Iowa Edict

Down on Main Street, pedestrian safety knows no status

Steve Lombardi — Thu, 02 Feb 2012 04:00:53 -0600

On way to work, pedestrian struck and killed in Charlotte

I read that headline and wondered why anyone would ban the use of any traffic cameras. The Iowa legislature is considering such a move. To do so would be pandering to the voters, nothing more.

Look at the guy in Charlotte. Being familiar with the route didn’t save this pedestrian worker as he headed to his job at Wells Fargo along a route he’d done morning after morning. I’m sure the truck driver feels badly about his part, how could he feel anything else, but that won’t change the facts. The truck driver is reportedly charged, but one witness is quoted as saying there was fog that morning and he didn’t believe the truck driver ever saw the pedestrian. Chances are the prosecution will have no choice but to plea bargain. Who knows what the truth is except the pedestrian is dead.

A construction company worker who was near the scene said he didn't believe the dump truck driver saw the pedestrian. Tuesday morning was foggy across much of the area. The pedestrian was 47-years-old, a director with corporation’s commercial mortgage servicing team handling asset management with commercial real estate. Photo available.

The reporter, Maria David writing for the Charlotte Observer did a nice job of detailing the number of accidents and where this intersection ranks for most dangerous intersections in Charlotte and on the DOT's High Accident Location List. It sort of makes you wonder if each state shouldn’t do more to publish lists of the most dangerous intersections.

Charlotte’s High Accident Location List can be accessed by following this link.

That report is nicely done, with bar graphs and stats for number of collisions, circumstances and other identifying data. There is a spread sheet with each location and the crash rates. Link to NC list. So I wonder if Iowa has such a list. Drop below this list from Charlotte.

2010 Crash Summary

Collisions by Motorist Contributing Circumstances

Contributing Circumstances Total Collisions Percent of Total Collisions

Inattention 3,480 22.12%
Failure to reduce speed 2,704 17.19%
Failed to yield right of way 2,056 13.07%
None Indicated 871 5.54%
Followed too closely 654 4.16%
Improper turn 573 3.64%
Disregarded traffic signals 548 3.48%
Improper lane change 534 3.39%
Unknown 420 2.66%
Exceeded safe speed for conditions 371 2.36%
Other 294 1.87%
Alcohol use 216 1.37%
Improper backing 190 1.21%
Operated vehicle in erratic, reckless, careless, negligent or aggressive manner 196 1.25%
Swerved or avoided due to wind, slippery surface, vehicle, object, non-motorist 178 1.13%
Overcorrected/oversteered 176 1.12%
Crossed centerline/going wrong way 174 1.11%
Driver distracted 171 1.09%
Other improper passing 131 0.83%
Disregarded stop sign 143 0.91%
Visibility obstructed 106 0.67%
Operated defective equipment 101 0.64%
Exceeded authorized speed limit 94 0.60%
Use of improper lane 32 0.20%
Disregarded other traffic signs 45 0.29%
Disregarded road markings 45 0.29%
Improper or no signal 33 0.21%
Improper parking 26 0.17%
Disregarded yield sign 25 0.16%
Right turn on red 14 0.09%
Drug use 8 0.05%
Passed on curve 5 0.03%
Passed stopped school bus 3 0.02%
TOTAL 15,799 100%

The University of Kentucky has developed procedures for identifying high-crash locations and prioritizing safety improvements. Link Iowa has a list but names it a bit different: Iowa DOT’s Safety Improvement Candidate List, June 2002, a bit dated I’d say. Iowa State University has studied the issue. See Systematic Identification of High Crash Locations (TR-442). There is a public website. Wikipedia refers to this in “Traffic collision”.

NHTA Traffic Safety Facts Annual Report

About the research

Abstract: The objective of this project was to develop tools and procedures to identify potentially hazardous roadway locations and designs, and to demonstrate the utility of these tools by developing candidate lists of high crash locations in Iowa. An initial task built an integrated database to facilitate the tools and procedures. The Iowa Department of Transportation (Iowa DOT) Geographic Information Management System (GIMS) and Geographic Information System Accident Analysis and Location System (GIS-ALAS) databases were integrated with available digital imagery.

In Iowa the statistics are broken down by county from 1994 to 2009. Looking at 2009 there were 372 car accidents with fatalities, down from 412 in 2008. The counties with the highest numbers were Benton with 10, Scott with 13, Woodbury with 11, Pottawattamie with 12, Polk 13, Linn with 15, Johnson with 11 and Jefferson with 9. Link

Q&A: What can I do if I am caught driving without a license again?

