NEW CITY, N.Y. — Testimony continued on Friday in a trial over a $3 million New York lottery ticket.
(See Opening statements in $3M NY lottery ticket trial, Lottery Post, Sep. 20, 2012.)
A New York State Lottery Commission investigator testified Friday that she urged an illegal immigrant living in Spring Valley to keep his signature on a $3 million scratch-off ticket rather than let someone else take ownership.
When Elfido DeLaRoca, 45, of Spring Valley came back to her five months later in July 2011 saying he had not received any of the winnings from A to Z delicatessen store clerk Atif Ali, 28, who signed the ticket and became the sole beneficiary in the eyes of the state, investigator Lillian Lanza said she told him, "I told you so."
DeLaRoca eventually took Lanza's advice, retained an attorney and complained to the Spring Valley police and Rockland prosecutors that his winnings were stolen. His complaint is being brought against Ali, store owner Riaz Khan, 45, and employee Mubeen Ashraf, 24. Each face first-degree larceny charges.
DeLaRoca, a barber with a 2-year-old daughter, bought the winning $10 ticket at the Hickory Street store on Feb. 3, 2011. A day later, the three men took him to the lottery office in Fishkill, where the non-English-speaking DeLaRoca signed an agreement turning the ticket over to Ali.
Because of the amount of money involved, Lanza was assigned to investigate to ensure DeLaRoca willingly turned over the ticket. She testified she eventually allowed Ali's claim to go through, despite her suspicions, when they provided a signed agreement and DeLaRoca initially told her he agreed.
Lanza said DeLaRoca told her he didn't want his name publicized and attached to the winning ticket because "he fears for his family back home." She said he told her that he trusted Ali and believed Ali would keep his word and pay him his share.
DeLaRoca, who doesn't speak, read or write English, testified that the three men coerced him into signing over the ticket by threatening he would be deported if he collected the money and never see his daughter again. He also said they threatened to report him to federal immigration officials. He claimed he agreed to give them 5 percent, not the 50 percent contained in a contract written in English.
He also testified the three men told him what to tell Lanza over the telephone in February when they were at Ashraf's house.
The defense attorneys have questioned DeLaRoca's motives and truthfulness, contending he used the three men because he didn't want his name publicized. They claim he is using the prosecution to back out of the financial deal with the three men.
DeLaRoca said when he testified that he showed lottery officials a Guatemalan passport as identification when he allowed Ali to sign the ticket. He also said no one threatened to deport him at the lottery office.
He said he's only received $1,300 cash in two payments from Ali. DeLaRoca also testified that he received $520 a month in worker's compensation from 1999 until three months ago, making extra money as a barber, first in Spring Valley and now in Queens.
Close to $500,000 of the winnings from the scratch-off ticket are being held in an account under Ali's name with Provident Bank in Spring Valley.
Ali deposited the first $150,000 payment in March 2011 and then received about $400,000 from a finance company on four future $150,000 payments from the lottery. The $3 million jackpot is paid out over 20 annualized payments.
Lanza testified Friday that she told DeLaRoca in February 2011 the state would tax his winnings but he would not lose the money or get deported for living in the United States illegally. She said she advised DeLaRoca to sign the ticket to protect his share, telling him these partnerships can go bad when one person gives up his rights.
Lesson here: Learn to speak, read and write in English.
I believe this is a syndicated activity. An extortion maybe since Mr. Dela Roca is an illegal immigrant. This should be given priority of the authority so as to inform others of this illegal activity. I just hope that these men will be caught and punished soon.
I'm not sure English can fix naive or stupid. Sure, he'd have known the contract was for more than he'd agreed on, but he's not getting any of it anyway, so he still comes out with nothing no matter what the contract said.
Do whats right: Make all Americans learn the Spanish.
So I guess because this guy is an immigrant and can't speak or read english he deserves to be ripped off?? Lets assume you are visiting Italy and you win the lottery, does your not speaking Italian justify some locals lying, coercing you and ripping you off? Obviously that's unlikely because most of us are slightly more sophisticated and wouldnt' let something like this happen. However, we're not all fortunate enough to be American and/or 'sophisticated' with respect to the legal system. Its easy to say that he's illegal and shouldn't be here to begin with, but there's the bigger picture of what these guys did to this lottery winner. I fully believe they saw an opportunity and screwed this guy. I hope they are penalized to the full extent of the law.
