1 00:00:02,759 --> 00:00:07,000 Speaker 1: This is Bloomberg Law with June Grossel from Bloomberg Radio. 2 00:00:08,760 --> 00:00:11,959 Speaker 2: A lot of work goes into legal research and writing, 3 00:00:12,400 --> 00:00:15,880 Speaker 2: so using AI seems like a way to replicate some 4 00:00:15,920 --> 00:00:19,640 Speaker 2: of the very time consuming tasks, such as researching court 5 00:00:19,720 --> 00:00:23,360 Speaker 2: cases and citing them in legal briefs. And the legal 6 00:00:23,400 --> 00:00:25,880 Speaker 2: profession has seen a rise in the use of AI 7 00:00:26,040 --> 00:00:31,160 Speaker 2: in recent years. With lawyers facing increasing scrutiny and sometimes 8 00:00:31,240 --> 00:00:36,040 Speaker 2: finds from judges for the alleged misuse of AI as 9 00:00:36,080 --> 00:00:40,360 Speaker 2: fake case citations and other errors show up in legal filings, 10 00:00:41,080 --> 00:00:44,680 Speaker 2: you may ask how can lawyers fail to vet the 11 00:00:44,760 --> 00:00:49,839 Speaker 2: output of AI generated legal documents? And now another question, 12 00:00:50,400 --> 00:00:55,400 Speaker 2: how can judges fail to vet AI generated orders before 13 00:00:55,440 --> 00:00:58,520 Speaker 2: they go out from their chambers. In a response to 14 00:00:58,560 --> 00:01:03,800 Speaker 2: an inquiry from Senate Judiciary Chair Chuck Grassley, two federal judges, 15 00:01:04,000 --> 00:01:07,080 Speaker 2: one in New Jersey and the other in Mississippi, have 16 00:01:07,200 --> 00:01:11,600 Speaker 2: admitted that members of their staff used artificial intelligence to 17 00:01:11,680 --> 00:01:16,440 Speaker 2: help prepare orders that Grassy said were ever ridden. Joining 18 00:01:16,520 --> 00:01:19,800 Speaker 2: me is former federal judge Paul Grimm. He's the director 19 00:01:19,840 --> 00:01:23,600 Speaker 2: of the Bolt Judicial Institute at Duke Law School. Are 20 00:01:23,760 --> 00:01:28,440 Speaker 2: clerks and interns are they using AI? And doing research 21 00:01:28,560 --> 00:01:31,560 Speaker 2: and drafting opinions. Is that sort of the norm. 22 00:01:31,920 --> 00:01:34,040 Speaker 1: Yeah, I think right now the genies out of the 23 00:01:34,080 --> 00:01:36,840 Speaker 1: bottle on that Two or three years ago, the law 24 00:01:36,880 --> 00:01:40,360 Speaker 1: schools were really struggling with whether or not students should use, 25 00:01:40,480 --> 00:01:44,360 Speaker 1: be able to use artificial intelligence in their class work, 26 00:01:44,600 --> 00:01:48,520 Speaker 1: particularly during exams. And I think that probably the needles 27 00:01:48,520 --> 00:01:50,760 Speaker 1: moved to the point where the law schools recognize that 28 00:01:51,000 --> 00:01:54,880 Speaker 1: this demographic, these young people, they're using this in all 29 00:01:54,960 --> 00:01:58,480 Speaker 1: their aspects of their lives, and to try to expect 30 00:01:58,560 --> 00:02:01,360 Speaker 1: them not to use it in the practice of law, 31 00:02:01,960 --> 00:02:07,000 Speaker 1: especially when law firms have invested heavily in the use 32 00:02:07,000 --> 00:02:11,880 Speaker 1: of generative AI in their own business and practices, is 33 00:02:11,919 --> 00:02:14,480 Speaker 1: a futile thing. And so I think what the law 34 00:02:14,480 --> 00:02:18,240 Speaker 1: schools are trying to do now are teach the students 35 00:02:18,280 --> 00:02:21,840 Speaker 1: the proper use of it and are trying to teach them, 36 00:02:22,120 --> 00:02:24,320 Speaker 1: you know, the dues and don'ts of how it should 37 00:02:24,360 --> 00:02:27,480 Speaker 1: be used. And I think that