Steve Lombardi — Wed, 01 Feb 2012 04:00:52 -0600

Question: What can I do if I am caught driving without a license again? I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Answer: Okay hotshot let’s get real here. What you say doesn't make sense: there is no charge of felony driving while suspended, so I'm guessing there is more going on than you've alluded to. Otherwise, the answer to your question will depend upon the reason you don't have a license in the first place. Are you suspended or barred? Why are you suspended or barred? What happened the prior times you were arrested? What else is in your criminal history? Are you on probation or parole? Depending upon the answers to those questions you could be looking at a very minimal fine or as much as prison, and additional license suspensions.

And one more thing, stop making excuses for criminal behavior. You said, "Took a chance to get back and work." What does that mean? I suspect the devil is in the details behind that statement. Where were you driving to? Huh? Cat got your tongue? The judges aren't stupid, you think the prosecutor is going to be played that easily? You didn't say you were heading to work so throwing that tidbit in won't get you to first base.

The fact is you just struck out.

Iowa's Governor Wants to Ban Traffic Violation Cameras

Steve Lombardi — Tue, 31 Jan 2012 04:02:34 -0600

Iowa’s Governor Branstad is not happy with what he perceives as the unfairness of traffic cameras. He says he’d sign a bill banning the use of them in Iowa. He's wrong. They are working on some roads especially on I-235 between Des Moines and West Des Moines.

See Branstad Says He Would Sign Traffic Camera Ban, KCRG, TV-9. Apparently while visiting Arizona he was mailed a $200 traffic ticket after his speed was 10 miles over the posted limit while driving across the desert in a rental car.

As a personal injury attorney I don't find the outright ban encouraging. Anyone who has driven on I-235 from West Des Moines to Des Moines before the traffic cameras were installed knows what that was like. It's a race track with no traffic cop. Interstate 235 needs cameras. There are some locations where traffic cameras have helped to slow down the traffic and reduced the number of accidents and near accidents. Totally banning cameras would only encourage the morons who drive like they are on the Newton Speedway. Why should the Governor give them the green light?

Resources:

Committee approves traffic camera changes, Quad-City Times

Get Rid of Iowa Traffic Cameras, Facebook

Iowa Traffic Webcams, Leonards Worlds

Central Iowa Traffic Cam Targets Wrong License Plate, KCCI

Find Traffic Cameras by Map by TrafficLand

Get Traffic View on your iPhones, iTunes

Iowa Lawmakers consider ban on traffic cameras, Instapundit.com

Update:

Camera ban moves ahead as argument heats up – Classic debate between liberty and security, January 26, 2012, Des Moines Register, Jason Noble

Des Moines police say red light cameras are reducing crashes, January 24, 2012 – Anyone who’s driven on I-235 after the cameras were installed knows this is true. The speeds have dropped and it’s less like the Iowa Speedway and more like it should be, a commuter route into the City from West Des Moines.

Federal budget deficits are hurting my clients and my kids

Steve Lombardi — Mon, 30 Jan 2012 04:00:32 -0600

The Des Moines Register picked up Froma Harrop’s piece titled “Middle class has aided its own decline” published no January 2, 2012. She writes for the Providence Journal. (aka projo) She makes a point about living middle class lifestyle and how those living in suburbia have abandoned what madbecause the middle class lived a lifestyle it couldn't afford it's now finding out there is no free lunch. To do otherwise is to abandon the ideas that got you there and the house of cards sooner or later had to come crashing down. I found Harrop’s January 3, 2012 article on point. Suburbia is where I grew up, learned to work and how to live within certain means.

I grew up in Rhode Island (Bristol) and in Massachusetts (Westboro and Boston for a short stint) during the 60's and 70's. My father died when I was a teenager and my mother taught us to live a rather frugal lifestyle. I left New England and moved to Iowa in 1975 to attend college then decided to stick around. I showed up with $110.00 in my checking account and $25 in my pocket. Then I liked what I saw about Iowa; the frugal lifestyle most Iowan’s lived. Farmers were smart with what little they had or else they were out of business. But a lot has changed and not all for the good. What now appears to be the base of our economy is a free lunch and is nothing more than government gone amuck printing money as if it will never catch up with us. But the law of mean revision has a way of bringing everyone back to reality. Running budget deficits can’t go on forever. And even though we don't say it aloud, we all know this free lunch will come with a huge price. The idea of the free lunch has been around for a long time. I saw it as my children were growing up and the high school students drove better cars than did the teachers.

