Former Texas Lottery director re-indicted

AUSTIN, Texas - The former executive director of the Texas Lottery has been re-indicted on a new charge of abuse of official capacity.

The new indictment came just ten days after an indictment for the same charge was dismissed by a Travis County ADA.

PREVIOUS REPORTING: Former Texas Lottery Commission head no longer faces criminal charge

What they're saying:

Travis County District Attorney Jose Garza confirmed the new charge to FOX 7 Austin's Meredith Aldis, saying:

"We unfortunately are in a position right now where we're not legally permitted to talk about this, but I think we will be very soon."

Sam Bassett, Grief's attorney, issued a statement to FOX 7 Austin on his client's behalf, saying:

"Gary Grief committed no crime. 

The indictment returned by the Travis County Grand Jury is the product of politics, not facts demonstrating a crime. Gary cooperated with the Texas Ranger investigation but neither he nor his counsel had input with the Grand Jury. The Rangers had their direction from politicians searching for a scapegoat. When all facts are revealed in court, the public will see that Gary’s leadership at the Lottery Commission generated millions of dollars for Texas schools and veterans and there was no crime."

Previous indictment dismissed

The backstory:

Grief was indicted last month on a charge of abuse of official capacity.

Prosecutors accused him of misusing state resources during a 2023 Lotto Texas drawing, the same drawing at the center of a massive jackpot controversy. Just days after the indictment, the Travis County District Attorney’s Office dropped the case. Court records say the decision was made under prosecutorial discretion by an assistant district attorney. 

The case stems from an alleged scheme. 

State leaders said a group of professional gamblers, data-modeling strategists, and retail ticket sellers found a way to all but guarantee a win in the April 2023 Lotto Texas drawing. The group allegedly used a huge ticket-printing operation to buy nearly every possible number combination before the drawing, and it worked. On April 22, 2023, someone won $95 million.

Lieutenant Governor Dan Patrick has been one of the most vocal critics, especially when it comes to lottery courier apps, which allowed people to buy tickets online through third parties.

Grief resigned before the details were made public.

Multiple lawsuits have been filed since then, including a woman who claimed she never received her jackpot after winning through a courier app and a man saying his prize would have been bigger if the alleged ticket-buying scheme had never happened.

The Texas Lottery is now being overseen by the Texas Department of Licensing and Regulation, courier services have been banned, and in 2027, Texas lawmakers could decide whether the lottery itself should even continue to exist.