. That was the first and last time I let them scan it for me because I generally scan my own tickets or check them on USAMega. Do you think I'm just paranoid? Has anyone else had a store where the check-it-yourself scanner was broken for prolonged periods of time? It just says "offline" but it's still powered on, so I'm assuming it's just disconnected from the central lotto computer. I think I'm going to ask the clerks or owners why it's not working tomorrow when I get some self-picks...

        While the value of a dollar is substantial, hope is priceless. But if you ain't got a dollar, then it's hopeless.

          joshuacloak's avatar - Money Swim-uncle-scrooge-mcduck-35997717-677-518.jpg

          United States
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          February 12, 2006
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          Posted: June 1, 2011, 1:44 am - IP Logged

          the law not the issue here

          the idiot who blindly gives hes ticket away not knowing its a winner and amount before in, is also as guilty, what is he guilty of? being stupid.

          as charged he stands guilty and is lucky he even got some cash back, but now hes just sharing it with lawyers inc.

          the fact is the clerk a theft that deserves to die, and this idiot deserves what he got for being so stupid

          if he wants he money, he can fly he beep over to home land of the theft and take part in a good old man hunt or something like that.

          if i ever turned in a winning ticket without first knowing i won or not, i think i shoot my self

          i guest you could say people are to tursting, trust is not a issue, being a idiot is. and he was a prime idiot

          the lottery should not have to pay a penny more, Why, cease their a set amount of prize pool, if he gets hes share twice, hes a jerk to the rest of them

          however the lottery has their own dirty serects, the unclaimed winners, aka left over amounts in the prize pool, instand of ever getting back to players, they just put it into their state fund atfer claiming time pasted

          so its not like the money set aside for that game prize pool could not pay for hes win. but the turth is, lottery greedy , evil, and stupid"not all of them but a lot of them are when it comes to clerks and checking tickets" them self's for not having a scan your self term at ever ticket area, why wait the clerk time scaning losers for lazy idiots

          god forbid people look at their instance tickets/pb/mm whatever lottery tickets and check to see if they won

          their lazy and stupid and walk into a store like clock work, taking everyone's time to check ever single loser they have

          ofc a clerk going to know you won and take the winner, your being a dumbass,   human's are not all angles, their many thefts, and if you make it so the thefts get away free, without worry of any real justice. you have whoever tends to steal come out and do it

          this clerk had a plan, and was a theft,

          if a clerk scaned even a just a pb/mm winner of 3/2 bucks and tryed to rob me, i <snip>ing jump the son of a beep  and if he was not fired and labeled a theft on a crimal record, i freaking do justice my self and make sure that beep never works again

           

          you  have to have a ruthless unforgiving justice to stop high amounts of people being thefts

          to their real justice and fear of death for even a pity crime, stealing will real wild,   so the lottery winner, and ever person easy on crime  is supporting these type of stories being in the future

          clerks who steal deserve death, period. but its up to people  who get wronged to do the justice them selfs

          in short, this idiot deserved to get stealed form, and the theft deserves to die

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

            greeneye's avatar - Lottery-060.jpg
            North Carolina
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            October 8, 2009
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            Posted: June 1, 2011, 7:35 am - IP Logged

            His 1st mistake was not signing it,the second one was that he trusted a Muslim ..Never go to a store that is runned by terrorist.Why do you think they are all over our contry with all these stores?They are not our friends..

              CrazyHazyYay!'s avatar - atlanta sports-teams-300x208.gif
              Born in the USA
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              Posted: June 1, 2011, 8:10 am - IP Logged

              His 1st mistake was not signing it,the second one was that he trusted a Muslim ..Never go to a store that is runned by terrorist.Why do you think they are all over our contry with all these stores?They are not our friends..

              Whoa there greeneye. You're being prejudice and ignorant. Being Muslim does not automatically equate to being a terrorist. I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam. Apparently grammar and spelling aren't your friends either. It's because of people like you that I gotta take s**t from folks in NJ when I tell them I'm from the south.

              While the value of a dollar is substantial, hope is priceless. But if you ain't got a dollar, then it's hopeless.

                surimaribo24's avatar - photo11 zpsfffd70be.jpg
                NEW YORK. RIVERHEAD
                United States
                Member #106371
                February 17, 2011
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                Posted: June 1, 2011, 11:22 am - IP Logged

                this is incident has been exposing more and more latly . is getting scary to trust the lottery clerks specialy at areas where you dont know them or even know them . is good that ny lottery provide the ticket check machine so you can check it yourself instead of handing it to the clerk . however some of them places i see they dont have them and that makes me suspicious . what we all should learn from all this always check your tickets either DIY units or online or if no option then get the ticket back from the clerk and check somewhere else to be sure about it.

