Hot Lotto case moves to jury for deliberations

Jul 17, 2015, 8:53 pm (13 comments)

Hot Lotto

Attorneys gave their closing arguments Friday in the fraud case against a former lottery vendor employee accused of manipulating a Hot Lotto drawing to win a $14.3 million ticket.

Eddie Tipton, 52, is being tried on two counts of fraud. He has been accused of buying the winning Hot Lotto ticket at a Des Moines QuikTrip on Dec. 23, 2010. Tipton was defined by Iowa law as a prohibited player in his former position as the information security director for the Multi-State Lottery Association, or MUSL.

Tipton has also been accused of using a self-deleting rootkit to rig the game in his favor. The prosecution claims Tipton enlisted the help of other people in an attempt to claim the prize, which never was awarded because of Iowa Lottery's security protocols.

Witness testimonies began in the case Tuesday and ended Thursday. On Friday morning, Assistant Attorney General Rob Sand and defense lawyer Dean Stowers gave their closing arguments to the jury.

The crime was a "21st century inside job," Sand said. He argued that it's not a coincidence "he bought it, won the jackpot, that it was record jackpot for the Hot Lotto game, that the Hot Lotto game is the biggest (random number generating) game that MUSL has and it was a manual play ticket."

"Those things are not coincidences. They are clues in a set of circumstances that assists you in proving the defendant guilty as charged on both accounts," Sand said.

The prosecution has accused Tipton of installing a rootkit onto a random number generating computer in the draw room at MUSL when he was in the room to change the clock on the computer Nov. 20, 2010.

Tipton stuck a USB drive into the computer and installed a rootkit that manipulated the draw, the state says. The rootkit then self-destructed without a trace.

The prosecution claims Tipton bought the winning ticket Dec. 23, 2010, and then drove to Texas. Investigators claim Tipton passed on that ticket to his friend, Robert Clark Rhodes II, 46, of Sugarland, Texas. Rhodes was arrested by Texas police on two counts of fraud March 20.

The winning ticket then made its way into the hands of Philip Johnston, a man who lives in Canada, according to the prosecution. Johnston tried to claim the ticket, but Iowa Lottery officials refused because Johnston didn't match the description of the man seen buying the winning ticket.

Crawford Shaw, a New York lawyer, received the ticket and contacted Julie Johnson McClean, an attorney at Davis Brown Law Firm in Iowa. Johnson McClean represented Hexham Investments Trust when it attempted to claim the Hot Lotto prize through Shaw, as the trustee of Hexham, about an hour before the ticket was set to expire in 2011.

Lottery officials again refused to award the prize because the purchaser of the ticket never stepped forward. Johnson McClean said in court that she had spoken to both Johnston and Shaw but never the trust's primary beneficiary.

"At the end of this whole story, somebody doesn't want to be known," Sand said. "Somebody doesn't want to be conected to it. They don't want their identity revealed."

Tipton's co-workers and friends testified Tipton was the man shown buying the winning ticket. DCI investigators also found bank and phone records indicating Tipton was in the Des Moines area Dec. 23, 2010. Phone records further showed several phone calls between Tipton and Rhodes in November and December 2010.

Sand reminded the jurors how their jury instructions said they can make deductions and reach conclusions based on common sense and reason. The law does not make a distinction between direct evidence and circumstantial evidence, which is evidence about a chain of facts showing the defendant is guilty or not guilty.

The facts given in the case all lead to one explanation, Sand said.

"The explanation is the defendant is guilty as charged in this 21st century inside job," Sand said.

The state's argument lacks evidence and is based on speculation, Stowers said during his closing argument. Stowers talked about how the burden of proof lies with the state and Tipton is presumed innocent until proven guilty beyond a reasonable doubt.

It is not a criminal offense for a prohibited player, like Tipton, to buy a lottery ticket under Iowa law. The state needed to prove for the first fraud count that Tipton passed the lottery ticket or attempted to redeem it with the specific intent to defraud.

If jurors have a reasonable doubt that Tipton bought the ticket, then "I would just suggest your deliberations are essentially at an end and you must return a verdict of not guilty," Stowers said.

Tipton's three siblings testified the man shown in the security footage was not Tipton. They said in court that the ticket's purchaser was smaller than Tipton and also appeared to have a beard, which they said Tipton did not.

Stowers reminded jurors of photos that showed a clean-shaven Tipton before and after the date the prosecution says he bought the ticket.

The state provided just speculation, not proof, that Tipton passed on the ticket with the intent to defraud, Stowers said. He described it as "just a guessing game."

"We're supposed to fill in these big gray areas," Stowers said.

