Facing State Lottery Fraud Charges in Minnesota?

A Minnesota Lottery Fraud Lawyer Explains the High-Stakes Felony Charges Under Statute § 609.651

You thought it was your lucky day, but now you’re facing a criminal charge that feels like a nightmare. A charge of State Lottery Fraud in Minnesota can come as a complete shock. Maybe you were trying to help someone else claim a prize, found a ticket and thought it was fair game, or got caught up in a situation that spiraled out of control. Perhaps you work at a lottery retail location and are being accused of manipulating the system, or you made a mistake on an application and are now facing felony charges for making a false statement. You didn’t plan to end up here, staring at a legal document that threatens your freedom, your finances, and your entire future with words like “felony,” “intent to defraud,” and “prison.”

You do not have to navigate this terrifying and complex process alone. I am a Minnesota criminal defense attorney, and I stand up for people who find themselves in the toughest situations of their lives. I have defended clients against serious felony fraud charges in courtrooms across this state, from the major metropolitan centers of Minneapolis and St. Paul to Rochester, Duluth, St. Cloud, and the suburbs of Bloomington, Eagan, and Plymouth. I understand the immense stress you are under and the fear of what a conviction could mean. The State of Minnesota has a team of prosecutors building a case against you, but their version of events is not the only one. My job is to be your shield and your sword—to protect your rights, challenge the state’s evidence, and fight for the best possible outcome.

What State Lottery Fraud Actually Means in Minnesota

When you are charged with State Lottery Fraud in Minnesota, the state is accusing you of much more than just breaking a rule. They are alleging that you intentionally tried to cheat a system that relies on public trust. This crime covers a wide range of conduct, all aimed at illegally obtaining lottery winnings or deceiving lottery officials. At its core, a Minnesota State Lottery Fraud charge is about an “intent to defraud”—the conscious decision to use deceit, forgery, or misrepresentation to get money you are not legally entitled to. This could involve physically altering a lottery ticket, trying to cash a counterfeit ticket, or even lying on an official document to become a lottery retailer.

The statute is broad and designed to protect the integrity of the state lottery system from multiple angles. It targets not only those who tamper with tickets but also those who try to gain an illicit edge by hacking into computer systems or by making false statements in official applications and bids. Facing this accusation means the prosecutor believes they can prove you knowingly and intentionally tried to defraud the State Lottery. Understanding which part of the statute you are being charged under and the specific intent the state must prove is the critical first step in building a powerful defense against these serious felony allegations.

Minnesota Law on State Lottery Fraud — Straight from the Statute

The entire case against you is built on the precise language of Minnesota Statute § 609.651. This isn’t just a set of guidelines; it is the exact law the prosecutor must use to try and convict you. Knowing the specific subdivisions and definitions is a source of power, as every word provides a potential avenue for your defense. It outlines what the state must prove and reveals where the weaknesses in their case may lie.

Here is the exact language of the law you are charged under:

609.651 STATE LOTTERY FRAUD.

Subdivision 1. Felony. A person is guilty of a felony and may be sentenced under subdivision 4 if the person does any of the following with intent to defraud the State Lottery:

(1) alters or counterfeits a State Lottery ticket;

(2) knowingly presents an altered or counterfeited State Lottery ticket for payment;

(3) knowingly transfers an altered or counterfeited State Lottery ticket to another person; or

(4) otherwise claims a lottery prize by means of fraud, deceit, or misrepresentation.

Subd. 2. Computer access. A person is guilty of a felony and may be sentenced under subdivision 4 if the person:

(1) obtains access to a computer database maintained by the director without the specific authorization of the director;

(2) obtains access to a computer database maintained by a person under contract with the director…

Subd. 3. False statements. A person is guilty of a felony and may be sentenced under subdivision 4 if the person:

(1) makes a materially false or misleading statement, or a material omission, in a record required to be submitted under chapter 349A; or

(2) makes a materially false or misleading statement, or a material omission, in information submitted to the director of the State Lottery in a lottery retailer’s application or a document related to a bid.

Breaking Down the Legal Elements of State Lottery Fraud in Minnesota

To convict you of State Lottery Fraud, a prosecutor can’t just make accusations; they have to meet a high legal standard. They are required to prove every single component—or “element”—of the specific offense you’re charged with beyond a reasonable doubt. If we can demonstrate that they have failed to prove even one of these elements, their case against you collapses. This is the foundation of a strong defense: a targeted attack on the state’s evidence and legal theory, creating the doubt needed to secure your freedom.

