Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2011
    Posts
    6

    Default Lottery Embezzlement

    So, a friend of mine, not me and when I say a friend, I mean it; was caught embezzling lotto. Here are some of the details.

    She worked in a gas station and she would just hardly scratch the bottom of the ticket. If it were a winner she would cash it out and remove the funds from the win.

    Example: Scan, $10 winner. Ticket cost $2 so she would take out $8.

    Now if she scanned it and it was a loser she would simply keep it in the lottery case for a customer to buy. NO LOTTO EVER LEFT THE PREMISES UNPAID FOR. Anyway, she was caught and the employer are pining her for embezzlement. So I have a couple of questions.

    One, she is within the proper range to possibly apply for the HYTA program. I only know a little about this program upon doing some searching online. So, is she eligible?
    Other question, what is the law for such an act as this? I know the laws for embezzlement in the state of michigan, however would this be counted as a federal offence since it is state owned, not business owned?
    Third question, since it was under $200 is the max 93 days in jail and fines?

    Overall I just need some clarification of what she is looking at as far as penalties and if she is able to apply for the HYTA program.

    Thanks!

    Info:

    Age: 18
    State: Michigan
    Prior offenses: Driving a jet ski the wrong way on a lake. Small fine. Paid on time. (if you want to even count that)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lottery Embezzlement

    Given that you have told us nothing about the embezzler's age or prior criminal history, let alone followed the instruction to identify her state (HYTA is a Michigan law), we are unable to tell you if she might qualify for HYTA. If she's charged with a federal crime, which I doubt, HYTA would not apply in federal court. The penalty for whatever crime she's charged with committing is whatever it is - you haven't identified the state, jurisdiction or statute.

  3. #3
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Lottery Embezzlement

    Will update first post now with correct information.

    Age: 18
    State: Michigan
    Prior offenses: Driving a jet ski the wrong way on a lake. Small fine. Paid on time. (if you want to even count that)

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Lottery Embezzlement

    How many tickets were sold to other customers after her identifying them as losers?

  5. #5
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Lottery Embezzlement

    Quote Quoting cyjeff
    View Post
    How many tickets were sold to other customers after her identifying them as losers?

    Probably only 20 or so. Most of which being $2 tickets with the exception of about 2 $5 tickets, and about 2 $10 tickets.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lottery Embezzlement

    If the accrued total she stole was less than $200 then she's probably charged with MCL 750.174(2), a 93 day misdemeanor. If she's charged with something else, you would have to tell us the charge.

    If the aforementioned citation was a civil infraction, it would not be relevant to a HYTA disposition.

    She can discuss with her lawyer the local district court's practices in relation to HYTA, and whether then need to (or would be wise to) file a formal petition for a HYTA sentence.

  7. #7
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Lottery Embezzlement

    Quote Quoting Mr. Knowitall
    View Post
    If the accrued total she stole was less than $200 then she's probably charged with MCL 750.174(2), a 93 day misdemeanor. If she's charged with something else, you would have to tell us the charge.

    If the aforementioned citation was a civil infraction, it would not be relevant to a HYTA disposition.

    She can discuss with her lawyer the local district court's practices in relation to HYTA, and whether then need to (or would be wise to) file a formal petition for a HYTA sentence.
    It was a civil infraction I believe, yes. Also, I looked into the law a couple of days ago and I thought that she fell into part two of that, and you just confirmed it.

  8. #8
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Lottery Embezzlement

    Also, would this be fraud instead?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lottery Embezzlement

    Would what be "fraud instead", and instead of what?

  10. #10
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Lottery Embezzlement

    Would the entire thing be considered fraud instead of embezzlement?

    1. Sponsored Links
       

Similar Threads

  1. DV Lottery F1 Student
    By jaiki987 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 11-08-2010, 08:15 PM
  2. Pregnancy and DV Lottery Interview
    By flavos11 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 10-10-2010, 03:21 AM
  3. F Visas: F1 and DV Lottery
    By Benniit in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 07-18-2010, 08:31 PM
  4. Marriage After Winning the DV Lottery
    By tgospodinov in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 06-01-2010, 07:00 AM
  5. I-134 After Winning the DV Lottery
    By berat in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 01-10-2010, 05:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources