If they sold tickets, and as alleged finals packages, when they knew the outcome would preclude that then it would be fraud of some sort.
The reality is, we really played 22
practice matches in 2013.
From what I’m reading, the case is that the AFL knew all along they were going to boot Essendon from finals (which of course, they did) - they even labelled the thing publicly as “protecting the integrity of the finals”.
The AFL simply knew a long way out they couldn’t risk Essendon winning the 2013 flag.
So they’ve misled consumers by knowing that all along, yet hiding it until their perfectly-timed “meetings” before the last round.