People v. $35,315.00 United States Currency

Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2016 IL App (4th) 150685
Decision Date: 
Tuesday, September 27, 2016
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Reversed.
Justice: 
POPE

Court erred in finding that proceeds of a winning lottery ticket were not forfeitable under Illinois Drug Asset Forfeiture Procedure Act. Proceeds of winning ticket should be forfeitable because they are traceable to Defendant's drug dealing, as trial court found that Defendant bought a scratch-off lottery ticket with proceeds derived from his drug dealing. State is seizing proceeds of lottery winnings by a judicial forfeiture order, not by assignment from Defendant's live-in girlfriend, who testified that she bought ticket and who filled out claim form for winnings. (KNECHT and TURNER, concurring.)