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A legal showdown between 16 lottery winners and the man who says he’s owed a cut has become so bitter that the two sides can’t even agree on whether they were once friends.
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Philip Tsotsos, in a case highlighting the potential pitfalls of group lottery pools, is suing for one-seventeenth of a $1 million jackpot after allegedly being denied his share by people he calls “close friends.”
In a statement of defense filed Thursday, the 16 defendants said they were never close friends with Tsotsos, and some didn’t even know him.
Tsotsos said Friday he felt “betrayed” when he discovered the group’s win while perusing social media, shortly after dropping off a free pizza for some of the members.
“Same people eating my pizza, holding a million-dollar lotto win,” he said. “Do you know how it felt? Like an elephant kicked me in the groin.”
The defendants are all employees of the same auto parts company where Tsotsos previously worked part time.
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He is suing for a piece of the June 22, 2021, winning Lotto Max ticket, along with costs, interest and damages.
Tsotsos said he went public with the civil suit to “educate people on how to properly run a group lottery.”
“You download the form, you have everybody sign the form so you’re not in the position I am now,” he said. “Obviously, my group didn’t do that.”
The defendants want the civil suit dismissed.
“The plaintiff’s claim to a portion of the lottery prize is merely a desperate afterthought from a regretful, troubled and jealous person,” they allege in the statement of defence.
According to Tsotsos’ statement of claim, he was asked to join the lottery pool in 2015, shortly after he was hired part time at the company. He worked there until 2017. He is now a pizza delivery driver.
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His lawsuit states he “remained close friends with his former co-workers,” and “continued to be part of the lottery group.”
He claims that every member was guaranteed participation, and each had to tell the organizer if they wanted out. Members could pay in advance of the draw, or afterwards on a credit system.
Along with denying they were close with Tsotsos, the defendants claim he gave a “misconceived” description of how the pool operated.
They claim that each employee would be asked weekly if they wanted to play. Participation was not guaranteed and there was no credit system, according to their statement of defence.
They also state that Tsotsos was allowed to continue playing after leaving the company, but only when he paid.
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“As time went on, he communicated less frequently with his former co-workers and he often did not participate in the lottery pool because he did not advise of his intention to do so and/or he failed to pay or make payment arrangements,” according to the statement of defence.
The pool continued for “extensive periods” in 2020 without his participation, the defendants claim.
They also state that the last draw for which Tsotsos paid to play was on May 25, 2021.
On June 12, 2021, group member Jesse Reid texted Tsotsos, asking if he had $40 he owed from previous draws, according to the statement of defence. There was no response.
Two days later, Reid texted him again, asking if he was okay.
Tostsos’ response was “looking at going into rehab … it’s time,” according to the statement of defence.
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He said Friday their reference to his struggles with substance abuse was a low blow.
“What does my personal life have to do with me suing for my share of the winnings,” he said. “How do you drag somebody’s personal life and make medical records public? That’s as low as it gets. That’s absolutely disgusting they would stoop that low.”
Tsotsos claims he was asked twice, the same month as the jackpot win, if he wanted to continue participating.
In one instance, organizer Steven Todesco sent him a text message on June 7, 2021. Todesco told Tsotsos he could keep going if he paid a $30 debt and confirmed he wanted to play. Tsotsos states in court documents he confirmed he wanted to play, would pay the debt and put in another $10.
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“Actually I won’t have to pay you anything just take it out of our winnings when we win,” he texted, according to the court documents.
“Ha, ok but I charge interest, high interest rate, I have kids to feed lol,” Todesco replied.
Fourteen days later, the group hit the jackpot.
“The plaintiff was not included in the June 22, 2021 draw and was not entitled to share in the prize because he did not ask to be included, he did not pay any money to play, he was still indebted to Steven Todesco for money he borrowed to play in four prior draws, and the plaintiff was presumed to have checked into rehab to address his personal and substance issues,” according to the statement of defence.
Tsotsos said Friday that each member received $62,500. If he was included, he said the haul would have been $58,000 each.
“Philip’s belief in these friendships has been shattered, and for a relatively paltry increase in profit per player,” according to his statement of claim.