For the second fraud count, the state needed to prove the defendant "intentionally tampered with a computer that housed the random number generator program for the Hot Lott prize" and "that computer was lottery equipment," according to jury instructions. The prosecution also needed to prove Tipton intended to influence the winning of the Hot Lotto prize.

Stowers described how the state presented no forensic evidence from the computer that showed the machine had been tampered with.

"If you're in that gray area, that uncertain zone — we're not sure what the facts are, we still don't know, this is still a mystery — then they haven't proven their case," Stowers said. "If you're in that position, folks, that is the definition of a reasonable doubt and if you're there, and I think you're there on this case, on this evidence, then you have to do two things: return the two verdict forms that say not guilty."

Closing arguments ended shortly before noon. The case was then turned over to the jury for deliberations. Jurors adjourned for the day at about 4:30 p.m. Friday. They will resume deliberations at 9 a.m. Monday.

Des Moines Register

Comments

mypiemaster's avatarmypiemaster

I hate to be this guy. They might just throw him under the bus, just to make a statement to other potential cheaters. JUST ABOLISH RNG OR ANY OTHER FORM OF COMPUTER DRAWS AND THIS PROBLEM WILL MOST LIKELY GO AWAY.

KY Floyd's avatarKY Floyd

"he bought it, won the jackpot, that it was record jackpot for the Hot Lotto game ... "

Tipton really must be a genius to have known weeks ahead of time that it would be a record jackpot.

butch2030's avatarbutch2030

To view/download combinations found in the Hot Lotto Game - Go To - https://app.box.com/s/0dsuurqotqlzwqu9ce0n

Please advise of any questions and/or problems.

Good Luck & Best Wishes To ALL .................................................

P.S.  I, for one, do not like any game that is run by a RNG.

As for the Hot Lotto Game Here are my 49 Groups  (Grps).