as for the intern, 38 00:02:27,600 --> 00:02:29,600 Speaker 1: I think it was in the District of New Jersey 39 00:02:30,000 --> 00:02:33,800 Speaker 1: that use of AI was inconsistent with the judge's own 40 00:02:34,000 --> 00:02:37,040 Speaker 1: internal policy and chambers and also inconsistent with what the 41 00:02:37,120 --> 00:02:40,640 Speaker 1: law school policy was for use of this, So I 42 00:02:40,680 --> 00:02:43,440 Speaker 1: think that while there's no way of knowing whether it's 43 00:02:43,520 --> 00:02:46,600 Speaker 1: most students coming out of law school now, I think 44 00:02:46,680 --> 00:02:50,440 Speaker 1: probably it is the overwhelming majority are using this and 45 00:02:50,560 --> 00:02:54,040 Speaker 1: probably are at schools where they're being taught the proper 46 00:02:54,080 --> 00:02:57,720 Speaker 1: way to use it. And it's clear that, you know, 47 00:02:57,880 --> 00:03:01,880 Speaker 1: it's been over a year that the American Bar Association 48 00:03:02,280 --> 00:03:08,200 Speaker 1: it's Ethics Committee released formal ethics opinion five one two, 49 00:03:08,480 --> 00:03:12,440 Speaker 1: five twelve that deals with the ethical issues associated with 50 00:03:12,520 --> 00:03:15,160 Speaker 1: the use of artificial intelligence in the practice of law. 51 00:03:15,600 --> 00:03:17,799 Speaker 1: So that's over a year old, and the fact that 52 00:03:18,280 --> 00:03:20,560 Speaker 1: the ethics people are already starting to tell people how 53 00:03:20,600 --> 00:03:23,919 Speaker 1: you use it ethically is pretty clear indication that it's 54 00:03:23,960 --> 00:03:27,040 Speaker 1: being used broadly in law schools. And I think that 55 00:03:27,080 --> 00:03:29,679 Speaker 1: the students realize that they're going to be expected to 56 00:03:30,280 --> 00:03:33,320 Speaker 1: have this skill because the law firms are expecting it, 57 00:03:33,400 --> 00:03:35,920 Speaker 1: and that's how they're going to survive and thrive in 58 00:03:35,960 --> 00:03:38,800 Speaker 1: the law school environment. So I think that probably the 59 00:03:38,840 --> 00:03:42,080 Speaker 1: answer is, yes, they're using it, and that will only increase. 60 00:03:42,760 --> 00:03:46,560 Speaker 2: In the New Jersey case, the use of AI resulted 61 00:03:46,600 --> 00:03:51,320 Speaker 2: in a temporary restraining order that referred to parties allegations 62 00:03:51,360 --> 00:03:55,320 Speaker 2: and quotes unconnected to the case. So even if you 63 00:03:55,840 --> 00:03:59,760 Speaker 2: proofread the restraining order, wouldn't you see that there were 64 00:03:59,840 --> 00:04:01,119 Speaker 2: all these problems? 65 00:04:01,880 --> 00:04:04,520 Speaker 1: Yeah, in both of those cases, both the Southern District 66 00:04:04,520 --> 00:04:07,360 Speaker 1: of Mississippi and also the Digitut of New Jersey. I 67 00:04:07,400 --> 00:04:09,720 Speaker 1: think that in retrospect, it looks like if there had 68 00:04:09,760 --> 00:04:14,480 Speaker 1: been rigorous proofreading by the law clerks led by the 69 00:04:14,480 --> 00:04:17,400 Speaker 1: court the judge themselves, that this should have been caught. 