ELIZABETH, N.J. — For one New Jersey lottery winner looking to keep a Mega Millions jackpot all to himself, luck ran out today.
Americo Lopes, who took home a $24 million jackpot three years ago, must surrender $20 million of that bounty to five former coworkers after a civil jury found he cheated the men out of their rightful share of the winnings.
On Nov. 10, 2009, two winning Mega Millions tickets were claimed from a $77 million jackpot, one of which Lopes had, leaving him with $38.5 million. He chose a lump sum and received $24 million after taxes.
(See NJ man sued over $38.5M lottery ticket, Lottery Post, Mar. 14, 2012.)
The verdict in Superior Court in Elizabeth sparked a joyous celebration by the successful plaintiffs, who jumped to their feet and embraced one another, smiles on their faces. Each was awarded $4 million, or about $2 million after taxes and attorneys' fees.
"I feel like I could cheer," said one of the men, Candido Silva Sr. "I believe justice prevailed today."
There was little to celebrate for Lopes, 52, who quickly shuffled past his one-time friends — all construction workers originally from Portugal — and out of the courtroom.
Nearing the elevator, he spoke quietly in Portuguese.
"They robbed me," he said.
His wife, Margarida, shared in the sentiment.
"Justice was not served today," she said.
The case, decided unanimously by an eight-person jury, marked the latest cautionary tale involving lottery pools, pacts often based on trust and a handshake.
The men worked together at Berto Construction Inc. in Elizabeth, where they started playing the lottery together in 2007. Lopes organized the pools two or three times a month, typically when jackpots were large, and collected $2 from each man to buy the tickets. When Lopes hit the Mega Millions winner in November 2009, the men sued, claiming he won with a pool ticket and then cut them out of the winnings.
Lopes, for his part, insisted the winning ticket was his own, paid for with his own money. As proof, he pointed to the winning numbers, which he said he used only for personal picks and never used when playing with the pool.
As they awaited the verdict today, the five friends sat together, their attorneys pacing the sun-bathed courtroom on the 14th floor.
The four-day trial ended when the jury knocked to deliver its verdict after 2 1/2 hours of deliberations. At $20 million, the jury award is believed to be one of the largest in Union County history.
Lopes' attorney, Michael Mezzacca, said he was disappointed by the ruling.
"There are innocent people sent to jail for crimes they didn't commit by the same standard of reasonable doubt this jury used," Mezzacca said. "The fact is that Mr. Lopes won the lottery by himself with his own money and numbers that he picked."
The case was based mostly on testimony from the five plaintiffs and a collection of lottery tickets gathered from Lopes' home.
Eric Kahn and Rubin Sinins, lawyers for the plaintiffs, used the same collection of tickets to show that out of 1,090 times Lopes played, he spent only $12 on 12 numbers the day of the jackpot, an indication he was playing for the pool, which always bought 12 numbers.
Lopes' behavior after the win became a critical component of the case. He told his boss he wouldn't be returning to work because he needed foot surgery, which he never received, and denied winning the jackpot. He also filed for unemployment benefits after claiming the prize.
Also important was testimony from a sixth construction worker, uninvolved in the lawsuit, who said the men gave Lopes money to play the day of the winning drawing.
"Today shows that when you tell the truth, good things happen," Kahn said. "There were a lot of untruths told in this case, but these guys prevailed."
Long before the lawsuit, the six men, who where known at work as the B6 crew, would spend early morning car rides to construction sites daydreaming about what they would do if they won the lottery.
Today, those possibilities came rushing back.
Candido Silva Jr. said he's putting his two children through college. Carlos Fernandes will buy his newborn granddaughter "a present she will remember," and Candido Silva Sr. said he's paying off his house in Hillside and then planning a trip to Portugal for the five men to celebrate.
Three of the men said they will return to work at Berto.
"The money isn't going to be so, so much once we find out what's available," Candido Silva Jr. said. "It's more a victory for us, for what he did to us."
The men said they will continue to play the lottery as a group, but from now on, all tickets will be photocopied.
