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NBA referees are cleared

Report: Only Donaghy guilty

Tim Donaghy began serving a 15-month sentence Sept. 23. Tim Donaghy began serving a 15-month sentence Sept. 23. (FILE/Louis lanzano/Associated Press)
By Marc J. Spears
Globe Staff / October 3, 2008
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After a 14-month investigation, Lawrence B. Pedowitz issued his report to the NBA regarding the league's anti-gambling rules, policies, and procedures on its officiating program.

NBA commissioner David Stern ordered the independent investigation last year after former referee Tim Donaghy was charged with betting on games he officiated and providing inside information to gambling associates. The review found no evidence of illegal activity by any referee other than Donaghy, but there were several recommendations for monitoring gambling and game integrity that Stern plans to implement.

"On the first day we met with the FBI, they told us that Donaghy was the only one they had illegal activity concern with," Stern said in a teleconference yesterday. "But they did say there were referees that were violating our rules, and that they had had that information, as well, from Tim Donaghy. I think the Pedowitz Report confirmed both points with an independent investigation."

The 116-page report included recommendations and other findings by Pedowitz and the law firm of Wachtell, Lipton, Rose & Katz. Recommendations included creating a "culture of compliance" among NBA and team employees, and the creation of a hotline for gambling information. The report recommended that the NBA end the perception of referee bias by increasing access to referees. There was a referee media day last week in Jersey City, N.J., and Stern said the referees would be more available to the media for interpretation on questionable calls.

"Our plan is when there are interpretations or the like that come into question, we will have our referees more accessible," Stern said.

The Pedowitz Report included two references to the Celtics and one from Stern regarding late Celtics patriarch Red Auerbach.

According to the report, on Dec. 12, 2006, in Philadelphia, James Battista agreed to pay Donaghy $2,000 for every correct NBA pick he gave co-conspirator Thomas Martino. The next day, Donaghy told Battista and Martino he thought the Celtics would beat the 76ers in Philadelphia. Donaghy refereed the game in which Boston beat the Allen Iverson-less 76ers, 101-81, the Sixers' ninth straight loss. That game was one of two contests the government said Donaghy provided to his co-conspirators during the 2006-07 season.

The report also referenced an excerpt in former NBA referee Earl Strom's autobiography in which he recalled drinking and singing Christmas carols with fellow Hall of Fame referee Mendy Rudolph and Celtics stars Bob Cousy, Frank Ramsey, Jim Loscutoff, and Tom Heinsohn while staying at the same hotel. Stern also said, "Red used to tell me that you knew if this particular crew came in that you would be able to play the game more. It wouldn't be quite a certain way."

Donaghy began serving a 15-month sentence Sept. 23 after pleading guilty to conspiracy to engage in wire fraud and transmitting betting information through interstate commerce. Stern has asked Pedowitz to report on the referee program on an annual basis.

Pedowitz said 200 NBA employees, including all referees, were interviewed for the report. The referees were interviewed twice. Donaghy, who accused other referees of fixing games, declined to be interviewed. Pedowitz said there was no evidence that phone calls between referee Scott Foster and Donaghy were attributable to criminal activity.

"We found no support for Donaghy's allegations that referees had manipulated specific games," Pedowitz said during a media teleconference. "We've also discovered no evidence that the league has ever put a thumb on the scales and asked referees to call games to favor particular teams or players. We have found, in fact, that the league sends an unequivocal message to referees that they should be accurate and consistent."

The report suggests mandatory gambling education for players. "We believe that gambling can expose the players and the league to significant risks, and therefore it is important that players be educated regarding those risks."

Pedowitz said it's well known players gamble in card games while traveling on private planes.

"Throughout the years we have a number of different meetings. A gambling meeting wouldn't hurt," Celtics guard Ray Allen told the Associated Press at training camp in Newport, R.I. "I think it's just as important to educate the guys to make sure they don't give money away that you've worked hard for and you want to continue to work hard for.

"The education would definitely help."

Pedowitz applauded the NBA for recently hiring former Army Major General Ronald L. Johnson over the summer as senior vice president of referee operations.

"The man is capable of managing the NBA referees and doing a good job," Pedowitz said.

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