70 00:04:17,720 --> 00:04:21,360 Speaker 1: And indeed, the Administrative Office of the US Court has 71 00:04:21,400 --> 00:04:25,320 Speaker 1: a task force which is dealing with the use of 72 00:04:25,360 --> 00:04:28,719 Speaker 1: AI by judges and chambers. That should be a national 73 00:04:28,760 --> 00:04:31,400 Speaker 1: policy across the United States in all of this SCT courts, 74 00:04:31,600 --> 00:04:34,160 Speaker 1: and that was issued on July thirty first of twenty 75 00:04:34,240 --> 00:04:38,840 Speaker 1: twenty five. And in his response to Senator Grassley's letter 76 00:04:38,960 --> 00:04:42,440 Speaker 1: asking for comments from the Federal Administraty Office of the 77 00:04:42,480 --> 00:04:45,520 Speaker 1: US Course about any policies dealing with the use of 78 00:04:45,560 --> 00:04:48,440 Speaker 1: the generals of AI and chambers, Judge Conrad, who is 79 00:04:48,480 --> 00:04:51,520 Speaker 1: the director of the AO, made reference to that. So 80 00:04:51,640 --> 00:04:54,479 Speaker 1: there's even interim guidance, and I think that one of 81 00:04:54,520 --> 00:04:57,200 Speaker 1: the things that is pretty clear from that guidance is 82 00:04:57,240 --> 00:05:02,160 Speaker 1: that the judges are responsible with in their chambers to 83 00:05:02,200 --> 00:05:05,560 Speaker 1: make sure that AI is not used for any core 84 00:05:05,680 --> 00:05:10,000 Speaker 1: judicial functions such as decision making or adjudication, and strongly 85 00:05:10,120 --> 00:05:15,160 Speaker 1: recommends independent verification before any generative AI is used for 86 00:05:15,200 --> 00:05:18,520 Speaker 1: any purpose. There are a number of purposes for which 87 00:05:18,520 --> 00:05:22,120 Speaker 1: it probably safely can be used, and there's guidance on that. 88 00:05:22,360 --> 00:05:25,120 Speaker 1: The National Center for State Courts, which is a terrific 89 00:05:25,240 --> 00:05:28,600 Speaker 1: organization that focuses on the state courts, and of course 90 00:05:28,600 --> 00:05:31,120 Speaker 1: they are far more state court judges than there are 91 00:05:31,160 --> 00:05:35,120 Speaker 1: federal judges, issued a seventeen page document on August seventh 92 00:05:35,200 --> 00:05:39,640 Speaker 1: of twenty twenty four titled Artificial Intelligence Guidance for the 93 00:05:39,760 --> 00:05:43,800 Speaker 1: Use of AI and Generative AI in the Courts, And 94 00:05:44,040 --> 00:05:49,240 Speaker 1: again it goes through extensive definitions of what AI is, 95 00:05:49,320 --> 00:05:52,160 Speaker 1: what kind of software applications, There are the ones that 96 00:05:52,200 --> 00:05:55,560 Speaker 1: are problematic, the ones that are more useful, how chambers 97 00:05:55,560 --> 00:06:00,200 Speaker 1: should operate. And similarly, this year, the Sedona Conference, which 98 00:06:00,240 --> 00:06:02,599 Speaker 1: is a think tank that has been around for many 99 00:06:02,720 --> 00:06:05,800 Speaker 1: years and is very influential in dealing with cutting edge 100 00:06:05,800 --> 00:06:08,919 Speaker 1: technology issues as they apply in the law, issued a 101 00:06:08,960 --> 00:06:13,240 Speaker 1: monograph in their journal called Navigating AI in the Judiciary 102 00:06:13,279 --> 00:06:16,719 Speaker 1: that was co authored by three statehourt judges and two 103 00:06:16,760 --> 00:06:20,800 Speaker 1: federal judges and a professor from Waterloo University that gives 104 00:06:21,080 --> 00:06:24,000 Speaker 1: an eight pages some really good guidance to judges as 105 00:06:24,000 --> 00:06:27,040 Speaker 1: to how they should and shouldn't use it. So I 106 00:06:27,080 --> 00:06:29,679 Speaker 1: think the key takeaway here is, you know, the genies 107 00:06:29,720 --> 00:06:32,040 Speaker 1: have a bottle. The stuff is being used. There's a 108 00:06:32,240 --> 00:06:34,760 Speaker 1: growing guidance in terms of how it can properly be 109 00:06:34,839 --> 00:06:37,599 Speaker 1: used and how it should probably not be used. And 110 00:06:37,839 --> 00:06:42,440 Speaker 1: just like courts