In a case arising from the NBA gambling scandal involving former referee Tim Donaghy, judgment ordering defendant to pay restitution to the NBA under the Victim and Witness Protection Act is affirmed where: 1) the NBA was a victim of defendant's offense as it was directly and proximately harmed by defendant committing the crime of conspiracy to transmit wagering information; 2) the court acted within its discretion in determining that defendant has a reasonable potential for future income and that he should have sufficient resources to contribute to the payment of restitution to the NBA; and 3) attorneys' fees are recoverable as "other expenses" under the Act, and thus the court did not err in awarding the NBA attorneys' fees incurred as a result of the assistance it provided to the government in its investigation and prosecution of defendant's criminal offense.
Appeal from the United States District Court for the Eastern District of New York.
Argued May 13, 2009
Decided August 6, 2009
Before WALKER, WESLEY, WALLACE, Circuit Judges.
Opinion by WESLEY, Circuit Judge
For Appellant: JACK MCMAHON, Philadelphia, PA.
For Appellee: JEFFREY GOLDBERG, Assistant United States Attorney, Brooklyn, NY.