Cnt DATE 1 2 3 4 5 HB Grps
1 2013-05-15 12 13 14 37 42 16 1
2 2013-06-08 5 12 14 37 44 12 1
3 2013-08-31 4 12 14 32 44 17 1
4 2014-05-10 2 4 8 10 32 7 1
5 2014-12-27 4 10 16 32 44 14 1
  *************              
6 2013-07-31 8 16 42 45 47 12 2
7 2013-10-05 16 28 42 46 47 13 2
8 2013-11-30 8 10 15 16 42 12 2
9 2014-01-04 16 20 26 28 42 15 2
10 2014-01-25 5 15 35 39 42 4 2
11 2015-04-04 15 16 39 42 47 5 2
  *************              
12 2013-09-14 3 13 17 29 32 7 3
13 2013-10-19 5 13 17 31 32 16 3
14 2014-10-15 3 10 13 21 32 7 3
15 2014-11-12 3 10 13 31 34 13 3
  *************              
16 2013-09-18 9 28 33 40 46 19 4
17 2013-10-23 33 37 40 45 46 11 4
18 2014-02-15 18 24 27 37 45 3 4
19 2014-09-13 16 18 37 45 46 2 4
  *************              
20 2013-07-27 4 5 33 36 47 9 5
21 2013-11-06 4 19 30 33 47 15 5
  *************              
22 2013-11-13 10 23 32 36 38 3 6
23 2013-11-16 10 23 24 36 45 1 6
24 2015-04-18 6 16 23 36 45 14 6
  *************              
25 2013-08-28 8 12 19 23 30 6 7
26 2013-11-20 11 12 19 30 40 2 7
27 2014-06-04 11 19 30 41 47 11 7
28 2014-08-30 19 21 23 29 30 15 7
  *************              
29 2013-11-27 5 16 21 30 44 17 8
30 2014-02-01 5 16 29 30 34 17 8
  *************              
31 2013-07-20 16 24 28 32 45 2 9
32 2013-12-07 16 24 35 41 45 18 9
33 2014-05-14 5 16 31 32 45 4 9
34 2015-02-18 5 10 12 16 45 15 9
  *************              
35 2013-11-02 17 30 31 33 39 4 10
36 2013-12-14 5 9 30 31 39 2 10
  *************              
37 2013-08-24 9 24 40 41 42 9 11
38 2013-12-25 17 24 25 29 42 6 11
39 2014-01-29 24 25 30 40 42 2 11
40 2014-08-27 9 24 28 39 41 2 11
  *************              
41 2013-08-14 1 12 16 20 34 11 12
42 2014-03-12 16 20 27 32 34 15 12
43 2014-05-03 11 16 20 22 27 18 12
44 2014-05-28 12 16 17 20 36 14 12
45 2014-06-25 1 3 20 29 34 14 12
46 2014-08-16 9 10 16 17 20 13 12
  *************              
47 2014-03-29 2 16 17 23 46 4 13
48 2014-04-26 5 16 17 23 47 9 13
  *************              
49 2013-08-03 2 4 29 38 41 7 14
50 2014-02-05 15 29 38 44 46 3 14
51 2014-04-09 4 15 29 38 39 2 14
52 2015-01-17 4 29 39 40 43 17 14
53 2015-02-21 13 29 40 42 43 12 14
  *************              
54 2013-06-19 19 34 39 44 47 3 15
55 2014-05-07 31 34 39 41 44 8 15
56 2015-01-21 11 19 34 37 39 4 15
  *************              
57 2014-03-26 1 6 23 37 46 13 16
58 2014-05-17 7 22 23 37 46 12 16
  *************              
59 2013-09-11 25 27 34 37 43 15 17
60 2014-06-07 14 27 34 37 41 5 17
61 2014-08-20 17 25 27 34 38 7 17
62 2014-11-15 8 10 17 25 27 8 17
  *************              
63 2013-06-12 18 22 28 30 39 18 18
64 2014-06-14 6 18 22 38 39 2 18
65 2014-10-01 6 18 26 39 47 7 18
  *************              
66 2014-01-22 3 6 12 15 22 17 19
67 2014-06-18 6 12 14 15 40 3 19
  *************              
68 2014-02-26 6 12 24 33 36 7 20
69 2014-06-21 6 12 29 36 47 4 20
70 2015-06-17 2 6 10 12 47 16 20
  *************              
71 2013-08-10 7 17 23 33 35 4 21
72 2014-07-02 8 23 33 35 38 4 21
73 2014-07-05 17 23 25 35 37 19 21
74 2015-07-01 17 23 29 30 33 15 21
  *************              
75 2013-10-26 12 18 32 41 42 10 22
76 2014-07-12 7 32 36 41 42 2 22
77 2014-08-02 3 12 18 19 32 15 22
  *************              
78 2013-06-05 9 11 25 44 47 2 23
79 2014-07-16 15 18 25 44 47 12 23
80 2015-05-30 9 11 18 40 47 16 23
  *************              
81 2014-01-08 5 9 10 15 33 4 24
82 2014-07-19 5 10 11 33 38 7 24
  *************              
83 2013-10-16 7 9 15 36 37 4 25
84 2014-07-23 4 9 15 31 36 4 25
85 2015-04-22 9 15 33 37 44 16 25
  *************              
86 2013-06-29 10 32 39 45 46 3 26
87 2013-10-12 4 14 28 39 46 2 26
88 2013-12-18 8 27 32 40 46 4 26
89 2014-07-30 8 23 32 39 46 15 26
90 2015-01-10 6 8 23 28 39 7 26
91 2015-04-11 2 4 23 28 39 11 26
  *************              
92 2014-04-30 13 25 37 39 44 7 27
93 2014-08-13 13 22 37 44 45 12 27
94 2014-10-04 21 36 37 44 45 3 27
  *************              
95 2013-10-30 5 18 28 40 42 12 28
96 2014-04-23 5 7 11 18 37 2 28
97 2014-05-24 5 7 31 35 38 13 28
98 2014-09-10 5 7 18 31 41 4 28
99 2014-11-01 5 18 27 31 42 18 28
100 2014-12-13 5 21 32 35 38 8 28
101 2015-04-08 5 6 8 18 42 12 28
102 2015-05-09 5 13 21 32 36 4 28
  *************              
103 2013-07-17 21 30 36 38 39 8 29
104 2014-09-20 3 14 21 30 36 19 29
  *************              
105 2013-06-15 6 19 27 35 45 17 30
106 2014-10-08 6 19 24 35 37 7 30
  *************              
107 2014-03-19 11 12 14 26 29 6 31
108 2014-08-06 12 14 26 28 40 4 31
109 2014-10-11 12 14 27 29 41 4 31
110 2015-03-07 8 14 24 26 40 10 31
  *************              
111 2013-05-29 4 6 7 9 14 12 32
112 2014-10-29 4 9 14 34 43 11 32
113 2015-01-28 5 6 7 9 26 8 32
114 2015-04-01 2 6 7 26 32 10 32
  *************              
115 2014-11-05 7 8 13 15 39 5 33
116 2015-01-14 8 12 15 27 39 14 33
  *************              
117 2014-04-02 6 14 26 30 45 4 34
118 2014-11-19 6 30 32 43 45 14 34
  *************              
119 2014-12-10 4 22 23 32 42 8 35
120 2015-03-18 4 23 25 35 42 16 35
121 2015-06-06 4 12 20 22 32 7 35
  *************              
122 2014-02-08 13 14 31 36 38 9 36
123 2014-02-22 17 27 33 36 41 17 36
124 2014-12-31 10 19 27 36 41 13 36
125 2015-07-15 13 33 36 38 41 7 36
  *************              
126 2015-01-03 1 10 24 26 46 19 37
127 2015-01-24 10 18 24 26 45 13 37
  *************              
128 2013-05-18 4 8 11 13 23 2 38
129 2015-01-07 8 13 23 31 41 14 38
  *************              
130 2015-01-31 4 5 21 37 40 7 39
131 2015-05-02 5 21 30 37 40 13 39
132 2013-10-02 5 20 35 36 37 8 39
133 2015-02-25 4 5 19 36 37 3 39
  *************              
134 2014-07-09 17 37 38 43 45 15 40
135 2015-02-04 6 17 37 38 42 5 40
136 2015-03-25 9 16 37 38 42 12 40
  *************              
137 2014-01-11 2 20 22 24 25 1 41
138 2015-02-14 2 14 22 24 36 7 41
  *************              
139 2014-03-05 3 4 8 25 47 17 42
140 2014-06-11 15 21 23 25 32 11 42
141 2015-03-21 3 8 15 25 32 3 42
  *************              
142 2013-06-26 3 19 26 40 45 12 43
143 2015-04-15 3 7 18 40 45 1 43
  *************              
144 2014-09-17 8 21 22 24 33 19 44
145 2015-04-25 8 22 24 31 43 17 44
  *************              
146 2013-05-22 10 11 28 32 40 4 45
147 2015-05-06 11 14 16 28 40 16 45
  *************              
148 2014-04-05 1 7 20 38 44 13 46
149 2015-05-16 1 12 20 30 44 14 46
  *************              
150 2014-08-09 16 19 28 31 34 9 47
151 2015-05-23 18 29 34 36 38 15 47
152 2015-05-27 28 29 31 34 36 18 47
  *************              
153 2014-05-31 14 15 36 41 43 18 48
154 2015-06-03 2 14 19 36 43 6 48
  *************              
155 2014-06-28 1 9 18 20 21 14 49
156 2015-04-29 1 4 14 18 37 8 49
157 2015-06-20 1 18 20 25 37 9 49
158 2015-07-04 1 6 25 26 37 17 49
  *************              