• Intent to DefraudThis is the absolute heart of a Subdivision 1 offense. The state must prove that your actions were not an accident or a mistake. They must show that you acted with the specific purpose of deceiving the Minnesota Lottery to get money. If you found a ticket and thought it was a winner, but it turned out to be cleverly altered by someone else, you may lack the required intent. Your state of mind is the central issue, and it is where many of these cases are won or lost.
• The Act of Fraud (Altering, Presenting, Transferring)For a Subdivision 1 charge, the prosecutor must prove you committed a specific forbidden act. This could be altering a ticket (like changing a number), counterfeiting a ticket from scratch, knowingly presenting a fake ticket for payment, or knowingly transferring a fake ticket to someone else. It also includes a catch-all for claiming a prize through any other form of fraud, deceit, or misrepresentation, such as lying about your identity or eligibility to claim a prize.
• Unauthorized Computer AccessFor a Subdivision 2 charge, the intent to defraud is not required. The crime is the act of unauthorized access itself. The prosecutor must prove that you gained access to a protected Minnesota Lottery computer database and that you did so without the specific authorization of the lottery director or the third-party contractor who maintains the system. This is a strict liability-type offense where the act of intrusion itself is illegal, regardless of your ultimate motive.
• Materially False StatementFor a Subdivision 3 charge, the state must prove you made a statement that was materially false or misleading, or that you made a material omission (left out a critical fact). “Material” means the lie or omission was important enough to have influenced the lottery’s decision-making process, for example, in approving a retailer application or awarding a contract. A small, insignificant error would not be enough; the lie has to matter.

Penalties for a State Lottery Fraud Conviction in Minnesota Can Be Severe

You must understand that any charge under the State Lottery Fraud statute is a felony. There are no lesser misdemeanor or gross misdemeanor versions. A conviction will brand you a felon and carries the potential for long prison sentences and crippling fines. The Minnesota sentencing guidelines for this crime are tiered, meaning the penalties become much harsher if the amount of fraud is high. The state takes the integrity of its lottery system very seriously, and the penalties reflect that.

Felony Penalties (Subdivision 1 & 2)

If you are convicted of altering/counterfeiting tickets or unauthorized computer access, the penalties are severe.

• Standard Penalty: Up to 10 years in prison or a fine of up to $50,000, or both.
• Enhanced Penalty: If you defraud the lottery of $35,000 or more, the penalty increases dramatically to up to 20 years in prison or a fine of up to $100,000, or both.

Felony Penalties (Subdivision 3)

If you are convicted of making false statements on official lottery documents, the penalties are still at the felony level, but are less severe than for direct fraud or hacking.

• Maximum Penalty: Up to 3 years in prison or a fine of up to $25,000, or both.

What State Lottery Fraud Looks Like in Real Life — Common Scenarios in Minnesota

Lottery fraud isn’t always some elaborate “Ocean’s Eleven”-style heist. Often, these charges arise from situations of desperation, poor judgment, or a misunderstanding of the rules. The state will try to portray you as a calculating criminal, but I know that the story is rarely that simple. These incidents can happen at a gas station in Brooklyn Park, a corporate office in Eagan, or a home computer anywhere in the state.

The “Cut-and-Paste” Ticket in Minneapolis

Imagine you buy a scratch-off ticket at a convenience store in Minneapolis. It’s not a winner, but you notice that a losing number is very close to a winning one. At home, you carefully use a craft knife and glue to alter the ticket to make it look like a $1,000 winner. When you present it to the lottery retailer, the clerk’s scanner immediately flags it as invalid and altered. You have just committed felony lottery fraud by altering and presenting a counterfeit ticket.

The Ineligible Claimant in Duluth

You are on public assistance in Duluth, and you know that a large lottery win would affect your benefits. You win $50,000 on a scratch-off ticket. To avoid the reporting requirements, you ask your cousin to claim the prize for you, and you offer them a small cut. When your cousin goes to the lottery office in Roseville, they are asked to sign a form swearing they are the true owner of the ticket. Your cousin signs it. Both you and your cousin have now committed felony lottery fraud by claiming a prize through misrepresentation.

The Curious IT Worker in St. Paul

You are an IT contractor working in a state government building in St. Paul that also houses Minnesota Lottery offices. Out of curiosity, you use your network credentials to poke around and gain access to a lottery computer database that stores information about prize claims, even though it’s outside the scope of your authorized work. You don’t change anything or steal money, but you have still committed felony lottery fraud under Subdivision 2 just by accessing the database without authorization.