My children understand what I’m saying today. For 10+ years I coached youth soccer and fought a losing battle over my refusal to hand out something for nothing, participation trophies. I referred to it as The Participation Trophy Syndrome, where parents encourage the development of a defective character by rewarding children who give a mediocre to lesser commitment to the team then demand their child be rewarded. When we encourage mediocrity in children during their formative years we are developing a defective character. Pop psychology would say to make children feel good about who they are no matter what the committment; but kids realize they aren’t winning a trophy.

Only losers will accept a participation trophy; a winner wants to win one.

If you convince a child he's a winner just for showing up he/she develops a seriously flawed character - a defect if you will - because they begin to believe just their showing up is enough to be given a pay check. You aren’t special just because you show up; you actually have to commit yourself to doing something. In sports it's practice, work on your skill set and suffer the pain of working harder than the next guy. It’s no different than a 5-5 football team going to a bowl game. You aren’t fooling anyone.

Do you think the Chinese kids are being given participation trophies?

To the kid convinced that’s he’s a winner even though his team lost more games this season than they won, sacrifice is a foreign concept. The child that is convinced he's a winner even though he lost, is running a trade deficit. That’s a fact because they don't understand failure. Failure is your own bootstraps. The bully thinks he’s a winner just because he’s the biggest kid on the playground. And beign a bully works right up until the day it doesn't. If you don't experience the pain of being a failure then how can you ever develop the skill set that allows you to become a winner?

The Iowa Edict – The Participation Trophy Syndrome

The Participation Trophy Syndrome is not a children's issue it's a parental defect pushed on kids by parents who feel guilty and want their child to be spared the pain of experiening trivial failure. There is nothing wrong with failure; it's a necessary experience in life to properly develop a good and healthy character based on a solid foundation. Let them fail to this small degree and some will develop the skill set needed to become winners. And some won't, but that's life. Not everyone can be at the top.

In my ten plus years of coaching soccer no child ever asked me for a participation trophy, only their parents.

So it's no wonder that the same people who destroy their own financial lives with irresponsible spending push the same defective values on their children. It’s one thing to take a chance and to fail financially, that’s okay, but to spend everything you make and to live on credit beyond your means is the worst kind of participation trophy. Our government is doing the same thing to us. The Congress keeps handing us through big business one participation trophy after the next. Froma Harrop’s article is nicely written, read it and then reread it to your children; it’s a lesson worth instilling in them. Maybe we and our kids can't be saved, but this next generation can.

Video of Costa Concordia

Steve Lombardi — Fri, 27 Jan 2012 04:00:46 -0600

Here is video of the ship, it's sister ship under power and the discussion of the captain talking with the Italian Coast Guard. This was an amazing ship.

Cruise Ship Captain Says He Fell Overboard Amid Chaos, cough-cough... apparently he fell right into a life boat. Isn't that lucky. Even the crew of Saturday Night Live couldn't come up with this script. So why didn't he get back on the ship? But all that said, look how close the ship is to land.

August 13, 2011, Sister Ship Costa Atlantica. Truly an amazing vessel.

For more information see the January 24, 2012 blog post about this cruise ship situation. Link

Resources

The Cruise Passenger’s Rights & Remedies, by Judge Thomas A. Dickerson, 2000
Cruise Line Injury FAQ’s by McGill Law Firm, Pensacola, Florida
Cruise Law News, James Walker out of South Miami, Florida
Cruise Ship Law and the Cruise Ship Law Blog, by Lipcon, Marguiles, Alsina & Winkleman, PA out of Miami, Florida
Damage Control Central for Costa Concordia
Cruise Critic,
Link to the Omaha Ocean on the western edge of Iowa.
Cruise ship lawsuit waiting room, we serve hot coffee.

Nail Guns, Brain Injury and Social Media

Steve Lombardi — Thu, 26 Jan 2012 04:00:29 -0600

At what point in life do people begin to believe Facebook postings are real life?

Man shoots nail into his brain, posts it to Facebook from ambulance.

Lawyers are constantly having to deal with what clients post on FB. Clients post inappropriate things on FB all the time. There is a disconnect between the reality of what they say on the one hand in a lawsuit and what they post on FB. Defense lawyers know it as do Plaintiff lawyers. The admissions go both ways and so lawyers on both sides immediately march to FB to see what the other lawyer's client is publicly stating.

