You Might Be a Winner
        A blog from the attorneys of Verrill

        Mayor McCheese Catches the Hamburglar (A Look at the Instant Win Games Scams)

        by Robert Laplaca on August 1, 2018

        You’re offered a $1 million game piece for $40,000 dollars. What do you do? As you might expect, this may be an offer you can’t refuse.

        A recent and very comprehensive article in the Daily Beast, provides an in-depth look at how the history of McDonald’s Monopoly Game has involved McStings, mobsters and molls. I will not go as in-depth, since I am confined to the fate of the billable hour, but the article raises a number of interesting points concerning the efforts scammers will take to cash in on that golden ticket, including, like our protagonist here, selling it to a purported Colombo crime family member, who, according to the article, looked like Al Capone and was obsessed with The Godfather.

        The McDonald’s Monopoly Game is simple enough – collect game pieces from McDonald’s products and match them with related properties from the Monopoly board. The odds of winning the grand prize of $1 million – either through finding the “Instant Win” game piece or matching the exclusive Park Place and Boardwalk properties – are 1 in 250 million. After a massive sting operation by the FBI, it was uncovered that Jerry Jacobson, the Chief of Security at Simon Marketing, the company responsible for production of the game pieces, had been funneling winning game pieces to mobsters, friends, charities, and ne’er-do-wells for years. All in, Jacobson admitted to stealing as many as 60 game pieces over a dozen years, totaling over $24 million in prizes.

        As related in this wonderful article, history shows that where there is an opportunity for illicit gain, many people see it as an offer they can’t refuse. For instance, “in 1522, a Venetian man was condemned to death after tampering with the prize draw for 1,500 ducats, a parcel of silk, and a live wild cat.” Now that’s a prize combination.

        Let’s look at some ways to help prevent offers that can’t be refused:

        1. Counterfeiting game pieces. The oldest trick in the book. (Remember when Ralph Kramden found a suitcase full of counterfeit money on the bus, spent it “easy come, easy go”, and was then held up by the counterfeiters because it was the last batch printed on the “good paper”?) Here are some ways to help: (i) scanning with a unique barcode; (ii) using customized paper and watermarks, or (iii) using hard to replicate coloring (like on currency).
        2. Insider stealing of game pieces. Many insiders may have access to game pieces. From higher-ups like Jacobson to the high school kid flipping burgers – all of whom have been confronted with an opportunity they couldn’t refuse. How about: (i) separating functions so the same person isn’t involved in all steps; (ii) heavily guarding the winning game pieces; (iii) doing background checks on the higher-ups; (iv) doing periodic checks during the production and distribution process; (v) having game pieces that identify the store where they came from; and (vi) having extensive scrutiny on winners.

        You may consider avoiding actual game pieces for big prizes by allowing customers other options to win the big prize, such as having a unique code on each game piece where customers can call in, text in, or go online to see if they won the big prize.

        This is no perfect answer. Rousseau said people were essentially good, Hobbes thought people were naturally wicked, and Don Corleone said, “I’m gonna make him an offer he can’t refuse.” Unfortunately, in the world of instant win games, you have to account for all of these possibilities.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...