(Click to display full-size in gallery)
(Click to display full-size in gallery)
There's some bad math in this article or I'm just not getting it. If the guy took the cash option which was $24,000,000 after taxes and now has to split it six ways that would be $4,000,000 per person. While I understand there may be attorney fees why would they have to pay taxes on the $4,000,000 individual portions as the taxes were already paid on the $24,000,000. This must be wrong so I'll assume each guy is probably getting about $3,900,000 as it's not going to be over $500,000 for the five to have received reprsentation. Either way good for them and just another cautionary tale of why you don't get involved in a lotto pool.
WOW!!!!! OK so the numbers that Lopes played were self picked not quick picks correct? So I guess I am wondering were the other tickets purchased by the group QP or picked #?
Can ANYONE here in LP do a search and give us a STATISTIC of how many lottery pools have gone WRONG?
I'm curious to know how many lottery pools have won over the years and how many resulted in some sort of lawsuit.
Didnt we just see this episode? The woman who won was still getting foodstamps. Now this man wins and files for unemployment.....
Greed Greed Greed
Why would you cut out people who put money in the pool with you? And then say justice wasnt served?
Kudos to the 5 men
Looks like this came down to "personal integrity"....The winning ticket COULD have been his personal choice...but that little part about, "He told his boss he wouldn't be returning to work because he needed foot surgery, which he never received, and denied winning the jackpot. He also filed for unemployment benefits after claiming the prize." kind of sets the stage in my humble opinion. A smart sneaky man would have kept his mouth shut, had a close friend/relative make the claim and moved to Costa Rica....OH WELL, he still has his share left...maybe
Whether it was his ticket or not, the lesson of today is , don't join Lottery Pools, not in today's day and age
[O]ut of 1,090 times Lopes played, he spent only $12 on 12 numbers the day of the jackpot, an indication he was playing for the pool, which always bought 12 numbers.
Well, that's easy enough to figure out.
[T]he jury knocked to deliver its verdict after 2 1/2 hours of deliberations.
Unless they had to look through all 1,090 tickets, that's 2 1/4 hours longer than this needed to take.
"Looks like this came down to "personal integrity"....The winning ticket COULD have been his personal choice...but that little part about, "He told his boss he wouldn't be returning to work because he needed foot surgery, which he never received, and denied winning the jackpot."
Keep it simple, buy your own tickets!
I bought my own Mega Millions ticket last nite. $3 on quick picks .....................
Grey Violet is goooooooooooood!
I just have to share it with my non-estranged wife!
Sounds to me like those were his personal numbers, but he stole pool money to play them. So they belong to the pool.
He certainly did not look very happy. they ran the story on the news. He shouldn't have tried to cheat his friends.
That gray violet is an absolutely beautiful color!! Can't see really clear on my phone but assuming its a Bentley? I'll proally grab one after my win on Friday ;-) I as well got $3 in quick picks (and then my personal numbers)
He could have saved himself a lot of grief by giving the numbers on the group tickets by email or by phone so that everyone in the group would have a copy of the numbers before the draws. That way, his own tickets were just that.
Considering all his actions, I suspect that the right decision was probably made.
He has probally spent his share already.. What a jerk.. cheating his friends... LOSER !!!
Just a sampling. Probably more out there. 10 page just on that word search.
http://search.yahoo.com/search?fr=yhs-avg-chrome&type=yahoo_avg_hs2-tb-web_chrome_us&p=+lottery+pool+lawsuits+filed
only 5 people not split with their lawyer.