A case that just came to my attention was a drunk driver bragging on FB about how much he's drank and how fast he was travelling before the crash that mangled his passenger. His insurance company paid the limits of $100,000 to the injured passenger.

Get a clue folks, if you're involved in a lawsuit shut down your FB page.

What would motivate a person to forego winning $16.5 million?

Steve Lombardi — Wed, 25 Jan 2012 06:45:45 -0600

There could be several reasons that would provide such motivation. Whatever it may be there has to be a reason that outweighs public exposure. Public exposure must in some way expose them to losing something of value that to them is of greater value than $16.5 million. In the case of the current Iowa lottery ticket holder I of course have no idea what that would be so by today’s blog I do not wish to cast any dispersions upon that person or persons. But many people are asking themselves how anyone could give up this large amount of money; what motivates them? So I thought it would be fun to day to venture into lottery cases where there has been more downside than upside.

Freedom – Remember the police sting in the City of Chicago that occurred in the early 2000’s? They did it again in September 2011. The Chicago Police Department ran a sting where they promised $500 gift coupons, plasma televisions and video games that they had supposedly won. Or course each prize winner had an outstanding warrant and was immediately arrested after identifying themselves as the supposed winner. Prize giveaway turns out to be a bust, Ronnie Reese, Chicago Tribune. Over 100 “winners” were arrested. In the case of Lotto winnings there could be a similar motivation not to step forward.

Stolen tickets are void – A winning lottery ticket if stolen will be voided by the Iowa Lottery Commission. So if a person comes into possession of the winning lottery ticket by means of theft, they would win nothing by stepping forward. In fact if by stepping into the limelight the person’s identity would provide evidence of theft leading to a criminal complaint being filed clearly they would be motivated to not come forward to claim the prize. This problem isn’t as unusual as one might think. Here are stories in the news about cashing in and it leading to criminal charges being filed. Police say Lake Wales woman tried to cash in stolen lottery ticket, Gregg Burrage, Tampa Florida and read Stolen Lottery Ticket, Kristi Nelson, KXAS where a Texas convenience store clerk allegedly stole a ticket worth $1 million from a customer and then cashing it in. Here is another case in Newport News, Holbrook New York and right here in Emmetsburg, Iowa. The case in Emmetsburg is reported to have lead to charges of lottery fraud, money laundering, ongoing criminal conduct and theft. Let’s face it the lottery doesn’t encourage productive behavior, like saving money, it teaches taking a chance.

Asset Disclosure – There are many situations requiring a person to completely disclose their assets and a winning lottery ticket would be considered in most situations a valuable asset; especially one worth over $10 million. Let's look at two of those situations.

Bankruptcy - We are in a terrible economy and many people have filed for bankruptcy. When you file for bankruptcy protection from your creditors you are required to disclose all your assets and turn most of them over to the control of the trustee. If you don’t make a full disclosure, if it appears you are hiding some of your valuable assets it’s a crime and your bankruptcy petition can be dismissed. We recently had several news stories about an alleged dismissal here in Iowa. Developer Kline appeals bankruptcy dismissal and Business Record: Kline Bankruptcy Dismissed, KCCI. This type of factual situation would provide motivation to not step into the limelight.

Divorce - Probably one of the most well known cases comes to us from California. This case started as a quick divorce and ended several years later with the winning wife losing the entire winnings to her then ex-husband. Ex-Wife Loses Big in This Game of Chance, Ann O’Neill, Los Angeles Times describes a $1.3 million winner who lost it all to her now ex-husband. If a person had filed for divorce and had not disclosed they had the winning lottery ticket there would be motivation to not step forward, because there would be no benefit, assuming your ex sees you and investigates. In California, like many states, if you hide assets in a divorce you lose the entire asset your spouse.

Already rich enough – The saying goes you can’t be too good looking, be too thin or have too much money. But to some people money isn’t everything and they value privacy more than public recognition. This is what I refer to as ‘Who is Chuck Feeney?’

Mental Health Condition – Agoraphobia is a condition defined as having a morbid fear of having a panic attack and it is triggered, inter alia, by uncontrolled situations. Those who suffer from this condition avoid public and/or unfamiliar places.

CONCLUSION

As you can see there are numerous reasons a person might be motivated to forego what appears to be a winning situation; which when laid bare turns a winner into a loser. So before we can make assumptions about what’s going on in Iowa, we first have to know the facts about how they came into possession of what is a validated ticket.

