Original buyer of $1M lottery ticket identified

Comment #43

CASH Only — Sun, 25 Dec 2005 21:24:06 GMT

Why is this thread always bumped up? The prize was annuity-only. We should be talking about prizes paid in lump sum.

Comment #42

Rip Snorter — Sun, 25 Dec 2005 21:13:20 GMT

You're restating the obvious, Raven, and the irrelevant. Court cases are going to be where it's decided where truth and justice are to be found in this instance.Maybe you won't like it, maybe I won't like it, but it's reality and it's stamped firmly there in civil and criminal codes.Thank goodness.Life would be fairer sometimes, sometimes more filled with warm huggies, if we just went by gut-feel concepts of truth and justice as you and I percieve them. But there'd also be a lot more of what a... [ More ]

Comment #41

Raven62 — Sun, 25 Dec 2005 21:02:54 GMT

Court Cases have nothing to do with Truth or Justice. If the Dumpster Diver didn't retrieve the Ticket from the Trash Bin the Ticket would now be in some land fill somewhere, Lost forever.

Comment #40

Rip Snorter — Sun, 25 Dec 2005 20:45:15 GMT

Probably all insignificant where a lot of money's concerned, Raven. Someone pointed out that before people make pronouncements about legalities they ought to be aware of what the laws say. This one's complicated enough so's, unless you and I are lawyers, we don't have a clue of what the outcomes will be.Rhetorical questions won't be deciding factorsI'm not a lawyer. I'm just an old country boy in New Mexico

Comment #39

Raven62 — Sun, 25 Dec 2005 20:41:38 GMT

Were the Police called? Was the Dumpster Diver Arrested? Does The Dumpster Diver still have possession of the Ticket

Comment #38

Rip Snorter — Sun, 25 Dec 2005 20:34:46 GMT

I don't need proof otherwise, Raven.I'm not the guy with the ticket.We have no idea what transpired between him and the store staff when all that went on. But the store has it all on camera, which will qualify as proof.The lawyers are going to have their day on this one. And I'd say there's a middling chance the dumpster diver will walk away being glad he ain't in jail before it's over.If he didn't specifically ask permission to take that ticket, and if the store manager didn't specifically gi... [ More ]

Comment #37

Raven62 — Sun, 25 Dec 2005 20:31:43 GMT

Do you have proof otherwise

Comment #36

Rip Snorter — Sun, 25 Dec 2005 20:29:01 GMT

Do you know that for a fact, Raven62, or are you just guessing?It's clear they didn't have him arrested for theft. But the legal question of whether they tacitly consented to allowing him ownership of the ticket seems to me to be entirely up for grabs.They certainly have him on the security camera taking the ticket.I'd bet if the dumpster diver wins his court case against the original purchaser his legal battles over the money haven't even begun. And the party of the second part definitely has... [ More ]

Comment #35

Raven62 — Sun, 25 Dec 2005 20:25:37 GMT

The store was aware of the dumpster diver's find and relinquished all claims to the Lottery Ticket by allowing the Dumpster Diver to remove the Ticket from the premises.

Comment #34

Rip Snorter — Sun, 25 Dec 2005 19:50:41 GMT

The legal issue boils down to only a few points:Whether this guy can prove he was the purchaser,Whether he still owned the tickets after he deliberately discarded them,Whether the ownership passed to the store, or not, or to anyone who retrieved them,Whether ownership passed to the dumpster diver when he retrieved them,Whether there was 'consent' on the part of the store for the garbage that presumably still belonged to them to be claimed by the dumpster diver, and if not, would they have allowe... [ More ]

Comment #33

Raven62 — Sun, 25 Dec 2005 19:41:26 GMT

Possession is nine tenths of the law, so it becomes the true owners responsibility to prove that they are the owner.

Comment #32

justxploring — Sun, 25 Dec 2005 19:33:54 GMT

While it may be presumed that the person in possession of a bearer instrument is the owner, there is absolutely nothing in the law that says that simple possession of a bearer instrument, or any other property, is proof of ownership.I agree with this statement. Every law or rule, no matter how clearly stated, can be challenged because there is often a gray area. The woman who stole a purse and claimed the winning ticket or the clerk in AZ who cashed in a ticket she stole were also bearers, but t... [ More ]

Comment #31

Raven62 — Sun, 25 Dec 2005 19:02:56 GMT

Gamblers spend their money on games of chance, if you don't like the game stop playing.

