Donaghy pleads guilty to 2 felony charges.. Precedent?

[Emperor]

Donaghy pleads guilty to 2 felony charges (http://www.sportingnews.com/yourturn/viewtopic.php?t=256434)

"Donaghy faces a maximum of 25 years in prison when he is sentenced for conspiracy to engage in wire fraud and transmitting wagering information through interstate commerce."

Again with the conspiracy. Pre-Neteller how many bettors have been convicted of Conspiracy to commit wire fraud?

Were his lawyers really that confident that they couldn't mount a successful defense?

I know that 5th Circuit(?) has ruled Wire Act doesn't apply to non sports betting, but isn't this really scary for the millions of sports bettors around the country?

[adanthar]

Not unless they're also major sports refs who probably rigged games.

This is a high profile case with much more than just your average bet on sports, and the conspiracy charge is just the easiest thing to prove. There was no reason to bother with any other charge because this one is open and shut/they just want names and to dig as deep as possible.

And yes, when the feds bring a bulletproof indictment, it's best not to bother spending a ton of money you don't have (unless you rigged some games, heh) prior to going to jail anyway. What's he going to do, claim innocence?

[Emperor]

[ QUOTE ]
Not unless they're also major sports refs who probably rigged games.

This is a high profile case with much more than just your average bet on sports, and the conspiracy charge is just the easiest thing to prove. There was no reason to bother with any other charge because this one is open and shut/they just want names and to dig as deep as possible.

And yes, when the feds bring a bulletproof indictment, it's best not to bother spending a ton of money you don't have (unless you rigged some games, heh) prior to going to jail anyway. What's he going to do, claim innocence?

[/ QUOTE ]

He is guilty of betting on games he ref'd obviously. Is that against the law? Does it consitute conspiracy to commit wire fraud? Is conspiracy to commit wire fraud actually a legit crime?

If I get caught making sports bets, and the feds ask me to plead guilty to conspiracy. Damn straight I am going to be fighting it.

However, what probably happened here is:

1. This guy has no money
2. He's afraid of being convicted by an ignorant and angry jury if he fights.
3. The feds offered him a SWEET plea deal which included him ratting out any organized crime, and a monthly paycheck.

[Legislurker]

I think the problem for DOnaghy may stem from the fact he has no proof. You can't just say I bet with these guys and have it stand up in Court wihtout corroboration. They have some vague hearsay on a wiretap in a social club. Donaghy can't serve up a big mob fish. I doubt he has the goods to send his friends upriver. No tapes, no paper trail, just the hearsay of someone cooperating with the DoJ. Notice no sports bribery charge. I think it stops there. I doubt the Feds go after individual gamblers for the puny penalty and high expense. A jury trial for a $1k bet, appeals, and incarceration would run to 7 figures per case, easy.

[Coy_Roy]

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Donaghy can't serve up a big mob fish. I doubt he has the goods to send his friends upriver.

[/ QUOTE ]

......I'm not so sure about that.

Whether he can or can't, I predict Donaghy will "disappear" very very soon. Be it federal protection or "something else".

Just a strong feeling.

[adanthar]

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He is guilty of betting on games he ref'd obviously. Is that against the law?

[/ QUOTE ]

No, he's guilty of betting on games (I assume over the phone - clear wire fraud right here, obviously, but nobody would regularly care) and then, on top of that, probably guilty of rigging the games (oh [censored].)

[ QUOTE ]
Does it consitute conspiracy to commit wire fraud? Is conspiracy to commit wire fraud actually a legit crime?

[/ QUOTE ]

Yes and yes, but again, nobody would ever worry about it were it not for the fact that he likely rigged games and conspiracy to commit wire fraud is such a slam dunk, easy to bring charge. It's simply the first thing they charged him with, well aware that there will be no trial because no criminal defense attorney would ever be stupid enough to fight the case instead of telling his client to roll over. If Donaghy somehow wound up going to trial, there'd doubtless be a superseding indictment full of lovely phrases like "RICO" and "organized crime".

[ QUOTE ]
If I get caught making sports bets, and the feds ask me to plead guilty to conspiracy. Damn straight I am going to be fighting it.

[/ QUOTE ]

You'll almost certainly never need to worry about this unless you rig games or don't pay your taxes. However, I assure you that if the feds ever arrest you, you will take a plea like everybody else, because it's way better than the alternative.

(and yes, witness protection is surely in his future one way or the other)

[Skallagrim]

On thing I gotta point out (although adanthar has otherwise demonstrated a pretty good understanding of how modern federal criminal law works) is that the Wire Act cannot be used to prosecute someone who is ONLY a bettor.

This guy gave inside information to the bookies to help them fix the lines, thus he aided the bookmakers, and by virtue of the conspiracy count is just as guilty as them. The transferring information count is more of the same (and not double jeopardy with conspiracy). The guy will not be sentenced for making bets, even though that and the fixing aspect are what gets this guy in the media.

Skallagrim