Montana's $1M lottery raffle winner sued for half of prize

Jan 10, 2015, 1:23 pm (42 comments)

Montana Lottery

HELENA, Mont. — A regular at the Town Pump in East Helena, Montana, is suing 23-year-old Jeff Fallang, who recently hit a $1 million jackpot and has not given the plaintiff a cut.

Michael Hess said he went to the store to purchase Montana Millionaire tickets on Dec. 23, and told Fallang if he won, he'd split his winnings, according to documents filed in Helena district court Thursday. Fallang, who was on shift, asked Hess if he could buy a ticket from him.

"I then told Jeff I would as long as if he was to win we would split it in half," Hess said in a signed affidavit. "Jeff agreed to the terms of me buying the ticket for him and I purchased the ticket."

Hess bought a third ticket with the same agreement, according to court documents. His two tickets were numbers 133605 and 133658. The number of the ticket he bought for Fallang was 133618.

Helena-based Doubek, Pyfer & Fox, LLP said the winning ticket 133618 was announced Dec. 30, according to court documents. Hess said Falling has refused to split the winnings, so he has requested a restraining order preventing Fallang from spending, transferring, conveying or otherwise disposing of at least $500,000.

Fallang said he intends to spend a significant portion of the money on a family vacation, to purchase a home and go on the 4-20 Tour (which is a marijuana-smoking tour in Colorado), according to court documents.

The court documents also named two Town Pump employees who said they witnessed an agreement between the two.

"Jeff and Mike made the deal on each of the three tickets that night. The agreement was Jeff and Mike splitting the winning in half and both of them agreed to this agreement," said Sam Allen, the cashier who sold the tickets that evening, in a signed affidavit. A deli clerk also witnessed the agreement, Allen added.

"After all three tickets were purchased we all stood there and chatted a little longer on what we would do with our half if we won," Hess said. "After learning Jeff's ticket was the winning ticket, I contacted him to get my agreed half. He refused to respond to my request."

Reached by phone, Fallang declined to comment Thursday night for this story.

Last week, he declined to tell the Independent Record in Helena why he decided to buy the tickets. He said he doesn't play the lottery regularly but has bought tickets for Montana Millionaire in the past. He planned to take time off work, but then return after the publicity dies down.

"I don't really know how it'll change my life, but hopefully nothing changes," he previously said. "I don't have plans for any of it. I just plan to keep living life."

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Billings Gazette

Comments

BellasBMWLucki

How awful.

ALWAYS REMEMBER EVERYONE who is in this horrid situation,it can be avoided,by simply a few astute steps:

PROTECT YOUR WINNING$$$ 

Simply by:

1.)sign a document adaging,"If monies are won,we will share 1/2 and 1/2 equal split."This is so easy to do,to ensure that later trust me it will hold up in any court of law,with a signed agreement,that if monies are won,from the other party,you're entitle to half,or whatever amount is listed on the official documented agreement.WinkI would sign in a ny minute,if i was doing a lottery-shared pool,or even a loving family member,premise on you NEVER know how things will go now a days.As this article adage,in court it would have to remain"as is"until ALL court hearings are adjudicated on such relevant issue.The guy wouldn't be able to spend NADA,transferring;and or conveying,or otherwise disposing of any or at the least 1/2 that is owed to this guy,who was promise his 1/2 of the lotto winnings et;al.,

You have to get it all in writing in "advance,that the money will be shared equally."

 

I wish more would think to do this,i know i would,and i know some 1 who did (see below example)

 

2.)notarize it,if feasible same day of agreement,and or at the least,just sign something,or heck i know a few who record it,on a smartphone et;al.,

 I.E.,

middle of 2014

I had a friend who won suit,and he promise his parents,and sister back a hefty$amount,to be shared.He did the RIGHT thing,so i know GOD will keep blessing all of them for it.(they house him,while he was down on his luck,barely had 100 bucks each week in the bank,they took GOOD care of him,soon as his'jackpot in the form of the suit came in,he kept his word,but older sis and both seniors,the parents,had it all in writing anyhow,as back up,and would have held up in court."

He has no regrets of SIGNING the  letter type up by the family and him,they heck took good care of him for years prior to the suit windfall $$$ coming in last year.The family and himself still have more$$ to go around for 10 lifetimes.$$$ So in their case it all worked out well.

