Personal Foul. Tim Donaghy

       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