A victim was in the area of Raitt St. and McFadden Ave. when she was approached by two women claiming they had a winning $2.7 million lottery ticket but could not cash it due to their immigration status, according to the Santa Ana Police Department (SAPD).
The victim agreed to enter the suspects’ vehicle (pictured above) and was driven back to her home, where she gathered cash and jewelry totaling $45,000 as collateral so the suspects could cash the ticket on her behalf.
The suspects, who may be of South American descent, then fled in an older model gray Ford Escape with chrome rims.
Anyone with information about the vehicle or the suspects, is asked to contact Inv. S. Guzman at (714) 245-8416 or SGuzman@santa-ana.org.
The suspects in this Santa Ana lottery scam face several potential criminal charges under California law, primarily centered on the high value of the stolen assets ($45,000) and the fraudulent methods used.
Primary Criminal Charges Faced by the Suspects
- Grand Theft (Penal Code 487 PC): Because the value of the stolen cash and jewelry exceeds $950, the incident is classified as grand theft.
- Felony Penalties: Up to 3 years in state prison and fines up to $10,000.
- Misdemeanor Penalties: Up to 1 year in county jail and a fine of up to $1,000.
- Elder Financial Abuse (Penal Code 368 PC): If the victim is 65 years or older, the suspects face specialized elder abuse charges.
- Felony Penalties: Between 2 to 4 years in state prison and a fine of up to $10,000.
- Misdemeanor Penalties: Up to 1 year in county jail and a fine up to $2,500.
- Theft by False Pretenses (Penal Code 532 PC): This specifically applies to defrauding someone through fraudulent representation, such as the fake lottery ticket claim. Penalties are similar to grand theft.
Potential Sentence Enhancements
- Property Value: For property worth over $50,000, a 1-year enhancement can be added to the prison sentence. While $45,000 is just under this threshold, prosecutors may argue for additional value based on the specific jewelry stolen.
- Conspiracy: If the suspects are charged with conspiracy (working together to commit the crime), they could face additional time. In some federal lottery scam cases, conspiracy charges have carried maximums of up to 20 years.
Additional Consequences
- Restitution: If convicted, the suspects will likely be ordered to pay back the full $45,000 to the victim.
- Immigration Status: For non-citizens, a felony conviction for a “crime of moral turpitude” (like fraud or grand theft) can lead to deportation or disqualification from permanent residency.
