Wiretaps captured by federal investigators to build their case against several defendants in a college basketball pay-to-play scheme can be admitted as evidence at trial, a federal judge ruled Wednesday.
Lawyers for James Gatto and his co-defendants argued the wiretaps were granted on phone lines that were outside the judge’s jurisdiction.
United States District Judge Lewis Kaplan disagreed.
“Circuit law, as it currently stands, precludes this argument because a ''judge may enter an ex parte order ... authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting," Kaplan wrote, adding, “an "interception," within the meaning of Section 2518(3 ), "is considered to occur at the place where the redirected contents are first heard" as well as where the tapped telephone is located… the communications at issue here were first heard in the Southern District of New York.”
Kaplan also wrote the order explaining his Feb. 15 decision to dismiss the defendant's motion to dismiss the indictments in the case.
iTeam Investigator Derrick Rose can be reached at (502) 582-7232 and email@example.com. Follow him on Twitter: @WHAS11DRose.