Cheated lottery winner files lawsuit

Comment #63

rdgrnr — Sun, 05 Jun 2011 21:57:43 GMT

I agree.

I have had similar situations and when it's multiple winning tickets, it's more often than not.

Whenever I have more than one ticket to cash I stand directly in front of the terminal and hand them one ticket at a time so there's no confusion on their part. I can tell some of them feel insulted by this practice but that's their problem.

Comment #62

grwurston — Sun, 05 Jun 2011 21:34:43 GMT

When I go to a store to cash a winning ticket, I always say to the clerk; can you can cash a winner for me? It's for $ xxx.

That way I'm telling them how much its for. None the less the last win I had two weeks ago, was two tickets. One was for $250 the other was for $500. When I gave them to the clerk he scanned (or looked) at the $250 ticket and set it down next to the register, then scanned the other and said do you know you just won $500? I told him it was for $750. I gave you two tickets... [ More ]

Comment #61

Stack47 — Sat, 04 Jun 2011 02:17:27 GMT

It was in a locally owned grocery store and I'm positive the clerk would have paid whatever the ticket was worth. The store was weird because the owners and all the people working there were born and raised in the area and spoke and understood English.

Comment #60

rdgrnr — Fri, 03 Jun 2011 22:24:22 GMT

Roger that.

Gotta wonder what that clerk in Ohio would have done if you'd asked her to cash your winning ticket and told her it was a $52 winner.

Comment #59

Stack47 — Fri, 03 Jun 2011 20:43:51 GMT

The only thing he did wrong and his biggest mistake was trusting the Texas Lottery people and their agents to be honest and fair.

I cashed a Ten-Oh ticket in Ohio that I thought was worth $52 but the clerk told me it was worth $407; I thought I matched 7 numbers on one of the lines but I matched 8. The clerk didn't know that I under valued the ticket when asked her to cash it, but what if I'd said check the ticket ?

Sure, Willis' intelligence is questionable, but what about the intelligen... [ More ]

Comment #58

myturn — Fri, 03 Jun 2011 19:37:42 GMT

This is why state lotteries should allow people to register with the lottery. In NSW, lottery players have the option of registering with the state lottery, they pay a fee, they get a card and just use the card whenever they wish to play. Players can still play without a card if they want to - it is totally optional.

The benefits of registration are:

If your ticket is lost you can still claim any prize, as you have proof of purchase.

Others can not claim any prizes on you... [ More ]

Comment #57

TheGameGrl — Fri, 03 Jun 2011 02:44:23 GMT

Did you forget to read the part that the COURTS acknowledge him as the RIGHTFUL BEARER of the TICket? THerefore Mr Willis gets to make claim?

Deception and Fraud are already charges being placed against the Clerk, I believe that bears noting when making your proclamation.

Comment #56

TheGameGrl — Fri, 03 Jun 2011 02:41:24 GMT

Ho Lee- Can you share with us commoners what three critereas are necesary to claim liablity thru the courts? ANd how given the article the plaintiff has met those terms

Comment #55

Stack47 — Fri, 03 Jun 2011 00:58:06 GMT

Then you better pray that I don't get pulled for jury duty and end up as a juror hearing this case.

They just don't randomly pick 8 or 12 people and place them on the jury. You probably wouldn't make it past voir dire.

The more attention this case gets can only be negative attention to the Texas Lottery and that's why the Vegas odds are favoring an out of court settlement.

Comment #54

PERDUE — Thu, 02 Jun 2011 05:44:09 GMT

Then you better pray that I don't get pulled for jury duty and end up as a juror hearing this case.

I would like to hear all the details and see what the media left out.

I would like to hear both sides of the situation.

Right now my belief is based on what I have read in the different medias reguarding Willis-Willis.

And I admit that my belief is subject to change after hearing the full unedited version from Willis-Willis and the TX Lottery Commission.

I also realize that the only... [ More ]

Comment #53

rdgrnr — Thu, 02 Jun 2011 05:22:56 GMT

The Texas Lottery is not responsible for lost or stolen tickets...

I disagree, Perdue.

Do you think the disclaimer saying they're not responsible for stolen tickets will hold up in court when it was an agent of the Texas Lottery that stole it?

When you go to a hockey game, the back of the ticket says they are not responsible for a puck splitting your skull wide open either.