Comment #30

CASH Only — Sun, 25 Dec 2005 18:46:46 GMT

I'd rather stick a $20 in a stripper's g-string than spend it on annuity-only tickets.

Comment #29

Rip Snorter — Sun, 25 Dec 2005 18:44:58 GMT

In the final analysis the Courts seek to uphold the law. Fair has nothing to do with it unless the statutes are written with that in mind, which they sometimes are, sometimes aren't.But those lawyers in a good court aren't going to be allowed to present evidence about abstractions. They're going to have to present evidence pertaining to precisely what the statutes codify. Nothing less, nothing more.Fair is just a concept with too much elbow room inside it to allow it in a court of law.Jack... [ More ]

Comment #28

mylollipop — Sat, 24 Dec 2005 03:38:57 GMT

Sometimes you're the windshield, sometimes you're the bug... DoubleDownI have never hear it put like this. DoubleDown. I could have claimed that I threw my ticket away too. I thought that it was so sad to harass the man about his good find. One man's trash is another's treasure. His ignorance in throwing the ticket away does not give him the right to claim it. HIS NAME ON IT ANYWHERE???? Let me trapst from Alabama to claim that it was mine. How ridicolous! Have any of you heard the story... [ More ]

Comment #27

DoubleDown — Wed, 21 Dec 2005 19:16:33 GMT

Excellent point, K.I purchased a dozen paper slot machines this past weekend and scratched them with family members. We put the winners in a stack( not very many) and the losers in another.As a rule I keep all losers for tax purposes, but I also like to look at them one more time.Well, as I was looking at them that second time, I found a number we missed, and it was worth $10, so the moral is don't throw them in the trash-we all make mistakes and need to be darn sure they are losers before disca... [ More ]

Comment #26

konane — Wed, 21 Dec 2005 14:35:31 GMT

Seems to be a prudent message that if something has importance to you such as a $600 roll of scratch-offs then exercise due care in handling them.Take them to your auto or home to scratch them in a safe and organized manner.Go through them carefully at least 3 or more times to verify any potential wins.Sign winning tickets.Make photos, scans or copies of winning tickets.Maintain winning tickets in a safe place even if signed.Most of all announce the win only after you've claimed it at lottery he... [ More ]

Comment #25

Iesha Kelly — Wed, 21 Dec 2005 04:26:08 GMT

i always thought the difference between the dropped 20 dollar bill and a tossed away 20 dollar bill was a big one. in one case you didn't mean to lose it, it just dropped. it's still yours. or at least, it should be. just like losing the keys to your car doesn't give the finder of those keys possession of the car as well as your keys.now, if you purposefully dropped that 20 dollar bill in the trash bin, or stuck it in a stripper's g string, it's gone. you gave it away, you threw it away. you... [ More ]

Comment #24

Iesha Kelly — Wed, 21 Dec 2005 04:20:24 GMT

I agree. Something's fishy. may just be an innocent fishy. either way, donovan ed up by throwing his tickets away.it's one thing if the ticket is stolen, or if the tickets were actually lost (he had it in his coat pocket, and the wind blew in such a way that things got scrambled). that would be horrible, but there would be sympathy for him.when you personally put something in the rubbish bin, though, you are giving up all claims to owning it. you can't set a couch out in the student ghetto,... [ More ]

Comment #23

demonter — Wed, 21 Dec 2005 01:47:15 GMT

In final analysis, the Courts seek fairness. What is Fair here?Cut and dry? Anyone who has ever dealt with the Courts as either a planitiff or a defendant knows that nothing is cut and dry to the Court. The judge/jury must hear the facts and decide what is fair. It's anyone's guess.