The Retailer Application in Rochester

You want to become a lottery retailer at your convenience store in Rochester. However, you have a prior theft conviction from years ago that you worry might disqualify you. On the official lottery retailer application, when asked about your criminal history, you check the “no” box. This is a materially false statement on a required record. If the lottery discovers this lie, you can be charged with a felony under Subdivision 3, facing up to three years in prison, even if you never sold a single ticket.

Legal Defenses That Might Work Against Your State Lottery Fraud Charge

Being charged with a felony can make you feel like the fight is already over. It is not. The state has the entire burden of proof, and their case may be built on weak evidence, assumptions, and flawed police work. A powerful defense requires a relentless and creative attorney who will scrutinize every detail of the accusation. I will investigate every aspect of your case, from the initial police contact to the forensic analysis of the evidence, looking for the doubt the state wants to ignore. The best defenses to fight State Lottery Fraud charges in Minnesota are often found where the prosecution least expects it.

Your side of the story is the most important part of your defense. Whether you were an unwitting participant, made an honest mistake, or are the victim of a false accusation, we will build a strategy around the truth. There are many ways to challenge the state’s case, and our goal is always a dismissal, a reduction of charges, or a not-guilty verdict at trial. You have rights, and we will use them to fight back.

Lack of Intent to Defraud

This is the most critical defense for any charge under Subdivision 1. The prosecutor must prove beyond a reasonable doubt that you acted with the specific goal of cheating the lottery. Without proving your corrupt state of mind, their case fails.

• Honest Mistake: You might have presented a ticket for payment that you genuinely believed was a winner, unaware that it had been altered by someone else before it came into your possession. If you had no knowledge of the fraud, you cannot have had the intent to commit fraud.
• No Deceptive Purpose: Perhaps you were trying to claim a prize for a friend or relative who was out of town or unable to travel, and you didn’t realize that doing so was illegal. While it may have been against the rules, we can argue your purpose was not to defraud the state, but simply to help someone.

You Did Not “Knowingly” Act

For several of the offenses, particularly presenting or transferring an altered ticket, the state must prove you acted “knowingly.” This is a high standard that can be challenged.

• Unwitting Participant: Someone may have given you the altered ticket and asked you to cash it for them, lying to you about its legitimacy. In this scenario, you were a pawn in their scheme, not a knowing co-conspirator. We would work to prove you were deceived and had no knowledge the ticket was fake.
• Lack of Forensic Evidence: The state may lack fingerprint or DNA evidence connecting you to the act of altering the ticket itself. This can create significant doubt that you were the one who created the counterfeit item, making it harder for the state to prove you knew it was fraudulent when you possessed it.

The Statement Was Not “Materially” False

For a Subdivision 3 charge, the state must prove your false statement or omission was “material.” If the lie was trivial or would not have changed the lottery’s decision, the charge may not stand.

• Insignificant Error: You may have made a mistake on an application, but the mistake was minor and had no bearing on your eligibility to be a retailer or bidder. For example, misstating your home address from a decade ago would likely not be considered a “material” falsehood.
• No Influence on Outcome: We can argue that even if the true information had been provided, the lottery’s decision would have been the same. If the omission or misstatement did not actually influence the outcome, it can be argued that it was not material, and therefore not criminal.

Your Constitutional Rights Were Violated

The evidence against you must be obtained lawfully. If police or investigators violated your Fourth or Fifth Amendment rights, the evidence they found can be thrown out of court.

• Illegal Search and Seizure: Did law enforcement find the altered tickets or computer equipment by searching your home, car, or person without a valid search warrant or probable cause? Any evidence discovered as a result of an illegal search is considered “fruit of the poisonous tree” and cannot be used against you.
• Coerced Confession: If you were interrogated and the police pressured you, lied about the evidence, or denied your requests for a lawyer, any incriminating statements you made may have been unconstitutionally coerced. We would file a motion to suppress those statements, potentially gutting the prosecution’s case.

Minnesota State Lottery Fraud FAQs — What You Need to Know Now

When you’re facing a serious felony charge, your mind is likely swimming with questions and fears. You need clear, straightforward answers from someone who knows the system. Here are some of the most common questions I hear from clients charged with State Lottery Fraud in Minnesota.

Will I go to jail for State Lottery Fraud in Minnesota?

