The Volokh Conspiracy

Does the NBA Rig Games?

Yesterday defendant Tim Donaghy (and former NBA ref) submitted a letter to the federal judge who will sentence him shortly for various federal offenses involving match fixing. While one "bad apple" can exist among referees in any sport, Donaghy's letter makes some allegations that go to the very core of the integrity of the NBA.

For example, Donaghy alleges that certain referees were known as "company men" who always acted in the business interest of the NBA. Accordingly, these referees acted to extend a playoff series because that would be good for the NBA. Similarly, Donaghy stated:

league officials would tell referees that they should withhold calling technical fouls on certain star players because doing so hurt ticket sales and television ratings. . . [T]here were times when a referee supervisor would tell referees that NBA Executive X did not want them to call technical fouls on star players or remove them from the game. In January 2000, Referee D went against these insturctions and ejected a star player in the first quarter of the game. Refereee D later was reprimanded privately by the league for that ejection.

[i]n other instances . . . the manipulation was more subtle. If the NBA wanted a team to succeed, league officials would inform referees that opposing players were getting away with violations. Refreees then would call fouls on certain players, frequently resulting in victory for the opposing teams.

The full text of Donaghy's letter can be found here.

I am frequently skeptical of claims made by defendants to save their own skin shortly before sentencing. But here Donaghy through his attorney is describing what "cooperation" he provided to the FBI (under penalty of perjury) after his indictment.

As someone who lives in small market NBA town (Salt Lake City), I have always wondered whether the Utah Jazz are disfavored when they play a big market team (i.e., the L.A. Lakers). NBA basketball turns so heavily on foul calls, that even a slight emphasis for one team or another can easily make or break a team. In fact, I find it hard to watch NBA basketball any more, because its level of subjectivity approaches that of figuring skating (Was that a charge on Carlos Boozer? Or a blocking foul on Kobe? Do you like Sasha Cohen? Or Michele Kwan?)

One interesting thing about Donaghy's claim is that he lists several specific games in which the NBA favored one team or another. Will anyone go back and watch the videotapes of those games and see whether his claims seem true?

Mojo Pat Nixon (mail):
NBA games are about as fixed as TV game shows and "reality" shows.
6.11.2008 6:53pm
Nunzio:
The NBA finals between the Lakers and Celtics this year is a great example of the NBA's poor and uneven officiating.

Why this is a matter of concern to the federal government, I don't know. They seem to be the professional sports police. Waste of taxpayers money.
6.11.2008 7:04pm
common sense (www):
Several sports sites have at least compared the disparity in fouls. One game he referenced was game 6 in the Sac/LA series a few years back. The game was controversial at the time, and this assertion will only make it more so.
6.11.2008 7:05pm
J. Aldridge:
Jeff Van Gundy could be said to collaborate these allegations. It cost him $100,000 in fine by the NBA when he disclosed an NBA official had told him about the league's plan to closely monitor moving screens by Yao Ming.

That is a heavy fine for a comment that couldn't possibly be true?
6.11.2008 7:22pm
hattio1:
I have to agree with common sense. Donaghy provided just enough info that he knew the games he was talking about would be discovered quickly. A lot of people, hell damn near every NBA fan, believes there is a bias in favor of the star players, and when you see Kobe et al, throw up their hands and get a foul called on some role player, it's hard not to agree. Lots of people also believe there is a push for big market teams to win. I believe there was a phantom time out many years back that even the player later admitted he wasn't trying to call. OTOH, Donaghy could be smart enough to look back at controversial calls/games of years past and make his claims based on those. In short, this is going to hurt the NBA, and hopefully make it's calls a little fairer. Here's an interesting question; assuming it's true does this help in sentencing? Knowing the big wigs treat the game as something to be massaged for personal gain, does that mitigate his crime?
6.11.2008 7:22pm
James Fischer (mail):
I thought the Utah Jazz had the best home record in the NBA. How does that square with the suspicion of bias?
6.11.2008 7:35pm
hattio1:
James Fischer

Try Boston....and the regular season is not the finals.
6.11.2008 7:40pm
LM (mail):
What do you mean "Try Boston"?
6.11.2008 7:48pm
Smokey:
Fixing matches was what destroyed honest professional wrestling. Do we want a whole league of Washington Generals vs Harlem Globetrotters?
6.11.2008 7:55pm
mark thompson (mail):
I may be wrong here, but so far have seen nothing on this site today re. Alex Kozinski ... &think that is very odd; thought there would be a lot of discussion re. the current events (??)
6.11.2008 8:04pm
Realist Liberal:
As a Sacramento Kings fan, I can say with all the certainty of professional team fan that the referees did in fact favor the Lakers in Game 6 and we should have one.
6.11.2008 8:06pm
Alan Gura:
If big market teams are so favored, why haven't the New York Knicks made the playoffs in however many years?

