A Pennsylvania man charged with forging a winning lottery ticket in October was only playing a joke on a coworker, his defense attorney said today.
That joke, attorney Stephen Ellwood said, was merely "that (James A. Koons Jr.) wanted someone to find it and think it was real."
And that someone — Brian Scott Miller, 34, of Pheasant Drive South in North Middleton Township — now faces charges after he allegedly found the ticket at the Middlesex Township trucking firm where he worked and tried to cash it.
When Miller showed up at Pennsylvania Lottery's headquarters in Middletown, he brought three coworkers from Roadway Express.
The four were part of an 18-member group of employees who played Powerball every day, buying tickets at various stores around Carlisle. On Oct. 21, they showed up with what appeared to be a "second-tier" winner worth $853,942.
Officials took the ticket and, as standard procedure, told Miller he would be contacted in four to six weeks.
In reality, though, the lotto official turned the ticket over to security, saying "that the ticket felt funny and might not be official," authorities say.
A few quick tests confirmed that it was neither official nor purchased locally.
An undercover agent with the Pennsylvania Attorney General's Office set up a sting and had Miller come in to collect a check. Instead, Miller was given a fake check and promptly arrested.
It was only after the ticket was traced to a store in Koons' hometown of Hegins that authorities began to pursue others' involvement in the scam.
In grainy surveillance footage shown at today's hearing, officials showed a man — subsequently identified as Koons — pulling the bogus ticket out of his pocket and sliding it under a newspaper left on the table at Roadway's break room.
Five minutes later, Miller sat down at his usual table and, like he did every day, checked his tickets against the printed winning numbers. Below the paper, he found a ticket with five of the six numbers matched from the night before.
At the time of his arrest, Miller was charged with forgery and attempted theft by deception. The net sentence, had he been convicted, was up to 14 years in prison.
It was only after more leads surfaced that authorities changed the charges to making unsworn falsification, which carries a two-year maximum.
At the same time, Koons was charged with forgery, unlawful use of a computer and tampering with a public record.
The other 17 members of the pool are cleared of any wrongdoing, authorities say.
Among the evidence presented today was testimony that Koons had, shortly after Miller was arrested, attempted to wipe clean his computer's hard drive. A state police computer forensic specialist was still able to locate six thumbnail pictures of a scanned lottery ticket on the computer that police seized.
By scanning a real lottery ticket and "cutting and pasting" numbers over top of the real ones, Koons created not one but three of the fake tickets, authorities say. He told authorities he subsequently tossed one of the tickets and left the other two in Roadway's break room, where Miller found one.
At today's hearing, District Judge Susan Day forwarded all charges to Cumberland County Court. If convicted, Koons could face up to 10 years in prison.
Miller is awaiting a May trial in Dauphin County.
Both remain free on bail.


I guess this joke backfired big time. Maybe it should have been a fake Unlucky for Life ticket.
Even though this guy seems to be a practical joker he should still be prosecuted for forgery it's the law.
This hopefully will teach him a lesson
What a Jerk-Ass, I hope he rots in prison.
What would he have done if that poor man had a heart condition and had a heart attack after all this crap I think that the law is doing the right thing
I'm a little curious about the 4-to 6 week wait.
Is this standard protocol for cashing a winning ticket in PA, or was it part of the investigation once the lottery commision saw the ticket ?
I mean, if the ticket was real, would one have to wait 4 to 6 weeks ???
DD
This should be a lesson to all, "Never cash in a lottery ticket you didn't buy".
I think was part of the investigation once the lottery commision saw the ticket, cause normally, they will just write you a check.
It's my understanding that,depending on the prize tier,it can take that long to get your money.It's absolutely true if you win the Powerball or MM.They have to collect monies from all the states in that group.It takes time to get the money from those states,so the waiting period.
I'm sure "Bubba" and "Leroy" will have a few funny jokes of their own to show this guy when he gets to prison.
don't play with dreams, send him to jail
I'm sure "Bubba" and "Leroy" will have a few funny jokes of their own to show this guy when he gets to prison.
