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Judge throws out some charges against lottery-thieving brothers

Apr 16, 2013, 7:35 am

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SYRACUSE, N.Y. — An Onondaga County Court judge who dismissed attempted grand larceny charges against two brothers accused of stealing a winning $5 million lottery ticket in 2006 ruled the crime was beyond the statute of limitations.

Judge Joseph Fahey upheld other charges brought against Andy Ashkar, 34, and Nayel Ashkar, 36, who are accused of taking a scratch-off lottery ticket from a customer at their father's convenience store on Oct. 27, 2006.

Prosecutors contended that because the brothers waited to claim the winnings until March of last year, the five year statute of limitations had not expired. Andy Ashkar is accused of taking the ticket from Robert Miles at The Green Ale Market on East Fayette Street in Syracuse. He allegedly told Miles he'd won $5,000 and then gave him $4,000, taking a $1,000 fee for the store.

Six years later, on March 1, 2012, the Ashkar brothers took the ticket to the lottery office to claim the $5 million.

Defense attorneys for the brothers filed motions to have all the charges against their clients dropped.
Fahey wrote that the evidence presented to a grand jury established that the theft occurred in 2006 but would have needed to be prosecuted within five years.

He said it appeared that "the People concocted their theory of prosecution for the crime of Attempted Grand Larceny in the First Degree allegedly committed on March 1, 2012 as a means to circumvent the statute of limitations issue presented under the facts of this case.

"Creative as it may be, it is nevertheless unsupported by law," Fahey concluded.

The judge upheld the rest of the indictment, which included fourth-degree conspiracy charges against the pair. Andy Ashkar is additionally charged with criminal possession of stolen property in the first degree, a Class B felony.

The B felony Andy Ashkar faces calls for a minimum sentence of 1 to 3 years in prison and a maximum of 8 1/3 to 25 years if convicted.

The conspiracy charge is a Class E felony, which carries a maximum sentence of 1 1/3 to four years in prison. The minimum is conditional discharge or probation. The brothers' father, Nayef Ashkar, was indicted by a grand jury on conspiracy charges in May. His trial is scheduled for Sept. 9.

The brothers' trial begins next week.

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29 comments. Last comment 7 years ago by Ronnie316.
Page 1 of 2
sully16's avatar - sharan
25
Ringleader
Michigan
United States
Member #81738
October 28, 2009
76799 Posts
Offline

It's going to be interesting to see how this plays out in court, I hope the jury does the right thing, I also have to wonder what evidence will be excluded from testimony.

Winter is coming !   Ned Stark.

    Original Bey's avatar - Lottery-022.jpg

    Bahamas
    Member #133458
    September 30, 2012
    6792 Posts
    Offline

    So let me make sure I have this correct. It's the District Attorney who is attempting to circumvent the statue by establishing that this criminal activity continued into 2011 and not the two brothers who as a part of their criminal conspiracy deliberately waited it out until that so called statue expired to cash in a ticket they stole.

     

     

    Crazy

    "Do everything you can. Then, leave the rest to luck."

      savagegoose's avatar - ProfilePho
      adelaide sa
      Australia
      Member #37135
      April 11, 2006
      3340 Posts
      Offline

      i hope they get the max term and no cash.

      " Still swinging, still missing "
      2014 = -1016; 2015= -1409; 2016  = -1171; 2017 = -1257 ; 2018 = - 1380 =  TOT =  - 6233

      keno historic = -2291 ; 2015= -603; 2016= -424; 2017 =-427; 2018= -223   TOT = -3968

      :

        dallascowboyfan's avatar - chi
        Oklahoma
        United States
        Member #82389
        November 12, 2009
        6371 Posts
        Offline

        I hope they are convicted what's the old saying "if you do the crime you do the time".

        I Love Pink & Green 1908

          ShowMeTheMoney$'s avatar - Lottery-050.jpg

          United States
          Member #140521
          March 21, 2013
          119 Posts
          Offline

          I hope the real winner gets the money.  $5 million is a lot to lose.  It is odd that these two brothers waited on the ticket for over 5 years.  Maybe, they thought that they could get the winnings legally then and not be challenged.


            United States
            Member #116264
            September 7, 2011
            20244 Posts
            Offline

            If the crack-head accepted $4000. in cash, I think he gave up his right to the ticket.

              jeffrey's avatar - moon
              Hamilton, OH
              United States
              Member #4162
              March 27, 2004
              277 Posts
              Offline

              If the crack-head accepted $4000. in cash, I think he gave up his right to the ticket.

              and that makes it okay? i hope they get nibbled to death by geese.Mad

                Jon D's avatar - calotterylogo
                Los Angeles, California
                United States
                Member #103809
                January 5, 2011
                1530 Posts
                Offline

                What's also crazy is that NY has that $500,000,000 Extravaganza scratch-off game that ran for 5 years, alowing for someone to claim a win 6 years later, a year after the end date.

                Our scratch games in CA only run around a year or less, and then you have 180 days to claim after end date.

                That long time between purchase and claim just screams fraud. Like that Hot Lotto incident a while back claimed by the lawyer hours before deadline.

                If they wait that long, there's something wrong.

                  Avatar
                  Hollywood, fl
                  United States
                  Member #140092
                  March 10, 2013
                  377 Posts
                  Offline

                  Didnt see anything about this, but has the real winner got any of his cash yet?

                    helpmewin's avatar - dandy
                    100
                    u$a
                    United States
                    Member #106661
                    February 22, 2011
                    19967 Posts
                    Offline

                    i don't know what to think

                    Patriot

                      Nikkicute's avatar - wi lotto3.jpg
                      Wisconsin
                      United States
                      Member #123286
                      February 17, 2012
                      4145 Posts
                      Offline

                      lol I like these crime rhymes!!

                      "if you do the crime, you do the time"

                      "If they wait that long, there's something wrong."Green laugh

                      if the glove don't fit you must a quit!! oj simpson trial

                        Jon D's avatar - calotterylogo
                        Los Angeles, California
                        United States
                        Member #103809
                        January 5, 2011
                        1530 Posts
                        Offline

                        "If they wait that long, there's something wrong."Green laugh

                        Yeah, I just made that one up, glad you liked it! Big Grin

                          HaveABall's avatar - rocket

                          United States
                          Member #72446
                          March 18, 2009
                          1311 Posts
                          Offline

                          and that makes it okay? i hope they get nibbled to death by geese.Mad

                          I Agree! ... yet the $5M (or whatever remains after already paid Fed and State Income Taxes, court fees, lawyer fees, $4K already paid, etc.) shouldn't go to these cruelly scheming brother's heirs, it should go to the original ticket holder.

                          Having several millions of dollars in my financial accounts means receiving several valuable services each day!

                          Disney

                            Nikkicute's avatar - wi lotto3.jpg
                            Wisconsin
                            United States
                            Member #123286
                            February 17, 2012
                            4145 Posts
                            Offline

                            Didnt see anything about this, but has the real winner got any of his cash yet?

                            Yes, I think he did get his money.