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Hoosier Lottery Email response

Topic closed. 34 replies. Last post 11 years ago by Todd.

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United States
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October 16, 2005
188 Posts
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Posted: December 6, 2005, 2:30 pm - IP Logged

I emailed Hoosier Lottery and asked if my Friend can send me Lotto Tickets VIA mail for Christmas.. I asked him for some Powerball tickets and I am from Michigan, a Mega Millions state. heres what they said.

 

Dear John:
I am in receipt of your recent e-mail to the Hoosier Lottery.
Please be advised that your friend can send you tickets for Christmas.  This is a gift and not a business conducting cross-border sales of lottery tickets.
As you know, some states have lotteries and other states do not.  Those states that do not have lotteries are typically anti-gaming and do not want lottery tickets from other states being sold to their residents.  Similarly, states that do have lotteries do not typically want tickets from other states' lotteries being sold in their states or outside their states for in-state delivery.  The purpose of state lotteries is to raise money for each state while giving the players some entertainment value in exchange.  Allowing other states' tickets to be sold would only diminish the money kept within a single state. 
It is illegal for businesses to conduct cross-border sales, but situations as you described of gift giving is not illegal.  I hope this information has been helpful in answering your question.  If we can be of further assistance please e-mail us again or call our Customer Service Department directly at 1-800-955-6886.
Thank you!
    Avatar
    Poway CA (San Diego County)
    United States
    Member #3489
    January 25, 2004
    14120 Posts
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    Posted: December 6, 2005, 2:38 pm - IP Logged

    I emailed Hoosier Lottery and asked if my Friend can send me Lotto Tickets VIA mail for Christmas.. I asked him for some Powerball tickets and I am from Michigan, a Mega Millions state. heres what they said.

     

    Dear John:
    I am in receipt of your recent e-mail to the Hoosier Lottery.
    Please be advised that your friend can send you tickets for Christmas.  This is a gift and not a business conducting cross-border sales of lottery tickets.
    As you know, some states have lotteries and other states do not.  Those states that do not have lotteries are typically anti-gaming and do not want lottery tickets from other states being sold to their residents.  Similarly, states that do have lotteries do not typically want tickets from other states' lotteries being sold in their states or outside their states for in-state delivery.  The purpose of state lotteries is to raise money for each state while giving the players some entertainment value in exchange.  Allowing other states' tickets to be sold would only diminish the money kept within a single state. 
    It is illegal for businesses to conduct cross-border sales, but situations as you described of gift giving is not illegal.  I hope this information has been helpful in answering your question.  If we can be of further assistance please e-mail us again or call our Customer Service Department directly at 1-800-955-6886.
    Thank you!

    Now try asking the USPS Inspector Office the same question. 

      cps10's avatar - Lottery-004.jpg
      The Carolinas - Charlotte
      United States
      Member #21627
      September 12, 2005
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      Posted: December 6, 2005, 2:39 pm - IP Logged

      I imagine that cat could get locked up for that. Down here, it is illegal just to possess a lottery ticket from another state.

        bellyache's avatar - 64x64a9wg

        United States
        Member #12618
        March 18, 2005
        2060 Posts
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        Posted: December 6, 2005, 3:07 pm - IP Logged

        I emailed Hoosier Lottery and asked if my Friend can send me Lotto Tickets VIA mail for Christmas.. I asked him for some Powerball tickets and I am from Michigan, a Mega Millions state. heres what they said.

         

        Dear John:
        I am in receipt of your recent e-mail to the Hoosier Lottery.
        Please be advised that your friend can send you tickets for Christmas.  This is a gift and not a business conducting cross-border sales of lottery tickets.
        As you know, some states have lotteries and other states do not.  Those states that do not have lotteries are typically anti-gaming and do not want lottery tickets from other states being sold to their residents.  Similarly, states that do have lotteries do not typically want tickets from other states' lotteries being sold in their states or outside their states for in-state delivery.  The purpose of state lotteries is to raise money for each state while giving the players some entertainment value in exchange.  Allowing other states' tickets to be sold would only diminish the money kept within a single state. 
        It is illegal for businesses to conduct cross-border sales, but situations as you described of gift giving is not illegal.  I hope this information has been helpful in answering your question.  If we can be of further assistance please e-mail us again or call our Customer Service Department directly at 1-800-955-6886.
        Thank you!