4/6/2006
lolololololol........now , that's funny.....I'm lovin it....lololololololol
It's my understanding that,depending on the prize tier,it can take that long to get your money.It's absolutely true if you win the Powerball or MM.They have to collect monies from all the states in that group.It takes time to get the money from those states,so the waiting period.
4/6/2006
But, can we start spending the money, as soon as the Lottery officials write the check??
How soon can you start spending the money.....I guess it's safer to wait until after you have personally pushed the button that electronically deposits the money to your account...I do not know I am just guessing, but I welcome anyone's imput on that ?????
"Miller is awaiting a May trial in Dauphin County."
Am I misunderstanding this? Why would the man who found the ticket be charged once it was established that he was fooled by a scam? That doesn't make any sense to me. Remember the man in MA who found a ticket in the trash and then someone said he accidentally threw it away? If the ticket was fake and just a prank, it would have simply been an honest mistake, right? I don't know why someone who finds what he thinks is a legitimate winning ticket would go to jail. I think it's really stupid to think that, by some miracle, you found a winning ticket and he deserves to be punished just for being an idiot, but technically I really don't think he's a criminal.
A former neighbor of mine (thank goodness for the "former" part) once gave me a scratch ticket that said I won a million bucks. It looked very real, but I know better. Some people who aren't lottery players don't. In fact, he told me he's fooled a lot of people.
"The four were part of an 18-member group of employees who played Powerball every day, buying tickets at various stores around Carlisle. On Oct. 21, they showed up with what appeared to be a "second-tier" winner worth $853,942."
Again, I don't think Mr. Miller was trying to be a crook or fool anyone, especially since he shared his good fortune with his fellow co-workers. Koons, on the other hand, should be punished for the prank and for practically ruining the life of his coworker and also to discourage future acts of fraud, although compared to child rapists and murderers, it's not a major felony.
"But, can we start spending the money, as soon as the Lottery officials write the check??"
Good question, Libra! Before claiming my prize I would definitely give notice and move out of my apartment, but I'd need money to live on. Maybe that's why people always say to act normally, don't tell anyone, and keep your job, but I'd probably just use my Visa for a month. I always assumed it would be available a few days after the money was claimed, but I guess I was wrong. 4 to 6 weeks seems like a long time if that's a normal delay. Sounds as if they want to run a person's credit history and criminal background. In this day where everything is wired electronically, I would think 5 to 7 days would be enough time to transfer any amount of money.
First article: The Powerball jackpot continues to climb. Even though the grand prize was not hit Wednesday evening, 853,497 players across the nation won a total of more than $7.5 million in prizes in "America's Game".
Second article: "...they showed up with what appeared to be a "second-tier" winner worth $853,942."
Notice that the number in the 2 articles posted are almost identical?
That is the way that it is in Ohio we have to wait 4 to 6 weeks for the money because they do have to collect the money from the other states as well but hell now a days just telling people and vendors and stuff like that you won is just as good as the check .. if I win I will straight live on the credit of the title " the Lottery Winner" lol but yeah it is bad but we do have to wait
"It was only after more leads surfaced that authorities changed the charges to making unsworn falsification, which carries a two-year maximum."
Here's what the coworker was charged with. I'd guess that when he turned in the ticket lottery officials asked him questions as part of the normal verification process, and the questions included things like whether he was the lawful owner of the ticket and if he was the one who purchased the ticket. Saying you didn't buy it and aren't the lawful owner might make it tough to claim the prize, so what answers do you think he'd give?
As far as the other guy, it might have been planned as a joke, but it sounds more like a genuine attempt to claim the prize while putting the risk on somebody else. If it was just a joke and he didn't immediately come forward to clear his coworker he deserves to go to jail just for being the kind of guy he is.
As far as a 4 to 6 week wait, if they can find out whether or not there are winners in the first few hours after a draw they can also find out exactly how many tickets were sold and exactly what the prizes are at least that fast, and the money could be transferred the next business day. That's usually a lot faster than the winners come forward. Since there are various things they'll withold they need to do some kind of background check. Verifying who you are and checking to see if you owe child support, or anything else may well take a while.