 I hope, if true,the man will get his portion... i WILL follow this story,because he should get his 1/2 if this was really agreed upon.

adios

ThatScaryChick's avatarThatScaryChick

I think this is going to get nasty. The fact that Michael Hess has two witnesses who heard Jeff Fallang agree to share the any winnings might help his case. If they are telling the truth of course. Also, he went to the store and bought the tickets so that might show that they did have an agreement.

noise-gate

You have to have it in writing...end of story! Bringing in eye witnesses to what he said/she said may work..but it's dicey.

Bearded Jeff does not know what he going to do with the money- what he does KNOW for certain is that his going on the marijuana smoking tour in Colorado, l guess that is what he defines as " living life"- what a Guy!

All the best in trying to get your half of the money Micheal, l sure hope you " have definite plans " should you be successful.

On a side note: Make sure you know where that Smoking tour bus is going to be at all times.

lothob's avatarlothob

4-20 tour, lol.

mypiemaster's avatarmypiemaster

Don't you just hate it when shiiiiiiit happens?. Some people will never learn.

music*'s avatarmusic*

Party I have made oral and written promises and I will keep those promises when I win the 

 Mega Millions jackpot for $246,000,000.00 .   Good Luck to all LP members & Staff !! Banana

LottoMetro's avatarLottoMetro

Mike bought the ticket, so why didn't he just keep the ticket? i.e.

  1. Mikes buys ticket for Jeff.
  2. Mike keeps ticket until drawing.
  3. Winner, Mike contacts Jeff so they can claim/split together.

Instead, now you have:

  1. Mike buys ticket for Jeff, gives ticket to Jeff in hopes that Jeff will, out of the kindness/honesty of his heart, split winnings
  2. Jeff gets away scot-free, having scammed another idiot lottery player into buying him a winning ticket (clerks love people like Mike)

If Mike doesn't get the money it's his own fault. Who really believes a stranger will split their winnings with you? Especially with no written agreement? Sorry, but a handshake has never been reliable for contract binding...you can throw in words "trust" and "honesty" all you want but since the beginning of time, it has failed.

Absolutely zero sympathy from my department.

maringoman's avatarmaringoman

Mike Hess bought 3 tickets, gave one to Jeff and then they agreed to split any wins on the three tickets (including the two he kept for himself)? It sounds absurd and Jeff's lawyer will exploit that. Jeff can easily claim there was no partnership and the ticket was just a gift. The witnesses memory of the exact words used will be key to deciding this one.

RedStang's avatarRedStang

I'm waiting for this to happen to me. I get QP tickets for our work pool and myself. I know what's coming if i win. This case should be interesting since there's a witness.

PrinceRene

the only people who will walk away with any money after the dust settles are the lawyers. No Nod

mikeintexas's avatarmikeintexas

Quote: Originally posted by PrinceRene on Jan 10, 2015

the only people who will walk away with any money after the dust settles are the lawyers. No Nod

You got that right.

I used to get my tickets at a nearby convenience store, but would try to avoid going in when a certain clerk was there.  She was friendly and I'm sure she really meant no harm, but she'd say when handing my ticket, holding it back after I'd already paid:  "Now, you have to promise me you'll split it with me if you win!"  I used to just smile, not saying anything until finally had to tell her no, I wasn't promising her a dime, wasn't going to have her suing me for her "share".

Ron5995

Use of self-service terminals avoids that issue. Plus offers other benefits too, such as being able to wager exactly the way one desires without need of explaining it all to the clerk.

As for pools, providing a copy of all the tickets front and back to all the participants prior to the drawing is highly recommended. Additionally, it may be best to purchase one's personal tickets at a different time and location than those for the pool. And more ideally, playing one's own numbers instead of quickpicks, and retaining past played tickets with those hand-selected numbers as documentation.

RJOh's avatarRJOh

This sounds like one of those "remember me if you win" scam promoted by people loitering around stores selling lottery tickets.  I usually tell these bums "I don't know you now and I won't be knowing you if I win".  Even if you say nothing, the people actually think they have an enforcealble contract.

mikeintexas's avatarmikeintexas

Quote: Originally posted by Ron5995 on Jan 10, 2015

Use of self-service terminals avoids that issue. Plus offers other benefits too, such as being able to wager exactly the way one desires without need of explaining it all to the clerk.

As for pools, providing a copy of all the tickets front and back to all the participants prior to the drawing is highly recommended. Additionally, it may be best to purchase one's personal tickets at a different time and location than those for the pool. And more ideally, playing one's own numbers instead of quickpicks, and retaining past played tickets with those hand-selected numbers as documentation.

