Legal News

Ex-NBA Referee Gets 15 Months

By Dan Slater

Back in May, we spoke to former EDNY prosecutor, Dechert partner and “Goodfellas” actor Ed McDonald about the oft-delayed sentencing of ex-NBA ref Tim Donaghy, who pleaded guilty last year to charges relating to his betting on games that he refereed. When we asked McDonald, who is unconnected to the case, why Donaghy’s sentencing had been delayed for the fourth time, he suggested that Donaghy’s lawyer was seeking a “5K1″ letter — a letter from prosecutors to the judge explaining that the facts might warrant a downward departure in the sentencing guidelines.

“According to the letter Donaghy’s attorney, John Lauro, recently submitted to the court,” said McDonald, “he gave evidence against his buddies from home. But certainly they’re not big fish; probably not something that’s going to warrant a significant reduction.”

Perhaps not, but yesterday U.S. District Judge Carol B. Amon delivered Donaghy (pictured, right) a 15-month sentence — much lighter than the 27 to 33 months suggested by the sentencing guidelines. Click here for the NYT report, and here for an article from the NYLJ, which provides some interesting background on the law that the prosecutors used to go after Donaghy. (In addition to conspiring to transmit gambling information, Donaghy deprived the NBA of the “intangible right” to his “honest services.” A corporation’s right to honest services is guaranteed by an amendment to the Anti-Drug Abuse Act of 1988, which was backed by former First Lady Nancy Reagan).

“This is a total validation of the cooperation that Tim provided and the recognition that all the information he told authorities was truthful,” Lauro (pictured, left) said to the NYT.

“This is a story that is yet to be told,” Lauro said after the sentencing, referring to the information provided by Donaghy about the conduct of N.B.A. officials and referees. “All the facts didn’t come at this proceeding, but someday, they will.”

Last week, Judge Amon sentenced one of the co-defendants, James Battista, to 15 months in prison and the other, Thomas Martino, to 12 months and a day.

Full post as published by Law Blog - WSJ.com on July 30, 2008 (boomark / email).