Just a Little Bit of Fraud
by
William L. Anderson
by William L. Anderson
DIGG THIS
Out of principle,
I don’t play the state lotteries. If I were to win, I suspect I
would be in the position of the Orthodox Rabbi who snuck in a game
of golf on the Sabbath and hit a hole-in-one. Who could he tell?
Nonetheless,
there are many reasons to oppose state lotteries, which still do
not provide the odds that the old "numbers" games run
by the Mafia used to have. The "numbers rackets," of course,
were illegal; state lotteries are promoted everywhere one can turn,
even though they are inferior to what the "criminals"
offered.
However, until
today, I did not realize that maybe the real criminals reside in
the lottery offices. This bit of news confirmed my lack of desire
to purchase lottery tickets, although I always have been under the
impression that while the odds are stacked against those who purchase
tickets, nonetheless there is a least a "1" on the left-hand-side
of the fraction, as in "1 in 1,000,000." However, I now
realize that in many cases, the proper number is "0,"
as in "no mathematical chance whatsoever."
According to
news
accounts, this is the situation in many states:
NEW YORK
(CNN) – When Scott Hoover bought a $5 scratch-off ticket in
Virginia called "Beginner's Luck" last summer, he carefully studied
the odds. Even though he figured his chances of winning were a
long shot, he felt the odds were reasonable.
Hoover, a
business professor at Washington and Lee University in Virginia,
wasn't surprised when his tickets didn't bring him the $75,000
grand prize, but he was shocked to learn the top prize had been
awarded before he bought the ticket.
"I felt duped
into buying these things," Hoover said.
He discovered
the Virginia State Lottery
was continuing to sell tickets for games in which the top prizes
were no longer available. Public records showed that someone had
already won the top prize one month before Hoover played. He is
now suing the state of Virginia for breach of contract.
"It's one
thing to say it's a long shot to win the $75,000, but it's another
thing to say you have no shot to win it," said John Fishwick,
Hoover's attorney.
Through a
request filed under the Freedom of Information Act, Fishwick's
firm was able to obtain records that showed the Virginia State
Lottery sold $85 million in tickets for which no top prize was
available. Fishwick says the state should pay $85 million in damages.
Now, imagine
that a brokerage house on Wall Street was operating a mutual fund
for which those who purchased the shares not only were receiving
zero return, but also could not get their money back once
they put it in. Furthermore, assume that the operators of this
fund were advertising that "investors" could receive fabulous
returns far in excess of what they put in, even though they knew
those returns did not exist.
It would not
take long for government agents to swoop in on that fund and lead
the fund managers in handcuffs to waiting patrol cars. There would
be no letup in the public and media condemnation of these scoundrels
and a federal jury would convict them and a judge would have them
sentenced to a few thousand years in federal prison.
However, what
will happen in Virginia and other states that have openly defrauded
people who purchase lottery tickets? Nothing. Read on:
Paula Otto,
executive director of the Virginia State Lottery, said the state's
games are fair and the top prize money is actually a small percentage
of the money given out to lottery players. Most of the players
win through the second, third or fourth-place prizes, she said.
Otto also said it's no longer possible in the state of Virginia
to purchase tickets with no top prizes available.
"We absolutely
have always been very open and honest with our players about the
way our scratch tickets are distributed," Otto said. "Yes, there
were times when there was a scratch game out there that might've
said "zero" in terms of the number of top prizes, but our players
knew that."
Otto would
not comment on the lawsuit, but said she stands by the integrity
of the games in Virginia and looks forward to vigorously defending
them.
Virginia
isn't the only state to sell tickets that have no top prizes available.
USA Today
estimates that about half of the 42 states that have lotteries
were, as of early July, continuing to sell tickets after the top
prizes are claimed.
Lottery officials
from some states say the practice is fair because lesser prizes
are still available, and they say tickets and lottery Web sites
make that clear.
In New Jersey,
tickets for the "$1,000,000 Explosion" scratch-off game were still
on sale last week, even though the million-dollar grand prize
was already awarded.
Lottery ticket
buyers outside a New Jersey convenience store were stunned to
hear the news.
"Oh really?
I didn't know that," one shopper told CNN. Another added, "That's
just not right."
Dominick
DeMarco, a spokesman with the New Jersey Lottery, said information
about winning tickets and prizes is readily available on the lottery
Web site and at retail outlets. However, officials are still looking
for ways to improve on their procedures.
Still, Hoover
hopes his lawsuit will alert lottery players in all states to
be careful before they place their bets.
It is obvious
that the "players" who purchased zero-return tickets did
not know about the fact they were buying a pig-in-a-poke, despite
what the lottery directors might say. And don’t think for a second
that knowledge of risk by purchases of fund shares would save the
mutual fund directors from being convicted and imprisoned. Moreover,
even if "players" could win smaller prizes, the fact that
an unwinnable grand prize was front-and-center in the advertising
makes the sales fraudulent.
So, what is
to be made of this situation? The government holds state lotteries
and their leaders to much different standards than it holds for
people working in private businesses. No lottery spokesperson or
director will receive a visit from a federal or state law enforcement
agent. No prosecutor will seek indictments, and no jury will convict,
and no judge will sentence.
The next time
someone is hauled out of a Wall Street office in handcuffs, as was
the recent case with Ralph
Cioffi and Matthew Tannin, formerly of Bear Stearns, remember
that federal authorities are making claims against them that they
never would make against their own, no matter how dishonest or egregious
the behavior. In the case of Cioffi and Tanner, prosecutors cherry-picked
emails that they sent each other regarding concerns about the funds,
conveniently leaving out the other emails that told a story that
contradicts what the prosecution is claiming.
(While
it is true that Cioffi took $2 million in personal funds out of
the hedge fund he was helping to manage, he put that money in another
Bear Stearns fund, but left $4 million of his own money in
the original hedge fund, something the ancients once called diversification.
The prosecution and the New York Times did not see fit to
share that tidbit of information with the public.)
One can bet
that there will be no public vilification of these crooked lotteries.
The New York Times will not demand indictments, and federal
prosecutors will oblige, choosing to target others. Thus, the fraud
will continue, blessed by the politicians, the prosecutors, and
the judges.
July
9, 2008
William
L. Anderson, Ph.D. [send him
mail], teaches economics at Frostburg State University in Maryland,
and is an adjunct scholar of the Ludwig
von Mises Institute. He also is a consultant
with American Economic Services.
Copyright
© 2008 LewRockwell.com
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