Personal Foul

123 Pages·2010·0.88 MB·English

by  Donaghy Tim

Table of Contents

Title Page
Dedication
Epigraph
Foreword
Introduction

CHAPTER 1 - Ba Ba and the Black Sheep
CHAPTER 2 - The Education of an NBA Referee
CHAPTER 3 - Down the Rabbit Hole
CHAPTER 4 - Men in Stripes
CHAPTER 5 - The Players’ League
CHAPTER 6 - How the Game Is Really Played
CHAPTER 7 - On the Take
CHAPTER 8 - The Beginning of the End
CHAPTER 9 - Welcome to the FBI
CHAPTER 10 - How I Picked the Games
CHAPTER 11 - “Swish”
CHAPTER 12 - Judgment Day
CHAPTER 13 - Life Behind Bars

AFTERWORD
Acknowledgements
Index
Copyright Page
To my four beautiful daughters:
Meghan, Shannon, Bridget, and Molly
What lies behind us
And what lies before us
Are tiny matters
Compared to what lies within us.
—Ralph Waldo Emerson
Foreword
“I can get to anyone you need, John. All I do is find their weakness and hook him.”
—Gambino family soldier to John Gotti, circa 1985

I worked with scores of cooperating witnesses throughout my FBI career, and
their transition from subject to cooperating witness was never routine. Their
motivations, expectations, and individual baggage were unique to the individual.
For many, their past lifestyles and trappings of power, wealth, and influence—
rooted in the superficial notion that material wealth and influence is all the
power one needs in life—were major obstacles in their deciding to turn their
backs on what had become false and destructive. The allure and pleasures of
their past continued to test their resolve.
The FBI, on the other hand, is guided by establishing an honest relationship
rooted in trust, obtaining the evidence, and corroborating the story. After vetting
and reexamining the details of their recollections, one point holds true: if there is
a verifiable inconsistency, all bets are off.
Every morning, those witnesses who succeed remind themselves of the eternal
meaning and purpose in their lives and work at restoring honor and excellence to
them. They recognize and internalize the value of virtue and integrity and feel
connected to the FBI and law enforcement. In most cases, the effects of an
honest transition yield peace of mind, honest relationships, and the awareness
that virtue is its own reward. Those who attempt to beguile the cooperation
agreement for the purpose of returning to their old patterns do not have a good
track record of remaining on the straight and narrow.
Once the government offers the witness a cooperation agreement, it places an
expectancy of trust on everything the witness relates concerning the case, their
lives, and their criminal history. From that point forward, being completely
candid and honest is the only game in town. At trial, it is not uncommon for
witnesses to testify, during direct and cross-examination, to being a liar, a cheat,
and a thief, because that, in many cases, is the life of a career criminal.
Tim Donaghy came from a very good family, was educated in private schools
with excellent academic credentials, and started his adult life on a solid
foundation. Unfortunately, he started making decisions that at first didn’t appear
to be all that wrong or serious, but over time, the subtle crossing of too many
ethical lines led him to the point where those lines no longer existed. His fast-
paced lifestyle—motivated by the desire for excitement, power, and monetary
wealth—melded his character from something honorable into a personality
identified by the characteristics of self-indulgence, pride, greed, deceit, and
gambling, to a point where he didn’t recognize himself.
When Tim came in for the first proffer, I could sense that he no longer wanted
to carry the burden of deception. There appeared to be true contrition, but even
with the catharsis of confession, facing and recounting all your sins takes time.
After all was said and done, Tim understood that cooperating with the
government meant being unconditionally truthful and that any lie would
immediately breach that agreement and significantly change the circumstances
considered by the prosecutors and the federal judge.
The fact that one has a cooperation agreement, however, doesn’t absolve or
make right the wrongdoings of the past. But it does mean that the individual has
agreed to be cooperative, forthcoming, and candid for the purpose of relating the
facts and circumstances of the case to a jury of his or her peers in a truthful,
reliable, and credible fashion. In working with Tim and other former FBI
cooperating witnesses, it was my hope and belief that as a result of confronting
their past from a new perspective and a continued relationship with law
enforcement they had a great start on the road to recovery and honest success.
Tim—after confessing his sins, taking full responsibility for his actions, paying
his debt to society, and finding the humility to completely display his past vices
for the purpose of resurrecting himself without excuses and blaming others—is
now able to stand tall again before his children, family, and all those who may
learn something from the lessons he learned and the chilling effects of
diminishing the integrity of the soul.
After almost 30 years in the Criminal Division of the FBI’s New York office,
it never failed to amaze me how the Bureau’s highly specialized team of agents,
support, and special-operation operatives revealed and solved significant and
sometimes heinous crimes that perpetrators thought were foolproof and beyond
scrutiny.
This case—that of former NBA referee Tim Donaghy and organized crime’s