Ex-Ref's Allegations -- Why Now?

ESPN legal analyst Lester Munsons breaks-down the latest Donaghy accusations

ByABC News
June 11, 2008, 11:04 AM

June 11, 2008 -- Disgraced former NBA referee Tim Donaghy asserted in publicly filed court papers Tuesday that six other officials had manipulated the outcomes of four NBA games, including two playoff games. Although Donaghy and his attorney, John F. Lauro, offered detail to support their claims of misconduct by referees, team executives and NBA executives, they did not offer the identities of the teams or the individuals.

Donaghy's explosive charges came in response to a demand from the NBA that Donaghy pay $1 million to the league, which claims to be a victim of the referee's admitted crimes. The league's demand for $1 million in restitution and Donaghy's response raise a number of legal questions. Here are some of the questions and their answers:

Donaghy pleaded guilty to two felony charges last summer, admitting he was guilty of gambling violations and money laundering. Everything seemed to have settled down, with Donaghy cooperating with federal investigators and awaiting his sentence. What prompted these developments in the middle of the NBA Finals?

Donaghy's sentencing is scheduled for July 14. He faces a maximum of 25 years in prison for conspiracy to engage in wire fraud and transmitting betting information through interstate commerce. In the usual course of presentence investigations and procedures, the federal probation department asks the "victim" about the damage resulting from the crime. As a "victim" of Donaghy's crimes, the NBA claimed in a June 5 letter that it was entitled to $1 million in restitution from Donaghy. Restitution, or the reimbursement of the victim's losses, typically pays back a bank or a charity for money lost in an embezzlement or a theft. Donaghy obviously damaged the NBA and its reputation, but there is no indication he stole any money from the league. The NBA claimed that it was forced to spend the nice round sum of $1 million investigating Donaghy and the damage he caused, and the league wants its money back. Clearly enraged by the unexpected demand from the NBA for $1 million, Donaghy and Lauro retaliated with detailed accusations of manipulation by other referees. It is the worst nightmare for the NBA, which might now be reconsidering a withdrawal of its demand for restitution.