Iowa Lottery says put up or shut up

Steve Lombardi — Tue, 24 Jan 2012 05:46:12 -0600

Will a trust shield a lottery ticket winner's privacy?

Yesterday’s post was about the Iowa Lottery’s $16.5 million winning ticket where the actual purchaser of the ticket appears not to want to be identified. Yesterday in The Attorney-Client Privilege – When silence is not so golden I explored the factual issues of whether the Iowa Lottery would honor paying the winning Lotto ticket if the person or persons behind the trust did not come forward and explain how they came into possession of the ticket. Apparently the Lottery Commission, Iowa’s Attorney Generals and the Iowa Department of Criminal Investigation knocked heads all day yesterday and last night announced the beneficiaries of the Hexam Investment Trust have until this Friday to step forward from out behind the curtain, to identify themselves and explain how they came into possession of the ticket or else forego the winnings. It’s time to do or die.

Read Iowa Lottery says Friday is deadline for Lotto winner to come forward.

Lottery: All who had mystery $16.5M ticket must be interviewed

Concordia Bites Tort Reforming Passengers Squarely in the Transom

Steve Lombardi — Tue, 24 Jan 2012 04:00:59 -0600

Today I'm back to taking no prisoners. Sorry but it's one of those days.

For you landlubbers a transom is the backend of a boat.

If you are a passenger and you’re one of the people who dislike the dreaded trial lawyers, call them greedy and scream for tort reform welcome to the world of the Costa Concordia’s cruise ship mumbo-jumbo legal maze. As a passenger of the sinking Good Ship Lollipop you won’t be suing from wherever you live or lived. You won’t even be seeking legal redress on terms you would be if there was a level playing field. Fact of the matter is pursuing your legal claims against the captain and cruise line will be litigated on the listing deck of some venue the cruise ship line chooses. You wanted tort reform in favor of big business, well… you got it. Welcome to their captain's quarters, a world of hot coffee that bites you squarely in the transom.

What happens when world dominators in the business world fear no one?

If you think cowardly captains are something new then visit the Oceanos where a guitarist is forced to take over as the captain because the captain and crew left with their luggage inside one of the lifeboats.

Remember the lawyer guys and gals you wanted to neuter? You know us, the people who represent you, the working stiffs of America; yes, us, the ‘greedy trial lawyers', the same trial lawyers corporate CEO’s hire to sue for personal injury when they get hurt; yes, us lawyers from the USA. We navigate the legal world when you’re injured and no one comes to your rescue.

You remember us, we are trial lawyers, who when you’re out alone drifting in the wide expanse of the legal ocean where the lawyers for the corporate sharks try as hard as they might to capsize your life raft named the U.S.S. Lawsuit; we sail to your rescue while they jump onboard the lifeboats with their Gucci luggage and drift away from screaming babies.

Never forget trial lawyers are the one person who when you need someone is in your corner.

Golden Rule: Do unto others as you would have them do unto you.

Sorry to have to rub it in, but we did warn you this tort reform stuff would come back and bite your transom, but no one wanted to listen to us, they were too busy drinking hot coffee. Remember the McDonald's case. The case where they served coffee so hot that it can and did melt a woman's skin, which by the way then made it inedible. Which by its very nature isn’t food you can eat or drink – which makes it … well, not food? If it were still considered food they could serve you sulfuric acid and you’d have no recourse but to ask for cream and sugar. We are the greedy bastards who tried to save you from yourselves but were shut down by the Bush Administration and all the greedy corporate CEO’s that see only the bottom line – their bottom line.

Pray-tell, who does fund the America Tort Reform Association; and by-the-way why won’t they disclose the identities of the contributors? Hmmm….They are probably just busy spending the profits from people drinking too-hot-too-drink hot coffee.

I’m sorry to rub it in, but I predicted this and more to come. In my 57-years on this planet I've come to realize that people don’t learn until something happens to really scare them into making it personal. And when foolishness takes on an entire population it takes personal injury on a much larger scale to right a listing ship. Until the world experiences several major disasters I forecasted rough seas for trial lawyers attempting to pursue claims for passengers and others who suffer personal injuries. But one or two people getting hurt won't scare anyone into action. There has to be disaster on a much larger scale to really scare the general public into demanding we roll back tort reforms or that juror attitudes change. Attitudes have to change before honesty is restored in the jury system and in turn in America.

