This browser does not support the Video element.
SCOTTSDALE, Ariz. - Last year, in November, there was a lottery drawing for the game "The Pick."
The backstory:
A customer at the Circle K on Bell Road and 56th Street bought $60 worth of tickets, but the cashier printed out $85 worth. So that extra $25 worth of tickets were set aside.
After the lottery announced the winning tickets, Circle K claims a manager realized one of those set-aside tickets was the jackpot winner and decided to buy it the day after the drawing. It's a $12.8 million prize that is held up in court.
Court documents say Robert Gawlitza, a manager at the Circle K, clocked into work the day after the drawing and knew one of the tickets had the winning numbers. The court documents said he clocked out and took off his uniform and bought the ticket with the winning numbers, and all for just $10.
What they're saying:
"It really affects the integrity of the lottery if you allow people to benefit who have insider knowledge," Josh Kolsrud said. Kolsrud is a criminal defense attorney who is not involved in the case.
He said, technically, Gawlitza could buy the tickets off the clock as an ordinary person, but he has to prove it was a coincidence.
"He has to show that he did not know that the winning ticket was at that Circle K," Kolsrud said. But if he cannot, Kolsrud said the ticket legally belongs to Circle K.
"The law says that the ticket, once it’s printed, belongs to Circle K," Kolsrud said.
Investigators for Circle K, he said, could look at video surveillance and even his phone to review his search history.
"The law also said that an employee cannot benefit from insider knowledge by purchasing a winning lottery ticket that they know is at the store," Kolsrud said.
Circle K is asking a judge to determine if the ticket was validly sold, lawfully bought, and if anyone is actually entitled to the money.
FOX 10 Reporter Andrew Christiansen called Circle K's lawyers, and they said that they cannot comment on ongoing lawsuits. He also contacted Circle K's corporate leadership and the Arizona Lottery and is waiting to hear back.
The lottery already bans workers from knowing information leading to them winning, but Kolsrud says this case could set a legal precedent.
"Get clear black and white guidelines to store clerks and store owners about how to handle lottery tickets that go unclaimed," Kolsrud said.
What's next:
A person has to claim a prize 180 days from the drawing. Technically, for this case, that would be on May 23. But that deadline has been extended as this case plays out in court.
Kolsrud says he thinks Circle K has the upper hand in this case.