Lawyer’s Testimony Reveals Preselected Recipients, Not Random Draws
Elon Musk and America PAC could face criminal charges after Musk’s lawyer, Chris Gober, revealed in a Pennsylvania court that the recipients of a daily $1 million “giveaway” were selected based on personal stories, not randomly as initially suggested. Gober’s admission, given to Judge Angelo Foglietta on November 4, challenges the portrayal of the program as a lottery, a claim that has led to significant legal scrutiny.
The program, launched by Musk in early October, promised that a random registered voter from key swing states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, or Wisconsin—would win $1 million each day until Election Day. However, Gober stated that the winners were chosen deliberately and that the funds were never intended as a random prize.
“The $1 million recipients are not chosen by chance. We know exactly who will be announced as the $1 million recipient today and tomorrow,” Gober said, according to a Forbes report.
Pennsylvania District Attorney Investigates Potential “Illegal Lottery”
Pennsylvania District Attorney Larry Krasner brought the case forward, arguing that Musk’s program effectively constitutes an unlicensed lottery. The court testimony aligns with complaints that Musk’s repeated references to “random” payouts misled the public into viewing the program as a sweepstakes or lottery, which typically requires federal licensing.
While a request to move the case to federal court was denied on November 1, making federal penalties unlikely, Pennsylvania law still allows for penalties for unauthorized lotteries. Although the charge is classified as a misdemeanor, a conviction could result in fines, forfeiture of funds, or up to one year of prison time—though jail sentences are rare for misdemeanor cases.
Legal Defense Asserts Program Was Not a Lottery
In defense, Musk’s legal team maintains that no lottery ever existed, explaining that winners were hired as paid spokespersons and given $1 million upon meeting specific contractual requirements. The defense claims the funds served as compensation, not a prize, and that the selection process was based on winners’ compelling personal stories, which were reviewed by Musk and America PAC.
Possible Federal Action and Political Implications
The Department of Justice has reportedly issued warnings to both Musk and America PAC regarding potential federal violations. Should Musk or his PAC be charged federally, penalties could include hefty fines and further legal restrictions on Musk’s political activities.
Adding to the complexity, Musk’s ties to former President Donald Trump could come into play if Trump, now a presidential candidate, wins the 2024 election. Musk is expected to work with Trump’s proposed Department of Government Efficiency if Trump returns to office, which could potentially impact ongoing legal proceedings.
The case underscores the legal and ethical concerns surrounding political incentives and unlicensed prize programs, raising questions about transparency, compliance, and Musk’s influence in both the tech and political landscapes.
