At an ongoing hearing in Philadelphia on Elon Musk and his super PACs Million dollar draw for votersa defense attorney said the gift was a way to recruit America PAC spokespeople, while the Philadelphia District Attorney said it was a “scam.”

According to defense attorney Chris Gober, recipients of the million-dollar checks sign contracts after being selected from a group of people who signed the petition to serve as spokespeople for the PAC. Tomorrow’s winner has already been determined to be a registered Michigan voter.

“They were not chosen by chance,” Gober said during the hearing in Philadelphia County Court of Common Pleas.

Minutes later, Philadelphia District Attorney Larry Krasner’s team played a video in court in which Musk swore the money would be awarded “randomly.”

“So I have a surprise for you is that we’re going to randomly award a million dollars to people who signed the petition every day between now and the election,” Musk told a crowd in Pennsylvania on October 19 .

Testifying on the witness stand, Krasner called the gift a “scam” and a “scam” intended to “flood money into American elections.”

“It’s not a contract and it’s not a job,” Krasner, the first witness at the hearing, said animatedly. “There are certain words that stand out: attribution. That doesn’t sound like a spokesperson contract.”

“This is definitely a random selection, despite what I think is a very misleading version that I think I heard today,” Krasner said.

Krasner testified that America PAC effectively defrauded Philadelphia residents by extracting their personal information – which they had entered to sign the petition allowing them to enter the contest – when the contest never actually offered them a chance chance to win the million dollar prize.

“They were scammed out of their information,” said Krasner, who is asking the judge to stop the contest immediately.

-Peter Charalambous of ABC News