This is so elementary......... Anything a person gains by means of BREAKING THE LAW, is subject to confiscation and loss when they get caught breaking the law. Why are people confused about this???
Of course the people who stole the ticket also broke the law and will be punished.... but in the mean time the Illegal immigrant gets nothing and goes back to the country of origin, No expensive court trials, no questions asked, no special privileges, just bye bye thanks for stoppin by.
We need one Sheriff for the whole country.......
Joe Arpaio - Wikipedia, the free encyclopedia
the point is he won fair.. Buying the winning ticket has nothing to do with being a illegal immigrant. There was no wrong doing on his part. so he should get his winning as the sole beneficiary. Its sad that those people were not his friends
This was my point. He won the ticket in a perfectly legal manner. If you have a problem with his being here illegally you can go through the process of having him deported. He still, however, has every right to keep all of his winnings. One should have no bearing on the other IMO. I think the investigator said as much:
"Lanza testified Friday that she told DeLaRoca in February 2011 the state would tax his winnings but he would not lose the money or get deported for living in the United States illegally."
Si, todos debemos ser llerados hasta hablan espanol!
I personally don't think either is innocent. I don't see why not having his name publicized had to do anything with his family back home. I think it's because he felt it would bring attention to him being here illegally and getting him deported. I also feel the lottery investigator had no right to say he would not be deported when that is not her field of work. Let the man get his money and let immigration do whatever they are going to do. If I won 3 million they could deport me to Antarctica for all I care.
Si, todos debemos ser llerados hasta hablan espanol!
I think you meant llevados Mcginnin56.
And in case anyone is curious it means:
Yes, we should all be brought up to speak Spanish!
Yeah, my Spanish could use some brushing up. Thank you for the correction Janem!
How about California, Texas and Arizona?
I was thinking more along the lines of Texas, Missouri and Tennessee
I'm sure that these states, would have no problem of voluntarily moving into the rich fertile country of Mexico.
Perhaps Mexico could offer more attractive lottery opportunities as well.
I think giving them contol of our 2 largest lotteries may be in order as a pimer to get their new expanded economy moving in the right direction??? perhaps???
Might be wise to see how they handle a couple of the smaller pick 3-4 games in a few states first.
Perhaps the two nations can melt into one????
Why not have all countries of the world, merge into one Super Country?
Let it be called "The Big One".
Let it have no taxes, guarantee everyone a great job, and make playing the lottery mandatory for every citizen.
Oh no, I don't think so.
I'm cool with Texas though.
Yeah, I can sign off on that.
I have some relatives in Texas, whom I think deserve a "permanent" change of scenery.
I think the Lone Star State may enjoy the "low wattage" alternative lifestyle.
Nah, California, Illinois and Massachusetts.
Give 'em all to 'em free with the stipulation that they have to take John(Horseface)Kerry and his wife too or the deal is off.
Welcome to LP Lynn-Lynn, sorry to disagree but I view "being an illegal immigrant" as wrong doing.
You call this person "an immigrant" and then go on to compare him to a tourist in Italy?? Really?? You give liberals a bad name with your sick and twisted logic.
The person in question is an illegal immigrant, NOT "an immigrant" or a tourist........
As far as "wrong doing on his part" it would be kinda like you breaking into a liquor store when its closed and then deciding to pay for the goods you take and leaving the money (for the goods) on the counter.
Then upon being apprehended out side the liquor store expecting to keep the goods that you "paid for"
Would you really try to tell the authorities there was "no wrong doing" on your part?? If you had not broken into the liquor store you would not have had opportunity to "pay for" the goods and "do no wrong"
Not quite. It would be more like me robbing a liquor store and then buying a winning lottery ticket from the guy I just robbed. They could try me all day long for the robbery, but I legally bought the winning ticket and therefore they could not take it from me. One thing has NOTHING to do with the other. This person's legal status has nothing to do with his buying and winning the lottery and as such he shouldnt have to forfeit the winnings because he can't speak or read English or because of how he gained entry into the country.
Then again, I could be completely wrong with my sick, twisted liberal logic.
