"D-oh!"
Posted on 11/29/2007 7:08:30 AM PST by nuconvert
Lottery winner wasn't supposed to gamble
By MARK PRATT, Associated Press Writer
Nov 28, 2007
BOSTON - The winner of a $1 million lottery scratch ticket may not be so lucky after all: He's a convicted bank robber who isn't supposed to gamble. Timothy Elliott faces a Dec. 7 court hearing over whether he violated his probation when he bought the $10 ticket for the $800 Million Spectacular game at a supermarket in Hyannis.
Elliott was placed on five years' probation after pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod. Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."
Elliott, 55, has collected the first of 20 annual $50,000 checks from the Massachusetts lottery commission. A picture of Elliott, holding his first check, was posted on the lottery's Web site Monday, though it was removed by Wednesday.
As part of his sentence, Elliott was put under the care of the state Mental Health Department and sent to a hospital for treatment, and state officials refused Wednesday to say whether he was still being treated.
A telephone number for Elliott could not immediately be located Wednesday, and it was not clear whether he had a lawyer.
The lottery routinely cross references the names of winners with the state Revenue Department to see if they owe back taxes or child support, lottery spokesman Dan Rosenfeld said. In those cases, winnings go straight to the Revenue Department.
But in this case, it will be up to the court to determine what will happen with Elliott's winnings.
"This is kind of new territory," he said.
All he needed to do was have someone trusted cash in the ticket, and arrange to have them give him the money (less a small handling fee, of course).
A surrogate winner would have solved his problem, although I don't see how buying lottery tickets (as dumb as that is) is somehow a "parole violation".
“I don’t see how buying lottery tickets (as dumb as that is) is somehow a “parole violation”.
“Under terms of his probation, he “may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played.”
I’ll take it off his hands...
It's a parole violation because it violates the explicit terms of his parole agreement.
I thought that was pretty obvious.
Apparently it is only a violation if he wins. nobody cares if he loses...
At least he can afford a decent lawyer this time.
It doesn't matter since he agreed to the parole agreement. He violated it plain and simple. Now the real question would be if he gets to keep the money. I'm sure the state will do everything in its power to return that money to the general fund for pork...I mean good causes...
Maybe he robbed the bank to pay for his gambling addiction? I would assume that he has a gambling problem if his parole went into enough detail to list restaurants with keno inside.
Knowing nothing about this case, I’m going to take a guess, that he was offered a plea because he has a history of gambling and used gambling debts as an excuse for why he robbed the bank.
just a guess
He won. Give him the money.
It was an "unarmed" robbery and it sounds like someone said "stop" and he surrendered.
I find the "no lottery clause" to be "cruel and unusual"....a whim of the judge. Give the man the money.
He simply did no wrong. Violating probation? Happens every day!! Find me 10 people that were forced to turn over a million dollars because they violated probation. Find me one!!
Buying a lottery ticket is gambling? My state tells me it’s just fun, fun, fun.
A bank robber? Give his winnings to the bank.
But I thought the lottery was just a tax on the stupid, not gambling.
The big question I have is, what are the “or else” terms of his probation? I’d be very surprised if it explicitly states that winnings will be confiscated. I’d take a deal where I have to back to jail but get to keep the cash.
Well, he’s cost the city/state money between his trial and hospitalization, etc - so why not use the money to reimburse for those expenses, and then have the future checks go to various local charities?
Illegals buy lottery tickets and win so why not let a legal criminal a piece of the pie?
He simply did no wrong. Violating probation?
“Under terms of his probation, he “may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played.”
If he can’t visit places where gaming is conducted, then I guess he can’t get gas at most gas stations or visit the majority of grocery stores as gas stations and grocery stores are the biggest sellers of lottery tickets.
This guy can only shop and get gas at Wal-mart or Sam’s till the end of his probation.
Or is my logic faulty?
That would work (if they would use it that way) but ...I like to see the little guy win sometimes.
In all sincerity, the clause was nothing more than wishful thinking on the judges part....and the judge knows it.
I agree. From the looks of things, he probably won't keep it long anyways.
“Judges whim”!! Think this is one of those “cuties” between the Public Defender and the Judge. Why doesn’t it say “No more trying to rob banks?” Remember, this was an unarmed robbery.
I'd probably be willing to do 6 months in the slammer for a million bucks.But upon entering,I'd make sure that my lawyer informed the Department of Correction that they'd be sued...big time...for every single assault that I suffered at the hands of another prisoner.
