A convicted bank robber who isn’t supposed to gamble was recently the lucky winner of a scratch ticket worth $1 million dollars. He may not be so lucky after all. Timothy Elliott faces a court hearing today over whether he violated his probation when he bought the $10 ticket for the $800 Million Spectacular in Hyannis Massachusetts.

After pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod he was placed on five years probation. Under the terms of his probation it stated that he “may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno my be played.”

Elliott has collected the first of 20 annual $50,000 checks from the Massachusetts lottery commission.

As a part of his sentence, Elliott 55, was put under the care of the state Mental Health Department and sent to a hospital for treatment, and recently state officials refused to say whether he was still being treated.

The lottery routinely cross references the names of winners with the state Revenue Department but in this case it will be up to the court to determine what will happen with Elliott’s winnings.

What does the court have to say about this? “This is kind of new territory”