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All or nothing: Lottery player rejects $1.7M lost-ticket offer

Massachusetts LotteryMassachusetts Lottery: All or nothing: Lottery player rejects $1.7M lost-ticket offer

A gutsy Cape Cod retiree coolly bet a bundle on Lady Luck yesterday, rejecting a sure $1.7 million share of a discarded Lottery ticket in a high-stakes bid to win it all.

Raymond MacDonald turned down an offer to split the remainder of a $4 million scratch ticket he claims he bought but mistakenly gave to the convenience store clerk to enter in another drawing.

Instead, Julie Prive cashed in.

In a last-ditch effort to avoid a second civil trial, the former Tedeschi's store clerk made an offer that would allow her to keep the $600,000 she has already collected and split the remaining $3.4 million with MacDonald, according to MacDonald's attorney, Leigh-Ann Patterson.

"It's not fair for her to keep $600,000 and to not throw that into the mix. That needs to be taken into consideration," Patterson said.

Prive's attorney, Jeremy Carter, said he was "surprised" MacDonald didn't accept Prive's "extremely fair" offer. He wouldn't discuss specifics.

"He's got an uphill battle," Carter said.

MacDonald, 65, and fellow Falmouth customer Monica Hertz, 62, sued Prive after she cashed in the winning ticket in 2002.

MacDonald says he mistakenly gave Prive the winning ticket - thinking it was a loser. He and Hertz had bought a bunch of tickets at the convenience store on May 17, 2002, he said, and gave Prive the pile they had scratched, intending Prive to enter them in a second-chance contest - unaware the $4 million winner was in the mix.

MacDonald originally offered to split the entire $4 million with Prive, who declined and offered him $20,000 to drop the lawsuit.

A jury came up deadlocked last week after a five-day trial.

MacDonald vowed to go back to court after a majority of the jurors - 10 of the 14 - said they believed he was the ticket's rightful owner. MacDonald won $2 million on another scratch ticket in 1997.

Both sides met yesterday before a Barnstable judge, who again urged them to settle.

They negotiated for nearly an hour but failed to reach an agreement. Prive, now 28 and pregnant, "flat out" refused a proposal to pursue mediation, Patterson said.

A tentative trial date was set for Jan. 19, 2005.

"I was quite hopeful we were going to be able to settle the case . . . . we were not able to bridge the gap," Patterson said.

Boston Herald

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17 comments. Last comment 12 years ago by tg636.
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nobie23's avatar - squiz

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Posted: August 25, 2004, 10:00 am - IP Logged

It looks like greed rules everything. The man who claims to have bought the winning ticket and discarded it or gave it to the clerk is basically "SOL".

He already won before so he should have taken the $1.7 million settlement. I guess it wasn't enough for him to gamble with.

 

nobie23

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    New York
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    Posted: August 25, 2004, 10:03 am - IP Logged

    How can stupidity win???  If in fact that was his ticket (Oh yes, his rare scratch pattern that no one else could do!) he gave it up!  The clerk didn't rob him, nor did she force him to hand over the ticket. 

    The court needs to rule in favor of the ticket holder, not a whiny loser!!!  The ticket is an official document... not some claim to have owned it for a few moments.

     

    Come on America! Wake up and stop this kind of crap from tying up the courts... he lost it Game over!!!!

      ONEDAY's avatar - DiscoBallGlowing
      OHIO
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      Posted: August 25, 2004, 11:51 am - IP Logged

      this is stupid..because pride..and greed they want it all..there lucky she even wants to give them anything..it became her ticket when it went into the trash..a sore loser should take what its is offered..but again pride and greed are there..

      have a great winning day!

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        Posted: August 25, 2004, 2:50 pm - IP Logged

        I honestly hope he loses everything now and never sees a penny of that money.  I think $1.7 million for a ticket you didn't sign, never had possession of and under lottery rules have no rights or entitlement to is a damn good deal. Plus he could stop thinking about this madness and enjoy the few years he has left.

        Had Prive not opened her big mouth and had she just quietly cashed the ticket in 4 months later, McDonald would never have known he might have lost a winning ticket. The question I have is - would he have had any suspicion that he had lost a winning ticket had not Prive spoken about finding a ticket? If his pile of losing tickets had been tossed in the trash, would he have thought later "I might have had a winner in that bunch, I should go back and check them again"? I don't think so. Therefore, the $1.7 mil is found money, not winnings he would had if Prive hadn't been so sly and crafty to get the ticket away from him. The offer of $1.7 mil is to make him shut up and go away. It is not him being gypped out of part of "his" winnings. He doesn't have any winnings; that possibility ended when he gave his pile away of his own free will.  He thinks and theorizes that he does, but he never saw the winning ticket.  Or are there some people who notice they have won $4 million, but just continue scratching and put the $4 million winner in with the losers intending to fish it out later but just forget to do so?

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          East Jordan, MI
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          Posted: August 25, 2004, 4:14 pm - IP Logged

           

          What probably happened here is that his attorney gets a major percentage if he wins the case.  Sooooo let's say they split the judgement 50/50 (conservative).  I guess Mr MacDonald isn't happy with 850K.


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            Posted: August 25, 2004, 4:20 pm - IP Logged

            The story that won't go away.

