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Thursday, August 13th, 2009 at 9:00 am  |  39 responses

In Donaghy Scandal, NBA a ‘Victim’

by Marcel Mutoni

That’s according to the 2nd U.S. Circuit Court of Appeals, which ruled in favor of the Association in their case versus James Battista, one of Tim Donaghy’s partners in crime (along with co-conspirator Thomas Martino.)

New York Law Journal explains the ruling:

James Battista, who conspired with referee Timothy Donaghy to get information on games for betting purposes, claimed he should not be liable for restitution because the league could not be considered a victim under the Victim and Witness Protection Act of 1982. But the 2nd Circuit said the NBA was “‘directly and proximately harmed’ by Battista committing the crime of conspiracy to transmit wagering information” and that restitution was properly imposed under the act in United States v. Battista, 08-3750-cr.

“Although Battista did not defraud the NBA directly, we conclude that the district court properly characterized the NBA as a ‘victim’ under the [Victim and Witness Protection Act] because the NBA was harmed by the conduct committed during the course of the conspiracy to transmit wagering information, e.g., Battista’s use of nonpublic information solely belonging to the NBA (conveyed to him by the co-conspirators) to place illegal wagers on its games,” Judge Richard C. Wesley said.

Basically, the original ruling that Battista and company pay more than $200K in damages to the NBA stands, regardless of the criminals’ financial situation. Though still hurting from the scandal, from a legal standpoint, the League now appears to be in the clear.

In the court of public opinion, however, NBA refs still have a very long way to go.

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  • K-MAn

    first

  • http://djsklfl.com Jukai

    Can he courts also force Battista to give the Suns their rightful championship trophies?

  • http://www.kb24.com The Seed

    Jukai, get over it they struggle with Kobe having Smush, Kwame, Odom and Walton in the starting lineup. If Nash could stay in front of his man long enough to slow him down and Amare realized he could jump on defense and D’toni realized that defense does help win and the Suns managment would have kept Joe Johnson and not traded for Shaq, but should have gave away Amare and Marion for Garnett yall would have probably made it to the Finals to lose. Alot of IF’s is what your Suns was and still is.

  • http://djsklfl.com Jukai

    My goodness, could you imagine if all the things that happened to the Suns happened to the LAKERS? The Seed, you’d still be crying to this day.

  • http://www.realcavsfans.com Anton

    Batista will show Rashard Lewis how the roid game is done.

  • http://www.manutd.com Z

    Jukai and the PHX revisionists strike again! I find it HILARIOUS that the Suns fans are CONVINCED that they would have beaten the Spurs for sure with Amar’e and Boris. Because (as everybody knows) historically, the Spurs never win against a healthy, complete PHX squad.

  • http://www.hibachi20.blogspot.com BETCATS

    Jukai, I agree I would be crying to this day, I apologize.

  • http://www.kb24.com The Seed

    The above statement is mine, Slam, yall need to get your technology upgraded, sorry Betcats it put your information in for mine. I do agree Jukai, I would be crying.

  • http://claydefayette@yahoo.com CDef28

    Jukai, I dislike Nash and his no-defense policy greatly, but they would have beaten the Spurs. I agree with you and they would have beaten the Cavs.

  • http://claydefayette@yahoo.com CDef28

    Wait nevermind, it wasn’t Cleveland. Wrong year.

  • http://www.kb24.com The Seed

    I think it was the Pistons and Suns were not beating them.

  • http://djsklfl.com Jukai

    CDef28: It was Cleveland, you were right. I remember that because after the Suns were out, I said “I don’t want a San Antonion v Pistons series… sigh… lemme root for the Cavs” and the Cavaliers won, which made me a big fan of them.
    Of course, the moment I start rooting for the Cavaliers, they get swept in the Finals and haven’t made it back sense. Man….

  • Yesse

    David Stern out of the league with his crooked refs, now!

  • http://claydefayette@yahoo.com CDef28

    O ok. The Suns would have beaten Cleveland. That was their year.

  • http://www.alllooksame.com Tarzan Cooper

    you suns fans crack me up. what happened in all those other games where amare and boris played? oh, you mean the spurs won the majority of those? hmmm. so it was a conspiracy for amare to come running out onto the court like he was going to do something? nash put a lot of extra floppage on that play anyways. horry set a pick and stevie acted like he got hit with a gauge, come on he plays futbol! he knows how to act. you want a conspiracy go look at la vs sacto in 02, many well documented hustles by the league/refs. that was some mindboggling bs right there. efff the no defense suns, and eff all you whiny suns fans who think you were wronged. you should be mad at amare.

  • Clipp Show 714

    LAKERS NBA “Champs” 2002*

    * = DONAGHY AND HIS CREW

  • http://djsklfl.com Jukai

    … comspiracy? The conspiracy was the dude working for the mob calling phantom calls all through game 3 of the Spurs v Suns game, dude, when he was told that the Spurs MUST win as close to nine points as possible. It was one of the worst officiated games of all f*cking time.
    Of course, Amare deserved to get suspended. HOWEVER, I want to know why Duncan didn’t get suspended for getting up to argue a call afterwards (the league brushed it off, saying his intent wasn’t there).
    Okay, that’s fine. How about RONDO not getting suspended for game 7 of the Boston v Hawks series FOR DOING THE EXACT SAME THING?
    THAT’S the conspiracy.
    I know the Suns were a flawed team, they’d be destroyed by the Lakers and Boston of today.
    But the Spurs were weak, and the eastern conference was weaker, and the Mavs had offed themselves in the worst way possible. Nash and Amare were beating the Spurs 5 on 2.
    It’s unfair they never got a proper chance to prove it.
    Also, what’s with your massively racist link, Tarzan?