        I guess you shouldn't have a problem receiving tickets from your friend now, if they are a gift. =)

        Dance like no one is watching.

          Todd's avatar - Cylon 2.gif
          Chief Bottle Washer
          New Jersey
          United States
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          May 31, 2000
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          Posted: December 6, 2005, 3:12 pm - IP Logged

          I agree with CalifDude, try asking the USPS that same question.  I think the Hoosier Lottery is being very irresponsible for giving that response.  It doesn't matter is a ticket is sent as a gift or as part of a business venture -- mailing lottery tickets is illegal all the same, and I would NEVER do it, no matter what.

           

          Check the State Lottery Report Card
          What grade did your lottery earn?

           

          Sign the Petition for True Lottery Drawings
          Help eliminate computerized drawings!

            Avatar
            Columbia City, Indiana
            United States
            Member #2978
            December 9, 2003
            381 Posts
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            Posted: December 9, 2005, 8:09 am - IP Logged

            Anti-Lottery Laws Prohibit Use of Mail to Promote Lotteries

            Federal statutes prohibit, among other things, the mailing or transportation in interstate or foreign commerce of promotions for lotteries or the sending of lottery tickets themselves. The text of the several statutes is set forth below. For a thoroughgoing analysis see Pic-A-State Pa., Inc. v. Reno, 76 F.3d 1294 (C.A.3 (Pa.), 1996). See also, the analysis and comments by Jeffrey Rodefer at Interstate Wagering Amendments.

            Title 18, United States Code

            Section 1301. Importing or transporting lottery tickets

            Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift, [1] enterprise, or similar scheme; or being engaged in the business of procuring for a person in one state such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another state (unless that business is permitted under an agreement between the states in question or appropriate authorities of those states), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more that two years, or both.

            Section 1302. Mailing lottery tickets or related matter

            Whoever knowingly deposits in the mail, or sends or delivers by mail:

            Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;

            Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;

            Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;

            Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes;

            Any article described in section 1953 of this title

            -- shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.

            ______________________________________________________________________________________________

            That should put an end to any further discussion on the legality of mailing lottery tickets.

            The Hoosier Lottery routinely ignores the state laws under which it operates, so why should mere federal legislation give them pause? Janna Shisler, their legal counsel, doesn't seem to be a very good attorney. I can forgive ignorance, but stupidity has a price, and this one could prove very expensive for the Hoosier Lottery, because I can't seem to shake this feeling that the Postmaster General is going to see this email.  
                                                                                                                         
                                                                                                                         
            To Korean Redneck
            Thanks for a great post. I've printed this thread and added it to our folder of evidence against this crooked agency.

            Come, Pinky; we must prepare for tomorrow night...

            Jim

              anonymous77's avatar - moon
              Seoul
              Korea, South
              Member #21859
              September 16, 2005
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              Posted: December 9, 2005, 9:53 am - IP Logged

              So far, I have heard of many claims about the legality of mailing lottery ticket(s) in the Unites States from so many different persons. To me, however, most of them appeared to be something like personal opinions or their own rigid vervatim interpretation of law. At least to me.

              But, the content of e-mail response from the Hoosier Lottery which Korean Redneck posted makes the most sense to me. I think Hoosier Lottery's position (or judgment, interpretation, or whatever one names it) needs to be regarded as credible to a certain extent, at least until one finds a persuasive counter-argument from higher US Federal authorities or US Court that can in fact overrule Hoosier Lottery's such interpretation. Also, I think one can infer reasonably that the Hoosirer Lottery's response  must have been based on their expert knowledge of US Law which regulates lottery.

              Finally, from an outsider's and international viewpoint, I would be very shocked if I find a US case in which one having mailed a lottery ticket as a gift, surely not for a business, to his or her friend was actually fined and/or imprisoned. Certainly, I wouldn't be surprised at all if I see any act of mailing something like drugs, explosives, or anything harmful, directly or indirectly, to US people, is illgegal and completely prohibited in the United
              States of America.

