Spicola is the Spenard pull-tab dealer who became famous
statewide in 2008 by launching high-stakes raffles – he paid one
winner a half-million bucks, and Spicolas lottery became even more
famous when news media reported the winner was on Alaskas sex
offender registry. It was a bizarre coincidence that Spicolas
charitable partner in the raffle was the nonprofit victims
advocacy group Standing Together Against Rape.
Spicola marketed his high stakes raffles as lotteries or
lotto games and claimed they were Alaskas first. His celebrity
turned to notoriety in January, when state prosecutors announced
felony charges against him. Spicola, the state claimed, had been
seeking kickbacks from two nonprofits he sold pull-tabs for under
Alaskas gaming laws. The prosecutors said money put down on
pull-tabs at Spicolas operation, Lucky Times Pull Tabs, was not
being shared correctly with the nonprofits that are permitted.
Spicolas seeming patience with the court last week should be no
surprise: It had been almost eight full months since his felony
gaming case was first made public. The state announced those
charges in a press release and by filing information documents in
court. There was no indictment by grand jury until last week, until
just hours after the arraignment on unemployment fraud. (Alaska
prosecutors are required to bring felony charges first to a grand
jury, which decides if there is enough evidence to proceed.)
White color crime is intensely paper-oriented, says Assistant
District Attorney Anne Preston, who is prosecuting Spicola. Preston
works in the states special prosecutors office, enforcing mostly
tax law cases investigated by the Department of Revenue. Spicola
was formerly an investigator in the Department of Revenue. (Preston
says she never worked with Spicola.)
The January court filings claim Spicola knew the gaming laws,
and became a for-profit pull-tab operator soon after leaving his
state job in 2007. He needed nonprofit gaming partners to work with
in order to make his business work. (Some call it charitable
gaming but in Alaska any nonprofit, whether its a snowmachine
race or soup kitchen, can get into gambling on equal footing-a
charitable mission is not required.) The court filings also claim
Spicola established a relationship with one nonprofit, Anchorage
Community Theater, before he left his state job. Spicola told ACT
board members hed like to play their pull-tab permit once he
launched his own private business, the court filings allege.
Pull-tabs, or rippies, are games composed of hundreds of cards
with perforated tabs that usually cost one or two dollars per card.
Players rip open the windows to see if their card is a winner. In
some cases a one-dollar wager can earn $200. State laws are written
with the intention to guarantee a nonprofit with a gaming permit
can earn money on the game, even if their for-profit partner is not
selling a game fast enough to recoup its expenses.
Spicola told the Press, back in January, that he is an
innocent man. He politely declined comment following his
arraignment last week. The community theaters bookkeeper Darcy
Bennett, who testified before the grand jury that indicted Spicola,
declined to talk about the case on Tuesday.
A nonprofit permit holder is meant to take 30 percent of
adjusted gross receipts. The adjusted gross is only meant to
subtract the prize money given out and some taxes. In the Lucky
Times case, Spicola is accused of spending money on expenses that
made it impossible for him to pay 30 percent of the properly
adjusted gross to ACT and one other non profit, a motorcycle safety
group called ABATE (Alaska Bikers Advocating Training and
Education).
Spicola created his high-stakes raffles to benefit STAR, the
nonprofit called Standing Together Against Rape. STAR was not
included in the January filings, but this weeks indictment
includes nine felonies, and one names STAR as a victim.
Spicolas hearing in front of judge Hanley was brief. He tried
to explain to the judge that the two cases were about to be
combined – turns out it was an accurate prediction-and he asked
about a bench warrant, issued because he missed a previous
arraignment on the new case.
I was about 45 minutes late, Spicola said, adding that he was
directed by a clerk to a different courtroom. So I went to B-2 and
hung out and no one ever came and got me…
Judge Hanley quashed the bench warrant.
Does that mean I get all my bail back? Spicola asked.
That bail is not yet forfeited, Hanley said, so whoever paid it
would be returned the money when the case is resolved.
Later that day Spicola would be indicted by a grand jury for the
rewritten white collar crime charges. The state now accuses him, in
one indictment, of bilking three nonprofits and of filing for
unemployment during ten workweeks for which he didnt qualify. The
prosecutor withdrew several charges for soliciting bribes from
nonprofits and failing to file proper paperwork with the Revenue
Department where he once worked. Spicolas trial is scheduled for
October 10, but the wheels of justice can turn slowly in cases so
intensely paper-oriented. Spicolas court file includes a
notation that says the defense received more than 1,000 pages of
discovery materials.
scott@anchoragepress
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