                  RJOh's avatar - chipmunk
                  mid-Ohio
                  United States
                  Member #9
                  March 24, 2001
                  19824 Posts
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                  Posted: June 1, 2011, 11:37 am - IP Logged

                  I doubt if Willis will be successful filing a suit this late after the drawing.  If he is, it could change some of the rules lotteries now have to protect themselves and the retailers selling their tickets. 

                  For example the rules that any claims must be made within a year or less of the drawing and that tickets will be treated as bearer instruments that should be signed by their owners after purchase.

                   * you don't need to buy more tickets, just buy a winning ticket * 
                     
                               Evil Looking       

                    sandia's avatar - disney24
                    TEXAS
                    United States
                    Member #107766
                    March 13, 2011
                    196 Posts
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                    Posted: June 1, 2011, 1:06 pm - IP Logged

                    His 1st mistake was not signing it,the second one was that he trusted a Muslim ..Never go to a store that is runned by terrorist.Why do you think they are all over our contry with all these stores?They are not our friends..

                     Whoa,greeneye, here take a brown paper bag and breathe in and out of it slowly before you hyperventilate, wow! You have a bone to crush with somebody much? And, for the record, I am not Asian (yes, Nepal is IN Asia) but even I know Joshi is NOT an arabic name (note, the names are arabic not muslim just like christians claim that the bibilical names are christian rather, they are of Hebrew origin, mostly but I digress). But green, take it easy, no body is after you, believe me, enjoy life and work hard......no need to hate on people different THAN you.

                      sandia's avatar - disney24
                      TEXAS
                      United States
                      Member #107766
                      March 13, 2011
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                      Posted: June 1, 2011, 1:08 pm - IP Logged

                      Whoa there greeneye. You're being prejudice and ignorant. Being Muslim does not automatically equate to being a terrorist. I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam. Apparently grammar and spelling aren't your friends either. It's because of people like you that I gotta take s**t from folks in NJ when I tell them I'm from the south.

                       Crazy, on behalf of all southerners, I apologise profoundly, we have a few crazy eggs in the nest. Do ignore them, please.See Ya!

                        sandia's avatar - disney24
                        TEXAS
                        United States
                        Member #107766
                        March 13, 2011
                        196 Posts
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                        Posted: June 1, 2011, 1:12 pm - IP Logged

                        Rant 

                        I know I am going to offend a lot of goodie-goodie folks, and so be it.
                        The TX Lottery does not owe this man JACK SQUAT!!!
                        NOTHING!!!
                        NADA!!!
                        NOT ONE THIN DIME!!!
                        Why should they? If anything, the TX Lottery Commission should sue Willis-Willis for being careless and lazy.

                        If you read the earlier stories posted here at Lottery Post, you will see where Willis-Willis gave all kinds of excuses to justify not checking his own fricking ticket.
                        Correct me if I am wrong but doesn't all lottery tickets tell YOU to SIGN YOUR TICKETBang Head
                        Haven't this been printed on all tickets since Moses was a baby?????!!!!!

                        Unless there is something not revealed in the stories that has been published for the public, The TX Lottery Commission DOES NOT OWE THIS MAN A THING!!
                        Why didn't Willis-Willis pick up a results slip from any store he frequented? Why didn't Willis-Willis scan his ticket himself?
                        Willis-Willis should be grateful that he was able to recover something at all.
                        I am NOT condoning what Josi did. I do not approve of stealing at all.

                        But there is no way any responsible lottery player can justify the irresponsibilities practiced by Willis-Willis.
                        If the trial is held in Dallas, I would love to be on the jury. I would rule in favor of the defense (TX Lottery).
                        If a lottery player is not willing to be held accountable for their carelessness, then either stop playing or get used to being ripped off.
                        When you are too lazy to check your own tickets or too lazy to sign your winning tickets(IN INK), then you forfeit the right to complain or cry foul!!

