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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 involvement—was identified and solved as a result of a 30-year network of institutional knowledge, state and local law enforcement partnerships, and an intelligence framework. It was initiated by two of my predecessors—J. Bruce Mouw and George Gabriel—and the past and present Special Agents of the New York FBI’s “Gambino squad” (C-16).

I became involved in this case because at the time I headed the FBI’s Gambino squad. The squad normally would not investigate a gambling matter unless it had been determined that the proceeds were providing large sums of cash to organized crime families. That finding is what brought this case to light.

In telling his story, Tim Donaghy gives me much too much credit for solving this case; in truth this case was identified in part by the archival evidence gathered during 30 years of FBI organized crime investigations. Specifically, success was the result of collaboration by Paul Harris, a very focused and talented case agent; Frank Scalera, an enthusiastic and determined intelligence supervisor; and Tom Seigel, a motivated and experienced federal prosecutor.

Once identified, the case was given the full access and support of the entire FBI’s investigative and intelligence resources. Those resources provided the additional intelligence and prospects necessary to build a viable case. That meant eliminating the source of illicit funding to organized crime cabals and making interested parties more aware of the importance of integrity.

Success in this case also depended on the insightful cooperation and talented and wise leadership of the FBI’s New York office, namely: Mark Mershon, David Cardona, Kevin Hallinan, and David Shafer; FBI co-case agents Gerry Conrad, Beth Ambinder, Chris LaManna, and Rita Steiner; and the entire Gambino squad. Credit is also due to the United States Attorneys’ Office of the Eastern District of New York and the prosecutorial wisdom, relentless work ethic, and leadership of Thomas Seigel and Mitra Hormozi. Defense attorney John Lauro was an excellent advocate and a “Class A” gentleman. Finally, crucial to success in this case were retired FBI agent Warren Flagg, the defense’s ever enthusiastic P.I., and naturally, the early cooperation of Tim Donaghy.

The additional issues of employment-contract breaches by the NBA referees, alleged misconduct, manipulations, associations, and sport integrity were peripheral aspects of our investigation. We left those issues to others who wished to call attention to the culture of officiating. We concerned our investigation with aspects of illegal gambling and the directions of its revenue stream, as well as with organized crime factions targeting individuals with something to hide. Outside of the guilty pleas of Thomas Martino, James Battista, and Tim Donaghy, the professional gaming cabals and culture were put on notice of our awareness and the significant potential economic losses that had been prevented.

The far-reaching effects of the investigation and Tim Donaghy’s cooperation had placed significant concerns on the radar screen. Future law enforcement scrutiny, a vigilant press, and the voice of public opinion have had a positive effect on restoring the sport’s traditional American values to the game.

Phil Scala

Retired Supervisory Special Agent, FBI Squad C-16 (Gambino Family) (02/29/2008) Founder and CEO, Pathfinder Consultants International, LLC P.O. Box 7537, Garden City, NY 11530