Why does San Antonio have so many championships? How about those San Antonio-Cleveland ratings?

Why did the so-called "company men" refs allow the Lakers to get swept by Detroit in 1989? And that was after the Lakers swept the first three rounds, also not very good for ratings. Why did the "company men" allow a lopsided finals in 2004?

I remember that Sacramento-Lakers game 6 from '02 very well. It's hard to forget the whining from the Laker haters. And why couldn't cow-town close it out in game 7? Next thing you know, Donaghy will claim Paul Pierce hurt his knee in game 1 last week.... whatever.
6.11.2008 8:10pm
Bpbatista (mail):
Any one who has watched 5 minutes of NBA basketball knows that the officiating is a sorry joke. My own eyes and common sense tells me that NBA officiating cannot be on the level. Phantom fouls, make-up calls, super-star treatment, no travelling, etc. has been going on for years. WWE officiating is more honest and impartial. Indeed, I would be surprised if refs were NOT rigging NBA games. Whether it was a conspiracy initiated in the commissioners office, I don't know. But at the very least, the commissioner closed its eyes to obviously biased and unfair officiating for decades.
6.11.2008 8:20pm
SeaLawyer:
I stop watching the NBA years ago because of the officiating.
6.11.2008 8:39pm
Adam J:
Alan Gura- lemme guess... L.A. native?
6.11.2008 8:55pm
EH (mail):
Ever since they stopped calling traveling.
6.11.2008 8:55pm
autolykos:

If big market teams are so favored, why haven't the New York Knicks made the playoffs in however many years?


Because they have Isaiah Thomas.


Why does San Antonio have so many championships? How about those San Antonio-Cleveland ratings?


Because they have Tim Duncan.

Nobody's saying you don't need talent to win, but even the most casual fan of basketball knows the effect a thumb on the scale can have. It's not dispositive, but it helps.
6.11.2008 9:11pm
Edward Lee (www):
Never attribute to malice that which can be adequately explained by incompetence.
6.11.2008 9:13pm
DiverDan (mail):
Anyone who watched games 3, 4 and 5 of the Dallas-Miami series a few years ago knows that the NBA, whether intentionally or by inaction, affects the outcome of series. Dallas was up by double digits in the 3rd quarter of Game 3 in Miami, threatening to take a 3-0 Series lead and possibly a sweep of the Heat. Over the next several minutes, Dwayne Wade was the beneficiary of several really questionable calls, including at least 2 completely phantom foul calls on Devin Harris, the only Mavs Guard with the speed to match up with Wade, which put Harris in foul trouble. That stretch of several minutes changed the game and the series. Games 4 and 5 were replays - Dwayne Wade was allowed a completely free run, while any Dallas Guard who even attempted to play defense was quickly put into foul trouble (meanwhile, Miami's front court players were permitted to literally mug Nowitzki on the other end, with never a whistle to be heard). By Game 6, the Mavs had lost heart and barely put up a fight, but the damage was done and Miami was gifted a Larry Obrien Trophy. The NBA Refs in Games 3 and 4 and 5 of that series should have gotten a player's share of Miami's Playoff Bonus.
6.11.2008 9:22pm
Constantin:
Does Donaghy have any information on the Maryland-Duke Final Four game from 2001? Because I'd actually bet money that it was rigged.
6.11.2008 9:26pm
jccamp (mail):
"I am frequently skeptical of claims made by defendants to save their own skin shortly before sentencing. But here Donaghy through his attorney is describing what "cooperation" he provided to the FBI (under penalty of perjury) after his indictment."