If you’re honest with yourself you’ll admit that your being able to hate us is really a privilege we gave you. Without the trial lawyers having made the world safer juries would not be able to ignore other people being injured. Because we forced a safer world you can feel comfortable you will never be one of the injured who need us.

When things get too safe we have a decaying of attitudes and moral obligation to one another. That's where we've been for at least the past 15 years. The level of moral decay is pretty evident. Juries are downright mean with injured people. And when juries don't seem to care about their fellow man corporate CEO's, and probably ship captains, get a sense of entitlement, laziness and an I don't care attitude. They don't have to care, because there is no one to fear. It is the jury system that keeps a healthy balance of fear in all our lives. Do unto others as you would have them do unto you. Remove that healthy dose of fear to everyone's reality and this is what you get.

Sinking Ships and Vulnerable Passengers

Oceanos, July 2006 captain and crew pilled luggage into a lifeboat and sailed away from the sinking ship.
MS Sea Diamond, previously Birka Princess
Santorini, 2007
World Discoverer, 2001
Amazing Ships Sink 1902 to 2011
Want to see how vulnerable passengers are on the high seas. Horror On The High Seas
Cruise Ship Dangers Causing Personal Injury and Death
What would a tsunami do to a large ship?
Tsunami caught on video by the people who experienced it firsthand, December 24, 2010 Thailand
Photo Montage of cruise ship mishaps by Crocieristi

What advertising executive came up with the idea to advertise cruise vacations on YouTube video's of sinking ships?

And if you think these corporate CEO’s are not greedy consider that while I’m researching ships that sank Google ads open for Carnival Cruise Deals, Cruise Reviews and Oceania Cruises. I kid you not. Think of the lack of integrity of the person who says, hey let’s advertising for cruise vacations on sites that show video of sinking ships with screaming passengers. Look at the screen to the left of YouTube. See the gray box inside the YouTube black box. Look at the ads. I use two computer screens so ignore the right half screen shot of the lighthouse scene. Focus on the left side screen shot. If the shot is too small hold down the “Ctrl” key and then depress the + sign as many times as it takes to increase the size of the image. I rest my case.

So hey, sign up for a cruise but first watch sinking ship videos because you’ll probably find a better deal. Really you won’t need us. You see we can’t save you from you until tort reforms are set aside. Until that happens we can’t ever save you from misguided captains and crew members. So when you want to file suit for personal injury bring your own life preserver because tort-reformers are ready only to throw you an anchor.

Resources

The Cruise Passenger’s Rights & Remedies, by Judge Thomas A. Dickerson, 2000
Cruise Line Injury FAQ’s by McGill Law Firm, Pensacola, Florida
Cruise Law News, James Walker out of South Miami, Florida
Cruise Ship Law and the Cruise Ship Law Blog, by Lipcon, Marguiles, Alsina & Winkleman, PA out of Miami, Florida
Damage Control Central for Costa Concordia
Cruise Critic,
Link to the Omaha Ocean on the western edge of Iowa.
Cruise ship lawsuit waiting room, we serve hot coffee.

The Attorney-Client Privilege - When silence is not so golden.

Steve Lombardi — Mon, 23 Jan 2012 04:00:31 -0600

Point: Will the Attorney Client Privilege Void the Winning Iowa Lottery Ticket?

This is really turning into a good story, one that has plenty of intrigue to it. As lawyers we sometimes get thrust into the middle of controversy and because of the attorney-client privilege are bound to remain silent. I’ve seldom played the lottery, because I value my privacy more than I do money. As a lawyer I’ve even considered what steps I’d advise clients to take if they ever won big. The underlying theme being how to remain a private person who wins and can still know who his friends are and who is just being friendly.

Counter Point: Must the Lottery Winner be identified? Following the trail, video.

The $16.5 million Iowa Lottery story took another twist and turn this past week as more information is becoming known about the man who signed the ticket and had it delivered by FedEx to attorneys in Iowa who then turned in the ticket to the Iowa Lottery HQ. According to the Des Moines Register the ticket signer is a lawyer by the name of Crawford Shaw. The reported story is “Trustee in jackpot case is defendant in Delaware lawsuit” published on January 19, 2011 by Daniel P. Finney. The facts as set forth by the Des Moines Register include that Shaw, who is an attorney out of New York, represents Hexam Investment Trust, the alleged winner. But of course a trust is a fictious person and can’t walk into a convenience store in Iowa and buy a ticket. So who is the human that did? And this seems to be the question of the day?

Who is this very interesting lawyer? Who is Crawford Shaw?

