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Cases/Sport/Case 010

The NBA referee betting scandal

Referee Tim Donaghy bet on NBA games, including games he worked, and sold picks to gamblers. What the court records show, and what they don’t.

The question Did referee Tim Donaghy bet on games he worked, and were other games, like Game 6 of the 2002 Western Conference Finals, fixed?

12 main-timeline steps3 branches15 sources, 8 of them tier 1
The short version

What the records say

The documented story holds up: 12 of 12 timeline steps are Confirmed by the records (score 100).

3 theories checked: 3 unverified. A theory is rated by its key claim.

The theories, and how they hold up
Most recent finding
1 Oct 2008

The NBA’s commissioned review reports no other referee bet on games

confirmed

Credible: it rests on a primary (tier-1) record. See the step

Down the rabbit hole

The ground line is the documented timeline. Each tunnel is a theory that branches off it; every chamber is a step, coloured by how well the records support it. The deepest chamber is the theory’s key claim. Tap one to open it.

12 documented steps along the ground; 3 theories tunnel down from them. Game 6, 2002 Western Conference Finals: Unverified. Other referees: Unverified. The league knew and covered it up: Unverified.May 2002Jun 2007Jun 2008Oct 2008Game 6, 2002 Western Conference FinalsUnverifiedThe league knew and covered it upUnverifiedOther refereesUnverified
confirmedlikelydisputedunverifieddisproven

Main timeline

Oldest first
confirmedlikelydisputedunverifieddisproven
  1. 31 May 2002
    confirmed

    The Lakers beat the Kings in a disputed Game 6

    Los Angeles won 106–102 to tie the 2002 Western Conference Finals at three games each, then won Game 7. The Lakers shot 27 free throws in the fourth quarter, and the officiating was widely criticised at the time.

  2. 2003
    confirmed

    Donaghy starts betting on NBA games, including games he referees

    The charging document says: “Approximately four years ago, DONAGHY began placing bets on NBA games, including games he officiated.” A friend placed the bets; they bet on about 30 to 40 games a year.

    Sources disagreeThe 2008 restitution opinion says this betting began during the 2003–04 season. A government letter of 16 May 2008, as quoted in the NBA’s review, says “in or about March 2003”. Both are shown.
  3. Dec 2006 – Apr 2007
    confirmed

    Donaghy sells picks to two gamblers, using inside information

    James Battista and Thomas Martino paid him cash for each correct pick and nothing for a wrong one; the government told the court the fee began at $2,000. At his plea he said: “Some of my picks included games I had been assigned to referee.”

    T1Restitution opinion, 23 Jul 2008pp. 2–4T1Pedowitz report for the NBA, Oct 2008pp. 12–14, quoting government letters of May and June 2008
  4. 20 Jun 2007
    confirmed

    The FBI tells the NBA one of its referees is under investigation

    The next day senior NBA management were told Donaghy had bet on games, including games he worked. The league’s later review says the FBI gave no information that he had made calls to influence games.

  5. 15 Aug 2007
    confirmed

    Donaghy pleads guilty to two federal felonies

    He admitted conspiracy to commit wire fraud (depriving the NBA of his honest services) and conspiracy to transmit wagering information. Battista and Martino were charged the same day.

  6. Apr 2008
    confirmed

    The two gamblers plead guilty

    Martino pleaded guilty to conspiracy to commit wire fraud on 16 April 2008, and Battista to conspiracy to transmit wagering information on 24 April 2008.

  7. 8 May 2008
    confirmed

    Prosecutors find no evidence Donaghy made calls to win his bets

    The government’s letter on his cooperation said there was “no evidence that Donaghy ever intentionally made a particular ruling during a game” to make a pick win. He acknowledged his money interest might have affected his refereeing subconsciously.

    T1Pedowitz report for the NBA, Oct 2008pp. 15–16, quoting the government’s letter of 8 May 2008 at 5T2FOXNews.com, 14 Jul 2008
  8. 10 Jun 2008
    confirmed

    Donaghy’s lawyer files his allegations against referees and the league

    Seeking a lighter sentence, the letter summarised what Donaghy told investigators: that two referees wanted to extend a 2002 playoff series, that league officials steered calls in a 2005 series, and that some referees had improper ties to teams. These are allegations; they name no teams or people.

