Two involved in NBA betting scandal back in court

[clevfan]

Two involved in NBA betting scandal back in court

By Anthony DeStefano | Newsday Staff Writer
7:07 PM EDT, July 23, 2008

Two Pennsylvania gamblers involved in the NBA betting scandal will be rolling the dice one more time today when they learn if a stay in prison is in their futures.

James Battista and Thomas Martino are scheduled to appear in Brooklyn federal court where a judge will decide if they go to prison for being part of a wagering scheme that also brought down ex-referee Timothy Donaghy.

Under federal sentencing guidelines Battista faces a possible sentence of ten to 16 months while Martino could get 12 to 18 months from Judge Carol B. Amon. Under federal law Amon can give them lesser or greater sentences than the guidelines.

Yesterday Amon ruled that Martino. Battista and Donaghy were jointly liable for $149,448 in restitution to the NBA. She also said that Battista and Martino jointly share a $13,650 in restitution, adding that each had separate liabilities for a few thousand dollars more.

Prosecutors said Battista and Martino got betting recommendations from Donaghy in 2006 and 2007. Donaghy was paid for any correct picks that led to good bets, said investigators.

Donaghy is scheduled to be sentenced next Tuesday and faces a possible sentence of up to 33 months.

[clevfan]

Judge rules on restitution owed to NBA by Donaghy, co-conspirators

By WILLIAM BENDER
Philadelphia Daily News
Thu, Jul. 24, 2008


A New York judge yesterday ruled that the NBA is entitled to a total of $217,267 in restitution from Tim Donaghy and two suburban Philadelphia co-conspirators, while rejecting the league's argument that the ex-referee alone owed them more than six times that amount.

U.S. District Judge Carol Amon will set a payment schedule today for James "Baba'' Battista and Thomas Martino at their sentencing in Brooklyn, N.Y., federal court on interstate gambling and wire-fraud charges, respectively.

Battista, 43, a professional gambler from Phoenixville, and Martino, 42, of Boothwyn, have admitted to paying Donaghy, then an NBA referee, for correct basketball "picks'' he made by phone between December 2006 and March 2007, using the names of Martino's brothers as code words.

Donaghy, 41, who pleaded guilty in August to both the gambling and wire-fraud charges, is scheduled to be sentenced on Tuesday.

Amon said in a court order yesterday that the three Cardinal O'Hara grads are collectively responsible for paying the NBA $149,448.69 in restitution, which takes into account Donaghy's earnings during the 2006-2007 season, the league's legal fees and money it spent reviewing game film.

The judge also ruled that Donaghy alone must pay another $46,018.25 in restitution, while Battista and Martino are collectively or individually responsible for another $21,800.

Amon rejected the NBA's earlier argument that it was entitled to nearly $1.4 million in restitution, including $504,719 Donaghy was paid for games that he officiated and bet on between 2003 and 2006 and the cost of an internal investigation that included interviews of all 57 league referees.

While the veteran referee began betting on basketball games in 2003 with a Delaware County insurance agent, Amon said the NBA could not recoup his earnings for the 2003-2004, '04-05 and '05-06 seasons because that gambling activity was not included in the federal charges.

The judge said Donaghy is not responsible for money the NBA spent interviewing referees as part of its internal investigation because those costs did not stem from the federal probe or prosecution of his crimes.

Battista, who is facing 10 to 16 months in prison, and Martino, who faces 12 to 18 months, are to appear before Amon today at 9:30 a.m.

Donaghy's crimes carry a combined 33-month jail term under federal sentencing guidelines, but he could receive a lighter sentence because of the early and extensive cooperation he provided to the FBI and prosecutors.

Attorneys for all three men have asked the judge to limit their clients' sentences to probation.