A Rockland prosecutor today told a jury that an illegal immigrant's $3 million lottery dream was foiled by three conspiring men, while their lawyers contended the Spring Valley man created a nightmare for their clients with falsehoods to back out of contracts to share the winnings.
The jury listened to opening statements at the start of a trial for Hickory Street store clerk Atif Ali, 28, of Spring Valley, store owner Riaz Khan, 45, and Mubeen Ashraf, 23, both of Monroe.
They are charged with first-degree grand larceny, accused of cheating Elfido DeLaRoca out of winnings from a $10 scratch-off lottery ticket bought at a store on Hickory Street in Spring Valley.
Prosecutor Anthony Dellicarri told the jurors the three men preyed on DeLaRoca's fear of being deported and separated from his 2-year-old daughter.
The three men saw a chance to get rich off of DeLaRoca's good fortune from a $10 scratch-off ticket on Feb. 3, 2011, after a 16-hour work day of shoveling snow and chipping ice, Dellicarri said.
"These three men stole Elfido DeLaRoca's dream," Dellicarri said, referring to the New York State Lottery advertising campaign of "a dollar and a dream."
Dellicarri said the winnings were the Guatemalan man's ticket to a better way of life for himself, his fiancee and daughter. The ticket brings $2.4 million after taxes.
"They tell him he can't cash the lottery ticket," Dellicarri said. "They told him they don't give money to people who are illegal. They are going to deport you."
DeLaRoca, 45, a barber by trade, agreed to give them 5 percent of the winnings after talking with Ali, who is accused of being the mastermind . They took Delaroca to the lottery office in Fishkill to sign the paperwork and Ali signed the ticket and became the beneficiary.
A couple of days later Ali opened an account at Provident Bank, where close to $500,000 from the winning ticket was later deposited, Dellicarri said.
Ali took a $150,000 first payment, since the winnings would be paid out at $150,00 a year for 20 years. The men then got four advance payments of $400,00 from a finance company on the lottery winnings and deposited the money.
Dellicarri said DeLaRoca never saw a cent of the money and retained a lawyer six months later after being put off by the three men before going to the police and District Attorney's Office.
Attorneys for the defendants told the jury DeLaRoca conned their clients to get the money, and after signing two contracts to share the winnings, he conjured up a story to back out of the deal.
For some reason, they said, DeLaRoca didn't want his name attached to publicity of winning so much money, possibly for fear of retribution of kidnapping of family members back on Guatemala.
The lawyers argued the proof will show that a lottery investigator repeatedly told DeLaRoca in Spanish that he would not be reported to immigration officials or deported.
Attorney John Finnegan, representing Ashraf, told the jury DeLaRoca was told he would get the money. The investigator tried to convince DeLaRoca to not make any agreements with the three men, he said.
They argued DeLaRoca has lived in the U.S. for 17 years and has had contact with the police previously and knew he wasn't getting deported, but may have needed help cashing the winning checks since he lacked a Social Security number and a bank account.
"The proof will show, Mr. Delaroca misled everyone, including the District Attorney's Office," lawyer Ben Ostrer said.
Ostrer said Khan wasn't even in the U.S. when the contract was signed and never received any money. He said the investigators ignored every potential lead that raised questions about DeLaRoca's claims.
Stuart Rosenwasser, representing Ali, accused prosecutors of abusing their authority in bringing the case. He said state lottery officials oversaw the transfer of the winning ticket to Ali.
The proof will show, Rosenwasser said, that "$10 and a dream for Mr. DeLaRoca became a nightmare for Mr. Ali," who didn't ask to get involved with the lottery ticket and DeLaRoca.
I hope those 3 get a firing squad or at least 10yrs.
That is so sad. SAD, sad, sad. Some people are greedy and conniving and will do anything to seperate you from what is rightfully yours.
As I said before, people who are noy allowed to vote should NOT be allowed lottery winnings.
And people who are not legal citizens should not be allowed to vote. (Dah)
The 3 men who stole the lottery winnings should be sent to prison.The illegal immigrant should receive his money before being deported.BUT HE SHOULD BE DEPORTED whether he gets the winnings or not!
It's a federal crime for him to breathe our air. No money he gets deported.
Despite being illegal, he is still entitled to the winnings.
If that's how you feel than all illegal aliens are entitled to anything they want too.
Illegal Muslim aliens are entitled to blow up building right??
Ditto. Some of the previous comments are just ridiculous. You'd expect better from people from this country, but some of you seem more like the thieves in the article.