Your so right "mightwin"...if you want to win just buy your own tickets .. The Mrs. and i would take a ride to R.I. to play powerball in the early 90's .We are from city island in bronx,n.y. ...people would always ask if we could pick you tickets for them ...Its just under three hour ride ..Ididn't want to be mean but i said come along for the ride .All of them said no.OK...Now in 1995 powerball comes to CT...We wouldtake a ride into CT. to around exit 40 or 41 on I95 the Christmas Tree store..Again people would say please pick up tickits for them .I said come for a ride .Ididn't even ask for gas money or anything .people just said no ..I know i got off the track a little but like "mightwin" said just buy your own tickets...I was in a lotto pool at work and it was all nothing but trouble..It got nuts..We were all from the maintenice department of a big hospital but the head of the pool kept adding people al the time ...He added the guy from the deli across the street from the hospital ..,the crossing guard lady from down the block, two ladys from the check cashing place next door ..So i opt out..Funny thing ..They hit for 5 grand and boy did the poop hit the fan ...Who didnt want to pay taxs ,Who wanted the annual payment...Well looks like i got out just in time.SORRY BUT I HATE LOTTO POOLS
All that RUCKUS over 5 grand so you can see why things get so hysterical over a JACKPOT. Heed the warning LP Members
Annual payment on 5 grand?? Not 5 million?
I think once a pool gets near a dozen, 2 dozen max, it's time to break it into 2 smaller groups.
A JP divided by 40-50 people isn't going to be much fun, plus you know the manager of that pool would spend way too much time on paper pushing ... if they're doing things right.
I was in a pool of 20 co-workers before I retired and played the Ohio Super Lotto. We matched 5of6 for $1500 three times and had the same problem about taxes since the player claiming the prize had to pay the taxes.
We settled that problem by paying a member's kid attending college and earning too little to pay taxes to cash our winning tickets. They not only got what we paid them but a refund of the taxes deducted when they cashed our ticket.
Very smart !
Here's the useful quote from the article: "The case ... marked the latest cautionary tale involving lottery pools, pacts often based on trust and a handshake.
The lesson from this is that contracts should be in writing, and they should be written by somebody who's not an idiot. Despite some hassles along the way there are at least 5 players who wouldn't have "won" if they hadn't been in a pool. I put "won" in quotation marks because there's only one person who really knows if the winning ticket was originally intended for the pool or if it really was Lopes' personal ticket. Either way, they got the money as a result of playing in a pool.
A written contract could have easily spelled out the rules and made it obvious wheter the ticket was personal or for the pool. That might have let Lopes keep it all, and it would almost certainly have saved them all the legal fees.
A few years back there were on average about 13 to 16 of us in the clinic I worked in at the time that used to pool our money together when PB and MM would get close to $200M. I was usually one of the two people that would go around and collect money from participants, obtaining signatures along with the amount of money that they wanted to bet. Most we ever won was around $17 lol, but it was still a fun project to work on and I am sure as hell glad that we never won the jackpot... because in truth we would have been ill prepared to deal with the win.
If we won, what about the player that played the week before, but did not place a bet this week because of illness or vacation? Looking back, I think we should have included them, regardless of missing a bet.
Personally I had planned to give everyone in the pool $1 Million each if my personal set of numbers won, but how would I have felt if someone else from the pool had won with their own set of numbers and not offered to share with the others? Not happy, but at the same time it is well within their right to do with their money as they please.
In the past, I would have done things far differently and established a clear set of rules that every participant would agree on and sign before entering the pool, I would have even gone as far to get the document stamped by a Public Notary. Knowing what I know now, I probably will never enter into another lottery pool, seems like too much of a headache if your group wins. For now I just play my own sets of numbers and I don't promise anyone anything if I win.
They used to call that purple.
Exactamundo!
Pools are a hassle and compared to individuals, they rarely win.
Another problem is you're usually in the pool with a bunch of tightwad skinflints and miserly cheapskates who pinch pennies so hard they have Lincoln spinning in his grave in agony. That's the kind of people pools attract.
And you know what happens when one of those tightwads misses a drawing and the pool wins - it's sleazy lawyer time.
Avoid pools just like you'd avoid the cheapskates that like them.
Yes.It was only 5 grand and it was like a big cat..All the guy we're making fun of me because i just opt out a few weeks earlyer...the headguy of the lotto pool had to run around chasing people down fir the money and thats when i said i'm out ..then two weeks later the BIG HIT....5 GRAND...so at 54 years of age i'm still learning about how money really changes people....It was very upsetting to see long time friends acting like two year old kidds....oppps....I sorry ,that was an inslalt to two year old kids.Sorry.Sure everyone wants to hit the big jackpot but at what cost..I do wish everyone the best of luck here on LP but just be carefull .with what you wish for.