initially were sanctioning and cautioning lawyers who 111 00:06:42,880 --> 00:06:46,360 Speaker 1: didn't use it correctly when they were citing JENAI created 112 00:06:46,560 --> 00:06:50,400 Speaker 1: content without checking it, I think the judges themselves are 113 00:06:50,600 --> 00:06:53,440 Speaker 1: learning that lesson that they're responsible crediting comes out of 114 00:06:53,440 --> 00:06:56,240 Speaker 1: their chambers and they have to manage interns in law 115 00:06:56,320 --> 00:06:59,760 Speaker 1: works and make sure that their procedures are complied with. 116 00:07:00,360 --> 00:07:03,960 Speaker 2: Coming up next, I'll continue this conversation with Judge Grimm. 117 00:07:04,360 --> 00:07:07,479 Speaker 2: So how much do judges actually vet the work of 118 00:07:07,560 --> 00:07:13,520 Speaker 2: their clerks? You're listening to Bloomberg. Two federal judges have 119 00:07:13,600 --> 00:07:17,840 Speaker 2: blamed faulty rulings on the use of artificial intelligence tools 120 00:07:17,880 --> 00:07:21,680 Speaker 2: by staff members at raises questions about how much they 121 00:07:21,760 --> 00:07:26,880 Speaker 2: scrutinize documents issued under their names. Federal judge Julian Neils 122 00:07:26,880 --> 00:07:30,760 Speaker 2: in New Jersey and Henry Wingate in Mississippi admitted to 123 00:07:30,800 --> 00:07:34,840 Speaker 2: the ai foibles in letters to the Administrative Office of 124 00:07:34,840 --> 00:07:38,760 Speaker 2: the US Courts. The answers were sent in response to 125 00:07:38,880 --> 00:07:44,040 Speaker 2: questions by Senate Judiciary Committee Chair Chuck Grassley. I've been 126 00:07:44,040 --> 00:07:47,480 Speaker 2: talking to former federal judge Paul Grimm, director of the 127 00:07:47,520 --> 00:07:52,560 Speaker 2: Bolt Judicial Institute at Duke Law School. So you have interns, 128 00:07:52,640 --> 00:07:55,640 Speaker 2: you have clerks. Does it depend on the judge how 129 00:07:55,720 --> 00:07:58,760 Speaker 2: much a judge puts into let's say, an opinion. Do 130 00:07:58,920 --> 00:08:00,880 Speaker 2: most judges at least read them over. 131 00:08:01,240 --> 00:08:03,600 Speaker 1: Yeah, it's a great question, and the answer is it 132 00:08:03,800 --> 00:08:07,200 Speaker 1: varies greatly with the chambers. I think as a bottom line, 133 00:08:07,320 --> 00:08:09,920 Speaker 1: I don't think it's a federal judge on the court. Now, 134 00:08:10,040 --> 00:08:13,640 Speaker 1: where it's take court judge who's hearing cases, they wouldn't 135 00:08:13,680 --> 00:08:17,200 Speaker 1: say that they read everything that goes out of their 136 00:08:17,240 --> 00:08:19,760 Speaker 1: chambers with their name on it. I mean, unless it's 137 00:08:19,760 --> 00:08:22,640 Speaker 1: a scheduling order, it's automatic. You know that says you know, 138 00:08:22,880 --> 00:08:25,880 Speaker 1: counselor will by such and such a date provide me 139 00:08:26,040 --> 00:08:28,640 Speaker 1: with the following information and we'll have a scheduling call, 140 00:08:28,720 --> 00:08:31,600 Speaker 1: but certainly no order coming out of a judges chamber 141 00:08:31,640 --> 00:08:34,319 Speaker 1: that deals with a substantive ruling on a case or 142 00:08:34,360 --> 00:08:37,400 Speaker 1: an evidentrary motion, you know, something that's going to decide 143 00:08:37,400 --> 00:08:40,000 Speaker 1: the merits. I don't think any judge would say that 144 00:08:40,080 --> 00:08:43,440 Speaker 1: it's appropriate or a judge to issue in order that 145 00:08:43,600 --> 00:08:45,839 Speaker 1: deals with the resolution of a substantive issue in a 146 