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Bet No One Expected This

By Ed Jennett


Apparently the offensive genius of Wayne Gretzky is contagious. Although Phoenix Coyotes Assistant Coach Rich Tocchet has yet to be arraigned, and Janet Jones Gretzky has yet to be charged with anything, both have taken the offensive against the state of New Jersey and may sue for $50 million each. In two separate notices, attorneys for the pair named the New Jersey Department of Law and the New Jersey State Police for allegedly leaking information to the media regarding conversations that had been recorded. Notices often are precursors to a lawsuit. The notices were filed earlier this month in the state capitol of Trenton, New Jersey.

Both Tocchet and Jones Gretzky contend that their reputations were damaged by state officials. In February authorities in New Jersey announced charges against Tocchet, a state trooper in New Jersey (James J. Harney), and another New Jersey man (James A. Ulmer), alleging that they ran a nationwide sports gambling ring. It is also alleged that Jones Gretzky placed large bets through Tocchet. While Jones Gretzky has not been charged with a crime, it is expected that she will be subpoenaed to testify in front of a grand jury. Jones Gretzky is married to Gretzky and Tocchet worked as an assistant under Gretzky, who is the Head Coach of the Phoenix Coyotes, before taking a leave of absence in February. Tocchet, who is a former National Hockey League player, is also friends with Gretzky. Through a spokesperson, Jones Gretzky has stated that Gretzky has never placed a wager with Tocchet. However Jones Gretzky has not addressed whether she has ever made a wager with Tocchet.

According to the New Jersey State Police, the wagers exceeded $1.7 million during a five-week investigation period before the Super Bowl. Most of the bets were placed on professional football.

In his notice, Tocchet specifies that he will seek $50 million due to the damage the leaks have done to his reputation, his current salary loss, the loss of the chance for future employment as a head coach in the NHL, and the loss of future endorsement opportunities. The notice of Tocchet cites 10 news stories where some of the contents of recorded conversations were reported publicly.

In the notice of Jones Gretzky, it is stated that she has lost business opportunities and has also suffered significant damage to her reputation. It has been claimed by sources that Jones Gretzky bet $75,000 on the Super Bowl and $500,000 in total wagers.

According to their attorneys, Tocchet and Jones Gretzky have two years to file their lawsuits. The attorneys added that their clients may also eventually choose not to sue.

There is a popular theory in the hockey community that the reason for the leaks is that law enforcement officials were trying to draw attention away from the fact that a state trooper (Harney) is the other main defendant in the case.

Back on March 15, New Jersey State Attorney General Zulima Farber said in an interview with the Associated Press that authorities would convene a grand jury to hear evidence regarding the case within months. When contacted by the Associated Press about the notices, the office of the New Jersey State Attorney General did not respond to questions regarding when a grand jury will be called.

The NHL hired an independent investigator in order to conduct its own investigation of the alleged gambling syndicate operated by Tocchet. Although the investigation is still ongoing, the initial focus was not on the gambling habits of NHL players, but rather on what connection players may have had to the Tocchet scandal. According to the results of the initial investigation, the Tocchet scandal only extends to a group of friends and associates that are close with the former player.

So far, the independent investigation has yet to discover any one associated with the league that bet on NHL games. Because the NHLPA was aware of the investigations, representatives of the union were on hand for the interviews. Nearly four dozen NHL players and team officials have been interviewed in the independent investigation so far.

Supposedly the union is not concerned that the scandal involves any players betting on hockey games. The union is also supposedly not concerned that the gambling problem is widespread. The independent investigation of the NHL has also resulted in information leaking that the amounts of money that were bet on football games were actually much lower than initially reported.

The investigators of the NHL have not yet interviewed the six to 12 individuals that are closest to the criminal investigation. While the NHL is not legally prohibited from interviewing the group, the league is waiting to be granted permission from New Jersey prosecutors in order to maintain a good working relationship between the law enforcement involved with the case and the NHL. New Jersey officials have not yet granted permission to the investigators of the league. The interviews of the NHL focused on players and team officials who are not considered part of the core group and are one or two steps removed from the core group. They are part of the investigation because it is believed they might have had a relationship with Tocchet or others who were believed to be wagering with Tocchet.

Currently the league policy on gambling prohibits gambling on any NHL game, but does not prohibit gambling on other sports. However there is a general morality clause that prohibits players from conduct that is detrimental to the best interests of their teams. Both NHLPA executive director Ted Saskin and NHL deputy commissioner Bill Daly have said that there are not any current plans to change the policy. It is possible however that the policy could be changed depending on the results of the Tocchet criminal trial.

NHL commissioner Gary Bettman has forbidden Tocchet from having contact with any league personnel. Gretzky has not been implicated in the investigation. The Phoenix Coyotes are apparently satisfied that he will not be, as Gretzky has agreed to a five-year contract to remain as head coach, putting an end to speculation that has lingered since the end of the regular season that he would not coach the club again next year. Gretzky is also a minority owner of the Phoenix Coyotes.

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