You know, he probably could have gotten away with it if he hadn't said "I quit because I won the lottery". It sounds like the co-workers weren't aware of the win until he brought it to everyone's attention. If he had just said "I quit" without giving a reason (or just made something up), it's likely no one would have been the wiser. Doesn't make it right, but slip-ups like that are how people get caught.
Dpoly...I am a fan of Bentleys. Why I was just returning from an out of town trip driving from O'hare to my home near Gurnee when I saw a guy from Wisconsin driving my Continental Spur! I gave chase in my college beater of a Chevy Metro. I will finally part with my beater and trade up to my Bentley when my numbers hit tomorrow.
Congrats to the winners, and the lawyers for the plaintiffs...I won't experience that headache when I win Friday!
Out of curiosity what if this guy claims bankruptcy? Honestly don't think he still has the money..
then they'll be more lawyers.
usually when lawsuits start there is a set amount in question, andthat amouint is frozen and held by the gov,,,,
oh you are right its prob gone
It is not a Plymouth!
It has a bonnet & a boot also!
It looks even better when you see it in the showroom!
Once someone asked the whereabouts of the 12 tickets, it would have been game over.
Had he bought MORE than 12 and given the group the first 12 or last 12 in the series purchased, before the drawing, then he would have had a case.
Also, had he bought his ticket(s) at a different time (and store) and given the group their 12, before the drawing, then he would have had a case.
Being a thieving shmuck isn't a "slip-up", it's a character flaw.
I saw this one in the showroom. It is awesome!
Kumo, you wrote: "Personally I had planned to give everyone in the pool $1 Million each if my personal set of numbers won."
Kumo, I don't understand why you planned that amount; as huge "Gift Taxes" are collected [by the U.S.A. Federal Government] from U.S.A. Citizens who "Gift" more than $13K limit, annually, to a person who isn't their Legal Spouse. Finally, not common knowledge is that all of one's "Gifts" to people must not total exceed $1M (total to all people) during the "gifter's" lifetime!
Therefore, the only way to give a person a substantial portion of your lottery winnings is to include them into the official lottery headquarter's Claim Form [percentages broken down either by individual names, trust name, corporation, or foundation].
I got a red and maroon Harley.
Harley says it's "crimson and brandywine".
Well, I wouldn't ride no dam "crimson and brandywine" bike.
It's red and maroon.
Harley oughta fire every dam lib they got workin' there and they wouldn't have colors called "crimson and brandywine" ever again.
This article isn't very helpful, several key bits of information are missing to CLEARLY show why this man was forced to share the monies he received from the lottery with five additional people.
Seems like I have the same sentiment of everyone else,I don't get the stories we hear about when one of the pool members get sick or cant pay in one week, and the pool wins and they are SOL, in my opinion that is just wrong..in addition EVEN IF the were his own personal picks, it sounds like they were pooling for years, why not share???
Give some undeserved money to one skinflint and you will have to deal with hordes of them begging and demanding and sending sleazy lawyers after you.
Best to stay away from pools altogether.
They attract the cheapest, miserly moneygrubbers in the world.
"...when one of the pool members get sick or cant pay in one week, and the pool wins and they are SOL ..."
It really depends on the kind of people involved. Read the last few paragraphs of this story.
https://www.lotterypost.com/news/190102
I agree. So for the most part , I lean to the side of caution. This is a jury of folks ( common citizens) who don't have common sense. Since the TRUE possiblity did exist that he purchased the ticket with his own money and used his own set of numbers, this jury was no different then the plaintiffs. Hungry for injustice and it was served cold.
Bottom line...Its New Jersey...enuff said. They even tax the highest themselves along side the feds!
Trust me HAB, I know all about those crazy gift taxes now... still think they are
... but back then I was not aware of some of the lottery horror stories of folks that gave away too much. Both myself and the other guy that helped to collect the lottery pool funds, would often state our intentions to spread the wealth during convertations in the breakroom.... just a bunch of "dream big and talk big" convo. We're also talking about a time before I knew about Trusts, Diversification, Estates and Capital Gains. 