Bloomberg Businessweek published a story on January 12, 2012 linking Extensions Inc (EXTI: OTC US) with one Crawford Shaw, Esq. His background is described in detail. Other companies include Industrial Enterprises of America, Inc. (IEAM: OTC US, Crawford Shaw, Esq. shown as a consultant), Advanced Bio/Chem. Inc., Crown Medical Systems, Inc. (out of Scottsdale, Arizona) (OTCBB:CWME), Paper Free Medical Solutions (PFMS: OTC US), EZ Lease’s CEO and Editor of A Lawyers Guide to International Business Transactions (WorldCat lists the book co-written with Walter Sterling Surrey, Joint Committee on Continued Legal Education, 1963; there are other publications Mr. Shaw has authored.).

Yale College Class of 1957 link does display two photographs of a Crawford Shaw on page 12.

Probably the most interesting position noted by Attorney Shaw is the one he lists as having served as the Assistant Secretary of the Treasury in the Kennedy Administration. C. Douglas Dillion served at U.S. Secretary of the Treasury from January 21, 1961 to November 22, 1963 under Kennedy; Dillion then served until April 1, 1965 Under President Johnson. Attorney Shaw is a graduate of Yale College and Yale Law School. He’s an interesting guy, a lawyer having no obvious connection to Iowa that I can find.

Will the Real Iowa Lottery Winner Please Step Forward?

This may be the first time the Iowa Lottery Commission is forced to decide if a person can be compelled to disclose details of how they acquired the ticket. In this instance the person on the hot seat is an attorney with a legal privilege that allows him to do only what his client permits. The attorney-client privilege is one as old as the law. To quote the General Counsel of Dartmouth, “Since the days of Elizabethan England, the Attorney-Client privilege has preserved the confidentiality of communications between lawyers and their clients. The privilege is based on several closely-related policy considerations:

clients should be encouraged to be completely truthful with their attorneys, so that the attorney's legal advice can be based on all relevant facts;
clients will be reluctant to seek an attorney's advice if they fear that their communications will be revealed to others; and
by encouraging clients' communications with their attorneys, the privilege promotes voluntary compliance with laws and regulations.”

Unless Attorney Shaw’s client gives him permission he can not disclose the identity of this client or how they acquired the winning ticket. That places the Iowa Lottery officials in a quandary.

The lottery will be forced to decide whether they can void the ticket on the assumption the ticket is void for any one of its statutory reasons (IAC Chapter 11, Prizes, stolen, lost or acquired by fraud.), based solely on the failure to disclose intimate details about acquisition. Does the law allow the Iowa Lottery to say “no joy” and to assume there is fraud, theft or some other legitimate reason to refuse payment?

Here is a quote from The Gazette.

“Shaw, 76, of Bedford, N.Y., met Tuesday with Iowa Lottery officials, but would not say who bought the ticket or who the winner is, Spokeswoman Mary Neubauer said. Lottery officials won’t release the cash until they have that information.” See the story in The Republic, dated January 19, 2012.

As judges in Iowa are fond of saying to me, “This isn’t about fairness, it’s about justice; applying the facts to the law.”

Clash of the Titans: The Attorney-Client Privilege Collides with the Iowa Lottery

As I said earlier this is going to get interesting and I suspect the Iowa Attorney General’s Office may be litigating this for years to come, but then again, maybe not. This lawsuit may be what the Iowa Lottery is setting up. A civil lawsuit would allow the Lottery the opportunity to question the winner and those associated with Hexum under oath. Either that or they will have to forego the claim. It’s a multimillion dollar choice. But Hexum may be coming up with its own strategy. What if Hexum sold or otherwise assigned the ticket to an unrelated and disinterested person? Rule 531-11.5 sets out rules for valid assignments and the right to control receipt of a lottery prize is substantially limited. (See previous link.) But what if done in a legally recognized manner, and they having purchased this chose or bearer instrument then pursued the lawsuit on their own behalf saying I bought the ticket from Attorney Shaw. What then? It’s a dead end for the Iowa Lottery and they are then forced to make the same exact decision in the blind.

Until the winning ticket is signed it’s considered a bearer instrument; after being signed the person signing the ticket is thereafter considered the “owner”. So at this point is the owner Hexum or Shaw?

The prize shall be paid within a reasonable time after a claim is verified by the lottery and a winner is determined. I.A.C.531-11.7 Time of prize payment. What was signed on the winning ticket? Whose name appears there? From the KCCI video it appears the written and printed words on the back of the ticket are “Hexam Investments, Trustee, Crawford Shaw, Trustee”.

