Sue the victim? Seems to me crimes were committed against the states' lotteries who trusted Tipton who built the computers and installed the cheating software.  Rather than sue Tipton and those who unlawfully gained, go after the "deep pockets."  It is what attorneys do. 

Did the courts order restitution? Did the states file civil suits to seize and liquidate Tipton's and his co-conspirators' stuff?  Any restitution should be passed on to the rightful winner(s).