I would only add this. Once Donaghy's legal troubles became public knowledge, his cooperation as described in the letter is practically useless. Assuming Donaghy was aware he was under investigation and had been interviewed by the FBI prior to his indictment, the time for his information to be of value from a law enforcement perspective would be before anyone else knew. Donaghy could have then been a position to make controlled calls or controlled &recorded conversations that could have corroborated his allegations.

Donaghy decided to tough it out, and see the government's case before deciding to cooperate. All that talk after the fact is hardly material assistance. Donaghy is trying to weasel out of his responsibilities by smearing others, but offering no evidence other than his own statements.

Once his indictment was announced, no one - especially anyone who thought Donaghy might know of criminal acts - would get within a mile of Donaghy. So I'd have to say that Donaghy's proffer could easily contain exaggerations or outright falsehoods, since any person with the same knowledge is going to deny it all. It would be very difficult to prove Donaghy is lying in his proffers.

As others have pointed out, calling fouls in an NBA game is a subjective thing. Without someone on the inside willing to testify, the allegation that referees and league officials conspired to change game outcomes or points spreads remain speculation.

I personally hope the sentencing judge disregards this supposed cooperation. There may very well be truth to Donaghy's allegations. But, by waiting, his actions have guaranteed that we will never know.
6.11.2008 9:39pm
taney71:
Well I am not sure on this but the NBA rigs drafts.
6.11.2008 9:45pm
Volokh Groupie:

If big market teams are so favored, why haven't the New York Knicks made the playoffs in however many years?



The 25 years the knicks have gone w/o a champ has been painful for many a fan like myself, but it isn't proof their might not be rigging. There's already substantial speculation that the Ewing lottery was rigged. After he was on the knicks though, they were a perennial contender beginning in the 90's right as the celtics/lakers rivalry was dying out. With Jordan there in a major market and the knicks making it to the playoffs just about every year until ewing's trade there was nothing about the knick that was necessarily less marketable than if they had won a championship. As for the current knicks, match fixing won't help a team that is so far over the cap that they don't even have the players to make some games close.


Why does San Antonio have so many championships? How about those San Antonio-Cleveland ratings?


Again, there's only so much you can influence a particular game or team. However, I think your heavily discounting a marketing advantage san antonio does have--they're dominated by great foreign players who essentially give the nba leverage into those markets (ginobli, parker, oberto, etc) Cleveland has the next great superstar in Lebron who is nationally marketable--a set of poor tv ratings is irrelevant is promoting his brand and the nba's along with it. If you go simply by a star strategy, the past group of championships have worked out very well to promote a new savior time and time again (wade, lebron, and now kobe).


Why did the so-called "company men" refs allow the Lakers to get swept by Detroit in 1989? And that was after the Lakers swept the first three rounds, also not very good for ratings. Why did the "company men" allow a lopsided finals in 2004?



Again, you're concentrating too much on a particular finals. You also have LA myopia. Detroit isn't a tiny market, and traditionally it has a lot of street cred. You're also missing what is the suggested scope of these accusations. Have you ever heard of a line or o/u? Many of the 'rigged games' don't even necessarily need to favor a particular team to win to be effective.


I remember that Sacramento-Lakers game 6 from '02 very well. It's hard to forget the whining from the Laker haters. And why couldn't cow-town close it out in game 7? Next thing you know, Donaghy will claim Paul Pierce hurt his knee in game 1 last week.... whatever.


It's good to see you retaining your credibility by call sac a 'cow town' and refusing to actually discuss the merits of the game in question. Ad homs are a great tactic of those bankrupt of a real argument. And I'm sure you didn't complain once during the call you saw in boston (I think both teams have gotten huge home town advantages). In any event, your post was mostly illogical, and certainly doesn't make any headway in defending the nba.
6.11.2008 9:48pm
JosephSlater (mail):
There are different possible levels here. Let's start with the fact that the NBA is the most difficult game to ref correctly -- it happens fast, it's not actually clear exactly what type of contact is allowed, etc. So there can be lots of mistakes and inconsistencies.

Also, though, it's pretty well known that some "superstars" get calls (are allowed to travel, the player guarding them will be called for minor fouls) that other players don't. See Jordan, M. and Wade, D. That's problematic, but not quite the same thing as "rigging" (although it gives an advantage to teams with a "superstar").

