Sweepstakes Scammers Convictions Hold, Despite Advice of Counsel

Two men convicted of mail and wire fraud in connection with a sweepstakes mailing scheme lost their Second Circuit appeals challenging the sufficiency of the government’s evidence.

There was evidence that indicated that Gary Denkberg and Sean Novis relied on advice of counsel. Even so, a jury could have “easily found” that they had fraudulent intent, the US Court of Appeals for the Second Circuit said Monday.

The “pervasive evidence of fraudulent intent,” which included numerous complaints from victims and state attorneys general, could lead a jury to infer that they sought legal advice in bad faith, in order to ...