Legal Question in Criminal Law in California

Who gets lottery winnings bought with stolen money?

This is a curiosity because I heard of something similar happening to a friend...apparently a homeless person stole a dollar from him, and used it to buy a lottery ticket that turned out to be a $1000 winner. If someone wins lottery money (or, for that matter, somehow turns his stolen money into more money through stocks, etc.), is the person who stole the money responsible for paying back only what he has stolen, the amount he has stolen plus accumulated interest over what he has stolen over time, or his entire winnings/returns from the money? Assume that it has been proven that it was in fact the stolen money used to build the returns.


Asked on 6/23/00, 4:12 pm

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Who gets lottery winnings bought with stolen money?

Theoretically, a thief may be compelled to disgorge all profits of the stolen money but it would have to be proven that the $1 that was stolen was actually used to buy the ticket. This is called "tracing" and it might be difficult to establish. Advise your friend not to show up at the courthouse in his brand new Lexus, sporting a $500 silk suit and a Rolex watch. He may end up with the dollar plus interest if he does.

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Answered on 9/02/00, 3:56 am


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