Yes, I use one in the grocery store sometimes, but I mostly buy my tickets at a locally owned (as are all here in Texas) liquor store because the retailer's cut would stay here in town and not go to some out-of-state corporation.    I hope that if the store ever sells a winning ticket, the owner would give bonuses to his employees.   The downside of using a machine is that they sometimes malfunction - it's happened to me three times before and I had to stay at the machine until management came to sort it out. (all three times I had money in the machine and nothing came out, the scratch ticket or the lotto slip had hung up - I was positive that if I left, the next person would be able to use my credits I had already paid for or my scratchers would dispense for them )  Also, if there's dust on the bill scanner it won't take bills.  I was trying to fill up a five gal. water bottle the other day and that machine wouldn't take a new dollar bill, but it took another that was torn and faded, go figger.

maringoman's avatarmaringoman

Quote: Originally posted by RJOh on Jan 10, 2015

This sounds like one of those "remember me if you win" scam promoted by people loitering around stores selling lottery tickets.  I usually tell these bums "I don't know you now and I won't be knowing you if I win".  Even if you say nothing, the people actually think they have an enforcealble contract.

Some guy at work loved to say to me "we'll share the big jackpot when you win" hoping I'd say "of course." All he ever got was a smile. He got the hint and stopped.

rcbbuckeye's avatarrcbbuckeye

Quote: Originally posted by mikeintexas on Jan 10, 2015

Yes, I use one in the grocery store sometimes, but I mostly buy my tickets at a locally owned (as are all here in Texas) liquor store because the retailer's cut would stay here in town and not go to some out-of-state corporation.    I hope that if the store ever sells a winning ticket, the owner would give bonuses to his employees.   The downside of using a machine is that they sometimes malfunction - it's happened to me three times before and I had to stay at the machine until management came to sort it out. (all three times I had money in the machine and nothing came out, the scratch ticket or the lotto slip had hung up - I was positive that if I left, the next person would be able to use my credits I had already paid for or my scratchers would dispense for them )  Also, if there's dust on the bill scanner it won't take bills.  I was trying to fill up a five gal. water bottle the other day and that machine wouldn't take a new dollar bill, but it took another that was torn and faded, go figger.

I quit using those stupid machines. The other day with a lapse of judgment I used the machine at Tom Thumb to buy an All or Nothing QP and it kept spitting my dollar bills back out. More trouble than it's worth.

Stack47

Quote: Originally posted by RJOh on Jan 10, 2015

This sounds like one of those "remember me if you win" scam promoted by people loitering around stores selling lottery tickets.  I usually tell these bums "I don't know you now and I won't be knowing you if I win".  Even if you say nothing, the people actually think they have an enforcealble contract.

It looks like you worked with the same guy I did. Over the years, I'll bet he made the "I'll share with you if I win and you share with me if you win" deal with at least 2000 people. Two guys pooled tickets with him for a few Super Lotto drawing, then broke up the pool, and the two other guys split a $20 million jackpot about a year later. Ten years after it happened, he still says he was cheated out of his share.

Can't predict the outcome of this fiasco, but it will be fun watching.

TheGameGrl's avatarTheGameGrl

Oral contracts can and have won in court hearings. The fact that there were witness's is a bonus.

Still will await the full disclosure as its been known to happen that there is more to the truth then is being conveyed.

Simple written agreements would have resolved this matter, live and learn.

Teddi's avatarTeddi

I'm surprised by how many people are using the witnesses as a tie breaker. The first thing I considered was that they might have been promised a cut for their testimonies. Why was the deli worker even in on the conversation? Was he on a break or is the deli counter that close to the ticket counter? Seems odd.

Another point, unless Hess and the winner were friends, I really don't care if there was a supposed verbal agreement. As has been pointed out by many here, it's become pretty normal for acquaintances, coworkers or even total strangers to jokingly request a share should you win. I really don't take those requests or the responses to them as a verbal contract. Only if they were close friends would I take that exchange seriously.

ronki

if your the one buying the tickets in a lottery pool like I am and buy tickets for yourself do what I do make copies of the lottery pool tickets give them out to the ones in the pool that way no trouble right now we are playing 2sets of numbers for 19 draws the copies have the date on the ticket when you bought them

myturn's avatarmyturn

I never get involved in syndicates or groups of any kind, or agreements, verbal or written.