It's my understanding that in both MegaMillions and PowerBall other than the jackpot, prizes are paid by the State that sells the winning tickets. The states contribute ~30% of sales to the jackpot and use the 20% left after taking their 50% to pay the lower tiers winners. That's the reason California have a different system for its winners, only the jackpot winners are paid the same in all states.
Obvious when these guys tried to cash in their ticket, the state wasn't expecting a winner from that area but probably needed 4-6 weeks to investigate if the system had made a legitimate mistake or if someone was trying to pull a fast one before accusing anyone of a crime. The fact that the joker was willing let his co-workers actually turn in the false ticket and they were willing to say that they actually bought the ticket make them all crooks. People have turn in tickets they've found and said so when they claimed them so the lottery could investigate before giving them a check.
In Maryland when you go to lotto headquarters they run your social security number your driver license number and any other numbers associated to you. They know within minutes what you owe if you owe or if there are warrants for you, outstanding parking tickets, judgments the works. This is a state run office.
I know guys that thought they would fool the system get someone else to cash their ticket. And when the second party went in to cash his friends ticket this guy owed like 2,000 dollars more than the ticket was worth. neither party left with any winnings and one went to jail.
I cashed a $9,000 scratcher and got a check, it took about 20 minutes.
The guy that forged the ticket was an idiot. He should have stopped the guy before it went as far as it did, to late now as Baretta used to say if you do the crime be ready to do the time.
This should be a lesson to all, "Never cash in a lottery ticket you didn't buy".
i found a two dollar scratch ticket on the road and took it to a store and i couldn't cash it. i then took it to the lotto office and found out it was a stolen ticket. she asked me where did i get the ticket and i told her on the ground near my house. then she told me it was a stolen ticket. i said just keep it because i didn't need any problems. not for two dollars.
In Maryland when you go to lotto headquarters they run your social security number your driver license number and any other numbers associated to you. They know within minutes what you owe if you owe or if there are warrants for you, outstanding parking tickets, judgments the works. This is a state run office.
I know guys that thought they would fool the system get someone else to cash their ticket. And when the second party went in to cash his friends ticket this guy owed like 2,000 dollars more than the ticket was worth. neither party left with any winnings and one went to jail.
I cashed a $9,000 scratcher and got a check, it took about 20 minutes.
The guy that forged the ticket was an idiot. He should have stopped the guy before it went as far as it did, to late now as Baretta used to say if you do the crime be ready to do the time.
PS: Baretta used to say:

"If you can't do the time, don't do the crime!"
Thanks: For the walk down Memory Lane.
This should be a lesson to all, "Never cash in a lottery ticket you didn't buy".
i found a two dollar scratch ticket on the road and took it to a store and i couldn't cash it. i then took it to the lotto office and found out it was a stolen ticket. she asked me where did i get the ticket and i told her on the ground near my house. then she told me it was a stolen ticket. i said just keep it because i didn't need any problems. not for two dollars.
ok, what I dont understand about that is how do they know if a scratch of is stolen? When I buy my scratch offs they dont scan them in as paid for they just ring them up and I pay and off I go ????
This should be a lesson to all, "Never cash in a lottery ticket you didn't buy".
i found a two dollar scratch ticket on the road and took it to a store and i couldn't cash it. i then took it to the lotto office and found out it was a stolen ticket. she asked me where did i get the ticket and i told her on the ground near my house. then she told me it was a stolen ticket. i said just keep it because i didn't need any problems. not for two dollars.
ok, what I dont understand about that is how do they know if a scratch of is stolen? When I buy my scratch offs they dont scan them in as paid for they just ring them up and I pay and off I go ????
Before your Lottery Agent puts the Pack of Tickets out ForSale: He scans the Pack to Activate the Numbers in the Lottery System: In other words: If the Pack isn't Activated all the Tickets in that pack are considered Stolen.
needs to go to jail.do not pass go.do not collect lottery winnings.....