But they are.

Willis is gonna get his money.

The Texas Lottery is gonna lose.

Comment #52

rdgrnr — Thu, 02 Jun 2011 04:52:32 GMT

You're holding Willis to the standard of someone who is reasonably intelligent.

It's clear that he isn't reasonably intelligent and they don't advise people like that not to buy tickets or prohibit them from doing so.

He's not intelligent enough to do all the things they recommended.

But he did what was required: He bought and paid for the ticket from an agent of the lottery and took it back to them to verify and validate what he had won.

He didn't break any rules or laws.

The onl... [ More ]

Comment #51

PERDUE — Thu, 02 Jun 2011 04:21:08 GMT

Am I the only person in existance that reads the back of playslips?

I clearly remember reading on the back of the playslip that, The Texas Lottery is not responsible for lost or stolen tickets or for tickets lost in the mail.

Sign ticket before claiming. Anyone who possesses an unsigned ticket may be able to claim a prize.

It is your responsibility to check your ticket for accuracy at time of purchase.

If a jury rules in Willis-Willis' favor and award him his petition, what is t... [ More ]

Comment #50

PERDUE — Thu, 02 Jun 2011 03:48:51 GMT

Is there a law against someone who's not overly intelligent playing the lottery?

Do they prohibit people with low IQ's from playing?

The answer to both questions is no.

If the state isn't going to pay this less than intelligent person simply because he acted less than intelligent, they should start requiring IQ tests to play the lottery.

Yeah, he ain't the smartest knife in the light bulb drawer and he was guilty of being too trusting and vulnerable but he trusted the Texas Lott... [ More ]

Comment #49

CashWinner$ — Thu, 02 Jun 2011 03:42:10 GMT

I agree w/your logic

Comment #48

rdgrnr — Thu, 02 Jun 2011 03:28:44 GMT

he made the mistake of giving a winning ticket away, why should he not have to suffer the consequences/pain resutling of that mistake?

Long story short, Joshua.

Your above question strikes at the heart of the whole issue.

He didn't give the ticket away.

He gave it to someone acting as an agent of the lottery.

They stole it from him and left the country.

The lottery should have to suffer the consequences.

The store should have to suffer the consequences.... [ More ]

Comment #47

CashWinner$ — Thu, 02 Jun 2011 02:51:48 GMT

I too saw his story on tv and to be honest, I felt bad for him.

I realize he did not follow procedure and that is his mistake alone.

You know what tho?

Back in the day, before I became hip to the fact that there were dishonest, ahole clerks out there, well....

I used to hand my tickets over w/a smile on my face, just asking if I was a winner......

Call me trusting....call me dumb...it is what it was!

Guess I could have potentially been one of those winners......that never even

Comment #46

joshuacloak — Thu, 02 Jun 2011 02:47:43 GMT

rdgrnr

how will giving him hes stolen winnings in court effect future of prize pool that's shared among effective all winners of whatever game?

why should he get hes ticket winning amount share twice compared to other winners fair share once?

it was he own fault for not signing the ticket is it not?

the sec people Don't have to be rightfully intelligent when handleing bearer instruments of cash prizes, will that not result in uttter chaos of endless lawsuits?

will that not result... [ More ]

Comment #45

dr65 — Thu, 02 Jun 2011 02:40:31 GMT

Comment #44

rdgrnr — Thu, 02 Jun 2011 02:08:00 GMT

Is there a law against someone who's not overly intelligent playing the lottery?

Do they prohibit people with low IQ's from playing?

The answer to both questions is no.

If the state isn't going to pay this less than intelligent person simply because he acted less than intelligent, they should start requiring IQ tests to play the lottery.

That money was rightfully his and the state should give it to him and go after that filthy Nepalese dirtbag themselves.

I read about Wi... [ More ]

Comment #43

ttech10 — Thu, 02 Jun 2011 01:53:55 GMT

Yea that's why I was saying it's a tough situation.

It has been declared that Willis is the true owner of the ticket and he has been awarded money for it from the winnings given to Joshi. There's also the issue that the lottery commission has to protect their rule of the ticket being a bearer instrument and whosever name is on it is the owner. Of course this case has the fact it's been proven Joshi stole the ticket.

