Elon Musk has successfully defended himself against an allegation that his promise to pay $1 million to swing state voters who signed a petition for his political action committee was an illegal lottery system. Judge Maxine M. Chesney of the US District Court of the Northern District of California ruled that Aaron Greenspan failed to show that the pay-for-votes promise was sufficiently related to Greenspan’s underlying racketeering complaint against Musk. Chesney cited precedent from the US Court of Appeals for the Ninth Circuit, stating that there must be a relationship between the injury claimed in the motion for injunctive relief and the conduct asserted in the underlying complaint.
Greenspan, the founder of PlainSite, sued Musk in California court in June before it was removed, alleging, among other things, defamation and violation of the Racketeer Influenced and Corrupt Organizations Act. Greenspan claims that Musk has orchestrated a harassment campaign against him and PlainSite, which was publishing and analyzing public records about Tesla.
Greenspan argued that the voter scheme was an effort to further Musk’s allegedly criminal RICO enterprise, known as the Atlanteca Enterprise, which encompasses dozens of legal entities established to “defraud the general public and stash the resulting unlawfully obtained funds,” according to Greenspan’s Oct. 20 emergency motion. Greenspan also claimed that the initiative was an effort to avoid possible prosecution by the FBI and the US Department of Justice. He further alleged that if former President Donald Trump is elected in November, Musk can secure a pardon.
Musk responded that Greenspan’s complaint pleaded no claims relating to election interference, and the court doesn’t have the authority to issue the injunction he sought.
Chesney’s order denying Greenspan’s motion on Tuesday didn’t address the merits of Greenspan’s allegations but agreed with Musk that the injury Greenspan claimed wasn’t related to the conduct in Greenspan’s complaint.
Greenspan represented himself, while Quinn Emanuel Urquhart and Sullivan LLP represented Musk. The case is Greenspan v. Musk, N.D. Cal., No. 3:24-cv-04647, 10/23/24.
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