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Drug dealer who won lottery has no luck with 5th Circuit

Thursday, Aug. 18, 2005 | 9:49 a.m.

BROWNSVILLE, Texas -- A convicted drug dealer rolled snake eyes Wednesday when an appeals court ruled he can't keep his lottery winnings because he bought the lucky ticket with drug proceeds.

Jose Luis Betancourt was convicted in May 2003 of conspiracy and two counts of possession with intent to distribute cocaine.

A jury also ruled Betancourt, a Mexican citizen, should forfeit half of his interest in the lottery jackpot -- about $5.5 million -- because the ticket was purchased with his ill-gotten gains.

Betancourt won the money in December 2002.

A three judge panel with the 5th U.S. Circuit Court of Appeals in New Orleans said Wednesday federal law allows the government to seize all property and proceeds obtained from drug trafficking and that Betancourt had used his drug income to buy the lottery ticket.

"Mr. Betancourt's luck ran out, and appropriately so," said U.S. Attorney Chuck Rosenberg.

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