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              Posted: August 25, 2004, 6:12 pm - IP Logged

              Im tired of that old man. Doesnt the lottery say that unless you sign the ticket its not yours he did not sign the ticket. Julie did so she is the rightful owner of this winning ticket. I feel sorry for him because if that would happen to me I would probably do the same thing as him although I would know I would most likely lose.  Now this woman offers him 1.7 million if he doesnt take that then he is very greedy and I really hope he doesnt get nothing. Hes old hes already won 2 million and he will probably die soon. Julie is just starting a family and most likely needs the money much more then the retiree does.


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                Posted: August 25, 2004, 6:20 pm - IP Logged

                No, he has not won $2 million, since he is still receiving payments.

                  Littleoldlady's avatar - basket
                  Clarksville
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                  Posted: August 26, 2004, 1:03 am - IP Logged

                  That's sad..He is so greedy, he cannot let go..well at the next trial, I hope he gets full up and throws up.  he is betting on the fact that "most" of the jurors thought it was his..well at the next trial..maybe 9 of them will think it is his..then what? another trial?

                  If you know your number is going to hit, have patience and then KILL IT!

                  You never know when you will get another hit.

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                    tn
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                    Posted: August 26, 2004, 3:14 am - IP Logged

                    i disagree with all of you,i hope he gets everything. i think she is guilty,i am in a minority i know,i think she took advantage of them.if she knew he gave it to her she should have given it back to him. her and her husband acted suspisious. you people are really uncaring,he is an old man,what if it happened to someone you loved? would you still feel the same way?she offered to split it with him,she is guilty,if i was innocent i would tell them where to go. she knows she is screwed,they are caught,and acting like trapped rats. if any of you ever loose a winning ticket  and i find it,i will keep it,since that is how you all feel. he isnt greedy,he wants what is his. i would hate to have you all on a jury against me.

                      RJOh's avatar - chipmunk
                      mid-Ohio
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                      Posted: August 26, 2004, 3:51 am - IP Logged

                      Quote: Originally posted by phantomelm on August 26, 2004



                      ................if any of you ever loose a winning ticket  and i find it,i will keep it,since that is how you all feel......................... i would hate to have you all on a jury against me.





                      You want it both ways...if it's you who finds a winning ticket you keep the winnings and if it's you who thought you threw it away, you want the winnings.  A jury can't make a decision both way.

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                        tn
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                        Posted: August 26, 2004, 4:13 am - IP Logged

                        no,i don't want it both ways. i think i misphrased it. i meant that if i find their ticket and it's a winner i will keep it,since they feel that way about it. i wouldnt throw a ticket away that's a winner,i check them. i just think the man made a mistake and gave it to her,she noticed and was dishonest and didnt give it back to him. there's a difference in finding somehting lying on the street,and someone mistakenly giving you a ticket like that.now if i see someone drop something i would give it back to them,i guess maybe i am a little more honest than most people on here.i just know that GOD is watching.i wouldnt want them on a jury against me,with the kind of evidence they are judging on ,they say he shouldn't get the money. they would probaly rule against me,lol. i think if the man can prove it was his ticket,he should get the money,i would want it all if it were mine. i dont think his age should be made a factor. someone said he is old and will probaly die,soon and the woman is young  and that she needs it more. it  doesn't matter who needs it more,if it was his ticket. there are just a lot of cold hearted people on here. i don't care if someone knocks me for my way of thinking. everyone is entitled to an opinion. just don't judge the case without reading it first. to me from what i read the young couple that cashed it in,were crooks.

                          fja's avatar - gnome1

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                          Posted: August 26, 2004, 8:25 am - IP Logged

                          looks like the old man wanted wanted to originally split it at 2 million apiece with the store clerk....the store clerk wants to keep the 600K she has already recieved and split the 3.4 million thats left....I think thats where the stalemate is....and to me it sounds like a pretty fair offer....I don't have the exact details so I cant say which way I would go...

                          "Everybody has to believe in something...I believe I'll have another beer!"   = W.C.Fields                      

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                            Posted: August 26, 2004, 11:34 am - IP Logged

                            >i would want it all if it were mine.

                            Well, I would too. That's why I would LOOK at the ticket very carefully before I gave or threw it away. 

                            I think what gets ignored in this case is that if McDonald hadn't given Prive his losing tickets for the second chance drawing, he would have just thrown them away.  He would have thrown the jackpot winner away and it would have been gone, and neither he nor Prive wouldn't have had $4 million, $1.7 million or anything else...they would have had $0 and never known what they had lost. He did not know he had a winner and would never have known if Prive hadn't examined her pile of tickets 

                            Does he deserve the money even if can prove the ticket was once his? No, because he willingly gave it away - winner or loser, it was no longer his, and lottery tickets belong to whoever has them, unless they are outright stolen.  Saying "I didn't mean to" is to be expected, but he did what he did. While he doesn't deserve any of the money and should lose the legal case by the lottery's own rules, it is up to Prive to give him something if she wants.  Those rules have a reason - so that Tony Soprano-like bullies and thieves can't muscle in on someone else's winnings just by saying they bought the ticket but lost it.  Anyway, Prive offered $1.7 million, McDonald rejected, now he'll lose the next court case too and get nothing and she'll have a good life after the case is over.  Legally he should lose, but morally/ethically is another story -  but if it were me, I think any twinges of guilt I had would be gone after he rejected my offer. Because I would know that if I hadn't come along and looked at the ticket, it would have gone in the trash and he would have got nothing.