  9. 9 Jul 2008
    confirmed

    The prosecutor tells the court much of it was unsubstantiated

    The prosecutor agreed Donaghy had told the government what the letter describes, “but a lot of it was unsubstantiated and that’s important.” He added that a number of the allegations turned out not to “hold any water.”

  10. 23 Jul 2008
    confirmed

    The court orders $217,266.94 in restitution to the NBA

    The NBA had asked for $1 million, then $1,395,104.89. The court allowed part of Donaghy’s pay, part of the league’s lawyers’ fees and the cost of reviewing game film for the government.

    T1Restitution opinion, 23 Jul 2008pp. 1–2, 7–9, 40
  11. 29 Jul 2008
    confirmed

    Donaghy is sentenced to 15 months in prison

    Judge Carol Bagley Amon also imposed three years of supervised release. She said the NBA, the players and the fans “relied on him to perform his job in an honest manner.” He had faced up to 33 months.

  12. 1 Oct 2008
    confirmed

    The NBA’s commissioned review reports no other referee bet on games

    Lawrence Pedowitz, a lawyer hired by the NBA, reported “no information suggesting that any NBA referee other than Tim Donaghy has bet on NBA games”. It also found no evidence of inappropriate conduct in the games Donaghy’s letter described.

Branches

Go down one

A branch is only as strong as its weakest step so far. The count is how many sources back each step.

Branches off main-timeline step 1 · 31 May 2002

Game 6, 2002 Western Conference Finals

Did referees fix Game 6 to force a seventh game?

Sources disagreeDonaghy’s letter says two Team 5 players were ejected. ESPN and the NBA’s review say the Kings’ Vlade Divac and Scot Pollard fouled out.
Step by step
  1. confirmed

    The game drew heavy criticism at the time

    The Lakers shot 27 free throws in the fourth quarter and scored 16 of their last 18 points at the line. Ralph Nader and the League of Fans wrote to the commissioner asking for a review.

    StartStrength so far:confirmed· 3 sources on this step
  2. confirmed

    June 2008: Donaghy’s lawyer alleges two referees wanted a Game 7

    The letter says Donaghy learned from one referee that two “company men” wanted to extend the series and called “made-up fouls on Team 5”. It names no teams; its description matches Game 6. Confirmed only that this was alleged.

    = HoldsStrength so far:confirmed· 2 sources on this step
  3. confirmed

    The game’s referees deny it

    Ted Bernhardt, one of the three, told ESPN.com: “I stand by my calls in that game.” The NBA’s review says the other two also denied favouring the Lakers.

    = HoldsStrength so far:confirmed· 2 sources on this step
  4. confirmed

    The NBA’s own reviewers count the errors

    League officiating staff found 15 wrong calls or non-calls: 8 favoured the Lakers and 7 the Kings; 2 of the 3 fourth-quarter errors favoured the Lakers. The review found no “evidentiary or logical support” for the allegation.

    = HoldsStrength so far:confirmed· 1 source on this step
  5. unverified

    Key claim: Game 6 was fixed

    The only record for it is Donaghy’s second-hand account, made while he sought a lighter sentence. Prosecutors said much of what he told them was unsubstantiated, without saying which parts. The game-by-game rebuttal is the NBA’s own.

    ▼ WeakerStrength so far:unverified· 2 sources on this step
This branch

Bullshit meter

20%1 of 5 steps are Unverified or Disproven · one cell per step
  • Key claim: Game 6 was fixed. Unverified.
  • Key claim contradicted by tier 1? Not by an independent record. The detailed rebuttal is the NBA’s own review (see the interest meter), and the prosecutor’s “unsubstantiated” remark did not single out this game, so reviewers decide.
This branch

Fluff meter: possibly planted

0 / 5signals present · 3 not measured · not enough to say
  • Can’t be traced to an original record. Absent: traced to the 10 June 2008 court letter.
  • First appeared from new or anonymous accounts. Not measured.
  • Coordinated identical wording. Not measured.
  • Cited source doesn’t exist. Absent: the letter exists and was read.
  • Later contradicted. Not counted: the only detailed contradiction is the NBA’s own review.

