A Travis County grand jury has reindicted former Texas Lottery Commission Executive Director Gary Grief on a first-degree felony charge of abuse of official capacity tied to a controversial 2023 Lotto Texas jackpot drawing.
The indictment, returned on Thursday, mirrors an earlier charge filed in April that was dismissed days later at the request of an assistant district attorney. Court records show a summons was issued requiring Grief to appear in the 167th District Court in Austin on June 26.
Prosecutors allege Grief used his position at the now-defunct Texas Lottery Commission to defraud the state during the April 22, 2023, Lotto Texas drawing.
The case centers on a $95 million jackpot won after a syndicate reportedly spent about $26 million purchasing nearly every possible number combination through multiple lottery courier services. The operation drew criticism from state lawmakers after a Houston Chronicle investigation detailed how the group secured the winning ticket.
Lt. Gov. Dan Patrick previously said the jackpot had been “stolen” from Texans. The fallout prompted several investigations and contributed to the Legislature’s 2025 decision to abolish the Texas Lottery Commission and transfer its duties to the Texas Department of Licensing and Regulation.
The grand jury also issued a separate indictment against the Texas Lottery Commission itself, accusing the agency of abuse of official capacity through actions allegedly “authorized, requested, performed or recklessly tolerated” by Grief and two other commission officials.
Court documents also identify former commission officials Ed Rogers and Clay Kidd as managerial agents acting on behalf of the agency. Former lottery director Ryan Mindell, who briefly succeeded Grief, was not named in the filings.
Grief resigned from the commission in February 2024, before scrutiny surrounding the jackpot intensified.
In a statement, Grief’s attorney, Sam Bassett, criticized the prosecution and defended his client’s actions.
“The indictment returned by the Travis County Grand Jury is the product of politics, not facts demonstrating a crime,” Bassett said, per Texas Scorecard.
“Gary cooperated with the Texas Ranger investigation but neither he nor his counsel had input with the Grand Jury,” he added, per the Tribune. “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.”
Gov. Greg Abbott previously described the dismissal of the first indictment as “incomprehensible.”
No trial date has been set. The Travis County District Attorney’s Office has not publicly commented on the reindictment.
