Attorneys for Heat guard Terry Rozier are seeking a dismissal of federal charges against their client, ESPN’s David Purdum reports.
Rozier pleaded not guilty to two federal charges related to illegal sports betting in Brooklyn federal court earlier this month. Rozier, who was arraigned alongside friend and alleged co-conspirator Deniro Laster, was released on $3MM bond secured using his Florida home.
Rozier was placed on leave by the league after he was arrested on October 23 on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering.
His attorneys say the government overstepped when it accused his client of wire fraud. If the wire fraud charge were to be dismissed, the money laundering charge would be moot for lack of a predicate crime.
In a legal document made public Tuesday, Rozier’s attorney Jim Trusty argues that the federal government failed to clearly state Rozier’s offense in the indictment and is trying to “enforce its view of integrity in sports wagering.”
“The government has billed this case as involving ‘insider betting’ and ‘rigging’ professional basketball games,” Trusty wrote. “But the indictment alleges something less headline-worthy: that some bettors broke certain sportsbooks’ terms of use.”
In his motion to dismiss, Trusty cited a 2023 United States Supreme Court ruling on the requirements for a wire fraud charge. Paul Tuchmann, a former U.S. assistant attorney in the Eastern District of New York, said in a wire fraud case, prosecutors must prove that the purpose of the alleged scheme was to deprive the victim of money or property.
The government’s response is due by Feb. 2.