Adrian Portelli Acquitted of Lottery Charges, Company Fined $40,000 in South Australia

Businessman Adrian Portelli has been acquitted of nine charges related to assisting in the conduct of an unlawful lottery in South Australia. Concurrently, his company, Xclusive Tech Pty Ltd, operating as LMCT+, was found guilty on 10 counts of conducting unlawful lotteries and was subsequently fined $40,000.

The rulings were delivered in the Adelaide Magistrate Court.

Court Verdicts Delivered

Magistrate Melanie Burton found Mr. Portelli, 36, not guilty of all nine charges. The Magistrate determined that the simple act of drawing an entry was not sufficient to deem him as assisting in the conduct of an unlawful lottery.

Xclusive Tech Pty Ltd (LMCT+) was found guilty of 10 counts of conducting a standard lottery without the required license. The company was issued a $40,000 fine. Each offense carries a maximum penalty of $10,000 under South Australian law.

Background to the Charges

The charges, initiated by South Australia's Consumer and Business Services, alleged that LMCT+ operated 10 distinct lotteries without the necessary license between January 29, 2023, and May 16, 2024.

These lotteries offered substantial prizes, including cash amounts, cars, and homes—some of which Mr. Portelli had famously purchased on the television program "The Block." While the lotteries operated nationally, the charges pertained specifically to South Australian law.

Legal Framework and Magistrate's Rulings

Magistrate Burton clarified that South Australian law mandates that trade promotion lotteries offering prizes exceeding $5,000 must possess an approved license and ensure entries are free of charge.

The Magistrate concluded that, in the instances under review, the draw entries were identified as the primary products purchased for value.

In her ruling, Magistrate Burton stated:

"I find, beyond any reasonable doubt, that XT conducted 10 standard lotteries as alleged."

She further highlighted the commercial nature of the enterprise, noting it was not a charity, and emphasized the need for consequences. The Magistrate classified the offense as low to medium in severity and noted it was the company's first offense, adding that the company had the capacity to pay the fine.

Prosecution and Defence Arguments

Prosecutor Stephanie Wilson from the Liquor and Gambling Commission stated that LMCT+ had received prior warnings regarding the unlawfulness of its activities but continued to operate. She noted the substantial value of the prizes and properties involved, citing a lack of oversight, and stressed that the purpose of the lottery act is to ensure fairness and honesty.

Defence lawyer Ben Lodge maintained that there was no indication of fraudulent activity within the lotteries and described the business as legitimate. He also informed the court that the company had been granted a license by the New South Wales regulator.