trace: if you have taken part in an office lottery pool, a woman in florida fighting for a cut of $16 million, the jackpot, she says she was short $1 so a co-worker put one in for her. the woman says she paid the dollar back before the group found out they won. and that in nine years they have done the pool this was not unusual but the other winners say the woman did not contribute so she should not get a cut of the pie. and now bringing in the legal panel with us, criminal defense attorney and former prosecutor and fox news legal analyst. arthur, nine years running. come on, they put a buck in, they do this and she is short a buck and someone loans and it she pays back, a deal is a deal. that is her side and if it is accurate we feel bad but the other friend whose she has been doing this say no, that is not true, she stiffed us, she did not want to participate. i understand what you are saying trace is making faces.
and if what you are saying is true which is what the woman says, she did pay, and she paid it back beforehand, your heart goes out to her but there is a statue of fraud that anything transaction over $500 is supposed to be in writing, and i understand we like to be on a shand shake enenvironment but the law is the law. do i think she will get money? yes. the friends will kick in. that is the point, not a contract there is no contract between the co-workers but an oral agreement, we have been doing it for nine years, toss the buck in, if we win, we win. shame on arthur. shame on you. here he goes. oral contract. bottom line is, $500 for goods. guest: they made a deal. they shook hands. what we are going to look at and trace you make a great point, they will look at the surrounding circumstances. how did they do it in the past? suddenly if she is claiming well i am in, well, arrest arthur