Multiple parties still embroiled in gooey legal battle over who owns the winning ticket
By Kate Northrop
With the expiration date just weeks away, a retailer is asking a judge to freeze a ticket that won a $12.8 million Arizona Lottery The Pick jackpot while the court figures out who it belongs to.
Circle K is trying to get a judge to stop a $12.8 million jackpot-winning ticket from expiring until the legal dispute over ownership is finally determined.
In February, the Arizona Lottery found itself named in a messy but fascinating lawsuit involving a Circle K employee and said company, the latter of which has been starting to take measures to ensure that no one loses out.
The legal battle involves Circle K store manager Robert Gawlitza, who clocked out, changed out of his uniform, and purchased a lottery ticket left behind by a customer the day after it won a $12.8 million jackpot.
"Who goes out to their car and changes their clothing to come in to purchase tickets unless you have a plan?" attorney Josh Kolsrud told 12News. "If there's any evidence that he was aware of what was going on, and used that knowledge, that insider knowledge, to buy that ticket, Circle K wins this case."
Before Gawlitza could cash it in, corporate at Circle K caught wind of the transaction in Scottsdale and stepped in. The company acquired the ticket and secured it for safekeeping until rightful ownership could be determined.
Gawlitza argues that, since he technically purchased the ticket, the jackpot should be his. But Circle K cited Arizona Administrative Code that says tickets returned to the retailer and remain unsold are owned by the retailer.
The store chain filed a lawsuit against Gawlitza and named the Arizona Lottery as a defendant to prompt the court to determine whether the ticket sale was valid to begin with and who is entitled to the prize, but time is running out.
It's because lottery winners in Arizona have 180 days from the draw date to claim prizes, and with the drawing having taken place back in November 2025, the deadline is this month.
In April, Circle K filed a temporary restraining order to ask Judge Kreamer to stop the Arizona Lottery from allowing the ticket to expire on May 23 so that legal proceedings can continue and ownership can be determined.
"It's basically Circle K telling the lottery to push the brakes and not do anything until Judge Kreamer decides the issues in the case," Kolsrud explained in an interview.
Court records show that a hearing is scheduled for May 15.
Kolsrud believes that this unique case could turn out to be a great learning opportunity for future lawyers.
"This will totally be a question on the State Bar," Kolsrud remarked. "So law students, beware, this case is coming to you."
Circle K has many legal matters and settlements going on, and those payments could come from this $12 million lottery money. Circle K is not a saint here. If this were only a $10,000 winning ticket, would Circle K really hire law firms charging $300 per hour to defend its store policy, business principle, and lottery integrity? Probably not. That is why they are fighting so hard in court.
If this were only about store policy and principle, they could let the ticket expire and end the fight. But they are asking the judge to keep the $12 million prize alive. That says plenty.
it's probably about protecting their image too. if someone who doesn't follow the details of news stories just hears "circle k employee claims customer's winning ticket," they're going to stop buying tickets at circle k. they aren't going to look into it more and learn the whole story.
strange things are afoot at the circle k
* Here's a question: Why did Robert change out of the company uniform & go back in to purchase the ticket unless he knew what he was doing was against company policy?
* As an example: If you driving a red getaway car in a bank heist do you ditch the red car for another color or not? What was your purpose in switching cars to evade arrest or you simply thought another color would be a good idea?
Couldn't the prize be placed in an escrow until true ownership is determined?
I don't think the Expiration Date should be extended for this ticket or any ticket that is deemed a winner according to MUSCL and any state lottery that has expiration dates printed on the ticket.
It undermines the integrity of the lottery if the Court allows the date to be frozen or extended, possibly every state lottery could be sued and the date becomes meaningless.
The parties involved were aware of the pending date and should have asked a judge for a expedited hearing on the ownership of the ticket.
Whenever I go onto a retailer buy lottery or whatever .If I see a ticket that someone didn't purchase on the machine,I always ask is it for sale and if so I'll buy..I just did that a couple of days ago on a Powerball ticket.. Unfortunately it wasn't a winner.. Yeah that was shady on the worker and he should have purchased it before the drawing.I see no problem in that..
Why don't they cash the ticket and split 50/50? It's found money for both parties. If they let the ticket expire then it's nada.
I agree that's the best possible solution around the expiration looming.
The ticket is between the holder and the lottery. The vendor circle k has zero legal standing simply cuz it's a work policy. Cash in, cash out.
Technically the person was no longer on the clock.
Only thing I may be confused on . Is, : had the drawing already happened and it was the next day , so he bought it knowing it was the jackpot winner ??
He knew it was a winner and clocked out and came back as a customer to buy the winning ticket. Just give the guy da money.
When Gawlitza was behind the counter, why didn't he just put the money in the register and take the ticket? The ticket was already printed and Circle K now has the money. If he was concerned about cashing it since he was an employee he could have asked someone else to cash it for him. He didn't need to change into civilian clothing or even disclose that it was he that purchased the ticket.
If I had to guess, this employee probably found winning tickets in the past and the company probably kept them without giving him or any other employee a dime. Probably didn't want them to keep 12M. Either way, should have just kept the ticket, dropped cash in the drawer to balance the lottery sales ledger and kept his mouth shut. Highly doubt the lottery will extend the claim period as the state benefits greatly if the ticket goes unclaimed. Greed has consequences.
The legal battle involves Circle K store manager Robert Gawlitza, who clocked out, changed out of his uniform, and purchased a lottery ticket left behind by a customer the day after it won a $12.8 million jackpot.
What do you mean "left behind by a customer"? The lottery can't find the customer?
They can't roll back the camera and find the customer who purchased it in the first place?
That's who I think should get it, if the customer didn't want it that's another story but I
read as a customer accidentally left it there.