The next level would be individual officials that might try to influence a game because they are gambling. That's what Donnaghy did, and that's bad. But one could hope it's relatively isolated.

The next level would be refs understanding that some sorts of outcomes are better for "the business" than others, and subtly trying to push things in that direction. That would be quite bad, especially for fans of small-market teams and/or teams without big superstars.

The next level would be some sort of orders from on-high in the league to influence games. That would be really, really bad.

If there was ever a game where the fix seemed to be in, it would be game 6 of the LA-Kings series. I'm a Pistons fan and thus was relatively neutral in that, and I still remember thinking that the Kings were hosed in that game by the refs more than I've ever seen any team in any sport at any level get hosed by the refs.
6.11.2008 9:58pm
Alan Gura:
Let's see...

Getting an extra game or two in the western conf. finals between L.A. and Sacramento, that's a conspiracy to drive up TV ratings.

But what happened next, Agents Mulder and Scully? A 4-0 sweep in the finals. Wouldn't it have made the NBA a lot of money to get Jason Kidd and the Nets at least one extra game?

Yes, I did complain about some of the calls in Boston but no, I do not believe there is a grand conspiracy to make the NBA Finals last any longer than is necessary for the Lakers to beat Boston. And it would be ridiculous to suggest the refs call fouls to fine-tune an over-under point spread scheme.
6.11.2008 10:05pm
Anonymous Hoosier:
Count Indiana as another small market where fans have always known that the NBA is fixed... from the 1985 switch away from a coin flip for the #1 pick to a lottery (the #1 pick that year was plainly going to be Patrick Ewing, and either Golden State and Indiana would have had the pick -- in addition, many believe the lottery itself was fixed); to the absurd, game-deciding "intentional foul" called by "company man" and tax cheat Mike Mathis on Reggie Miller in Game 7 of the 1994 Eastern Conference Finals; to the "continuation" call by Jess Kersey to create Larry Johnson's 4-point miracle in Game 3 of the 1999 ECF; to David Stern's decision to end the Pacers' season by dishing out twice as much punishment to them as to Detroit after the infamous brawl -- notwithstanding that it was Detroit that failed to provide security and allowed its fans to attack Pacers players.

Donaghy may not have much credibility. But the league has less.
6.11.2008 10:08pm
Volokh Groupie:
How exactly is a fouls-o/u theory 'ridiculous'. It would have exactly that effect as it would give the opportunity of putting points on the board with the clock stopped. The same thing is true w/respect to lines and end of game fouling to regain possession when a teams down.

Keeping crucial players in foul trouble (without even necessarily fouling them out) or conversely looking past obvious fouls can also definitely effect the outcome of a game.
6.11.2008 10:12pm
Loophole1998 (mail):
@Hoosier - It was the Pacers players who were in the stands beating on the Pistons fans. You had a good argument until you went there. Until that event, what security force expected the players to attack the fans? Yes I know a cup was thrown. Happens all the time. This one just happened to hit a thug.
6.11.2008 10:27pm
EnlightenedDuck:
I watched that game 6 from a Sacramento suburb. Anybody that doesn't think the officiating was outrageous should never officiate. I drove down to LA the next day; a sports-radio program had somebody pontificating that it was badly officiated, in the Kings favor!

There existed refs (still exist? Haven't been in NorCal for too long to know) that consistently called games against the Kings; it seemed having one ref. on the floor, for instance, would be the equivalent of an extra 10 points for the other team. How close you call fouls makes a big difference, as a previous poster pointed out with Dallas/Miami. These things add up, and with closely matched teams, make a *huge* difference.

Oh, and who makes it to a series has a huge impact on the ratings. LA is a bigger market than Sacramento. More importantly, Kobe and the Lakers are far more recognizable to the rest of the country than the Kings. The Anaheim/San Francisco World Series a few years back got lousy ratings, iirc, since nobody outside of California seemed to care (Bonds being oh so popular outside the Bay Area).
6.11.2008 10:54pm
jccamp (mail):
"And it would be ridiculous to suggest the refs call fouls to fine-tune an over-under point spread scheme."