There are really three factual issues immediately in play here.

Can the Iowa Lottery refuse to pay the money if the person who bought the ticket is not identified?
Can the Iowa Lottery refuse to pay, if the human winners are not identified? (Who is the beneficiary of the Hexam Investments Trust?)
Does the Lottery have the right to know how the person who turned the ticket in for validation received it?

Claiming prizes, IAC 531-11.1(99G)

Agency Listing | Lottery Authority, Iowa [531]

Chapter Listing | Chapter 11 PRIZES

Rule	PDF	RTF
531.11.1 Claiming prizes.	View	View
531.11.2 Claim period.	View	View
531.11.3 Invalid tickets not entitled to prize payment.	View	View
531.11.4 Ticket is a bearer instrument.	View	View
531.11.5 Assignment of prizes.	View	View
531.11.6 Prize payment to minors.	View	View
531.11.7 Time of prize payment.	View	View
531.11.8 Prizes payable for the life of the winner.	View	View
531.11.9 Prizes payable after death of winner.	View	View
531.11.10 Disability of prizewinner.	View	View
531.11.11 Stolen or lost tickets.	View	View
531.11.12 Effect of game rules.	View	View
531.11.13 Disputed prizes.	View	View
531.11.14 Prize payment for prizes paid over a term exceeding ten years.	View	View

I’m curious as to what rule allows the Lottery to withhold the winnings when a presenter refuses or can’t discuss how he acquired the ticket?

I believe the Iowa Lottery rules are silent on this issue in that I see nothing in the rules requiring anyone to open up about the details of how they acquired the ticket. After all, what if the lotter winner died shortly after turning in the ticket, but before making any statements? What then?

Release the video recording of the person buying the ticket.

The Iowa Lottery should immediately release the video they have showing the person, the human, buying the winning ticket.

Who must prove the legal reasons why a ticket is considered invalid?

Is the burden on the Iowa Lottery to prove the ticket is invalid for one of the statutory reasons? I.A.C., 531-11.11(99G) Stolen or lost ticket. Curiosity aside where is the rule that precludes validation when a person won’t disclose how they acquired the ticket? The Iowa Lottery seems to be digging further for background information they allege may have some bearing on the validation process. It's pretty obvious they are stalling for time because something on the video recording is bothering them. What nationality is the person buying the ticket? Why won't that person come forward? What is the Iowa Lottery trying to prove? What in all the hundreds of claims made for the winnings or on the videotape is raising a red flag?

Lottery: Multiple People Claim Winning Ticket Was Stolen, November 3, 2011, KCCI-Channel 8

Did anyone think to process the ticket for fingerprints?

I have to wonder if the Iowa DCI processed the ticket for fingerprints. I see in the video from KCCI multiple people were handling the ticket as if it were some unimportant piece of evidence. It reminded me of a rugby match at a murder scene. Have they all unknowingly participated in the destruction of evidence? Could fingerprints have been identified and processed through the FBI database?

This ticket was validated at 2:10 pm with a deadline of 4:00 pm. The ticket holder was down to the 364^th day when it was turned in to Lottery headquarters. It's very odd that a person would sit back while the investment degraded by the millions. The underlying questions are whether the ticket was acquired in a legitimate manner. That leads Lottery HQ to want to ask questions about how Mr. Shaw acquired it. He can't tell them without his client giving him the go-ahead. That's not happening. There is a video recording of a person buying the ticket with the numbers 3-12-16-26-23 and Hot Ball 11 at the convenience store along I-80 and I-35 in Des Moines. Will the person who eventually steps forward as the 'winner' fit the description of the person shown in the video recording?

And what about the child support and back taxes issues? Those have yet to be determined.

No matter what the outcome this is going to get more interesting as the cold days of winter mosey along towards the spring planting.

RESOURCES

See, Mystery $18.3m lotto claim just beats deadline, Ryan Foley out of New Zealand.
Crawford Shaw, Attorney at Law website
John F. Kennedy, Presidential Library And Museum, Officials of the Kennedy Administration
Wikipedia, United States Secretary of the Treasury
US Department of the Treasury website
Iowa Department of Revenue, Why are my name and social security number required to collect winnings? Link.
Iowa’s Child Support Recovery Unit
10 Steps to Claim a Winning Lottery Ticket, Lombardi, January 20, 2012