This is the most urgent question, and the answer is yes, it’s a real possibility. Every type of lottery fraud under this statute is a felony, carrying potential prison sentences from three to twenty years. However, a prison sentence is not automatic. An experienced attorney can often argue for alternatives like probation, especially for first-time offenders. The outcome hinges on the specifics of your case and the strength of the defense we build.

Can a State Lottery Fraud charge be dismissed?

Yes, and getting the charge dismissed is always my primary objective. A dismissal can happen for many reasons. We might prove there is insufficient evidence, show that your constitutional rights were violated during the investigation, or successfully argue that you lacked the required “intent to defraud.” A relentless legal strategy can expose the weaknesses in the state’s case, often forcing a dismissal before trial.

Do I need a lawyer for a lottery fraud charge in St. Paul?

Yes, absolutely. State Lottery Fraud is a serious felony, not a minor infraction you can handle yourself. The prosecutors in Ramsey County and across Minnesota are dedicated to getting convictions in these cases. You need a defense attorney who understands complex fraud statutes, knows the local court system, and can build a sophisticated defense on your behalf. Going it alone is a risk that could cost you your future.

How long does a lottery fraud conviction stay on my record?

If you are convicted, a felony will stay on your public criminal record for the rest of your life unless you can get it expunged. A felony record is a major barrier to employment, housing, professional licensing, and even volunteer opportunities. This makes fighting the charge from the very beginning absolutely critical.

What if I found the ticket? Is it “finder’s keepers”?

No. While finding a lost ticket isn’t a crime, claiming the prize can be. If you sign the back of a winning ticket that isn’t yours, you are effectively transferring ownership to yourself. Furthermore, if you have to misrepresent who you are to claim the prize, you could be committing fraud. The legal owner is the person who purchased it or first signed it.

I work at a store that sells lottery tickets. What are my risks?

Lottery retailers and their employees are under intense scrutiny. You could be charged for “helping” a friend or customer by telling them which scratch-off rolls have had recent winners (if this involves unauthorized use of data), for taking tickets for yourself without paying, or for being involved in a scheme to cash tickets for ineligible persons. Strict compliance with all lottery rules is essential.

Can I be charged if I didn’t actually get any money?

Yes. For many of the offenses, such as altering a ticket or knowingly presenting a fake one, the crime is complete when you perform the act with fraudulent intent. The law does not require the scheme to be successful for you to be charged and convicted.

What is the difference between the felony levels in the statute?

The penalties are tiered. Making false statements on a document carries up to 3 years. Altering tickets or hacking computers carries up to 10 years. However, if the ticket alteration or hacking scheme defrauds the state of $35,000 or more, the potential penalty skyrockets to 20 years. The amount of money involved dramatically increases the stakes.

What should I do if Lottery investigators or police want to talk to me?

You must invoke your constitutional rights. Politely but firmly say, “I am exercising my right to remain silent, and I will not answer any questions without my lawyer present.” Do not try to explain the situation or prove your innocence. You can and will make things worse. Call an attorney immediately.

How much does it cost to hire a lawyer for a felony like this?

A strong defense against a serious felony is an investment in your future. Many experienced defense attorneys, including myself, handle cases on a flat-fee basis, so you know the full cost upfront. The long-term cost of a felony conviction—in lost income, fines, and destroyed opportunities—is infinitely greater than the cost of hiring a dedicated private lawyer to fight for you.

Can I be charged for trying to claim a prize for someone else?

Yes. This is a common scenario. If the true winner is trying to avoid taxes, child support obligations, or disqualification from public benefits, and you agree to claim the prize for them, you are participating in a fraud against the state. You are misrepresenting the true winner to lottery officials, which falls squarely under the statute.

What if I just made a mistake on a retailer application?

This depends on whether the mistake was “material.” If you made a minor, unintentional error, it’s unlikely to be criminal. However, if you intentionally omitted a major fact—like a prior criminal conviction—that would have disqualified you, the state will argue it was a material and illegal false statement.

Can this charge affect my immigration status?

Yes, a conviction for any fraud offense is considered a “Crime Involving Moral Turpitude” (CIMT). For a non-citizen, a CIMT conviction can lead to deportation, prevent you from re-entering the U.S., and permanently bar you from ever becoming a citizen, even if you are a lawful permanent resident.

Does this law apply to online lottery games too?