I guess this could have been prevented if the lottery made sure that Joshi... [ More ]

Comment #42

ttech10 — Thu, 02 Jun 2011 01:41:09 GMT

The deli I buy my tickets from has not fixed their ticket scanner (the one that bypasses the clerk) for almost a year now

I don't know if it will help anything but you could try writing your state's lottery comission. They might end up contacting the place telling them they need to get it fixed or face some type of consequence. It couldn't hurt anything.

Comment #41

joshuacloak — Wed, 01 Jun 2011 23:10:23 GMT

i agree with tabtastic, if these lazy beeps don't even want to check to see if they won, and waste the clerk time Checking losers, they should get off their lazy beep and sign the back

the only time you don't sign the back when you hand your ticket to a owner human being and it leaves your view

, is when winning a major jackpot, to form a trust to stay out of public eye

only hand a ticket unsigned to a lawyer who claim it for you, and for god sakes get something like your iphone 4 out a... [ More ]

Comment #40

RJOh — Wed, 01 Jun 2011 22:00:19 GMT

There was a some what similar case in Ohio a few years ago when Ohio had Buckeye5 which paid $100K per winning ticket and had a cap of $1M if there were more than 10 winners and it was printed on the back of each play slip.

A player bought 20 lines of the same combinations and won and had to share $1M with another player only getting 20/21 of $1M. He sued claiming the retailer hadn't made him aware of the $1M cap or he wouldn't have bought 20 lines of the same numbers so the lottery and the... [ More ]

Comment #39

OldSchoolPa — Wed, 01 Jun 2011 21:43:51 GMT

And might I add...at that time, sign your ticket before handing it to the clerk

Comment #38

Tabtastic — Wed, 01 Jun 2011 20:44:16 GMT

The Texas Lottery shouldn't have to pay this guy's winnings. Winners need to sign their tickets! If the Texas Lottery pays this winner back, a precedent has been set for all Lotteries and these types of retailer fraud stories will come up even more than they do now. Sorry Willis, keep playing...maybe you'll win $1,000,000 again

Comment #37

Stack47 — Wed, 01 Jun 2011 20:26:52 GMT

the Texas Lottery acted irresponsible by not having the amount won by the player visible in plain sight to the customer

I did start with anyone can sue anybody for anything and that's one example of something the plaintiff might use. I'm not making an argument, just discussing some possibilities.

This case will begin with the fact the Texas Lottery declared Willis the ticket owner when paid him the remainder of the winnings and they'll probably will throw in many things like the clerk bei... [ More ]

Comment #36

LottoPools — Wed, 01 Jun 2011 20:02:58 GMT

If this went to trial and I was on the jury, I would vote to give Mr. Willis NOTHING unless and until it was recovered from the clerk.

IMO, he has no case against the Lottery. If I'm not mistaken, I saw a story that said it was the Lottery that contacted Mr. Willis and determined that he had purchased the winning ticket. If they hadn't followed up on a tip from other employees of the store, Willis would still be in the dark about having lost $1mil. I would say the Lottery has gone above and b... [ More ]

Comment #35

Stack47 — Wed, 01 Jun 2011 19:40:57 GMT

After I posted that I wondered if I confused Nepal with Tibet and it looks like I did. Thanks

Comment #34

GYM RICE — Wed, 01 Jun 2011 19:35:23 GMT

Did McDonalds corp pay that old lady many years ago millions of dollars for the spilled hot coffee or did the owners of a McDonalds fanchise where it actually happened

Comment #33

CrazyHazyYay! — Wed, 01 Jun 2011 18:36:52 GMT

Thank you sandia but you don't have to apologize for Mr. greeneye. I was born in the same state that he's representing on LP, Charlotte, North Carolina, and I was raised virtually my entire life in Georgia. I am proud of my southern heritage, and if I ever win the lotto, I'll be moving back to Georgia for good. It's just that folks from up north become irritably condescending when I tell them how Georgia forever stays on my mind. And it's because of this relatively small minority of ignorant peo... [ More ]

Comment #32

KY Floyd — Wed, 01 Jun 2011 18:35:21 GMT

I do think they have a good argument in that they're not responsible for lost/stolen tickets.