Comment #22

TheGameGrl — Wed, 21 Dec 2005 00:28:10 GMT

I concur with Konane.KYFloyd- Did you study Massachusett state law? What Section code describes the rights of property verses a bearer's instrument. Might do some good to do a google search on Massachusett law and how it pertains to this case. I was amazed when I read up on it

Comment #21

KY Floyd — Tue, 20 Dec 2005 23:59:57 GMT

fja wrote:<< Would there be a difference in losing an unsigned jackpot ticket, claiming it as lost and showing proof of its ownership,,,then throwing away a unsigned jackpot ticket that that you viewed it as a loser and discarded it....(which is why he's stating that he knew it was a winner and just put it in the wrong stack of tickets)Not that I no what a judge would say, and I've heard everything there is to hear about this case....but if you decide on the basis of the law without predjudice o... [ More ]

Comment #20

Chewie — Tue, 20 Dec 2005 20:01:25 GMT

When you are raised in a society where you don't have to stand on your own two feet and be what you are, it is easy to start looking for some ones elses shoes to stand in - soon you can't tell the difference between their shoes or their pockets.

Comment #19

konane — Tue, 20 Dec 2005 19:47:41 GMT

Hey, I'd choose St. John hands down based on the information we've been privy to. His big mistake was in not cashing in the ticket before he announced it..... which precisely how a potential winner would handle my winning ticket I used as an illustration above.

Comment #18

fja — Tue, 20 Dec 2005 19:34:47 GMT

Would there be a difference in losing an unsigned jackpot ticket, claiming it as lost and showing proof of its ownership,,,then throwing away a unsigned jackpot ticket that that you viewed it as a loser and discarded it....(which is why he's stating that he knew it was a winner and just put it in the wrong stack of tickets)Not that I no what a judge would say, and I've heard everything there is to hear about this case....but if you decide on the basis of the law without predjudice or emotion,,,,... [ More ]

Comment #17

konane — Tue, 20 Dec 2005 18:58:50 GMT

You seem to be essentially saying that if I were somewhere downtown and had an unsigned jackpot ticket carelessly stuffed in my pocket with a used tissue, accidentally discarded both in a trash receptacle and a street dweller fishes it out of the trash .............. then if I can show I purchased that ticket in some manner and state that I accidentally (carelessly) discarded it then I would have a legal claim to the ticket????????My previous statement was not meant to imply that a bearer instru... [ More ]

Comment #16

KY Floyd — Tue, 20 Dec 2005 17:29:02 GMT

konane wrote:<< The person in whose hands it rests at the time of turning it in for cash is the legal owner. Period. >> Just like finders keepers, losers weepers, people here can repeat that as many times as they want, but it's simply not true. While it may be presumed that the person in possession of a bearer instrument is the owner, there is absolutely nothing in the law that says that simple possession of a bearer instrument, or any other property, is proof of ownership. The money in your w... [ More ]

Comment #15

tg636 — Tue, 20 Dec 2005 16:15:13 GMT

Bearer instrument is an easy to understand phrase but tough to cope with when you are on the losing end. When you throw something away in a public trash can, it is no longer yours, you voluntarily discarded it to the dump, to the public domain and whoever looks through the trash. People make mistakes all the time, people take advantage of others' mistakes all the time. That's tough luck but that's the way it is in all areas of life, so the lesson should be Be careful what you throw away . U... [ More ]

Comment #14

konane — Tue, 20 Dec 2005 13:05:22 GMT

Perhaps it's the principle of the matter. Plus perhaps he's been advised by competent legal counsel that if he offers part of the potential win then doing so is simply opening the door for the other side to have a stronger legal claim that it never belonged to St. John in the first place.My understanding of a bearer instrument, bond, lottery ticket or whatever ... it does not matter who purchased it or if they could prove they did purchase it. It becomes the responsibility of the person who o... [ More ]

Comment #13

acronym007 — Tue, 20 Dec 2005 11:38:36 GMT

A bearer instrument still has to be purchased, correct? I don't think this issue is as cut and dry as you say. I think it would be best to spilt simply becasue it will save everyone time and money. Get this straight, if St. John does not split it or divide it somehow HE WILL surely lose a portion of this money in lawyer fees. Regardless of right or wrong. That my friend is a fact. He is not going to keep the whole thing. People always think right and wrong with legal issues but it is not best to... [ More ]

Comment #12

CalifDude — Tue, 20 Dec 2005 04:58:44 GMT

Lottery tickets are bearer instruments, cut and dry. Also anything in the trash is fair game. There should be NO split. St. John is the rightful owner of the ticket.

Comment #11

DoubleDown — Tue, 20 Dec 2005 03:42:06 GMT

An argument can be made for either side, but in the end I believe that the finder of the trashed ticket will prevail.I would be very surprised if it turned out any other way.