Historically, officials making calls (or players making plays) to influence the points spread is the most common abuse when referring to illegal gambling and sports. This is what every professional and college sports organization worries about. In the NBA, a floor official would only have to run the high scoring players off with high foul counts, or add and/or subtract to the spread by calling (penalty) fouls until the spread was where he wanted it.

Whether one suspects the player or the official, the only statistic that matters to most gamblers is the point spread, not the win/loss. And before someone points this out, yes, there is wagering on a series outcome in addition to individual games - but much less frequently.

I do not remember anyone else ever alleging that pro sports league officials asked referees to throw entire games, presumably to up the total gate and TV revenue. Donaghy is breaking new ground here.

There have always been allegations of preferential treatment of star athletes. Wayne Gretsky in his glory days springs to mind. Most people who watched him play at that time suspected he had a referee-induced force field protecting him from hard hits, because he was literally not just a franchise player, but an NHL-making player. It may change the nature and the outcome of specific contests, but I'm not sure it is correct to call it corrupt, at least not in the sense of players or ref's throwing or influencing games for the purpose of fixing wagers.
6.11.2008 11:17pm
juris_imprudent (mail):
I'd never thought about the 'conspiracy' part in this blog's name.

Now I have.
6.11.2008 11:26pm
Libertarian1 (mail):
The 25 years the knicks have gone w/o a champ has been painful for many a fan like myself, but it isn't proof their might not be rigging. There's already substantial speculation that the Ewing lottery was rigged. After he was on the knicks though, they were a perennial contender beginning in the 90's right as the celtics/lakers rivalry was dying out. With Jordan there in a major market and the knicks making it to the playoffs just about every year until ewing's trade there was nothing about the knick that was necessarily less marketable than if they had won a championship. As for the current knicks, match fixing won't help a team that is so far over the cap that they don't even have the players to make some games close.



Several years ago I was one of the team physicians for an NBA team (NOT the Knicks). I got the job because I was friends with one of the owners. One day during a conversation I mentioned the Knicks, the lottery and my suspicions.
I couldn't believe his reaction. This generally mild mannered man blew up and said if I ever said anything like that again our relationship and my job was over. Of course, that ended any comments I would ever make in the future but me thinks the lady...
6.12.2008 2:50am
anonthu:
I've got to agree with what Aldridge said above: Van Gundy was fined 100k for disclosing the very same allegations back in 2005 - which essentially corroborates Donaghy's story.

Van Gundy was actually asked about this at halftime on Tuesday night, and basically took the NBA line, with a slippery "I said what I believed to be true at that time" type of statement. Donaghy is slime, but I believe these allegations - the NBA is thoroughly corrupt all the way up to Stern.

And NBA officiating remains awful. Inconsistent, allowing football-type contact one play and ticky-tack calls the next, calling traveling if they feel a turnover is needed, overly subject to the game's momentum instead of calling plays as they stand on their own, special treatment for superstars, etc., etc.
6.12.2008 9:26am
John McG (mail) (www):
Isn't this what's called "pounding the table?"
6.12.2008 10:07am
dave h:
The NBA allowed a referee who had previously challenged Tim Duncan to a fight (and been suspended for his actions) to ref the Lakers-Spurs series. That's at least boneheaded, with no attempt to even appear fair, if not actually malicious. They have no credibility to fight these sorts of accusations.

Also, I've watched the video of the Ewing draft, and it sure looks fishy.
6.12.2008 11:31am
Anonymous Hoosier:
Loophole1998 - I should have been more clear -- I don't disagree that Artest and Jackson deserved
serious penalties (86 and 30 game suspensions, respectively) for their
involvement in the brawl in Detroit. But I believe Jermaine O'Neal's
25-game suspension after he was attacked on the court by a Pistons fan
was excessive. And the penalties given to the Pistons were
outrageously minimal: 6 games to Ben Wallace, who not only began
things by shoving Artest but instigated the cup-throwing by hurling a
piece of his clothing at Artest; 1 game each to a couple of other
players; and no penalty to the team beyond those individuals.

The effect was to deprive one of the two leading Eastern Conference
teams of the opportunity to be competitive that season, while leaving
the other team -- whose players and fans (several of which came out
onto the court) triggered the brawl -- essentially unscathed.
Naturally, it was the small-market team that paid the higher price.
6.12.2008 9:45pm