Home US SportsNCAAB Temple Betting Probe Recalls Past Scandals, Could Bring Legal Fallout

Temple Betting Probe Recalls Past Scandals, Could Bring Legal Fallout

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ESPN reported Thursday that federal authorities are investigating former Temple University men’s basketball player Hysier Miller over allegations he manipulated and bet on his own games.

The investigation could lead to a wide range of legal outcomes, including, as detailed below, criminal charges, civil lawsuits and NCAA sanctions. While the Miller probe is sure to raise questions about the recent rise of legalized sports betting, there is a long history of college basketball gambling scandals in America.

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Miller, 22, led the Owls in points, minutes, assists and steals per game in 2023-24. The 6-foot-1 guard transferred to Virginia Tech earlier this year via the transfer portal. He intended to play his senior year for the Hokies but was dismissed before the season.

There is one game from the 2023-24 season that has drawn intense scrutiny, according to ESPN. U.S. Integrity, which monitors the betting market, flagged the March 7 matchup between Temple and UAB. The point spread showed an irregularly large move—six points—on the morning of the game. The movement occurred without a clear explanation, such as an injury to a star player.

Miller struggled that night, scoring just eight points (he averaged 15.9 points per game for the season) and shooting 3-of-9 from the field. He also struggled with his shot in the subsequent two games, making 6-of-18 shots and 3-of-14 shots, respectively, across those contests. He finished the season with a field goal percentage of 35.3% (29.4% on 3-point attempts).

To be clear, Miller has not been charged with a crime, let alone convicted of one. It remains to be seen if he’ll face charges or if the Justice Department has convened, or will convene, a grand jury to review the evidence.

Sportico contacted attorney Jason Bologna, who confirmed he is representing Miller but declined to comment Thursday. A former federal prosecutor who has tried over 80 jury trials, Bologna is a partner at Buchanan Ingersoll & Rooney in Philadelphia.

It’s only been six years since the U.S. Supreme Court held in Murphy v. NCAA that it was unconstitutional for Congress, through the Professional and Amateur Sports Betting Act of 1992, to compel states to deny sports betting. But gambling scandals involving college basketball players existed long before the courts allowed states to legalize sports wagers.

Rampant point-shaving and game-fixing centered around four New York City college teams, including 1950 NCAA champion City College of New York, led to criminal convictions for fixers and disgrace for players in the early 1950s. During the 1978-79 season, several Boston College basketball players were involved in a scheme where they were paid by gamblers to make sure the Eagles won by fewer than the point spread. Law enforcement learned about the scheme when a criminal defendant who was involved told the police in exchange for reduced charges in another case. The BC scandal led to a player and other co-conspirators charged under the Racketeer Influenced and Corrupt Organizations Act (RICO) and ultimately convicted of conspiracy to commit sports bribery and interstate travel with the intent to commit bribery.

About 20 years later, two ex-Northwestern basketball players were indicted for conspiracy to commit sports bribery for their role in a scheme to fix games during the 1994-95 season. Fast forward to 2011 and a couple of former University of San Diego basketball players were indicted in a multi-person bribery conspiracy to influence games.

More recently, gambling has become an issue in the professional ranks. In July, former Toronto Raptors forward Jontay Porter, whom the NBA banned for his role in a scheme where he bet against himself in games while feigning injury, pleaded guilty to conspiracy to commit wire fraud in New York. He is scheduled to be sentenced next month.

If law enforcement formally accuses Miller, the quality of the testimony and evidence will prove crucial. Whether an alleged co-conspirator has cut a deal and implicated Miller or whether there are texts, direct messages, voice mails, videos, receipts, witness statements and other materials that could point to guilt are unknown. Should charges be brought, they could include conspiracy to commit sports bribery, wire fraud conspiracy and Interstate travel or transportation in aid of racketeering enterprises. Miller would have the opportunity to challenge any charges, including purported evidence and testimony.

In addition to criminal law implications, a point-shaving scheme can trigger civil law claims. Bettors who wagered games played by Miller might argue they should get their money back while ticket holders to Temple games could accuse the school of fraud for failing to detect misdeeds.

While these types of claims would attract media notice, a court would likely regard them as frivolous. Betting companies do not have a legal duty to ensure that teams they take bets on are playing fair and square. Bettors also assume numerous risks in placing a wager, including the possibilities of player injuries and underperformance. Fans who attend games are only assured a ticket to watch a game from a particular seat—game tickets don’t guarantee that players are playing ethically. Not surprisingly, lawsuits involving disenchanted fans and gaming contestants have consistently come up short.

Lastly, the NCAA could get involved. The NCAA prohibits athletes and employees from betting “on any sport sponsored by the NCAA at any level, including college and/or professional.” Under president Charlie Baker’s leadership, the NCAA has also lobbied states to outlaw proposition betting—wagers on specific events in a game, such as a single free throw. In addition, the NCAA, whose enforcement staff includes a sports betting unit that specializes in betting cases, has recently expanded efforts to monitor games and educate players in the wake of legalized sports gambling. The NCAA declined to comment to Sportico on the Miller matter.

Meanwhile, in Congress, U.S. Rep. Paul Tonko (D-N.Y.) and U.S. Sen. Richard Blumenthal (D-Conn.) recently introduced the SAFE Bet Act, which would require states to secure the consent of the Justice Department to offer legalized sports betting. Should the Miller controversy have legs, expect it to be folded into ongoing public debates about gambling in sports.

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