OKLAHOMA CITY -- Telephone calling cards offering cash prizes that are sold in some Oklahoma convenience stores appear to be illegal, a state assistant attorney general said.
The Associated Press said the calling cards give two minutes of prepaid long-distance service for $1. The cards, some peel-off and some scratch-off, also offer the chance to win cash prizes.
They clearly include the three elements of chance, consideration and prize, and therefore they come within the definition of lottery, which are illegal unless there's [image-nocss] a specific exemption, Assistant Attorney General Neal Leader said.
But Leader added he has not seen the questionable cards and said his opinion is not an official statement from Attorney General Drew Edmondson's office.
The sale of calling cards offering cash prizes might be taking money away from the Oklahoma Lottery, Executive Director Jim Scroggins said Tuesday. Scroggins said he hopes to meet with the state AG's office on the matter this week. We've been told...that stores would try to steer them away from the lottery tickets and have them buy the others, Scroggins said. I don't think anybody was actually fooled to my knowledge. They just thought they were being misled.
Scroggins and Leader said it is up to police, sheriff and district attorney offices to investigate and prosecute illegal sales.
Oklahoma City Police Captain Jeffrey Becker said there have been a few cases where people have bought phone cards thinking they were buying lottery cards. He said officers will check into complaints about scratch-off and peel-off cards. It's important that people be very clear on what they are buying and businesses be clear on what they are communicating to the public about what's being sold, he said.
People should look for the Oklahoma lottery sign on the tickets, Scroggins said. They can also call police or the lottery office to report the calling cards.
Debra Forshee, spokesperson for the Oklahoma County district attorney's office, said charges would be filed if the cards are illegal.
Susan Witt, spokesperson for the Tulsa County district attorney's office, said prosecutors there will look into police complaints, but said a lottery violation is not a high priority. Our attorneys have to look at 50 to 75 police reports a day, she said. Obviously, our priorities are violent crimes. If they think they can prove it beyond a reasonable doubt, then they will file a charge.
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