Facts
The appellant [X.] was found guilty by the President of the Court 2 of the District XIII Obersimmental-Saanen on 23 February 2005 of violating the Federal Act on Lotteries and Commercial Betting (Art. 38 para. 1 LottA in conjunction with Art. 1 LottA and Art. 43 no. 1 LottO). She had participated in, organized and disseminated a prohibited pyramid scheme in the period from August 2002 to 26 January 2003 in Blankenburg and elsewhere. In addition, she was convicted of a simple violation of traffic regulations.
The High Court of the Canton of Bern confirmed the guilty verdict for violation of the Lottery Act on 26 July 2005 and sentenced [X.] to a fine of CHF 3,000.-- and a compensation claim of CHF 15,000.--.
Considerations
The Federal Supreme Court qualified the so-called "gift circle" in which the appellant had participated as a lottery-like undertaking within the meaning of Art. 56 para. 2 LottA in conjunction with Art. 43 no. 1 LottO. The decisive factor is that in such "gift circles" the pyramid scheme is applied, in which the participants have the prospect of a multiple of the stake as a prize, which, however, depends substantially on chance.
The appellant had made the "gift circle" known to potential interested parties and recommended joining by…