00:08:45,880 --> 00:08:49,720 Speaker 1: case without having read it and verifying to the satisfaction 147 00:08:49,760 --> 00:08:53,640 Speaker 1: of that judge that it's legitimate. Now, some judges have 148 00:08:53,679 --> 00:08:56,120 Speaker 1: different ways of doing it. What I would do is, 149 00:08:56,360 --> 00:08:58,640 Speaker 1: once I had the initial conversation with them and they 150 00:08:58,679 --> 00:09:01,280 Speaker 1: sent me a draft, I would ask them to attach 151 00:09:01,360 --> 00:09:04,600 Speaker 1: to the draft a PDF copy of the cases that 152 00:09:04,640 --> 00:09:08,640 Speaker 1: they cited as this positive. Now, as you're aware, lots 153 00:09:08,679 --> 00:09:10,440 Speaker 1: of times there are cases that are just sort of 154 00:09:10,520 --> 00:09:14,920 Speaker 1: like a string site in five cases, and there's one 155 00:09:14,920 --> 00:09:17,400 Speaker 1: at a recent Court of Appeals, the Supreme Court case 156 00:09:17,440 --> 00:09:19,600 Speaker 1: that had the ruling and you're going to rely on it, 157 00:09:20,080 --> 00:09:22,120 Speaker 1: I would have them attached a PDF copy of that 158 00:09:22,240 --> 00:09:26,480 Speaker 1: and highlight for me in yellow highlighting the language that 159 00:09:26,640 --> 00:09:29,160 Speaker 1: they were relying on for what they said, and so 160 00:09:29,200 --> 00:09:31,800 Speaker 1: I can independently check it. That way. By giving it 161 00:09:31,840 --> 00:09:33,560 Speaker 1: to me that way, it's sped it up for me. 162 00:09:33,600 --> 00:09:36,319 Speaker 1: I didn't have to go on West Law or Nexus 163 00:09:36,360 --> 00:09:39,840 Speaker 1: and input it all and read it a lot of times. 164 00:09:39,880 --> 00:09:41,600 Speaker 1: You know, there's a lot of part of the case, 165 00:09:41,640 --> 00:09:45,400 Speaker 1: the initial part talking about the jurisdiction or the standard review. 166 00:09:45,440 --> 00:09:47,400 Speaker 1: That's really not important to what the ruling is. But 167 00:09:47,480 --> 00:09:49,480 Speaker 1: you want to look at the discussion on one particular 168 00:09:49,520 --> 00:09:52,120 Speaker 1: point of law. And by having the actual case and 169 00:09:52,160 --> 00:09:55,720 Speaker 1: having the highlighted section, I then had at my fingertips 170 00:09:55,800 --> 00:09:57,840 Speaker 1: what I needed to go through. Look at the opinion, 171 00:09:58,240 --> 00:10:01,120 Speaker 1: look at the authority, decide whether I thought, you know, 172 00:10:01,520 --> 00:10:04,120 Speaker 1: it was adequate for what was necessary, look at the 173 00:10:04,160 --> 00:10:07,960 Speaker 1: parties briefing again, and verify that before it went out. 174 00:10:08,280 --> 00:10:12,040 Speaker 1: But to your question, to you know, the caseloads of 175 00:10:12,080 --> 00:10:15,760 Speaker 1: an average federal judge probably runs between a low of 176 00:10:16,360 --> 00:10:19,280 Speaker 1: two hundred to three hundred cases to a high of 177 00:10:19,360 --> 00:10:22,719 Speaker 1: a thousand cases. And it depends upon what kind of 178 00:10:22,760 --> 00:10:24,959 Speaker 1: an order it is and how busy the court is. 179 00:10:25,160 --> 00:10:27,960 Speaker 1: And you know, no matter how hard the judges working 180 00:10:28,080 --> 00:10:30,400 Speaker 1: or what kind of safe cards they have in their chambers, 181 00:10:30,760 --> 00:10:33,920 Speaker 1: it's possible for things to slip through the cracks and 182 00:10:33,960 --> 00:10:36,520 Speaker 1: when it deals with new technology that people are perhaps 183 00:10:36,520 --> 00:10:39,000 Speaker 1: not as familiar