A lawyer representing Elon Musk and the America PAC political action committee told a Pennsylvania judge on Nov. 4 that the recipients of his clients’ daily $1 million “giveaway” were hand-picked based on their personal stories. 

This testimony, given by Chris Gober, a lawyer reportedly known for working with US Republicans, disputes depictions of the so-called giveaways as a lottery for voters. 

Voter incentive

Musk announced the program in early October stating that one random, registered voter in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin would be awarded $1 million every day until the election. 

However, according to Gober, the winners were “not chosen by chance” and the money was never offered as a prize. Per a report from Forbes, Gober told Judge Angelo Foglietta:

“The $1 million recipients are not chosen by chance. We know exactly who will be announced as the $1 million recipient today and tomorrow.”

Courtroom reporter Marshall Cohen describes the admission in a post on X. Source: Marshall Cohen

As courtroom reporter for CNN Marshall Cohen stated on X.com, the crux of the case stems from commentary Musk made indicating that eligible voters would be awarded the money “randomly,” leading many to refer to the program as a lottery or sweepstakes. 

Pennsylvania district attorney Larry Krasner, the DA who brought the case against Musk and America PAC, indicated that this was tantamount to running an unregistered lottery. According to a report from Forbes, Krasner is considering criminal charges. 

Related: Cointelegraph’s coverage of the 2024 United States presidential election

Criminal charges

Under typical circumstances, the maximum penalty for running an illegal lottery under US federal laws includes forfeiture of funds, fines, and up to a year in prison. However, a bid to have the case sent to federal courts was dismissed on Nov. 1 and federal regulations won’t necessarily apply.

It’s unclear whether Musk or members of the America Pac could potentially face jail time for the potential charges. A cursory inspection of Pennsylvania law indicates it’s considered a misdemeanor to run an illegal lottery and, as such, those found afoul of the law wouldn’t normally receive jail time. 

The lawyer representing America PAC and Musk argued there never was a lottery to begin with. According to the report, the winners were chosen based on their stories and were then hired as spokespersons with the $1 million awards contingent upon meeting contractual obligations. 

While it remains possible that Musk and the America PAC could be brought up on federal charges — both have reportedly received warnings from the US Department of Justice — his ties to former US president and current candidate Donald Trump could offer some protection, provided the Republican wins. 

Trump and Musk have indicated that the tech mogul will contribute to a Department of Government Efficiency if the former president retakes the Oval Office in January. 

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