And then I'd keep my fingers crossed!
We’ll see. I think he’ll get the money.
Thanks.
1. He has the right to keep the money (he won the lottery prize legitimately).
2. He gets sent to jail or faces some other legal consequences for violating the terms of his parole.
I don't see how the terms of his parole have anything to do with what happened subsequently as a result of his violation of those terms (since there was nothing inherently illegal about winning the lottery in and of itself).
With that kind of money at stake, it would be profitable to keep him in the system for the next twenty years and that is most likely their intention. He will not be allowed to keep the money. They will keep locking him up to shut him up. Common sense goes out the window when “gold fever” strikes and our justice system is not exempt.
I’m sure the guy has “gambled” 100 times since he has been on parole. I’ll even bet that his parole officer knows about it....and considered it “no big deal”. We’ll see!!
That kind of limits his choice of grocery stores and convenience stores, huh?
I think its BS to nuke the guy because he bought a lotto ticket.
The STATES push lottery ticket sales in ever state I’ve been in, and make it appear “so cool to do, you might win”. I’d tell them to shove it, give me my money and STFU.
Generally being on parole means he did his time, took his punishment and just has to keep his nose clean and not rob banks (or other criminal acts). Buying a lotto ticket is NOT a criminal act, by any reasonable standard anyone can set.
If the guy originally went to jail for illegal gambling or say, embezzling funds from gambling winnings, or being in debt up to his eyeballs, that would be a different story.
The STATE pushes lotto. They state needs to pay out. Period.
1. He has the right to keep the money (he won the lottery prize legitimately).
2. He gets sent to jail or faces some other legal consequences for violating the terms of his parole.
I don't see how the terms of his parole have anything to do with what happened subsequently as a result of his violation of those terms (since there was nothing inherently illegal about winning the lottery in and of itself).
Ding Ding Ding. We have the winner. Unless the terms of his parole say that he must surrender any winnings or the rules of the lottery state that persons restricted from legally playing the lottery are ineligible then the money is his and his punishment should be the same as it would have been had he not won.
What is obvious is our government in comprised of the more “Sophisticated Class”..... of thieves.
Be sure to steal the man’s winnings you sacks of Legalistic Crap.
W
It's unusual at the very least.
What if he smokes. Try to find a place that sells cigarettes that doesn't sell lottery tickets.
Guess he can't buy gas either. Or find the lone gas station without a convenience store.
He signed the parole agreement. He decided to violate the terms of his parole.
I don't see why a scumbag ex-con deserves to be fed money from the government trough despite the fact that he broke the law yet again.
What other forms of welfare do you support?
You know I will tell you a secret...
Twist a man’s arm hard enough he will no longer comply but lash out even if you break it.
When the State thru it’s thieves tries to pull a stunt like this I am not fooled for a minute. I am surprised you are however.
Show me where others with similar restrictions have been sanctioned and I might believe their positions has some possible merit.
But both of us know better..
This is about jealousy and greed on the part of “public official” Poseurs.
Ravenous wolves who pretend to guard the flock.
Nothing more nothing less.
W
Ok, No sympathy for bank robbers....but....His defense could easily be, “It’s just my way of donating to the state parks fund.” or whatever the state claims it pays for.
That takes the cake for pomposity on this thread so far. Kudos.
When the State thru it’s thieves tries to pull a stunt like this I am not fooled for a minute. I am surprised you are however.
Firstly, the only thief here is a scumbag robber named Tim Elliott.
He had a decision to make: he could either serve his full term for the crime he committed or he could agree to abide by parole conditions and get out early.
He chose parole and he voluntarily agreed to abide by those parole conditions which explicitly stated that he was not permitted to enter lotteries.
And the state cannot even remotely be considered a thief here, since the lottery proceeds came from tickets the state sold to the public and not from tax receipts.
Show me where others with similar restrictions have been sanctioned and I might believe their positions has some possible merit.
People who violate their parole conditions are sanctioned every day. The real question is: why should a special exemption be made for this idiot? Why should he be some kind of magical golden boy who gets a free pass for violating the terms of his parole?
This is about jealousy and greed on the part of “public official” Poseurs.
No, this is about a low-down, dirtbag, degenerate gambler bankrobber who was generously given a parole that he did not merit and then spat on the agreement he voluntarily signed.
**** him.
I hope they take the money, sue him for the money he's already spent plus interest, and put his ass back in the can where he belongs.