My Best set can be found in Group 39 with the numbers 04 05 21 36 37 40.    I would have the tendency to wheel these six numbers.

As for the Hot Ball itself, the top four picks are 02 04 07 or 12.

Have Fun...........

RJOh's avatarRJOh

Quote: Originally posted by KY Floyd on Jul 18, 2015

"he bought it, won the jackpot, that it was record jackpot for the Hot Lotto game ... "

Tipton really must be a genius to have known weeks ahead of time that it would be a record jackpot.

What if Tipton didn't buy the ticket but another insider who knew he was going to be on vacation in the future and would be the perfect suspect if something went wrong.  This person could have stayed on the job and continued to do things normally and pointed out that Tipton was the only one not accounted for when the ticket was bought.

noise-gate

Quote: Originally posted by RJOh on Jul 18, 2015

What if Tipton didn't buy the ticket but another insider who knew he was going to be on vacation in the future and would be the perfect suspect if something went wrong.  This person could have stayed on the job and continued to do things normally and pointed out that Tipton was the only one not accounted for when the ticket was bought.

' What If"... that is the relevant question. l am of the mind that since this incident took place 5 years ago and knowing how fast technology changes, what are the chances that many foul deeds involving these particular games have not been committed since then? Once again " What if" is the question of the day.

This would or could have been an open & shut case was " if" the clerk who sold the winning ticket in the video could have took the stand and said " Yes, that person sitting at the defense table is the person " who purchased the ticket. l am 100% certain of it. In a word " Game Over" -instead we have people looking at the video and making all kinds of assertions.

Stack47

Quote: Originally posted by noise-gate on Jul 18, 2015

' What If"... that is the relevant question. l am of the mind that since this incident took place 5 years ago and knowing how fast technology changes, what are the chances that many foul deeds involving these particular games have not been committed since then? Once again " What if" is the question of the day.

This would or could have been an open & shut case was " if" the clerk who sold the winning ticket in the video could have took the stand and said " Yes, that person sitting at the defense table is the person " who purchased the ticket. l am 100% certain of it. In a word " Game Over" -instead we have people looking at the video and making all kinds of assertions.

"" if" the clerk who sold the winning ticket in the video could have took the stand and said " Yes, that person sitting at the defense table is the person " who purchased the ticket. l am 100% certain of it."