Also, I don't buy tickets in stores, I only buy subscriptions online or by mail.

hearsetrax's avatarhearsetrax

Twitchwell I hope the lawyers enjoy thar cut of this mess

sully16's avatarsully16

Never make a promise you know you won't keep.

fja's avatarfja

Since The Town Pump (love the name) is a pretty big corporation, I'm guessing there are camera's at the store,,,,

"So Bob-Let's go to the video!!"

Wendy G's avatarWendy G

The best way to avoid a situation like this is to never promise anyone

at anytime any of your winnings. Some people have integrity and some don't.

Better to be safe than sorry.  When you purchase a ticket(s), keep your mouth shut. 

hearsetrax's avatarhearsetrax

Quote: Originally posted by fja on Jan 11, 2015

Since The Town Pump (love the name) is a pretty big corporation, I'm guessing there are camera's at the store,,,,

"So Bob-Let's go to the video!!"

you can go to the video all you want but last I remember, not all store security cameras come with sound recording equipment

Tony Numbers's avatarTony Numbers

This is what happens when stoners play the lottery

RJOh's avatarRJOh

Michael Hess said he went to the store to purchase Montana Millionaire tickets on Dec. 23, and told Fallang if he won, he'd split his winnings, according to documents filed in Helena district court Thursday.

"I then told Jeff I would as long as if he was to win we would split it in half," Hess said in a signed affidavit.

Sounds like Hess did all the talking and now he thinks he has an enforceable contract.

Stack47

Quote: Originally posted by RJOh on Jan 11, 2015

Michael Hess said he went to the store to purchase Montana Millionaire tickets on Dec. 23, and told Fallang if he won, he'd split his winnings, according to documents filed in Helena district court Thursday.

"I then told Jeff I would as long as if he was to win we would split it in half," Hess said in a signed affidavit.

Sounds like Hess did all the talking and now he thinks he has an enforceable contract.

Yep and he has witnesses that heard him doing all the talking. Wonder if he has a witness who heard Jeff agreeing to split all the tickets.

KY Floyd's avatarKY Floyd

Quote: Originally posted by RedStang on Jan 10, 2015

I'm waiting for this to happen to me. I get QP tickets for our work pool and myself. I know what's coming if i win. This case should be interesting since there's a witness.

What's  the starting salary for witnesses in Montana?

One thing the guy suing has going for him, assuming he's telling (most of) the truth.  If it was a single transaction the lottery will know. Based on the numbers, the winning ticket is probably the 2nd of 3 purchased in a single transaction. That should make it easy to establish that Hess bought the winning ticket and subsequently gave it to Fallang. Fallang was apparently working at the Town Pump at th time, and was prohibited from buying a ticket while working; it should be easy to verify that. It also means that the two witnesses are coworkers of Fallang. That may reduces the chance that they're lying.

Still, the story is a bit weird. Why wouldn't Fallang simply buy his own ticket later?

 

As far as buying tickets for yourself and a work pool, why would you worry?  You do have a written agreement that makes it clear which tickets are yours and which belong to the pool, right?

KY Floyd's avatarKY Floyd

Quote: Originally posted by RJOh on Jan 11, 2015

Michael Hess said he went to the store to purchase Montana Millionaire tickets on Dec. 23, and told Fallang if he won, he'd split his winnings, according to documents filed in Helena district court Thursday.

"I then told Jeff I would as long as if he was to win we would split it in half," Hess said in a signed affidavit.

Sounds like Hess did all the talking and now he thinks he has an enforceable contract.

It shouldn't sound that way unless you stopped reading with the part you've quoted.

dallascowboyfan's avatardallascowboyfan

Quote: Originally posted by PrinceRene on Jan 10, 2015

the only people who will walk away with any money after the dust settles are the lawyers. No Nod

Yep sad bit true.

pickone4me's avatarpickone4me

Only in a liberalized America this would happen.

RJOh's avatarRJOh

Quote: Originally posted by KY Floyd on Jan 12, 2015

What's  the starting salary for witnesses in Montana?

One thing the guy suing has going for him, assuming he's telling (most of) the truth.  If it was a single transaction the lottery will know. Based on the numbers, the winning ticket is probably the 2nd of 3 purchased in a single transaction. That should make it easy to establish that Hess bought the winning ticket and subsequently gave it to Fallang. Fallang was apparently working at the Town Pump at th time, and was prohibited from buying a ticket while working; it should be easy to verify that. It also means that the two witnesses are coworkers of Fallang. That may reduces the chance that they're lying.