with. There's going to be a learning 184 00:10:39,120 --> 00:10:42,120 Speaker 1: curve at the start, but I think the I think 185 00:10:42,160 --> 00:10:44,400 Speaker 1: the cast out of the bag now that the learning 186 00:10:44,400 --> 00:10:46,640 Speaker 1: curve time is over and you need to start using it, 187 00:10:46,720 --> 00:10:48,520 Speaker 1: you've got guidance that tells you how to do it. 188 00:10:49,040 --> 00:10:54,880 Speaker 1: I am quite sure. I'm quite sure that Judge Robin Rosenberg, 189 00:10:54,960 --> 00:10:57,839 Speaker 1: who is the director of the Federal Judicial Center, which 190 00:10:57,920 --> 00:11:01,400 Speaker 1: is the legal education arm for the Federal judiciary, she's 191 00:11:01,400 --> 00:11:04,360 Speaker 1: a fantastic judge. And I am quite sure that the 192 00:11:04,400 --> 00:11:08,200 Speaker 1: Baby Judge schools, the judge training programs that they have 193 00:11:08,400 --> 00:11:13,400 Speaker 1: every year for new judges and for judges, magestate judges, 194 00:11:13,440 --> 00:11:17,440 Speaker 1: bankruptcy judges, district judges, and circuit judges. I am sure 195 00:11:17,520 --> 00:11:19,920 Speaker 1: that there will be a segment on the proper use 196 00:11:19,920 --> 00:11:22,319 Speaker 1: of AI there because Judge Rosenberg will want to make 197 00:11:22,360 --> 00:11:25,640 Speaker 1: sure that the judges have the most recent guidance and 198 00:11:26,720 --> 00:11:29,559 Speaker 1: are aware of the pros and the pitch balls. 199 00:11:29,880 --> 00:11:32,840 Speaker 2: Let's say, have both sides using AI. Do you think 200 00:11:32,880 --> 00:11:37,240 Speaker 2: that this will lead to less innovative legal theories or 201 00:11:37,400 --> 00:11:41,760 Speaker 2: legal thinking because they're both using you know, whatever is 202 00:11:41,800 --> 00:11:42,280 Speaker 2: on AI. 203 00:11:43,160 --> 00:11:46,800 Speaker 1: That is a worry. There's a worry among law professors 204 00:11:47,080 --> 00:11:50,000 Speaker 1: that if students are taught to use AI, that their 205 00:11:50,040 --> 00:11:54,640 Speaker 1: own sort of creative approach to a subject will actucy 206 00:11:54,760 --> 00:11:57,920 Speaker 1: the critical reasoning skills. And I suppose if the lawyers 207 00:11:57,920 --> 00:12:00,480 Speaker 1: are doing that as well, there's always a risk that 208 00:12:00,800 --> 00:12:04,240 Speaker 1: it applies to them as well. What they submit, even 209 00:12:04,240 --> 00:12:06,040 Speaker 1: if they verify it and they get rid of the 210 00:12:06,080 --> 00:12:09,160 Speaker 1: whucinations and they submit the stuff which is real that 211 00:12:09,240 --> 00:12:13,920 Speaker 1: they got there through a curated analysis that was done 212 00:12:14,000 --> 00:12:18,400 Speaker 1: for them by AI. There's some law and technology people 213 00:12:19,360 --> 00:12:23,600 Speaker 1: computer scientists who have raised the specter of a problem 214 00:12:23,600 --> 00:12:27,520 Speaker 1: that can occur when you've got these large language model 215 00:12:29,040 --> 00:12:32,839 Speaker 1: programs like generative AI, is that you know, one of 216 00:12:32,920 --> 00:12:35,680 Speaker 1: the things that you worry about with AI is biased, 217 00:12:35,840 --> 00:12:38,000 Speaker 1: and it could be intentional bias, or it can be 218 00:12:38,440 --> 00:12:42,679 Speaker 1: inadvertent bias. But when you use a generative AI tool 219 00:12:42,720 --> 00:12:45,200 Speaker 1: and you put sort of a narrative inquiry, you know, 220 00:12:45,240 --> 00:12:48,959 Speaker 1: what are the key defenses to an any trust case 221 00:12:49,000 --> 00:12:52,840 Speaker 1: to the legs the following things in the second circuit 222 00:12:52,880 --> 00:12:55,600 Speaker 1: of the United States courts. And you ask a question 223 00:12:55,720 --> 00:12:57,600 Speaker 1: like that and it comes out and gives you a list, 224 00:12:58,400 --> 00:13:01,040 Speaker 1: and you follow up with a series of follow on questions, 225 00:13:01,040 --> 00:13:05,360 Speaker 1: which is sort of a natural progression that the algorithm 226 00:13:05,760 --> 00:13:10,360 Speaker 1: senses what you're interested in, senses what you're looking to do, 227 00:13:10,880 --> 00:13:14,200 Speaker 1: and starts to provide you with answers, even if they're 228 00:13:14,200 --> 00:13:17,480 Speaker 1: based upon legitimate legal sources, consistent with what it into 229 00:13:17,600 --> 00:13:22,880 Speaker 1: its your desired outcome is. And that's a real problem 230 00:13:23,080 --> 00:13:26,920 Speaker 1: because you know, I'm a dinosaur. When I started doing 231 00:13:27,000 --> 00:13:30,880 Speaker 1: legal research, you know, we had digests. There were no computers. 232 00:13:30,880 --> 00:13:33,520 Speaker 1: You would go to like contracts and you'd look through 233 00:13:33,520 --> 00:13:37,320 Speaker 1: this digest. It was like an old fashionist cyclopedia and 234 00:13:37,360 --> 00:13:39,559 Speaker 1: you'd be looking, you know, and you say, it's this 235 00:13:39,640 --> 00:13:41,280 Speaker 1: close to the problem I have. And then you would 236 00:13:41,280 --> 00:13:42,880 Speaker 1: go to a real book and you'd open it up, 237 00:13:42,880 --> 00:13:45,400 Speaker 1: you read the case, and then when you got a case, 238 00:13:45,440 --> 00:13:48,000 Speaker 1: you had a whole series of processes to make sure 239 00:13:48,040 --> 00:13:52,400 Speaker 1: the case was had not been overruled or modified, called shepherdization. 240 00:13:53,640 --> 00:13:57,040 Speaker 1: And what you did was in reading and kind of 241 00:13:57,040 --> 00:14:00,720 Speaker 1: going triangulating to all these different things. You might say, well, 242 00:14:00,720 --> 00:14:03,439 Speaker 1: you know, I thought it was contract, but it's really warranty, 243 00:14:03,480 --> 00:14:06,280 Speaker 1: which is sort of a sub issue of contract, but 244 00:14:06,320 --> 00:14:08,400 Speaker 1: it has its own set of rules, and you kind 245 00:14:08,440 --> 00:14:12,840 Speaker 1: of would learn through this trial and error that this 246 00:14:13,040 --> 00:14:16,640 Speaker 1: intuitive approach to what the answer was, and sometimes it 247 00:14:16,679 --> 00:14:19,480 Speaker 1: would be from a different field that you had initially 248 00:14:19,480 --> 00:14:22,680 Speaker 1: thought it might be from you miss all that when 249 00:14:22,720 --> 00:14:25,320 Speaker 1: you don't have that kind of give and take thinking 250 00:14:25,320 --> 00:14:27,520 Speaker 1: about it, I can remember sitting in the law library 251 00:14:27,960 --> 00:14:32,160 Speaker 1: with like fifty books open, you know, all surrounding me, 252 00:14:32,720 --> 00:14:35,160 Speaker 1: you know, looking at something to try and figure out 253 00:14:34,880 --> 00:14:38,440 Speaker 1: what my particular case really needed to have to be 254 00:14:38,480 --> 00:14:41,880 Speaker 1: the solution for the position that I was taking. And 255 00:14:41,960 --> 00:14:45,360 Speaker 1: I think there's worry that you lose that now. Some 256 00:14:45,400 --> 00:14:48,680 Speaker 1: people would tell you, though, June, that if the parties, 257 00:14:48,760 --> 00:14:51,200 Speaker 1: one thing you can do one accepted