I Agree! and why didn't the prosecution put that clerk on the stand?

KY Floyd's avatarKY Floyd

"What if Tipton didn't buy the ticket but another insider ... "

Based on what we know that's certainly seems like it might be possible. The Lottery is admitting that they've got lousy security protocols that can't prevent people from tampering with the equipment, so who's to say somebody else didn't do exactly what they're claiming Tipton did? The problem with somebody else setting Tipton up to take the fall is that several of the people who seem to have been involved in trying to collect the prize seem to have connections to Tipton.

"why didn't the prosecution put that clerk on the stand?"

Because there's zero chance that the clerk has any memory of a customer who was in the store for 60 seconds 5 years ago?

noise-gate

Quote: Originally posted by KY Floyd on Jul 19, 2015

"What if Tipton didn't buy the ticket but another insider ... "

Based on what we know that's certainly seems like it might be possible. The Lottery is admitting that they've got lousy security protocols that can't prevent people from tampering with the equipment, so who's to say somebody else didn't do exactly what they're claiming Tipton did? The problem with somebody else setting Tipton up to take the fall is that several of the people who seem to have been involved in trying to collect the prize seem to have connections to Tipton.

"why didn't the prosecution put that clerk on the stand?"

Because there's zero chance that the clerk has any memory of a customer who was in the store for 60 seconds 5 years ago?

I Agree!But the prosecution's attempt at going for the jugular with the appearance of the store clerk on the stand could make an  impression with a gullible jury even though he could be lying.All the store clerk has to do is show up..

Prosecutor : Are you sure that's the same guy?- Yes l am.

Defense: How can you be absolutely certain it's our client? - Because of the video Counselor, take a look Sir, that's me behind the counter. Next question. 

NO further questions your Honor. .." Game Over".

KY Floyd's avatarKY Floyd

Quote: Originally posted by noise-gate on Jul 19, 2015

I Agree!But the prosecution's attempt at going for the jugular with the appearance of the store clerk on the stand could make an  impression with a gullible jury even though he could be lying.All the store clerk has to do is show up..

Prosecutor : Are you sure that's the same guy?- Yes l am.

Defense: How can you be absolutely certain it's our client? - Because of the video Counselor, take a look Sir, that's me behind the counter. Next question. 

NO further questions your Honor. .." Game Over".

Are you serious or just trying to be funny? Unless there was some bizarre reason that the clerk really remembered the encounter in the store even a lousy attorney would have a field day during the cross examination, and the video makes it pretty clear that there wasn't anything unusual about the encounter. A nondescript customer walks in, buys a lottery ticket, and leaves. Do you think that even the stupidest person on the jury will believe the clerk actually remembers the guy 5 years later?

noise-gate

Quote: Originally posted by KY Floyd on Jul 19, 2015

Are you serious or just trying to be funny? Unless there was some bizarre reason that the clerk really remembered the encounter in the store even a lousy attorney would have a field day during the cross examination, and the video makes it pretty clear that there wasn't anything unusual about the encounter. A nondescript customer walks in, buys a lottery ticket, and leaves. Do you think that even the stupidest person on the jury will believe the clerk actually remembers the guy 5 years later?

Serious/ funny- a little of both Floyd.

Talking about a jury: Remember Johnny Cochran " If it doesn't fit- you must acquit". There have been stupid juries in the past and will be in the future. The Prosecution did tell the jury that in order to reach a verdict  " use common sense"- let's see how common sense prevails in this case!

Guru101's avatarGuru101

I don't think there's enough evidence that proves, beyond a reasonable doubt, that he's guilty, so there's a good chance he'll be found not guilty. We all want justice, but if the evidence isn't there, it isn't there. If you think someone getting away with a crime is bad, try being one of the many people who have been found guilty of a crime they didn't commit, just rotting away in prison.

Stack47

Quote: Originally posted by Guru101 on Jul 19, 2015

I don't think there's enough evidence that proves, beyond a reasonable doubt, that he's guilty, so there's a good chance he'll be found not guilty. We all want justice, but if the evidence isn't there, it isn't there. If you think someone getting away with a crime is bad, try being one of the many people who have been found guilty of a crime they didn't commit, just rotting away in prison.

"I don't think there's enough evidence that proves, beyond a reasonable doubt, that he's guilty"

It looks like they had more evidence than the news stories indicated because the jury found Tipton guilty.

Drivedabizness

The headline is misleading.

 

MUSL employees are not "vendor" employees. MUSL is the sanctioning body for the game - which is offered by member lotteries.

 

Words are important.

End of comments
Subscribe to this news story