~snorrfle!~ The resemblance wasn’t lost on me, either!
I’m with WA, put him back where he belongs!
First off WA is right in that I have did a bad job of making my case initially.
When speaking of twisting ones arm I was trying draw and analogy to the State’s constant encroachment upon the people until they reject the legitimacy of the State..simply by ignoring the law and or regulations. Which of course compromises the peoples position (by design). Those in power within the organs of the State know good and well the people do not follow the constrictions placed upon them. Those in power count on that in order to cherry pick those people and situations where they want to manifest their power and assert their position.
I don’t that there is anything “Pompous” in that.
This guy is not the issue.
I am not defending him as an individual.
I am trying to bring forth an understanding of what I think is really going on in the Justice system using this case as an example.
First off our elected officials have/are passing laws that criminalize nearly everything at a rate in some states of 3000 new laws in a Year (California a while back)
Those who supposedly represent us are arresting, trying and imprisoning more Americans than any other nation on earth including China and India with populations what? 10 Times our own?
The whole Justice system isn’t about Justice in the slightest.. it has devolved, today it is about money and power.
With 2 million of our citizens in Prisons and Millions more on Parole or Probation we have Millions more who are making their living in this Prison Economy.
Making room for New Prisoners allows all the societal parasites from Lawyers to Judges to Prisons to Profit because prisoners are their work product. When there were not enough they went out passed laws and made more.
Parole is not a “Favor” or a “Second Chance” it is a means to economically cycle more people in and out of the Prison Economy and thereby make more profit on the existing Prison Nation infrastructure.
How does that relate to this guy?.
Such terms of Parole are assinine irrelevant, designed to extend the State CON-trol nothing more.
If he is a legitimate threat to the society he belongs in prison in the first place. Of course that is not what is driving the decisions of those involved in the industry.
Restrictions such as “no purchasing of lottery tickets” have no real force or power to protect the people.
They are only mechanisms by which the State can on a arbitrary basis “Vacate the Parole of those whose actions come to their attention.
I have been watching civil asset forfeiture, the Law Enforcement Community and Prosecutors for many years. What I see sickens me.
They engage in the very same predatory conduct as the criminals we properly condemn. They lie before the Juries, perjure themselves.. Men have been sentenced to death in real cases on the basis of perjured testimony by Law Enforcement Officers/Prosecutors. Their release from prison coming 10 years later after the Death Bed Dying Declaration of a Detective involved in the case. After the two men were released not one Person From LEO to Prosecutors has ever been brought up on charges of perjury or obstruction of justice in the case.
That says it all in a nutshell.
Those in positions of authority misuse statutory law and are very good at seizing the assets of citizens. Citizens who for one reason or another have come to their attention. Even if they are unable to obtain a conviction for a criminal matter.
Where does the money go?
Into the very organizations who make the seizures.
To make things more sick the various agencies “divvy up” “get their cut” (in reality for not opposing another agencies seizures).
Thats the conduct of Mobsters not LEOs and Prosecutors.
Civil Asset Forfeiture and the winnings of this person are indeed at the heart of this case. Those in power see the opportunity to put this money in their organizations pockets. That is why this case so sickens me.
I said I would accept the State’s position as correct if they could show me any consistency in the sanction of people on parole/probation who have that constriction on their conduct and have been sanctioned for playing the lottery.
You cannot, because they have not. It is only when this guy won a substantial prize did the State take notice..
I am so stupid as to not apprehend the real meaning of that.
Jealousy, pettiness and greed on the part of those in positions of trust within the organs of the State are what is driving their actions against this guy.
Not a need for Justice or Equity
JEALOUSY, PETTINESS and GREED
Those are the HALLMARKS of third grade HALL Monitors.
Not persons properly entrusted with the power of the State.
I hope I did a better job of explaining my concerns this time.
W
“I am so stupid as to not apprehend the real meaning of that.”
I’m sorry, I do not understand...?
Sorry
http://www.merriam-webster.com/dictionary/apprehend
2 a: to become aware of : perceive b: to anticipate especially with anxiety, dread, or fear3: to grasp with the understanding : recognize the meaning of.
One can understand something without concern
To apprehend is to both understand it and dread the implications...
I guess I could have said
I understand and dread the implications of his being called to task for the “violation” both with regards to the individual and the collective body of the people.
Greed jealousy, malevolent exploitation etc from public officials as official acts ostensibly in the performance of their duties.
W
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