  • Teddy-the-Bear

    I’ve noticed his link too, Jukai.

  • http://www.alllooksame.com Tarzan Cooper

    jukai, yea the league WANTS the spurs to win, not the high flying exciting, mvp havin suns. idk what youre talking about but someone “getting up” to argue a call is vastly different than amare running out onto the court. and have you forgotten about joey crawford? the refs hate timmy. he gets thrown out of games for just laughing on the bench. suns fans are delusional.

  • http://www.alllooksame.com Tarzan Cooper

    i have completely forgotten about my link. its not racist its educational. maybe you could actually read it , not just the link.

  • Teddy-the-Bear

    Right… No.

  • http://djsklfl.com Jukai

    Tarzan: The mob you idiot, the MOB wanted the Spurs to win. What do you not get about that?
    The conspiracy is David Stern realizing how unpopular his decision was, seeing the awful ratings of the Spurs v Cav series, and preventing it in other games.
    I’m not sure how I can explain this to you, I’m using as little syllables as possible!
    And that link is still insanely racist— it has a generic looking asian figure saying “WHICH AM I” as the logo.
    Don’t worry though, I’ll start a website about Jews with a picture of a tiny, old jewish man with a gigantic nose and a bucket of gold and it’ll be called “They’re all cheats and liars” but I’ll make it real educational.

  • http://www.manutd.com Z

    It’s still okay to make fun of Asians in North America it seems. That ish is blatant racism. If it were about Africans or Blacks in general, we’d have 1000 comments on it.

  • Clipp Show 714

    Where is this racist link jukai?

  • http://milehighfan.com Vicki’s Husband

    When all is said and done BB is just a game. Everyone from the ‘Top’ down is out to make as much $ as they can. On a good day only 1/2 the people in the stands hate the Ref’s guts. Did he? Didn’t he? Is there?… we’ll never know so we do this: (yes, that’s ‘him’)http://picasaweb.google.com/lh/photo/LYVnDInIQ2V71ljBkNM2xg?feat=directlink

  • CDef15

    Hey Tarzan, I am not a Suns fan and will never be. However, if you watched that series and actually thought the Spurs were better, you have problems. Their lack of athleticism should have caught up to them then, rather than against the Lakers in the conference finals two years ago.

  • http://slamonline.com J Dizzle

    Jukai, it’s not a racist website at all. It’s definitely a sensitive issue, but it’s by no means racist. I checked it out, and it’s run by an Asian guy. To call him racist because of it is unfair. Controversial, maybe. Racist? Not really.

  • http://slamonline.com J Dizzle

    If you would’ve actually checked it out, instead of judging from the picture and title you saw, you would’ve realized it on your own. Here is a link to the part of the page that might explain your confusion, Jukai. Don’t make assumptions if you’re going to accuse someone of racism.

    http://alllooksame.com/?page_id=16

  • http://slamonline.com Allenp

    Z
    You think we’d have 1000 comments? How long have you been coming here again?
    Anyway, I read the site. The premise is stupid and racist. Why would you encourage people take a test to prove if they can tell apart different Asian cultures? How does the inability of people to tell apart different Asian groups prove that the groups all look the same?
    What it really proves is that some people’s arrogance knows no bounds.

  • http://slamonline.com J Dizzle

    It shows that you are arrogant and ignorant Allen. You read only the main page. I got curious and checked out the whole site, it’s NOT racist. Get over it, read the link I posted.

  • http://slamonline.com J Dizzle

    http://alllooksame.com/?page_id=16

    Proof it is not racist you idiots.

  • http://slamonline.com J Dizzle

    http://alllooksame.com/?page_id=16

    There. If you would do a little searching you should see it’s not racist.

  • http://www.manutd.com Z

    J Dizzle: BS. It could be ran by a Martian and it wouldn’t make it less racist. The people that can’t tell Asians apart just don’t know many Asians. That issue can be easily resolved by getting to know Asians. Why the eff do you need a website for that? It’s stupid, pointless and reinforce a myth that shouldn’t exist in the 1st place. Asians are not difficult to tell apart.

  • http://hibachi20.blogspot.com Blinguo

    The webmaster/owner just calls it a joke and rambles on really esoteric without direct answers, not expanding on the joke part, venturing off into several different examples of his experiences which aren’t written to explain. Or is the joke on the people who inherently are racist and are quick to run to take that test? Just a controversial domain name to attract hits to his bland Asian culture opinion blog site. Just don’t bite, don’t click there.

  • http://www.alllooksame.com Tarzan Cooper

    cdef15, yea i thought the spurs were better because they were. it was a 6 game series right? so even if you dont count the game amare and boris didnt play in, the spurs were up 3-2. and how exactly is it the mobs fault amare ran out onto the court? please explain that one, id love to laugh at your explanation.

  • http://www.alllooksame.com Tarzan Cooper

    regarding the link in my name, first its funny, cuz that has been there for fn forever and no one has said a single word. second, its not all asians, just chinese, japanese, and korean, and it IS hard to tell them apart. and on the site, there are tests for architecture, food, etc. not just pics of people. now, most asians are easy for me to tell apart. i can pick a hmong out of a crowd of chinese easily, can you? do you even know what hmong is? probably not.

  • http://www.manutd.com Z

    (tarzan thinks that he’s the only dude that saw gran torino)

  • http://www.alllooksame.com Tarzan Cooper

    actually z, ive had some hmong friends for over a decade now.

  • JoeMaMa

    SPURS BABY!!!
    THAT’S HOW YOU DO IT!!! THAT’S HOW YOU WIN A CHAMPIONSHIP!!!!

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