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MUSL seeks to dismiss lawsuit over rigged jackpot

Apr 1, 2016, 10:21 am

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A group of state lotteries has asked a judge to dismiss a lawsuit filed by a jackpot winner who argues he was shortchanged by millions of dollars because the prior drawing was rigged by one of its employees.

In court documents filed this week, the Multi-State Lottery Association argued that Iowa resident Larry Dawson does not have legal standing to sue because his "claimed injury is merely speculative and hypothetical, and therefore cannot be redressed."

Dawson, of Webster City, filed the lawsuit in February. It is the first stemming from jackpot-fixing allegations against former lottery association security director Eddie Tipton.

(See First lawsuit in state lottery-fixing scandal seeks millions, Lottery Post, Feb. 4, 2016.)

Tipton has been convicted of rigging a $16.5 million jackpot in December 2010 by tampering with the computer that generated Hot Lotto numbers at the Urbandale, Iowa-based association, then purchasing a ticket with the winning six-number combination himself. That money was returned to the 16 states that participate in Hot Lotto when associates of Tipton tried, but ultimately failed, to claim the prize a year later.

After the rigged jackpot, the Hot Lotto prize reset to its $1 million base. Dawson won the game's next jackpot, worth $9 million, in May 2011. He argues that, under the rules of the game, the money from the rigged drawing should have rolled over and created a $25.5 million pool for the jackpot he won rather than being shared by the states as an unclaimed prize.

In a legal brief, the association argued that Dawson's claim that the prize money would have continued to carry over until he won is "complete speculation and conjecture."

"Had the December 29, 2010 Hot Lotto game not been allegedly rigged, different numbers would have been drawn on that date and may have resulted in a different jackpot winner," association attorneys wrote. "Moreover, had the jackpot continued to progressively increase following the December 29, 2010 drawing, the player pool for all drawings would have increased as well, resulting in more number combinations being purchased for each drawing, until a jackpot winner was chosen."

Therefore, the likelihood of someone winning the jackpot before Dawson would have increased and the $9 million jackpot he won "may very well have been less," they wrote.

One of Dawson's attorneys, Nicholas Mauro, said Thursday that Dawson's injuries weren't hypothetical.

"There is nothing speculative about the fact the December 2010 drawing was rigged, or the fact Mr. Dawson was the next legitimate winner," he said. "According to the rules of the game — in which the lottery asks the public to put its faith — his jackpot should have included the December 29, 2010, prize money."

AP, Lottery Post Staff

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37 comments. Last comment 5 years ago by KY Floyd.
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Chasing $ Millions.
White Shores- California
United States
Member #136471
December 12, 2012
6634 Posts
Offline

Nothing ventured- nothing gained.

 * Voice of Reason *   

* The Truth Hurts *

People who say it cannot be done should not interrupt those who are doing it- George Bernard Shaw.

    sully16's avatar - sharan
    25
    Dr.President Elect
    Michigan
    United States
    Member #81738
    October 28, 2009
    86467 Posts
    Offline

    See all the problems you caused Eddie! Chair

    US Flag

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      Akron, Ohio
      United States
      Member #145641
      August 10, 2013
      39 Posts
      Offline

      Eddie proved that the musl lotteries are #fake

        TnTicketlosers's avatar - Lottery-065.jpg

        United States
        Member #71118
        February 19, 2009
        1224 Posts
        Offline

        Yea sometime when get a few minutes go to Tn lottery .....look at all the $5000.oo payouts on pick 4 ...but they say ours is generated...yea right.

          Avatar

          United States
          Member #113295
          July 6, 2011
          51 Posts
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          "See all the problems you caused Eddie! Chair"

          I Agree!

          LMAO.... Loved your post!

            Avatar
            Wyomissing, PA
            United States
            Member #161043
            November 15, 2014
            481 Posts
            Offline

            While it's debatable whether that jackpot winner was short-changed, players who bought tickets in the fixed drawings certainly were! Players should get refunded and/or receive coupons for future play.

            Though, that may be impractical due to many players tossing their tickets. Thus, the next best thing would be all participating Hot Lotto lottery jurisdictions offering millions of dollars in free added play for players. Ie. Buy 1 $5 instant ticket, get 1 free, etc. Basically, the participating lotteries should make it right for players and not profit from the rigged drawings. That means giving back all the wagers from the rigged drawings plus the forfeited jackpot funds too via extra prizes / coupons, etc - the lottery jurisdictions shouldn't be getting any of that money, players should!

            Why any sane player would buy a Hot Lotto ticket is beyond be, but many still do. Heck, in my view, all regional RNG games, especially those involving MUSL, are suspect at this point, and best avoided; played sparingly with the understanding that there's a real probability of the game being fixed.