They have a rock solid argument that they're not responsible. Willis voluntarily handed a bearer instrument to somebody and let that person make his decisions for him. Lottery tickets are just like cash. It's too bad Wilis was ripped off, but he's either confused about who's to blame, or he's willing to steal from the people of Texas to replace what was stolen from him.

the Texas Lottery acted i... [ More ]

Comment #31

OldSchoolPa — Wed, 01 Jun 2011 18:13:37 GMT

This would be a dangerous precedent to set as it would open the door for many frivolous lottery claims. You would probably have people camping out around lottery headquarters anytime they read that on the website that a $200K powerball or $250K Mega ticket was purchased from their neck of the woods. When they see person arriving at lottery office to claim winnings, they could concoct a story of how they lost the ticket and saw that particular person scavenging around in the area of where they lo... [ More ]

Comment #30

CrazyHazyYay! — Wed, 01 Jun 2011 18:12:22 GMT

Hinduism is the major religion of Nepal. In the 1991 census, approximately 89.5 percent of the Nepalese people identified themselves as Hindus. Buddhists and Muslims comprised 5.3 and 2.7 percent, respectively. The remainder followed other religions, including Christianity

-South Asian Association for Regional Cooperation

I understand this is 20 year old data, and there very well may be more Buddhists per capita since then, but I doubt it's still enough to overtake that huge margin.... [ More ]

Comment #29

OldSchoolPa — Wed, 01 Jun 2011 18:02:20 GMT

Let me say this - there are some clerks that are nice people. And I know that some store clerks happen to be the owner(s). But the majority of people working as store clerks are doing so for a good reason, and that is that they could not find employment elsewhere (tell me, when the teacher asked what people wanted to be in life, how many kids raised their hands and said, I want to be a convenience store clerk!!! ). If not the owner but instead are just employees, they are likely earning minimum

Comment #28

Stack47 — Wed, 01 Jun 2011 17:32:07 GMT

I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam.

I believe the predominate religion in Nepal is Buddhist, but religion is not a factor unless Joshi's religion has a thou shalt steal commandment.

Comment #27

Stack47 — Wed, 01 Jun 2011 17:24:01 GMT

It boils down to anyone can sue anybody for anything but they have to convince a jury.

This jury will probably hear the Texas Lottery acted irresponsible by not having the amount won by the player visible in plain sight to the customer and/or that the clerk is indirectly employed by the lottery. They might include precedents where the Lottery has suspended agents from cheating customers in the past. If they can convince a jury, the plaintiff will awarded the rest of the prize.

I don't know... [ More ]

Comment #26

sandia — Wed, 01 Jun 2011 17:12:15 GMT

Perdue,I must agree with you on this one, Texas Lotto needs to sue for defamation to say the least. Let's say he cannot/does not know how to check his own lotto tickets, the least he could do is SIGN the darn piece of paper

Comment #25

sandia — Wed, 01 Jun 2011 17:08:38 GMT

Crazy, on behalf of all southerners, I apologise profoundly, we have a few crazy eggs in the nest. Do ignore them, please.

Comment #24

sandia — Wed, 01 Jun 2011 17:06:10 GMT

Whoa,greeneye, here take a brown paper bag and breathe in and out of it slowly before you hyperventilate, wow! You have a bone to crush with somebody much? And, for the record, I am not Asian (yes, Nepal is IN Asia) but even I know Joshi is NOT an arabic name (note, the names are arabic not muslim just like christians claim that the bibilical names are christian rather, they are of Hebrew origin, mostly but I digress). But green, take it easy, no body is after you, believe me, enjoy life and wor... [ More ]

Comment #23

RJOh — Wed, 01 Jun 2011 15:37:40 GMT

I doubt if Willis will be successful filing a suit this late after the drawing. If he is, it could change some of the rules lotteries now have to protect themselves and the retailers selling their tickets.

For example the rules that any claims must be made within a year or less of the drawing and that tickets will be treated as bearer instruments that should be signed by their owners after purchase.

