The Bet That Did Not Pay Off

Tim Donaghy was released from jail on Wednesday, after having served 13 months of his 15-month sentence for conspiring to engage in wire fraud and  transmitting betting information through interstate commerce.  Essentially, he was part of the largest betting scandal in the history of the NBA.  The allegation was that he received money to ensure certain results.  In at least a couple of instances, the NBA believes the final score may have been decided by this referee, not the players.

Mr. Donaghy was released from federal prison in June and transferred to a halfway house.  In theory, he was supposed to go to work and then come back to the halfway house.  He did not go to work as required and was consequently sentenced to additional time in the county jail.

I would like to explain the federal sentencing system and halfway houses because, well, they are confusing.  Essentially, there is amazing latitude and discretion given to almost every major player in the course of dealing with a particular inmate.  Now there are several reasons for this-- one is that the definition and scope of federal crimes are fundamentally different than state crimes.  That, along with the need to rehabilitate this extremely broad section of individuals, illustrates the need for great latitude and flexibility.  However, the cynic in me says another reason for this is that anything the federal government touches turns into a mess.  Further, I might even say having a system that permits abuse and corruption by over-broadening the roles of all involved is a prerequisite for federal regulations and laws.

Federal sentencing guidelines do not have a specific sentence for crimes; rather, everything is in terms of ranges.  Even when there is a specific sentence, the time actually served is always less than the total imposed--at least for criminals who are essentially non-violent and will therefore have to be assimilated back into society.  So, the typical criminal sentence is a period of time, or a range of potential time; and the last portion of that, typically the last 15% or so, is to be served at a halfway house. A halfway house is a mostly locked-down facility in which the inmates have a set bedtime, very specific rules, and a federally-mandated job.  While in the halfway house, the convicts are still technically inmates in federal custody.  Further, they have to obey all the orders of the halfway house; and they have to go to work.  If they behave themselves, they get more and more privileges, including eventually the possibility of weekend privileges and more freedom.  Essentially, as one of the judges I used to work for liked to say, "you have the keys to the jailhouse."

However if you do not obey the rules, as you are still a federal inmate, you can be sentenced to serve the rest of the time that you would have done at the halfway house, or in some cases, just for not obeying orders, you can be charged with an additional crime.  The Federal System, for non-violent offenders, typically has no one serve their entire sentence.  That much is obvious to the casual observer both in this case, and the case of Michael Vick.

So now that we have some background, what happened with Mr. Donaghy?  Well, it seems that the gambling that got him into trouble was not the only gambling he was to be doing.  He, as a halfway house prisoner, was to report to work every day.  He decided to not to that, apparently he thought he would see if they missed him.  So as a consequence of that instead of getting more and more privileges, he got to spend the last few months of his incarceration in the overly enjoyable confines of the county jail.  Now I can see why he decided to test the system and see if they would miss him.  I mean it's not like he was the only person arrested in a very high profile gambling ring, or that the prisoners as well as half of ESPN was following every move he made, or that he was told in excruciating detail about the need to follow directions by the judge, his attorney, the officials in the prison, and when he entered the half way house (for God's sake even Paris Hilton can follow jail rules!).

I don't think Tim Donaghy is the worst individual I have ever heard of, but I think he may very well be one of the dumbest.  I understand that gambling is an addiction, and one that he suffers with.  I understand that the ways in which he got into this are not simple, and that once embroiled in the middle of this thunderstorm, it became difficult, if not impossible for him to extricate himself.  However, once he decided, with the advice of his attorneys to plead guilty, he had to understand the best way to get through this was to play by the rules, and move on with his life.

However, Tim Donaghy chose not to do that.  At first, I was sorry for him, I thought that he had a problem, an addiction.  I am very understanding of that because almost all of my clients have addiction to one thing or the other.  Further, addictions are difficult, there is no easy switch to push, even after you decide to find a new path in life.  But gambling with your professional life is one thing, having been sent to prison is another thing, but choosing not to follow the clear rules, when the application of the consequences of those rules are so certain, seems, well beyond reckless.

Tim Donaghy has taken to betting on everything. He bet on the basketball games he was supposed to referee for, he bet on his livelihood, his freedom, and then he bet that he could skirt the rules of the federal prison system.  Betting is desirable because the opportunity for a quick payoff, a high risk for a great reward.  I certainly recognize his risk, I just wonder what his reward was.

As always,

Keep sports on your mind, and the law on your side.

The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com