                        The photo of Willis-Willis standing with his pockets turned inside out is a sham. It made me want to reach out and smack him.
                        The lazy puppy.......Bash

                        Rant

                         Perdue,I must agree with you on this one, Texas Lotto needs to sue for defamation to say the least. Let's say he cannot/does not know how to check his own lotto tickets, the least he could do is SIGN the darn piece of paper!Bang HeadTwitch

                          Avatar
                          Kentucky
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                          February 14, 2006
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                          Posted: June 1, 2011, 1:24 pm - IP Logged

                          I doubt if Willis will be successful filing a suit this late after the drawing.  If he is, it could change some of the rules lotteries now have to protect themselves and the retailers selling their tickets. 

                          For example the rules that any claims must be made within a year or less of the drawing and that tickets will be treated as bearer instruments that should be signed by their owners after purchase.

                          It boils down to "anyone can sue anybody for anything" but they have to convince a jury.

                          This jury will probably hear the Texas Lottery acted irresponsible by not having the amount won by the player visible in plain sight to the customer and/or that the clerk is indirectly employed by the lottery. They might include precedents where the Lottery has suspended agents from cheating customers in the past. If they can convince a jury, the plaintiff will awarded the rest of the prize.

                          I don't know how or if the Lottery investigate large winners, but had they asked for "place of employment" or for "citizenship", they might have seen a red flag worth investigating. When I first read about this several months ago, I wondered why the Lottery would risk bad press by taking a chance he could win his case and opening the door for other lawsuits.

                          It will be interesting.

                            Avatar
                            Kentucky
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                            February 14, 2006
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                            Posted: June 1, 2011, 1:32 pm - IP Logged

                            Whoa there greeneye. You're being prejudice and ignorant. Being Muslim does not automatically equate to being a terrorist. I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam. Apparently grammar and spelling aren't your friends either. It's because of people like you that I gotta take s**t from folks in NJ when I tell them I'm from the south.

                            "I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam."

                            I believe the predominate religion in Nepal is Buddhist, but religion is not  a factor unless Joshi's religion has a "thou shalt steal" commandment.

                            Hiding Behind Computer

                              OldSchoolPa's avatar - Lottery-057.jpg
                              Gurnee, Illinois
                              United States
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                              February 12, 2007
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                              Posted: June 1, 2011, 2:02 pm - IP Logged

                              Let me say this - there are some clerks that are nice people.  And I know that some store clerks happen to be the owner(s).  But the majority of people working as store clerks are doing so for a good reason, and that is that they could not find employment elsewhere (tell me, when the teacher asked what people wanted to be in life, how many kids raised their hands and said, "I want to be a convenience store clerk!!!").  If not the owner but instead are just employees, they are likely earning minimum wage, supporting a smoking habit, drive a beater, and probably working another gig just to make ends meet.  And in the case it is the owner, you don't know how business is going for that person.  Things could be tough and they could be looking for available options for cashflow.  So why in the world would ANYONE trust such a person to check a potential 5 figure, 6 figure, 7 figure, or 8 figure winning ticket is beyond me!!!  For all the people who read this and think they can trust their local clerk, I would say you might as well just go to the store and give the clerk whatever amount of money you planned to spend on lottery tickets because you are doing exactly that when you hand over an unsigned, unchecked ticket to such a person.  Sure, many states are installing those machines that make a noise when a winning ticket of any size is run through it.  But for scratch-ifs, the clerk must enter the code at the bottom in order for that to sound.  So if anyone is playing a confusing (to them) scratch off game and not really know if it is a winner or not, then you could still be had by an unscrupulus store clerk.

                              A fail safe option for those choosing to continue to let store clerks check the tickets is to tell them you want your tickets back for tax purposes, especially the losers.  Just be sure to keep an eye out for the sly clerk that may have a stash of known losers right by the machine ready to make a swap of the loser for your "unknown" winner.  So again, just go to the particular website or call the lottery number for the winning numbers (I was going to say check the newspaper but they have been known to make a mistake with the winning numbers).  If you insist on going to the store for the winning numbers, JUST request a printout of the previous (or applicable) winning numbers.  That can be done WITHOUT handing your ticket over to the clerk.  I only hand over tickets for which I know how much I have won and can only redeem those winnings from an authorized lottery retailer.  And yes, I sign the ticket before handing it over.

                              Get MONEY!!! Winning a JACKPOT lottery is all the HOPE and CHANGE I desire!!!  NOW give me MONEY!US Flag

                              The guy who won the presidency in 2008 really won the lottery...he is now millions richer, travels in first class style, and even has a staff that would be the envy of the richest Powerball winner (she has a staff of 2). Every night he goes to sleep, he probably plays the close of Dave Chappelle's Show: I'm rich beyatch!