● present · ○ absent · – not measured. Lists signals only. It never accuses anyone.

This branch

Personal interest meter

3documented interests

“Has a documented interest” only, each one sourced. Never an implication of guilt.

Case · The NBA referee betting scandal

Correlation meter

3shared items tie parts of this case together
  • Donaghy’s 10 June 2008 letter, is the source of the Game 6 claim, the claims about other referees and the 2005 series claim (main timeline step 8 and all three branches). T1Donaghy’s lawyer to the court, 10 Jun 2008pp. 1–4
  • The prosecutor’s 9 July 2008 remark, that “a lot of it was unsubstantiated” bears on all three branches. T1Hearing transcript, 9 Jul 2008p. 21
  • Wachtell, Lipton, Rosen & Katz, wrote the NBA’s 2008 review and was the NBA’s counsel in the criminal case (main timeline step 12 and all three branches). T1Restitution opinion, 23 Jul 2008pp. 30–31

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Sources

  • T1Information, United States v. Timothy Donaghy, No. 07-CR-587 (CBA), U.S. District Court, Eastern District of New York, filed 15 Aug 2007 (docket entry 2). storage.courtlistener.com
  • T1“National Basketball Association Referee Pleads Guilty to Participating in an Illegal Sports Betting Scheme Involving NBA Games”, press release, U.S. Attorney’s Office, Eastern District of New York, 15 Aug 2007. www.justice.gov
  • T1Memorandum and Order on restitution, United States v. Donaghy, No. 07-CR-587 (CBA), and United States v. Battista and Martino, No. 08-CR-86 (CBA), E.D.N.Y., 23 Jul 2008 (docket entry 51; 570 F. Supp. 2d 411). www.govinfo.gov
  • T1Transcript of oral argument before Judge Carol Bagley Amon, United States v. Donaghy and United States v. Battista and Martino, E.D.N.Y., 9 Jul 2008 (docket entry 45, filed 11 Jul 2008). storage.courtlistener.com
  • T1Docket, United States v. Donaghy, No. 1:07-cr-00587 (E.D.N.Y.), including entry 54: judgment ordered 29 Jul 2008 (RECAP copy on CourtListener). www.courtlistener.com
  • T1Letter from John F. Lauro (Donaghy’s lawyer) to Judge Carol Bagley Amon regarding sentencing, dated 12 May 2008, filed 19 May 2008 (docket entry 15). A record of the defence’s arguments, not of their truth.. storage.courtlistener.com
  • T1Letter from John F. Lauro (Donaghy’s lawyer) to Judge Carol Bagley Amon, “Supplemental 5K1.1 Letter”, 10 Jun 2008, filed on the docket of No. 07-CR-587. A record of Donaghy’s allegations, not of their truth.. www.courtlistener.com · copy read: thesmokinggun.com
  • T1Lawrence B. Pedowitz, Wachtell, Lipton, Rosen & Katz, “Report to the Board of Governors of the National Basketball Association”, 1 Oct 2008. Commissioned by the NBA, an interested party.. assets.espn.go.com
  • T2“Ex-NBA Ref: Officials Threw Playoff Game”, CBS News / Associated Press, 11 Jun 2008. www.cbsnews.com
  • T2Chris Sheridan, “2002 Lakers-Kings Game 6 at heart of Donaghy allegations”, ESPN.com (with information from the Associated Press), 10 Jun 2008. www.espn.com
  • T2“Retired NBA ref refutes Donaghy allegations from ’02 playoffs”, ESPN.com news services (with the Associated Press), 15 Jun 2008. www.espn.com
  • T2Tom Hays, Associated Press, “Donaghy gets 15-month sentence”, as published by The Spokesman-Review, 30 Jul 2008. www.spokesman.com
  • T2“Ex-NBA ref gets 15 months for betting”, CNN.com, 29 Jul 2008. www.cnn.com
  • T2Mike Pesca, “Former NBA Referee Sentenced”, All Things Considered, NPR, 29 Jul 2008 (transcript). www.npr.org
  • T2FOXNews.com report on Donaghy’s phone records and sealed court documents, published 14 Jul 2008. Cited here only for its quotation of the government’s May 2008 letter.. www.foxnews.com