            Fortunately, some regional games don't use RNG for drawings, such as Cash 4 Life  - balls are used, and is telecast / webcast, from my understanding, in near real-time. Not sure about Lucky for Life, but may be similar. So there are alternatives to Hot Lotto that use tried and true ball drawings. All lottery numbers games should.

              spartan1707's avatar - Lottery-050.jpg
              Tucson
              United States
              Member #119757
              December 2, 2011
              104 Posts
              Offline

              So Glad this Lawsuit is bringing to light the fact that he is right. The game was rigged and they went after the person and now someone is going after them. They lied got caught and now they are looking for the Judge to help hid the Facts!!!

                Avatar
                Kentucky
                United States
                Member #80612
                October 1, 2009
                16 Posts
                Offline

                What's going to happen to the jackpot money? I think they should add it to the current Hot Lotto jackpot.

                I will quit playing the lottery, as soon as I break even.

                  Avatar
                  Kentucky
                  United States
                  Member #32651
                  February 14, 2006
                  9189 Posts
                  Offline

                  What's going to happen to the jackpot money? I think they should add it to the current Hot Lotto jackpot.

                  The money was probably returned to the participating states, but Larry Dawson is arguing because he was the next jackpot winner, he should get the money. The MUSL is arguing Dawson does not have legal standing to sue because his "claimed injury is merely speculative and hypothetical, and therefore cannot be redressed."

                  It's easy to say that Dawson was "merely speculating" because every player that buys a ticket in any lottery game is speculating they will win the jackpot. MUSL proved the 1/29/2010 drawing was rigged and they are saying it was possible for other players to choose Tipton's numbers and still had a chance to win that jackpot.

                    Avatar

                    Slovenia
                    Member #172917
                    February 9, 2016
                    46 Posts
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                    I don't think that Dawson should get more money.

                    Had the lottery not been rigged, different numbers would have been drawn on later draws and he probably wouldn't win anything. So ironically, Dawson actually has to thank Tipton for inadvertently making him win.

                    What the lottery should pay however, is a refund on every loosing lottery ticket that they sold for rigged draw. Rules of the game state that the draws are random, therefore, the lottery house was in violation of its own rules. People didn't get what they paid for, so anyone who can prove that they bought a loosing ticket for the rigged draw should get a refund with interest.

                      KY Floyd's avatar - 3 hour-tour.jpg
                      NY
                      United States
                      Member #23834
                      October 16, 2005
                      4412 Posts
                      Offline

                      "Had the December 29, 2010 Hot Lotto game not been allegedly rigged ..."

                      So it's safe to believe that the official position of MUSL is that Tipton isn't guilty beyond a reasonable doubt? I'm sure his attorneys will be very glad to hear that.

                        JAMORA's avatar - ladyclover
                        NC
                        United States
                        Member #164391
                        February 28, 2015
                        3760 Posts
                        Online

                        The money was probably returned to the participating states, but Larry Dawson is arguing because he was the next jackpot winner, he should get the money. The MUSL is arguing Dawson does not have legal standing to sue because his "claimed injury is merely speculative and hypothetical, and therefore cannot be redressed."

                        It's easy to say that Dawson was "merely speculating" because every player that buys a ticket in any lottery game is speculating they will win the jackpot. MUSL proved the 1/29/2010 drawing was rigged and they are saying it was possible for other players to choose Tipton's numbers and still had a chance to win that jackpot.

                        If the only winning ticket was produced by the Tipton scandal, then yes it would have rolled over, and he is due the amount it was at and the roll over...Tipton isn't the only crook here....

                        Did anyone else have a winning ticket? I don't see that....

                        "Don't waste time, it's the stuff life's made of..."

                        VTs are like looking for a sewing kit in a haystack as opposed to looking for the needle.

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                          Maryland
                          United States
                          Member #162427
                          January 2, 2015
                          2553 Posts
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                          This is really good that they are bringing this suit.  I helps show the implications of what Tipton did.  The more legal eyes we can have on this case (Tipton's) the better. 

                          It also shows every other lottery what happens if they allow a Tipton to infect them. 

                          I would like to see the court award him the money! That would REALLY make the lottery's stand up and listen. 

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                            United States
                            Member #141028
                            April 2, 2013
                            1481 Posts
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                            Just pay the man and quit your crying.

                            Seek and ye shall find -Matt. 7:7 ...Ask and ye shall receive -John 16:24 ...Give and it shall be given unto you -Luke 6:38 ...Be careful what you ask for!!! -Mypiemaster 1:1

                            Having Money Solves Problems That Not Having Money Creates Yes Nod ****John Carlton****