|English: This is an example of a SCAM website. (Photo credit: Wikipedia)|
This is NOT a valid defense because it has a fundamental assumption, that [whoever] actually *knew* it's a scam. What if s/he does NOT know? What if s/he is also a fraud victim? What if s/he knew it's fishy and did not share the doubt?
This can happen easily. Take a contemporary example, that horrible movie that was inciting riots all over the Middle East for insulting Prophet Mohammed and Islam? It was originally filmed as "Desert Warriors", then completely re-dubbed to change the dialog. The entire cast and most of the film crew (all except the "director") were mislead. They would not have made the movie if they knew it's going to be re-dubbed and used to insult Islam.