Store clerk accused of stealing $1M lottery ticket
&
Man sues lottery over $5 million jackpot

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Originally Posted: August 19, 2005
Revised:

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Store clerk accused of stealing $1M lottery ticket

KPHO – AZ
August 18, 2005

PHOENIX - A Circle K clerk in Nogales is accused of stealing a lottery ticket and then collecting the one million-dollar winnings.

The Attorney General's Office says the ticket was one of several that a man had brought in to the clerk's store to check to see if he had won anything.

Authorities allege that clerk Delia Kerr returned the other tickets to the man, but kept the jackpot-winning "The Pick" ticket.

The man didn't know he had won the jackpot, but complained to the store manager that one of his tickets was missing. They searched but didn't find it.

Nogales police this week arrested the 50-year-old Kerr and her 41-year-old sister, Susan, for investigation of theft and fraud.

The A-G's Office, meanwhile, says it seized more than one (m) million dollars from a Tucson bank account opened by the sisters.

Moral to this story ...
Check Your Own Tickets!



Man sues lottery over $5 million jackpot
No ticket, but computer check would prove claim, suit says

BY CHARLOTTE HALE / The News Journal
08/14/2005

Bob Palese says he would be $5 million richer if he had not destroyed a winning lottery ticket in his washer and dryer.

And rather than giving up his dream of a big jackpot, he's suing the Delaware State Lottery Office to try to collect the prize.

In a lawsuit filed this month in Chancery Court in Wilmington, the 48-year-old Bear resident accuses the lottery office and its director, Wayne Lemons, of failing to investigate his claim that he won the March 21, 2003, game.

Lottery officials announced in March 2004 that a $5 million jackpot was returned to the state general fund after the holder of the winning ticket from the March 21, 2003, contest failed to collect it.

Palese said the state can determine he is the winner by using its computerized lottery system to verify that he played four other sets of numbers along with the winning numbers, 09-13-19-24-27-35, at Valentina Liquors in Bear.

Palese says he knows what the other sets of numbers were because he kept the card he marked to buy his ticket.

"It's a virtual statistical impossibility that anyone besides [Palese] had played the same five 6-number combinations," the lawsuit says.

Lemons was not available to discuss Palese's claims. Lottery spokesman Brian Peters and the state Attorney General's Office, which represents the lottery in legal matters, would not comment.

Palese first tried to collect the prize a few weeks after the drawing by writing a letter to the lottery. But Lemons replied in a letter that Palese would have to wait one year from the date of the drawing for a review of his claim, the lawsuit says.

Shortly after the one-year anniversary of the drawing, however, Palese saw an item in the newspaper reporting the jackpot had been returned to the general fund. When he questioned lottery officials about it, they told him not to believe everything he read in the paper and a few days later asked for details about Palese's purchase and loss of the ticket, the lawsuit says.

Palese said the ticket was destroyed after he put it in the pocket of his jeans and then ran the jeans through the washer and dryer.

"Never once did they say to me, 'Mr. Palese, if you don't have the ticket, you don't win the money,' " he said.

Despite these efforts, Lemons told him through a letter in mid-April 2004 that he could not claim the prize without the winning ticket.

This is the second lawsuit Palese has filed to try to collect the winnings. He voluntarily withdrew the case he filed in Superior Court in December 2004.

Deputy Attorney General Michael McTaggart argued in a motion to dismiss the first lawsuit that state laws and lottery regulations require the presentation of a winning ticket to claim a prize. The regulations also say the lottery is not responsible for lost, stolen or mutilated tickets.

Court decisions in several other states also support this position, he wrote in the motion.

McTaggart's motion also alleged the state was protected against such lawsuits by sovereign immunity and that the proper court for making such a claim was Chancery Court.

Palese said if he wins his lawsuit, he would use the jackpot to put his 16-year-old son, Vincent, through college and take care of his 79-year-old mother, Dorothy.


Thank You San Antonio College Students For Explaining
175 million-to-one Mega Millions odds. WOW - what analogies
they came up with! Also included ...
What would your life be like if you won hundreds of millions of dollars?
Click here.

Texas Lottery Denies Cheating Lotto Texas Winners
But excerpts from Commission Meetings refutes the TLC claims
of innocence. The complete story including a winners complaint letter
to the DA. (Special note to those winners who called inquiring about
the way you were paid - your suspicions. I've included a spreadsheet
that includes the rate that was applicable at the time of your win
so you can now figure out if you received your full amount.
) Click here.

What is Problem Gambling? Click here.

Real Life Examples of Gambling Related Crime and Corruption. .

Sad but True Winners Stories (1), Click here

Read story about a Texas $31 million winner
who committed suicide (1999). Click here.

Sad but True Winners Stories (AOL), Click here.

One Winner - One Loser - What a story.
Everyone should read this one.
Three other stories
include an interview with a winner, a news story
regarding the Oct 13 Lotto Texas machine malfunction
and the huge sales decline for New York's in state
Lotto game since joining MM.
Click here.

Store Owners and Employees Admit Stealing
$100,000 Powerball Ticket ...
Don't let this happen
to you. Click here.

Canada Has A Gambling Problem. And so will Texas.
Governments hooked on gambling. Here's WHY we need to oppose
expanded gambling in Texas and why the TLC turns me OFF.
Click here
.

About that 2005 Texas Lottery Demographics Study.
See what the "real" truth was! A Texas Tech Study. Click here.

Thank You Dallas Morning News ... Their study of lottery sales
by districts confirms who really plays the games of Texas. Click here.

Just point and click ...

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