Comment #22

surimaribo24 — Wed, 01 Jun 2011 15:22:27 GMT

this is incident has been exposing more and more latly . is getting scary to trust the lottery clerks specialy at areas where you dont know them or even know them . is good that ny lottery provide the ticket check machine so you can check it yourself instead of handing it to the clerk . however some of them places i see they dont have them and that makes me suspicious . what we all should learn from all this always check your tickets either DIY units or online or if no option then get the ticket... [ More ]

Comment #21

CrazyHazyYay! — Wed, 01 Jun 2011 12:10:27 GMT

Whoa there greeneye. You're being prejudice and ignorant. Being Muslim does not automatically equate to being a terrorist. I didn't read anything about Mr. Joshi's religious beliefs and I am pretty sure the dominant religion in Nepal is Hinduism, not Islam. Apparently grammar and spelling aren't your friends either. It's because of people like you that I gotta take s**t from folks in NJ when I tell them I'm from the south.

Comment #20

greeneye — Wed, 01 Jun 2011 11:35:37 GMT

His 1st mistake was not signing it,the second one was that he trusted a Muslim ..Never go to a store that is runned by terrorist.Why do you think they are all over our contry with all these stores?They are not our friends..

Comment #19

joshuacloak — Wed, 01 Jun 2011 05:44:37 GMT

the law not the issue here

the idiot who blindly gives hes ticket away not knowing its a winner and amount before in, is also as guilty, what is he guilty of? being stupid.

as charged he stands guilty and is lucky he even got some cash back, but now hes just sharing it with lawyers inc.

the fact is the clerk a theft that deserves to die, and this idiot deserves what he got for being so stupid

if he wants he money, he can fly he beep over to home land of the theft and take part in a g... [ More ]

Comment #18

CrazyHazyYay! — Wed, 01 Jun 2011 05:04:54 GMT

The deli I buy my tickets from has not fixed their ticket scanner (the one that bypasses the clerk) for almost a year now, and I'm just wondering if it's because they want to check everybody's ticket for obvious reasons. One time I handed the clerk one of my $5 QP tickets and she proceeded to scan it. However, I was watching the lotto screen, waiting for Sorry not a winner or something else pop up like I've seen it do before. I heard it beep, but no message came up, and she told me it wasn't a w... [ More ]

Comment #17

PERDUE — Wed, 01 Jun 2011 04:59:57 GMT

I know I am going to offend a lot of goodie-goodie folks, and so be it.

The TX Lottery does not owe this man JACK SQUAT!!!

NOTHING!!!

NADA!!!

NOT ONE THIN DIME!!!

Why should they? If anything, the TX Lottery Commission should sue Willis-Willis for being careless and lazy.

If you read the earlier stories posted here at Lottery Post, you will see where Willis-Willis gave all kinds of excuses to justify not checking his own fricking ticket.

Correct me if I am wrong but doesn't... [ More ]

Comment #16

rdgrnr — Wed, 01 Jun 2011 03:58:53 GMT

The law is an ass.

Comment #15

HoLeeKau — Wed, 01 Jun 2011 03:45:31 GMT

Idaho has the checker machines but they don't tell you how much the ticket is worth! They just say to contact the clerk. Practically worthless.

Comment #14

LANTERN — Wed, 01 Jun 2011 03:01:56 GMT

Thru the years so many store clerks have stolen lottery prizes and the state lotteries have failed to prevent it, they have not even tried, that is until now, they have put machines in the stores where people can by themselves check their own tickets.

If at the time that the ticket was stolen those machines where already there then the state lottery is clean, that is not at fault, otherwise they are at fault and should pay not just for the rest of the money, but also for interest on it and fo... [ More ]

Comment #13

sully16 — Wed, 01 Jun 2011 02:57:05 GMT

Best wishes Mr. Willis, I hope you win.

Comment #12

ttech10 — Wed, 01 Jun 2011 02:47:19 GMT

The Chris Hansen thing? I remember there were quite a few on there that would throw the ticket away then pick it out of the trash when the customer left or only give the person $2-$3.

And yea I've mentioned numerous times that people should check tickets themselves online if they have access and if not either scan it themselves in store or ask for a winning number printout (most stores have them already printed out). Personally I don't want the clerk to know that I'm the one who won so lettin... [ More ]

Comment #11

faber98 — Wed, 01 Jun 2011 01:34:20 GMT

willis willis committed a grievous error due to his laziness and it cost him..why play the lottery if you aren't able or willing to check your own numbers. if no computer check newspaper or find store that records them on monthly sheet on lottery stand...somehow find a way to do it yourself. you can't trust an 8.00 an hour clerk who are just waiting for this opportunity...on a smaller scale it's done on unsuspecting scratch ticket players too lazy to read their prize.. they hand the ticket to th... [ More ]

Comment #10

HoLeeKau — Wed, 01 Jun 2011 01:12:51 GMT

I would think the only way they could hold the lottery commission liable is if they knew this is a regular occurrence and they have failed to institute better safeguards. Otherwise, I think the store should be liable for the guy's money. It was their employee who stole it in the line of his work.

