Gatto, others in NCAA basketball scandal seek probation; they argue scheme was designed to help KU, other universities

photo by: Associated Press

From left, former Adidas executive James Gatto, former sports agent Christian Dawkins and former amateur basketball league director Merl Code arrive at federal court in New York in these photos from October 2018.

The three men who were convicted of fraud for their schemes in a college basketball recruiting scandal — which included the University of Kansas program — recently asked a judge to sentence them to probation rather than jail, according to documents filed in the U.S. District Court for the Southern District of New York.

In October, a jury found former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code all guilty of fraud.

The trial centered on whether the men’s admitted effort to channel secret payments to the families of top recruits, luring them to major basketball programs sponsored by Adidas, including KU, was criminal. At stake was a fortune in revenue for the basketball programs and potential endorsement deals for the players if they went pro, both the prosecutors and defense have contended.

Attorneys for the three men filed separate court documents on Tuesday that requested they receive probation sentences rather than jail time. In all three filings, attorneys for the men argued they deserve mercy and leniency from the court, noting they did not intend to harm the universities but help them.

“Indeed, the government has never been able to show that Mr. Gatto sought to inflict pecuniary harm upon the universities,” Gatto’s attorneys wrote in his filing. “To the contrary, helping the Universities recruit successful basketball teams — which even the government’s cooperating witnesses agree was the purpose of the alleged scheme — was understood by the scheme participants as one that could help the universities bring in tens of millions of dollars in annual revenue.”

The three men are scheduled to be sentenced on March 5, according to the filings.

During the trial, testimony focused on KU coach Bill Self’s relationship with government witness T.J. Gassnola. The former Adidas consultant testified that he paid the families of players to steer them to KU, including $90,000 to the mother of Billy Preston and $2,500 to the guardian of Silvio De Sousa. Gassnola testified that he never told Self about the payments. Gassnola is awaiting sentencing in a separate but related federal case.

The defense in the case argued that the coaches, including Self and KU assistant coach Kurtis Townsend, were aware of the payments to players. Despite the argument, the jury found all three men guilty of defrauding universities, including KU, by providing money to players’ families to steer them toward certain programs.

Additionally, because of Gassnola’s actions revealed in the trial, the NCAA announced earlier this month that De Sousa is ineligible to play for KU until the 2020-21 season. KU has said it is appealing that NCAA ruling.

— The Associated Press contributed to this report

Contact Dylan Lysen

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More coverage: KU and the college basketball scandal

Feb. 2, 2019 — NCAA’s De Sousa ruling raises new questions about whether KU coaches committed violations

Jan. 18, 2019 — KU claims it has $1.5 million in new Adidas money, but when asked to point to it on financial statements, it won’t

Dec. 14, 2018 — KU struggling to explain why it went into ‘stand-down’ mode in investigating basketball recruiting allegations

Dec. 5, 2018 — Report: NCAA won’t punish programs caught in Adidas fraud trial until after 2019 Final Four

Nov. 19, 2018 — New Adidas lawsuit emerges as KU reviews its options with apparel company; civil suit alleges KU coaches knew of payments

Nov. 16, 2018 — A month after KU coach caught on wiretapped phone call discussing recruit and money, chancellor has not talked to coach

Nov. 8, 2018 — Board of Regents member wants KU explanation on issues related to college basketball corruption case

Nov. 7, 2018 — Report: FBI gives NCAA clearance to begin investigating some basketball programs in corruption scandal

Nov. 1, 2018 — Wiretapped phone call of KU coach may become part of NCAA inquiry; AD confirms NCAA hasn’t started on De Sousa review

Oct. 30, 2018 — KU now refuses to share info with public on $1.5M in Adidas payments; last week it said lack of personnel was reason for delay

Oct. 24, 2018 — KU says it’s evaluating options on Adidas contract, doesn’t answer whether it will conduct independent investigation of recruiting practices

Oct. 24, 2018 — KU cites lack of personnel for delay in providing records related to unexplained $1.5M in Adidas payments

Oct. 19, 2018 — Devoted KU basketball fans stand by their team; psychologists not at all surprised

Oct. 18, 2018 — Chancellor won’t say whether he still has ‘complete confidence’ that KU follows recruiting rules

Oct. 17, 2018 — As college basketball corruption trial comes to a close, KU could be facing several NCAA code violations

Oct. 12, 2018 — As allegations mount, KU mum about Adidas ties and extra $1.5M it has received from the company

Oct. 3, 2018 — KU’s De Sousa could be ruled ineligible, NCAA rules experts say; chances of vacating Final Four appearance less clear

Oct. 1, 2018 — Girod, other KU leaders listed as potential witnesses in college basketball corruption trial

July 24, 2018 — KU releases federal subpoenas in college basketball investigation

July 11, 2018 — KU coach Bill Self, new AD Jeff Long discussed ongoing FBI investigation during interview process

July 10, 2018 — KU acknowledges having received federal subpoena in ongoing FBI investigation into college basketball

July 6, 2018 — Report: Feds seeking more information regarding KU forward Silvio De Sousa

April 27, 2018 — Reports: AAU director linked to NCAA bribery case, KU families pleads guilty

April 23, 2018 — KU didn’t produce written report of recent examination of athletic department; chancellor saw no need for external report

April 13, 2018 — Former prosecutor: KU not in clear yet, but one past case provides hope

April 13, 2018 — Chancellor sees no need for independent investigation of KU Athletics in wake of indictment

April 10, 2018 — Employee of apparel company illegally paid 2 KU basketball players’ guardians, federal indictment alleges

Feb. 23, 2018 — Kansas linked to college basketball scandal in Yahoo Sports report

Nov. 28, 2017 — Multimillion-dollar KU-Adidas deal remains unsigned as investigation into Adidas executive continues

Oct. 20, 2017 — KU provides more details of NCAA-mandated basketball review, enlists law firm to help

Oct. 17, 2017 — Analysis: Understanding the legal case building against the college basketball world

Oct. 16, 2017 — Zenger: KU will comply with NCAA requirement of all schools to review basketball program

Sept. 26, 2017 — NCAA basketball coaches, Adidas executive among 10 charged in bribe scheme

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