Lincoln judge orders man to pay $252K civil penalty for fraudulent Husker ticket packages

Lancaster County District Judge Jodi Nelson already had found Kenneth McCants liable for misrepresenting what buyers were getting and who was benefitting.

At a hearing last month, the Nebraska Attorney General’s Office presented evidence as to damages.

McCants, who appeared by video conference, offered no defense and at a previous hearing in the case told the judge: “I just want to put it behind me.”

The Attorney General’s Office filed the complaint against Nfluence and McCants, the man behind it, in September, over advertisements for the Nebraska Game Day Experience, offering fans the opportunity to watch a Nebraska football game in a luxury suite with former University of Nebraska football players, with part of the proceeds benefitting nonprofits.

At a hearing last month, Assistant Nebraska Attorney General Justin McCully said investigators determined there had been 63 purchases of The Nebraska Game Day Experience and that none of the proceeds went to benefit organizations as advertised.

He offered affidavits of 10 people who each spent between $1,000 and $3,000 believing they were buying a “once in a lifetime experience.” Instead, some only received a general admission ticket and others nothing at all.

McCully asked the judge to issue civil penalties of $252,000 on Nfluence and McCants or at a minimum order $87,000 returned to the consumers of the 63 purchases.

In an order Tuesday, Nelson said evidence indicated the $87,000 in sales proceeds were used for subscription streaming services, Disneyland tickets, various purchases in Hawaii and other personal expenses.

She ordered McCants to pay $2,000 for each violation of the Consumer Protection Act and for each violation of the Uniform Deceptive Trade Practices Act, adding up to $252,000.

Nelson also ordered him to pay $87,000 in restitution to the consumers through the Attorney General’s Office state settlement trust fund.

In a press release, Attorney General Mike Hilgers said: “Nebraska football plays an integral part in the lives of many Nebraskans. This fraud preyed on Nebraskans’ love of the Cornhuskers and their passion to help others in need. We are grateful for the court’s order, which will send a message to other would-be fraudsters.”

He said if any money is recovered the office will prioritize returning funds to consumers harmed by the fraud.

Hilgers said the case inspired his office to craft LB934, which was introduced and enacted this legislative session. It allows the AG’s office to freeze ill-gotten funds to prevent them from being spent or otherwise depleted, increasing the likelihood that consumer funds can be recovered.