How about robbing a bank, liquor store, and a jewelry store. Then fly back to your native country, and live happily ever after with the loot.
Who needs the lottery ticket anyways?
Perhaps if it was YOUR house that got robbed you would feel differently??
Feel differently how exactly? Dislike an ENTIRE group of people like illegal immigrants because one happened to break into my house?? Not likely. There are stupid people in every ethnic/social group. If I got mugged by a _______ (black, white, brown, etc.) person I certainly wouldn't hold it against the entire ethnic group. That's called racism and discrimination. There are good and bad people in every color.
I got mugged by a Martian, now I hate the entire race of Martians.
"So I guess because this guy is an immigrant and can't speak or read english he deserves to be ripped off?? "
Yes it actually does. He does deserve to be ripped off.
It would be the same thing as going to a strip joint hooking up with a stripper and having unprotected sex with her and contacting a sexually trasmitted disease. Even if the strip joint claims they check all their strippers out and says they are checked for STD's.
Does that mean they dont have an std? Or contact one in the past week?
Anyone deserve an std if they have sex with a stripper from a strip joint unprotected.
Lets assume you are visiting Italy and you win the lottery, does your not speaking Italian justify some locals lying, coercing you and ripping you off?
So yes if you were planning on visiting Italy and didnt take the time to learn Italian and won the lottery while there and the Italians ripped you off. YES You deserve to be ripped off!
Just as the man deserves an std for having sex with the stripper from the strip joint because he was gullible and didnt take the time to learn english. He's an idiot!
Now it isnt a nice thing that happened but he is an idiot!
For instance on Craigslist their is a warning not to take money orders from anyone buying an item from you its posted everywhere! And if you disregard the warning and accept a money order and it is a fake money order and your were ripped off, you deserved to be ripped off! Your an idiot!
I dont mean you personally are an idiot Im just talking in general terms
And I do hope that they are persecuted to the fullest!!! Because they deserve that as well!!!
In otherwords if you'e going to rip someone off and you get busted you deserve to get persecuted! Because they're also idiots! They weren't smart enough to pull off their harbrained idea!! Idiots!
I simply cannot argue with your stipper logic. I yield to you sir!!
Fact is, our laws don't prohibit illegal immigrants from playing the lottery or collecting lottery winnings.
And that is egregiously wrong.
Letting criminals (Yes, they are CRIMINALS when they enter our country ILLEGALLY) prosper during the commission of a crime is an absolute outrage. EVERYTHING they do while here ILLEGALLY is being done during the commission of a crime.
They should NOT be allowed to claim millions of dollars of law-abiding Americans' money while here committing a crime. We might not be able to prevent them from buying tickets but we can sure as hell stop them from collecting jackpots.
Liberals like to treat Illegals as some kind of subjugated underclass that deserve special considerations and perks for some reason. NO, they are NOT a subjugated underclass, they are CRIMINALS! If bleeding-heart liberals need to assuage their guilt complexes, they should feel sorry for the masses of law-abiding people waiting patiently to enter our country LEGALLY. The ones who are proving they meet all the requirements and jumping through all the hoops to do it LEGALLY.
Have a little care and compassion and consideration for THOSE PEOPLE, the GOOD PEOPLE who want to come here -- NOT the criminals who jump the line and sneak in.
DESERVE is a poor word choice. You have unprotected sex you subject yourself to the potential dire consequences.
He was evading the law and got in with the wrong crew which is usually the only people willing to deal with illegals.
He didn't know the difference between 5% and 50% but knew it was a winning ticket?
Split the child in half - pay uncle sam his due, pay the state all expenses he burdened the state with and put the balance back into the lottery fund.
I agree, what irks me more is when they March around and protest, sorry the right to assemble is my Constitutional right, not yours, go home.
did he get your lottery ticket ?
He did, how could you have known?
Fortunately (never thought I would be saying this about my lottery ticket!), it was a losing ticket.
I also agree with stripper logic........ It makes perfect sense to me....
+1
Best post I've seen in awhile.
I just wonder why it's called common sense.
Not so common nowdays.
Something you didn't mention but is relevant to you post. The profits from other illegal activities are confiscated, why not lottery winnings? Yes the government will blow it. Maybe it should be rolled over to next jackpot.