Comment #10

demonter — Tue, 20 Dec 2005 02:58:15 GMT

What is Mr. Donovan's moral right to the prize?What is his legal right to the prize?What are St. John's rights to the prize?It seems clear to me, but Courts sometimes see things I don't see.

Comment #9

TheGameGrl — Tue, 20 Dec 2005 02:51:33 GMT

I'm glad to see that some folks can look from the outside in on this situation and make an unbias statement. The regulations are what they are, there is no getting around them. St John doesnt need to barter with this other gent. St John gained the ticket fair and square. Finders Keepers has HELD up in court.This whole concept of who paid for the ticket is irrelevant. The regulations dont say you must show proof of pay Or a receipt- in order to claim a winning ticket. The issue is: Does a di... [ More ]

Comment #8

justxploring — Tue, 20 Dec 2005 02:03:34 GMT

FIRST I READ: Although Donovan comes in the store almost every day, Varin said he doesn't know much about his unlucky customer. Judging from appearances, however, Varin says Donovan seems like a hard-working, blue collar-type who makes a decent living. And he's not a compulsive gambler. He's not one of those that has to play the lottery, he said. He doesn't always buy lottery tickets. THEN I READ:In a previous interview, Doyle claimed that, on the day of St. John's wastebasket windfall, Dono... [ More ]

Comment #7

demonter — Tue, 20 Dec 2005 01:04:38 GMT

Who can say with certainty if the ticket in question was Donovan's to begin with? It was tossed in the trash, but Now he's the spoiler...what a guy. I hope St. John gets all the money. He deserves it. He picked it out of the garbage. Greed is an amazing thing, isn't it

Comment #6

acronym007 — Mon, 19 Dec 2005 19:09:56 GMT

While it is a bear instrument, St. John should be more flexible. His staunch approach is not going to work or win. Let me point out something. He dind't pay for the ticket, while it is a bearer instrument, he did not pay for it. It is very fortunate, he should settle and give the other person something. By the time the lawyers are done and the time it takes to get a penny it will allot of wasted time and money. Come to an agreement. I happen to agree with LottoLady, split it. It's the most times... [ More ]

Comment #5

lottolady24 — Mon, 19 Dec 2005 18:30:18 GMT

A few important lessons learned here. Donovan should've checked his tickets. If there were too many tickets at one time for him to deal with, take them home or buy less tickets at once. I feel sorry for the position he's in. He must be beating himself up for that one.For St. John, he's been rewarded for dumpster diving, can't say the man doesn't deserve something for his find. If nobody went through the trash can, nobody would've claimed the ticket. Then nobody wins. They can both make lif... [ More ]

Comment #4

RJOh — Mon, 19 Dec 2005 18:09:16 GMT

In a previous interview, Doyle claimed that, on the day of St. John's wastebasket windfall, Donovan had spent $600 on the Texas Hold 'em Poker game, purchasing all the tickets on the dispenser at the White Hen. Then he began sorting winners from losers, exposing only a coded bar on each ticket revealing the information -- but not the winning amounts. Sounds like this Donovan was willing to waste his money but not his time if he could buy $600 worth of lottery tickets and not take time to check t... [ More ]

Comment #3

DoubleDown — Mon, 19 Dec 2005 15:53:38 GMT

I hope that Donovan gets a lump of coal in his stocking....

Comment #2

konane — Mon, 19 Dec 2005 15:13:13 GMT

Comment #1

BabyJC — Mon, 19 Dec 2005 13:59:40 GMT

Donovan should not be so sure it was even his ticket. It really could be anyone's ticket. Regardless, it's a bearer's instrument. St. John's mistake was telling people he found it in the trash. Had he simply just signed the back and went to lottery headquarters to cash it, he would have received his first check of 20 immediately and none of this would be happening

Original buyer of $1M lottery ticket identified

Lottery Post — Mon, 19 Dec 2005 13:03:00 GMT

How do you explain to your loved ones that you threw away $1 million?Well, we'll just have to wait to find out, because Kevin Donovan isn't answering questions right now.In fact, Donovan doesn't even want anybody to know who he is. He's been keeping a low profile since immersing himself in a dispute over a winning $1 million lottery ticket with an 82-year-old Blackstone man who found it in a trash bin.Donovan, who is seeking to regain ownership of the ticket, has not been identified in public un... [ More ]