What could lotteries do to keep this from happening so often? I wish the machine would print a receipt every time a ticket was checked that is given to the player. That wouldn't help occasional playe... [ More ]

Comment #9

grwurston — Wed, 01 Jun 2011 00:00:14 GMT

I recently saw a tv show about crooked lottery clerks on you tube ( may have been dateline) but they had video from the stores cameras showing people buying the ticket and the clerk taking it. They used tickets that were they knew were winners.

They were able to prove the clerks took the ticket, the time the ticket was sold originally, and who bought it from the lottery computer system plus the stores video. I don't know why they couldn't do that in this case.

Besides signing the ticket,... [ More ]

Comment #8

HaveABall — Tue, 31 May 2011 23:44:00 GMT

ttech10. The TX Lottery Commission (they have the available funds) should have paid Mr. Willis the remaining $355K two years ago. It would have been strong press for them advertising that though the ticket back wasn't filled out by Mr. Willis, they have chosen to support the law enforcement and judicial court's proof of theft. However, maybe there are so many cases of unregistered clerk theft, just like this, that they can't set this as a precedence.

Now, with all the work the lawyers did, Mr... [ More ]

Comment #7

ttech10 — Tue, 31 May 2011 23:23:37 GMT

Joshi has been indicted on a felony charge of claiming a lottery ticket by fraud. Austin police and Travis County prosecutors recovered about $395,000 from his bank accounts and a judge declared Willis the rightful owner of that money. Joshi received $750,000 after taxes were withheld.

During a short hearing before state District Judge Suzanne Covington last year, Assistant Attorney General Gaston Broyles, who represents the Lottery Commission, said that a prize may not be paid twice, th... [ More ]

Comment #6

sandia — Tue, 31 May 2011 22:14:57 GMT

While you are at it:

3. ALWAYS ALWAYS ALWAYS make extra photocopies, preferrably of the SIGNED ticket.....that would definitely put a nice firewall on would be gas station clerk thieves

Comment #5

hearsetrax — Tue, 31 May 2011 22:13:38 GMT

well the gag is often just that and everyone should know that ....

but obviously not everyone has access nore realize thars more then a few places like thar local library offers it or feels they have any use for it and or lack the interest

as for signing the ticket thats a no brainer

Comment #4

NoShame — Tue, 31 May 2011 21:49:51 GMT

It's a shame...but the fact of the matter is he didn't sign the back of his ticket. So the lack of solid proof that the stolen winning ticket was his is why the Lotto folk held back in paying him full.

So we have learned two lessons from this incident:

1. NEVER let another person check your ticket. The Internet exists for a reason.

However if you really can't access the Internet and need someone to check the ticket...

2. ALWAYS ALWAYS ALWAYS sign the back of your ticket... [ More ]

Comment #3

dallascowboyfan — Tue, 31 May 2011 20:33:35 GMT

about time Mr. Willis.....

Comment #2

OldSchoolPa — Tue, 31 May 2011 20:24:55 GMT

Do I detect a bit of sarcasm in Mr. Willis' photo? Dirty cholera bagging Nepalese dude.

Comment #1

Kidzmom — Tue, 31 May 2011 20:03:36 GMT

I was wondering when he was going to do that, I just seen it again on Lottery Changed my Life. I hope everything works out for Mr. Willis.

Cheated lottery winner files lawsuit

Lottery Post — Tue, 31 May 2011 20:01:27 GMT

A Dallas-area man who Travis County prosecutors say had his $1 million lottery ticket stolen by a convenience store clerk in 2009 has sued the Texas Lottery Commission and others in hopes of recovering all of his winnings.

Lawyers for Willis Willis, a retired Grand Prairie maintenance man, filed the suit in state District Court in Travis County last week against the lottery commission, GTECH Corp, which runs the lottery, and the owner of a convenience store where Willis bought his ticket.