Wow! Those were some giant leaps in your assumptions. Why would you make such an inflammatory comment?
What has blowing up buildings have anything to do with with the right of anyone who plays the lottery, to legally claim a jackpot?
LOL> I know people who believe just that....... It is saying that we don't have the right to judge ANYONES actions........
Just sayin, illegals should not have a right to lottery winnings and niether should felons.
We all have the right to judge anyone, for anything, all day long. That's what makes this country great.
As it stands for now, the lotteries and the federal legal system allow illegal aliens that right.
Laws can be changed or amended. Maybe you should consider writing to your congressmen, and start a petition to overturn these laws.
They are also afforded the "right" to stand in front of home Depot and solicit work even though they are trespassing. (but why draw the line??)
Why should anyone need to obey any laws???
If a person who in here illegally can walk into a government building and collect winnings, than no one should have to obey ANY law that they dont feel like obeying including destuction of private property.
LOL. Just sayin.....
The politicians know illegal immigrants play the lottery a lot and for that major reason they will not jeopardise this sure source of revenue just to
deny the few who win. The only situation that I can think of that would prompt laws to be changed is if illegal immigrants won big jackpots back to
back.
I think your right. And shame on our government for turning a blind eye to this illegal activity while using police power to enforce any and all laws on its tax paying legal citizens.
Roger that.
rdgr:
give chic fil A >>>>>>>>AH>>>>>>>>>>CHANCE^^^^^^^in >>>>>Chicago>>>>>>>>>>>>
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Psyko luv's
D>>>>>>>>>"CUBs"!!!!!
I give Chick-fil-A a chance every chance I get, Psyko.
I used to be a Sox fan up until about 3 1/2 years ago.
I always give pizza a chance too.
>>>>^↑↑↑^<<<<
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→→♠→ÇΓΔΖŸ←♠←←
When you buy a lottery ticket , they don't check ID, citizenship,etc ,.....so the winner should be-able to win the prize .But the problem these three guys smoked this guy . And if there here on a visa ,tell um to pack your sh-- ,and send them back to where they came from,but if there us citizens ,put them in prison cell with somebody that likes to take advantage of them ,and let them feel what it's like getting it stuck in your...................
If I were King
By RL
#1. Burn these guys at the Stake.
#2. Deport the Illegal
#3. Strip the lawyers of there licenses.
#4. Send the judge to prison
#5. Use the winnings from the ticket to beef up the borders.
Here we have a guy that is breaking the law by being in this country illegally, Three guys suffering from greed
in the first degree. A judge that has taken an oath to uphold the law and most likely a number of lawyers that
aided and abetted a criminal. If I tell my lawyer that I broke the law then he is obligated to inform the authorities
and I would be arrested. People think if we elect the right person for president then we can fix this Great nation
when what is really needed is for people need to fix themselves. This is a prime example of why the US is going
down the tubes. The illegal person here has lived in this country working his trade without paying taxes, most
likely his kid is going to school for free, has access to all the things the rest of us are paying for, etc.... It seems
to me that too many US citizens have contracted a bad case of Dumb A$$. Now to top it all off he wins a bunch
of money that should have gone to an US citizen or at least a person who is here legally. The American dream is
for American citizens or those who are going through the legal processes of becoming a citizen.
mcginnin56
This looks a little like sticking your head in the sand to me.
RL
What they did was rotten!! They should also have their store closed and lotto license taken
away so they can no longer do business with the lottery again!
Good morning King.
No. It's a conservation of energy response, to a futile argument that's turning ridiculously absurd.
So if you will please allow me........
I feel so sad that this had happened. I know that laws will always prevailed and that the criminals will be in jail.l I just hope this would not happen again.
All the criminals except the one that started the whole mess, he will get off free. Go figure.
RL
The bad thing is that most likely the drug cartels have moved themselves into the super power position
by purchasing a few nuclear bombs. We once ran the Russian's out of Cuba and I would say they are now
laughing there A$$es off. If we drive all the illegals out of the US then Mexico will go broke and then they
will need new friends. Russia would be glad to park a few hundred missiles just south of the Rio grande.
Notice how the US has backed off the drug boarder wars and have said it's Mexico's problem. What stupid
SOB would call the drug trade coming into the US from mexico, Mexico's's problem, they are making a mint. As
I see it we can make some big moves and die fast or craw on our bellies and die a little each day. Most people
don't have a clue and don't want one.
RL
That's an incredible display of some of the stupidest "thinking" I've ever seen, but I'll bet you can do even better.