This should be a lesson to all, "Never cash in a lottery ticket you didn't buy".
i found a two dollar scratch ticket on the road and took it to a store and i couldn't cash it. i then took it to the lotto office and found out it was a stolen ticket. she asked me where did i get the ticket and i told her on the ground near my house. then she told me it was a stolen ticket. i said just keep it because i didn't need any problems. not for two dollars.
ok, what I dont understand about that is how do they know if a scratch of is stolen? When I buy my scratch offs they dont scan them in as paid for they just ring them up and I pay and off I go ????
Before your Lottery Agent puts the Pack of Tickets out ForSale: He scans the Pack to Activate the Numbers in the Lottery System: In other words: If the Pack isn't Activated all the Tickets in that pack are considered Stolen.
Ohhhh Ok, well i knew that they had to activate them yes , So SOMEONE stole them and they werent activated and decided to turn the one they found in LMAO NOW THATS GOTTA SUCK =))=))=)) Sucked to be them! I mean I can see both sides ... 99 % of people who play lotto CHECK THERE STUFF REAL WELL. But ya never know when a Elderly person with bad eyes or little to no knowledge may sratch it off and not realize it is a winner and well its jut your lucky day. But on the same sense I wouldnt even take the chance ya know
I disagree with the wisdom: "Never cash in a ticket you didnt buy." My cousin buys tickets and hands them out each christmas. we all delight in seeing who gets winners! the philosphy then would mean we cant cash in our claims because we didn't buy them? Please. Being cautious is one thing. Making a blanket statement seems over the edge on this matter.
As to the two fellows being charged. I ask you this riddle. You are handed a ten dollar bill in change from a purchase at the grocery store. Is it real or is it fake? How many of you would just place it in your pocket as part of your days change and move along. You go to another store, using the ten and bam! Your held for questioning for passing a counterfeit bill. Are you guilty or not? The law says you are. The courts would consider your circumstance. So be wise when passing judgement based on the law, Youd be surprised at how sometimes the circumstances arent always known til after the pre-judging by the masses is silenced.
If I found a ticket like that.. I would have been trying to figure out who it belonged to. If no one claimed it maybe have the agent it supposedly sold at to check it using the barcode or serial # (not saying anything else about it). Being it was copied from a non-winner it would have simply said "sorry - not a winner". I'd also be able to tell if it was Photoshop'ed.
The reason the victim was duped is because he tried to take something not meant for him. If that was a real ticket it wasn't his either.
One big problem with PA tickets is that they use mostly plain white paper. NJ ones have a pattern that would be difficult to hide a paste-up on.
When I had 5 of 5 on JC5, I validated it at the nearest ELE7VEN and he ran it and it came back "FILE CLAIM" and the amount won. I had to fill out a claim form and mail it with the ticket attached to Lottery HQ in Trenton. About 3 weeks or so later I got a check from them for the amount minus taxes withheld.
If life throws me a banana, I'll slice it up over a bowl of cereal and 2%.
It looks like a joke with a really long punchline.
Charges against the victim should have been dropped as soon as it was discovered he had nothing to do with making the fake ticket. If the lottery doesn't know money makes people do strange things by now they should get out of the greed business.
Anyone who wins big through a ticket buying service might to have to say they bought the ticket or take the chance the lottery won't pay it like happened in Texas.
A lottery ticket is supposed to be a bearer intrument. Even if you said you found it they have to give you the money within a reasonable time. BobP
"Charges against the victim should have been dropped as soon as it was discovered he had nothing to do with making the fake ticket. If the lottery doesn't know money makes people do strange things by now they should get out of the greed business."
He was the unfortunate victim of a prank and should get a slap on the wrist. Maybe even probation and community service. He probably shouldn't have lied and admitted he found it, but I don't think he should get jail time. If I found a wallet with a winning ticket, I would contact the owner and hope he'd be generous, but a lottery ticket by itself doesn't have someone's ID on it.