Commonwealth v. Stewart-Johnson

According to the evidence presented at trial, the defendants participated in and encouraged others to join a classic “pyramid scheme.” A Superior Court jury convicted them of violating G. L. c. 271, § 7 (setting up or promoting a lottery). On appeal, the defendants argue that their motions for required findings of not guilty should have been granted for two distinct *593reasons. First, they argue that the scheme at issue was not a “lottery” subject to the statute. Second, they argue that their role in the scheme did not rise to the level of “promoting” it. They also argue error in the jury…