I'm a new prosecutor with a gambling case pending trial over the VFW Sweepstakes machines. We've charged gambling promotion, keeping a gambling place, and possession of gambling device, equipment, or paraphernalia. Defense argument is looking like "limited prize pool + random number generator = legal sweepstakes, not gambling". I'd appreciate any advice that may be offered regarding such a case. I am looking specifically for any advice on: 1) explaining the difference between a legal sweepstakes (e.g., Monopoly at McDonald's) and this (buy card w/ pre-determined winning numbers, go to machine to reveal, and if win, can cash out), 2) advice on prosecuting these cases in jury trial (e.g., common pitfalls and what does the State need to have to show, e.g., gaming device), and 3) what sort of expert should the State bring in, if any. Defense expert may be Nick Farley so words to the wise there would be helpful too.
If anyone doesn't think the VFW Sweepstakes is gambling, I'd appreciate those explanations as well!
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