Former Texas Lottery Commission Executive Director Gary Grief appeared in a Travis County courtroom Friday, where a judge set his bond at $10,000 in connection with a felony charge tied to the controversial $95 million Lotto Texas jackpot.
Following the hearing, Grief voluntarily reported for booking rather than being arrested by law enforcement. Another pre-trial hearing has been set for December 18.
Grief faces a first-degree felony charge of abuse of official capacity stemming from the April 22, 2023, Lotto Texas drawing, in which a New Jersey-based operation purchased nearly every possible number combination to secure the jackpot.
The group spent approximately $25 million purchasing more than 25 million tickets, effectively guaranteeing that it would hold the winning combination. The operation relied on dozens of specially provided lottery terminals spread across four locations to print the massive number of tickets in a matter of days.
Ordinarily, lottery retailers operate with only one or two terminals. However, the locations involved in the bulk-purchasing operation were provided with dozens of machines, raising questions about whether lottery officials improperly assisted the effort.
The controversy prompted an investigation by the Texas Rangers, which ultimately led to criminal charges against Grief.
According to the Travis County District Attorney’s Office, Grief authorized the intentional and knowing misuse of government resources, including property, services, personnel, or assets, in connection with the drawing.
Prosecutors allege that high-ranking lottery officials Ed Rogers and Clay Kidd participated in the misuse of resources while acting in their official capacities.
The indictment accuses Grief of abuse of official capacity involving government resources valued at $300,000 or more, making it a first-degree felony. The criminal allegation centers on the alleged misuse of government resources to facilitate the operation, rather than simply the purchase of a large number of lottery tickets.
Grief was originally indicted in April, but prosecutors dismissed that indictment days later. A second grand jury subsequently returned a substantially similar indictment against him. The now-defunct Texas Lottery Commission was also indicted.
For his part, Grief has denied wrongdoing.
His attorney, Sam Bassett, previously called the indictment “the product of politics, not facts demonstrating a crime.”
The controversy surrounding the jackpot, along with separate concerns about online lottery courier services, led lawmakers to abolish the Texas Lottery Commission last year.
Oversight of the lottery was transferred to the Texas Department of Licensing and Regulation.
