Sauce for the goose
Could not a case be made, under the lax "intent to defraud" definition that apparently applies in this jurisdiction, that the airline is criminally liable to a passenger to whom they sell a ticket for a flight that is already full? Arguably, the airline does not intend for that particular passenger to fly, since objectively, the flight is full. Does the answer change depending on how badly the flight is overbooked, and what chance the passenger reasonably stands of getting on that flight? Or is all forgiven when the airline asks for passengers to volunteer to be bumped?