Still, the story is a bit weird. Why wouldn't Fallang simply buy his own ticket later?

 

As far as buying tickets for yourself and a work pool, why would you worry?  You do have a written agreement that makes it clear which tickets are yours and which belong to the pool, right?

"One thing the guy suing has going for him, assuming he's telling (most of) the truth."

I'm sure Michael Hess is telling the truth as he sees it but Jeff Falling had the winning ticket and now has the cash so the truth as he sees it may have more bearing on this case.

Why would Hess who brought two tickets for himself and only one for Falling consider splitting his winnings equally with Falling?

Get paid's avatarGet paid

I don,t buy lottery tickets for no one I don,t paticipate in buying tickets with groups,to keep confuision down,I buy my own tickets.Good Luck.

shadowlady's avatarshadowlady

I do joke around with most of the clerks, but have never had one that "aggressive" on wanting to share.

 

You know, the easy way they should have done it to make sure that they would split it, is to both of them sign the tickets right after the purchase.  That way Jeff would not be able to (try to) claim the prize alone.

RJOh's avatarRJOh

Quote: Originally posted by shadowlady on Jan 12, 2015

I do joke around with most of the clerks, but have never had one that "aggressive" on wanting to share.

 

You know, the easy way they should have done it to make sure that they would split it, is to both of them sign the tickets right after the purchase.  That way Jeff would not be able to (try to) claim the prize alone.

I do joke around with most of the clerks, but have never had one that "aggressive" on wanting to share.

That's probably because you've never won a million dollars or more, if you had someone would want to share it.

noise-gate

Quote: Originally posted by RJOh on Jan 12, 2015

"One thing the guy suing has going for him, assuming he's telling (most of) the truth."

I'm sure Michael Hess is telling the truth as he sees it but Jeff Falling had the winning ticket and now has the cash so the truth as he sees it may have more bearing on this case.

Why would Hess who brought two tickets for himself and only one for Falling consider splitting his winnings equally with Falling?

Why would Hess who brought two tickets for himself and only one for Falling consider splitting his winnings equally with Falling?

That's a good question- after all Jeff invested absolutely nothing.Michael is a fool to suggest such a thing in the first place.

noise-gate

Quote: Originally posted by KY Floyd on Jan 12, 2015

What's  the starting salary for witnesses in Montana?

One thing the guy suing has going for him, assuming he's telling (most of) the truth.  If it was a single transaction the lottery will know. Based on the numbers, the winning ticket is probably the 2nd of 3 purchased in a single transaction. That should make it easy to establish that Hess bought the winning ticket and subsequently gave it to Fallang. Fallang was apparently working at the Town Pump at th time, and was prohibited from buying a ticket while working; it should be easy to verify that. It also means that the two witnesses are coworkers of Fallang. That may reduces the chance that they're lying.

Still, the story is a bit weird. Why wouldn't Fallang simply buy his own ticket later?

 

As far as buying tickets for yourself and a work pool, why would you worry?  You do have a written agreement that makes it clear which tickets are yours and which belong to the pool, right?

What's  the starting salary for witnesses in Montana?

That's a Killer line Floyd...LOL.

Kinda reminds me of a bumper sticker l once saw .. it said " YOU CAN'T BUY AN HONEST MAN, UNLESS THE PRICE IS RIGHT!"

KY Floyd's avatarKY Floyd

"Why would Hess who brought two tickets for himself and only one for Falling consider splitting his winnings equally with Falling?"

Maybe they were friends when he bought the ticket. Maybe Fallang sold him his weed really cheap. Who knows? Just because you or I wouldn't give somebody half, especially on a modest win, doesn't mean other people wouldn't.

RJOh's avatarRJOh

Quote: Originally posted by noise-gate on Jan 13, 2015

Why would Hess who brought two tickets for himself and only one for Falling consider splitting his winnings equally with Falling?

That's a good question- after all Jeff invested absolutely nothing.Michael is a fool to suggest such a thing in the first place.

Maybe he only came up with the suggestion in the second place after learning his tickets were losers and Jeff's was a winner.  He could hardly suggest he should get 2/3 of the million since he paid for two losing tickets unless he truly believed all three tickets belonged to both of them.

savagegoose's avatarsavagegoose

one gets  a  1/2 sahare in 3 lotto tickets for $1. the other gets a half share in in 3 lotto tickets for $2. theyre both winners

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