               

                Avatar
                Columbia City, Indiana
                United States
                Member #2978
                December 9, 2003
                381 Posts
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                Posted: December 9, 2005, 12:08 pm - IP Logged

                Am I writing in invisible ink?

                Can anyone else see the text from my previous post, or does it only appear on my screen???

                Come, Pinky; we must prepare for tomorrow night...

                Jim

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                  New Member

                  United States
                  Member #7148
                  September 23, 2004
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                  Posted: December 9, 2005, 12:46 pm - IP Logged

                  Hi, I just called the post office and the guy I talked to talked to his supervisor and said yes that lottery tickets can be mailed.  I basically made up a story that I have a brother in Pennsylvania who wants to mail me powerball tickets as a Christmas gift but I was told it was illegal.  This postal law is difficult to interpert because it keeps saying scheme and similar scheme.  Anyway, thought I'd share the info.

                    Avatar
                    New Member

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                    Posted: December 9, 2005, 1:14 pm - IP Logged

                    part two, just had my husband read the law and he said it looks like it's illegal to have a business that sells lottery tickets and mails them. He got that from the way the word enterprise is used.

                      Todd's avatar - Cylon 2.gif
                      Chief Bottle Washer
                      New Jersey
                      United States
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                      Posted: December 9, 2005, 2:10 pm - IP Logged

                      Jim,

                      I see it!!

                      It is completely ILLEGAL to mail lottery tickets in the USA.  However, I think there is a difference about when the tickets are mailed, because it seems to be legal to mail them AFTER the drawing takes place.  I have personally done so when I claimed Powerball winnings through the mail.

                      I would never, ever deal with a company that sells and mails lottery tickets, because it's only a matter of time before you're nailed.

                       

                      Check the State Lottery Report Card
                      What grade did your lottery earn?

                       

                      Sign the Petition for True Lottery Drawings
                      Help eliminate computerized drawings!


                        United States
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                        October 11, 2005
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                        Posted: December 9, 2005, 2:17 pm - IP Logged

                        The key words in Jim's post are..."Whoever knowingly "...so if I didn't know it was illegal..then I wouldn't knowingly be breaking the law...anyone can claim they didn't know....I really doubt this silly law will be prosecuted..to many  more important things to worry about then a lottery ticket in the mail...LMAO

                         

                        The sender is nailed..not the receiver

                          Todd's avatar - Cylon 2.gif
                          Chief Bottle Washer
                          New Jersey
                          United States
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                          May 31, 2000
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                          Posted: December 9, 2005, 2:19 pm - IP Logged

                          Actually, both are nailed in the case of buying tickets thru the mail.  If you buy them and have them shipped to you, then you are "knowingly" having them shipped, and you are breaking the law.

                          Your argument is like saying that if you get pot thru the mail, then only the sender is liable.

                           

                          Check the State Lottery Report Card
                          What grade did your lottery earn?

                           

                          Sign the Petition for True Lottery Drawings
                          Help eliminate computerized drawings!

                            Todd's avatar - Cylon 2.gif
                            Chief Bottle Washer
                            New Jersey
                            United States
                            Member #1
                            May 31, 2000
                            23267 Posts
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                            Posted: December 9, 2005, 2:20 pm - IP Logged

                            Also, they do prosecute that law.  You're playing with fire if you do it.

                             

                            Check the State Lottery Report Card
                            What grade did your lottery earn?

                             

                            Sign the Petition for True Lottery Drawings
                            Help eliminate computerized drawings!


                              United States
                              Member #23383
                              October 11, 2005
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                              Posted: December 9, 2005, 2:24 pm - IP Logged

                              Call an attorney and ask...that's what they get paid the big bucks for....we also know that most first time offenders get slaps on the wrist....this is not a serious crime....Also the only way a DA will know if you got any tickets in the mail..is if you TOLD on YOURSELF...now that is silly..or unless you are are on some sort of watch list or are under investigation for something else...