Yes. The statute is written broadly to cover the “State Lottery,” which includes all its games, whether they are physical scratch-off tickets, draw games like Powerball, or any online games or second-chance drawings administered by the Minnesota Lottery. Unauthorized access to online accounts or databases is explicitly covered.

What is the very first thing I need to do right now?

The absolute first step is to call an experienced Minnesota criminal defense attorney. Do not wait for your court date. The sooner you have a lawyer protecting you, the more options you will have. We need to preserve evidence, contact potential witnesses, and start building your defense immediately.

What a State Lottery Fraud Conviction Could Mean for the Rest of Your Life

A felony conviction is more than a sentence; it’s a permanent stain that follows you forever. It’s a public record that brands you as untrustworthy and dishonest. The penalties set by a judge are just the beginning. The hidden, “collateral” consequences can be even more devastating, systematically shutting doors to opportunity and impacting every corner of your life. We are fighting to prevent this from becoming your reality.

A Lifetime Ban on Your Right to Own a Firearm

If you are convicted of any felony in Minnesota, your right to own, possess, or transport a firearm or ammunition is permanently extinguished. This is not a temporary suspension. For the many Minnesotans who value hunting, sport shooting, or the right to personal protection, this is a catastrophic and irreversible loss of a constitutional right.

A Criminal Record That Destroys Your Career

In today’s economy, nearly every employer runs a background check. A felony fraud conviction is a bright red flag that can make you unemployable in any field that requires trust, handling of money, or a professional license. Careers in finance, healthcare, management, and even many retail positions will become inaccessible. Life after a lottery fraud conviction in Minnesota can mean a future of denied applications and diminished income.

Loss of Housing and Educational Opportunities

Finding a safe place to live becomes incredibly difficult with a felony record. Landlords and property management companies in places like Maple Grove or Bloomington often have strict policies that automatically deny applicants with felony convictions. You and your family could be denied housing because of this one mistake. Furthermore, a felony conviction can make you ineligible for federal student loans, grants, and other forms of financial aid, closing the door on future education.

Devastating Immigration Consequences

For any person who is not a U.S. citizen, the stakes could not be higher. A conviction for a fraud offense is a Crime Involving Moral Turpitude (CIMT) that can trigger the harshest immigration penalties. This can include immediate deportation proceedings, even if you have a green card and have lived in the U.S. for years. It will also be a permanent bar to ever becoming a naturalized citizen.

Why You Need a Tough, Experienced Minnesota State Lottery Fraud Attorney

When the State of Minnesota has charged you with a serious felony, you cannot afford to have anyone less than a dedicated, aggressive fighter in your corner. This is not a time for an overworked public defender juggling hundreds of cases. Your freedom, your financial future, and your reputation are all on the line. The single most important decision you will make is choosing the right private attorney to defend you.

The Power of a Private Lawyer’s Undivided Attention

As your private defense attorney, my only client in your case is you. My focus, my resources, and my loyalty are yours alone. I have the time and the dedication to dive deep into the complexities of your case—to scrutinize the state’s evidence, conduct our own investigation, and craft a legal strategy that is tailored to your specific circumstances. You will never be just another file on a crowded desk. You are my client, and protecting your future is my mission.

How Fast Action Can Change Your Outcome

The most critical time in any criminal case is right at the beginning. The moment you are arrested, or even suspect you are under investigation, is the moment you must act. By hiring me immediately, you allow me to get on the offensive. I can intervene with investigators and prosecutors, often before their case against you has fully taken shape. We can preserve crucial evidence, locate and interview witnesses, and begin building your defense before opportunities are lost forever. Your best defense starts today.

Understanding Minnesota’s Local Court Systems

Winning a complex fraud case requires more than just knowing the law—it requires knowing the local legal landscape. I have defended clients in courtrooms across this state, from Hennepin County to St. Louis County. I know the local judges, the prosecutors, and their unique tendencies and priorities. I understand that a legal argument needs to be framed differently in a St. Paul courtroom than it might be in Rochester. This local knowledge is a powerful and practical advantage in navigating the system and achieving a successful result.

Building a Case Designed to Win

My philosophy is to prepare every single case for a jury trial. This rigorous preparation and a willingness to fight sends a clear message to the prosecutor: we will not be pushed around, and we will not accept an unjust offer. By building a strong, trial-ready case from day one, we create the leverage necessary to achieve the best possible outcome. Whether that outcome is a full dismissal, a favorable negotiation to a lesser charge that protects your record, or a “not guilty” verdict after trial, it is our aggressive preparation that puts you in the strongest position to win.