Attorneys for Miami Heat guard Terry Rozier filed a motion Tuesday asking a federal judge to dismiss wire fraud charges stemming from his alleged involvement in a sports betting scheme, arguing the government failed to clearly state his offense.
Jim Trusty, Rozier’s attorney and partner at Ifrah Law, argues the federal government is trying to enforce its view of integrity in sports wagering rather than prosecuting a legitimate crime.
“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.”
A spokesperson for the U.S. Attorney’s Office for the Eastern District of New York declined to comment. The government’s response is due by Feb. 2.
Rozier was arrested on Oct. 23 and charged with conspiracy to commit wire fraud and conspiracy to commit money laundering. He pleaded not guilty to both charges on Dec. 9 in federal court in Brooklyn.
If the wire fraud charge is dismissed, the money laundering charge would be moot for lack of a predicate crime.
Prosecutors allege Rozier told codefendant Deniro Laster he would leave a March 23, 2023, game in the first quarter due to injury for the purpose of enabling Laster to place wagers. Rozier, then with the Charlotte Hornets, was not listed on the pregame injury report.
He left the game against New Orleans after just over nine minutes and did not return. Laster allegedly sold the information to known bettors for approximately $100,000, according to the indictment.
Bettors placed more than $200,000 in bets on the under on Rozier’s statistics. Federal prosecutors allege Laster drove to Rozier’s house in Charlotte a week later and counted the money obtained from the bets.
“The indictment does not allege that Mr. Rozier ever placed a bet, whether himself or through a proxy, on any NBA game,” Trusty wrote. “Nor does it allege that he knew that Laster intended to sell this information to others, or that using it to place wagers would violate the Betting Companies’ rules.”
Last week, federal prosecutors raised concerns about a potential conflict of interest after revealing Rozier was paying Laster’s legal fees. Prosecutors suggested Rozier’s defense strategy at trial will be to inculpate Laster.
Laster submitted an affidavit stating he understood the issues and was waiving any potential conflict of interest.
Trusty cited a 2023 Supreme Court ruling on wire fraud requirements. Paul Tuchmann, a former U.S. assistant attorney, explained prosecutors must prove the alleged scheme’s purpose was to deprive victims of money or property.