Plans have changed since then with better knowledge, no matter what I would give to relatives, it wouldn't go over the combined annual $26,000 that my Wife and I together can give per person.
Lifetime exemption on gift tax got raised to $5,120,000 this year. It goes back to $1,000,000 in 2013
First of all people "if" you're one of those who buys tickets for a lottery pool that you are running you buy those tickets (lottery pool) at one store and always they are to be QP's!
Second you buy your personal tickets at another store and always buy "your tickets" at that store as long as you buy tickets for the lottery pool!!!! Never buy your tickets at the same store you purchase the lottery pool tickets at, "NEVER". And if at all possible you yourself never buy QP's as your personal tickets when your the one running a lottery pool!!!! Be smart and cut off all possible trouble before it has a chance to pop up and bite you in the A**!
If he was going to buy other tickets than those for the pool, he should have made sure members of the pool knew about them and made sure they knew which ones belonged to them before each drawings. If they weren't OK with it then he should have only bought tickets for himself and allowed someone else to buy the pool tickets. He knew the risks and when he won he knew how it looked and decided to quite his job, lay low for a while before putting in his claim as if that ticket did belong to the pool. He acted like a crook and the jury assumed he was a crook.
Does this guy still have $20 million to give to his friends? I think his type would have already blown through the $24 million.
It was probably frozen before he even got to spend a dime, or at least before he spent too much.
Everything I wanted to say has already been said though... Lottery pools suck, if you buy personal tickets don't do it at the same time or even place you buy pool ones and gift taxes suck.
Personally I would never give any one person a million dollar gift, not just because of the taxes (even if the exemption has been raised for a limited time) but because that's a lot of money for someone to potentially screw up their lives with, people might love to share your burden but might not love the outcome for themselves.. I'd be a cheap <snip> and stick to the annual per person exemption for all but one or two people and even still I wouldn't give them anywhere close to 1M in cash.
Last nights results for "LFL" 1, 2, 6, 10, 19 "Lucky Ball" 15
I won on all my three tickets! Got the lucky ball, and two other tickets 2 out of 5. Total purse $8.00
Bad news, cannot retire just yet.
Oh...almost forgot to mention the most important part. On the very first "LFL" drawing, the FIRST Jackpot was from MA!!!
Please, despite your reservations about "LFL" Bigheadnick, please tELL me you played just one line and became LP's first ever Jackpot
winner AND the very first Jackpot winner of "LFL".
Seriously bro.....I hope it was you!
Phew, good to know. Cheers!
So much for my lotto predictions. Really did'nt expect anyone to win yet. Guess i'll just shut my mouth. BTW, whats with this guys first name Americo. Is he trying to fit in.
What's "LFL"??
Lucky for Life, a new game in the New England area. Todd had a thread on it a couple of days ago (13th), in the "News" forum.
No don't ever keep your mouth shut,
predictions is a big part of what LP is all about. Who knows there may not be another Jackpot for three
months.
They have 2 lottery machines where I purchase my tickets. Just to be sure, I purchased an extra ticket from the 2nd machine last nite!
So lottery-pool man wins, regrets playing (only since he won as he most assuridly would have loved being in a pool had one of his other co-'s won), hides win, scams job with false declaration of needed and upcoming surgery, disappears for a semi-short period of time, returns claiming lottery win and IS SURPRISED that one of his co's would have checked dates to see when his win was.
So... he either figures that his co's are as stupid as he would have been, or that they are as stupid as he WISHED they were... and he found a lawyer who saw $$$ signs (ooOOoo fees, more fees!), who didnt take careful notes during their ethics portion of their training (tisk tisk) by not alerting their client of the track record that the opposing side would be able to paint for the court?
So... ... lottery-pool man hired a lawyer just like himself... and got the freedom to split his lottery jackpot with not JUST his co's but also with a bunch of lawyers...
which means... lottery-pool man is ACTUALLY very generous and wanted to share his money with more people, AND that he views lawyers as deserving of said win-fall.
awwwwww... how sweet!
