Plea deal settles N.Y. lottery ticket trial; immigrant will get $2.5M

Feb 16, 2013, 8:02 am (24 comments)

New York Lottery

NEW CITY, N.Y. — A plea agreement Friday in Rockland County Court has ended the case involving a Spring Valley, New York, immigrant's $3 million lottery ticket and three men accused of trying to steal a portion of it.

Elfido DeLaRoca will get about $2.5 million before taxes over the next 15 years, while the three men will avoid jail on a theft charge. One of the men will get $300,000 from the winnings.

DeLaRoca, 45, a Guatemalan national living with his fiancee and daughter, bought the $10 scratch-off ticket in Riaz Khan's Hickory Street convenience store in Spring Valley on Feb. 3, 2011. Atif Ali sold him the ticket. Mubeen Ashraf also works at the store.

DeLaRoca testified during a four-week trial last fall that the three men played on his fear of being deported and leaving his baby daughter behind and coerced him to sign over the lottery ticket ownership to Ali.

He told the jury they also had him sign documents, which included an agreement to split the winnings, in English when he didn't read or speak the language fluently.

During the first trial, defense lawyers argued DeLaRoca was told by state Lottery officials and others that he wouldn't be reported to immigration for living in the country illegally and that he could co-sign the winning ticket with Ali.

The defense lawyers also argued DeLaRoca brought the criminal charges to get out of an agreement to share 50 percent of the winnings if the men helped him. DeLaRoca testified he agreed to share 10 percent.

Under the deal, Ali pleaded guilty to a misdemeanor petty larceny charge for withholding money from DeLaRoca between February and June 2011.

County Judge William Nelson sentenced Ali to time served, the three months he spent in the county jail.

Ali had established a bank account into which nearly $500,000 in winnings was deposited from a company that advanced him money on the winning ticket.

Ali also gets $300,000 from DeLaRoca's winnings.

The grand larceny charges against Khan and Ashraf were dismissed.

The agreement means the three men will not be retried.

Their first trial ended with a mistrial in October when a 12-member jury could not reach a unanimous decision on charges that the defendants tried to cheat DeLaRoca.

Prosecutor Anthony Dellicarri told Nelson on Friday that DeLaRoca agreed to the plea deal, as well as a civil agreement dividing the money that Supreme Court Justice William Kelly signed Feb. 8.

"Only upon Mr. DeLaRoca's agreement with the arrangement was the offer made to Mr. Ali," Dellicarri said.

John Finnegan, the attorney for Ashraf, said: "We are very pleased by the District Attorney's Office decision. We think it was a courageous act. Mr. Ashraf is glad this is over."

Journal News

Comments

dallascowboyfan's avatardallascowboyfan

Glad Mr. DeLaRoca got some of his money. As for the <snip>s all three should be in jail.

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

Ronnie316

What a mixed up mess. All caused by someone who is in the country illegally.

rdgrnr's avatarrdgrnr

It's gettin' to the point that you can't trust anybody nowadays.

And that's a shame.

noise-gate

Aah rdgrnr- dont say that, you have one of the most trustworthy faces in this forum. It would be a darn shame if you were right..

* Even a blind squirrel finds an acorn ever so now and then.Coffee

rdgrnr's avatarrdgrnr

Quote: Originally posted by noise-gate on Feb 16, 2013

Aah rdgrnr- dont say that, you have one of the most trustworthy faces in this forum. It would be a darn shame if you were right..

* Even a blind squirrel finds an acorn ever so now and then.Coffee

Blind squirrels wind up in a greezy skillet 'round here.

rdgrnr's avatarrdgrnr

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

dallascowboyfan's avatardallascowboyfan

Quote: Originally posted by rdgrnr on Feb 16, 2013

Blind squirrels wind up in a greezy skillet 'round here.

Lol you so crazy...Green laugh

dallascowboyfan's avatardallascowboyfan

Quote: Originally posted by rdgrnr on Feb 16, 2013

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

I Agree!I didn't get that part eitherWhat?

savagegoose's avatarsavagegoose

Quote: Originally posted by rdgrnr on Feb 16, 2013

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

he's starting a career in politics after he gets out.

luckyfangirl

Why was he so afraid of being deported? He and his baby and girlfriend could have a good life with 2.5 million dollars over there couldn't they?

VenomV12

Quote: Originally posted by rdgrnr on Feb 16, 2013

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

Yeah, I have been trying to figure that one out too. That makes no sense.

rdgrnr's avatarrdgrnr

Quote: Originally posted by luckyfangirl on Feb 17, 2013

Why was he so afraid of being deported? He and his baby and girlfriend could have a good life with 2.5 million dollars over there couldn't they?

Guatemala has a very high murder and violent crime rate as does Mexico and Central America and most of South America. It can be especially dangerous if the bad guys find out you have a lot of money.

It's much, much safer here in the United States.

ImDaBakerLady

gratz to the winner and his lucky fortune... only in America!

Ronnie316

Quote: Originally posted by rdgrnr on Feb 16, 2013

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

I Agree! Must have been part of his plea bargain?

Artist77's avatarArtist77

One never knows what juries will do. Some jurors may have felt that he should "share" that money or that he could have been deported and the other guys "misunderstood" the law.... but perhaps jury instructions were not given there. I think they should have got jail time as well.

Ronnie316

Quote: Originally posted by Artist77 on Feb 17, 2013

One never knows what juries will do. Some jurors may have felt that he should "share" that money or that he could have been deported and the other guys "misunderstood" the law.... but perhaps jury instructions were not given there. I think they should have got jail time as well.

I Agree! All except for the jail time.Green laugh

RedStang's avatarRedStang

If he can't read he must of picked his ticket by color. Frown

Ronnie316

Perhaps it was this pretty color?

Ronnie316

Or this?

Ronnie316

I wouldn't mind having either one..........LOL

sully16's avatarsully16

Quote: Originally posted by rdgrnr on Feb 16, 2013

I'd like to know how Ali still gets 300k of the guy's money after doin' time for rippin' him off.

Yeah, how does that happen?

rdgrnr's avatarrdgrnr

Quote: Originally posted by sully16 on Feb 20, 2013

Yeah, how does that happen?

The only thing I can figure is that is what he was legally entitled to in the contract but he got jailed for taking more than that.

rdgrnr's avatarrdgrnr

Quote: Originally posted by rdgrnr on Feb 21, 2013

The only thing I can figure is that is what he was legally entitled to in the contract but he got jailed for taking more than that.

It seems to me that the whole contract should have been declared null and void though.

jamella724

When it comes to money its really hard to trust anyone. It's a shame how other people do unjust things and scare other them just to take money.  Glad that Mr. Dela Roca had to courage to get his own money back.

End of comments
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