This.
End of story.
A swimming pool is the only pool I'm getting into with other people!
NEVER A LOTTERY POOL!! It's just too much trouble!!
Exactly
This story kind of hit me close to home because I run a lottery pool at work. 13 of us buy Powerball, Lotto, and MegaMillions tickets every payday that cover all of the drawings until the next payday. I also buy tickets for myself, but I take steps to make sure there is no confusion between pool tickets and my personal tickets. The tickets I buy for the pool are multidraw tickets that cover the 4 drawings between paydays, and my personal tickets for for individual draws. In addition, every member of the pool gets a copy of the tickets purchased with pool money, so there is no question of which tickets belong to the pool and which ones don't. I also rarely buy my tickets and pool tickets at the same place, as pool tickets are purchased from stores near work and my tickets are purchased at stores near my home 13 miles away. I don't know if this is enough to protect me from a situation like this, but I don't know what else I could do other than not run a pool.
You can take all the precautions in the world but that won't prevent someone in your pool from sueing you for a share of the jackpot.Its best to just buy your own your own tickets and leave the pool to those who aren't smart enough to buy their own tickets.
Excellent advice!
A lot of pools have gone bad but most of them can be good experiences. In a previous pool that I was in, we had to basically chase down the money from players, we had one person that didn't pay for weeks and wished that we wouldn't win until she could play
!! We even had the person that was the head of the pool tell us we didn't win anything but when we looked at our ticket copy, we saw that we did win $100. and when we confronted her, she was like she didn't know we won..Lol... Even though I didn't start that pool, I took it upon myself to dismantle it because if someone were that shameful over little things, can you imagine what a large jackpot would have done?! I even got a dismantle letter signed by each of the members so years later when I win, they have no rights to my money. Lol. My uncle the lawyer told me how to word it. Now years later I am in another pool with 4 totally different very positive lotto players. Our pool is only for PB but we do have a signed letter by each member what we can and can't do. We use the same set of numbers that we picked together. One stipulation that was put in was that if you buy your own ticket, it could not be our set numbers. So if it was a QP that won then it's your money and you can do what you want with it. If this gentleman did not have anything in place when he won then he should have gotten sued. Just my opinion but I'm happy for the other workers.
"One stipulation that was put in was that if you buy your own ticket, it could not be our set numbers."
The "ownership" of a number set could probably be challenged. It can certainly be circumvented.
Granted RJOh, but I was going off what was stated in the article... The #'s that won were picked #'s. Ok so from that point like I said before all pool #'s are to "ALWAYS" to be QP's and only bought at one store each and every time!!! Your personal #'s are to be picked and "ALWAYS" purchased at another store and the same store each drawing!
You see when you can go to a judge and show that the pool QP #'s were always purchased at one store and only that one store each and every drawing you have shown and set precedent. That goes a long long way in a court of law. When you never waiver from what has always been done and you prove it to be that way, you can't lose!!
So always show that the lottery pool has always received QP's and they have "Always" been purchased at only one store from the start of you running the pool!!!! That's showing "PRECEDENT" You Can't Lose when you have shown that!!!! And that isn't hard to do if you as the person who runs the pool has any common sense and are smart enough to document/photocopy every QP ticket to CYA!!!
Wow so now instead of it being like he won 4 million, it's like he lost 20 million and 5 friends due to greed and dishonesty. He'd have enjoyed his winnings a lot more if he didn't have to go through so much trouble to deceive his coworkers...
I meant to say would be our set of numbers instead of could not..(Typing while at work is a hazard).
and I suppose it would if it wasn't included in the lottery letter but since it was included, No matter who's set of numbers is picked, we all get equal shares. The chosen numbers picked are the sole property of the group and everything will be divided equally between the members, no more, no less as stipulated in the signed agreement terms.
I've never been in a lottery pool.
Stories like these make sure I never will.
Gerald Celente mentioned this story in a recent interview, as an example of increased societal corruption.