use of AI, 258 00:14:52,000 --> 00:14:55,680 Speaker 1: if it's done properly, is you can feed into the 259 00:14:55,840 --> 00:15:01,000 Speaker 1: artificial intelligence generator of AI search program the briefs of 260 00:15:01,040 --> 00:15:05,520 Speaker 1: the party and ask the particular tool if any of 261 00:15:05,560 --> 00:15:09,440 Speaker 1: the cases cited by the parties our host nations are 262 00:15:09,440 --> 00:15:12,960 Speaker 1: not proper And you can also say did they miss 263 00:15:13,080 --> 00:15:17,680 Speaker 1: any controlling cases in this jurisdiction that deal with this 264 00:15:17,760 --> 00:15:21,560 Speaker 1: subject matter? And so it may be possible that AI 265 00:15:21,720 --> 00:15:24,240 Speaker 1: will allow the judge to sort of check to see 266 00:15:24,280 --> 00:15:28,600 Speaker 1: whether or not the lawyer's joint use of it has 267 00:15:28,640 --> 00:15:31,520 Speaker 1: been siloed to where they missed some authority that the 268 00:15:31,600 --> 00:15:35,360 Speaker 1: judge really thinks needs to be reflected upon. But I 269 00:15:35,400 --> 00:15:39,280 Speaker 1: think that right now, people who talk about the appropriate 270 00:15:39,360 --> 00:15:44,280 Speaker 1: use of AI worry that that sort of initial creative 271 00:15:44,280 --> 00:15:48,320 Speaker 1: and analytical process, the thought process that law schools have 272 00:15:48,560 --> 00:15:53,240 Speaker 1: championed for decades as to critical thinking skills that lawyers 273 00:15:53,240 --> 00:15:56,200 Speaker 1: have to have, that they may become a sort of 274 00:15:56,280 --> 00:16:00,760 Speaker 1: atrophy and a little bit less well used if people 275 00:16:00,800 --> 00:16:03,840 Speaker 1: rely upon AI too much to the exclusion of the 276 00:16:03,880 --> 00:16:08,120 Speaker 1: old skills that are that are learned. Now. We heard 277 00:16:08,160 --> 00:16:11,040 Speaker 1: some of those same kind of problems about the use 278 00:16:11,080 --> 00:16:15,480 Speaker 1: of computers back in the day. I remember lawyers saying that, well, 279 00:16:15,520 --> 00:16:17,840 Speaker 1: you could never use computers in litigation. You could use 280 00:16:17,880 --> 00:16:20,960 Speaker 1: it in wills and the states because you're using basically 281 00:16:21,040 --> 00:16:23,160 Speaker 1: forms the same forms over again, but you'll never use 282 00:16:23,200 --> 00:16:26,720 Speaker 1: it in litigation. I think that people would split their 283 00:16:26,760 --> 00:16:30,760 Speaker 1: size open laughing at that notion today, because computers are 284 00:16:30,840 --> 00:16:33,400 Speaker 1: used in every aspect of law. So you know, we're 285 00:16:33,400 --> 00:16:36,520 Speaker 1: at the beginning of this. And keep in mind, you know, 286 00:16:36,600 --> 00:16:39,520 Speaker 1: AI has been around since the nineteen fifties, right in 287 00:16:39,560 --> 00:16:44,120 Speaker 1: one form or another, but generative AI because of technological advances. 288 00:16:44,320 --> 00:16:47,320 Speaker 1: No one was talking about generative AI. I know this 289 00:16:47,440 --> 00:16:50,840 Speaker 1: because I used to write opinions as a judge and 290 00:16:51,280 --> 00:16:54,680 Speaker 1: scholarship as an adjunct professor and a professor of Duke 291 00:16:55,280 --> 00:17:00,160 Speaker 1: about evidentiary issues associated with technical evidence, and no one 292 00:17:00,320 --> 00:17:03,320 Speaker 1: was talking about generative AI until about twenty twenty two 293 00:17:03,400 --> 00:17:06,359 Speaker 1: when the whole chat GPTV came out. So this is 294 00:17:06,520 --> 00:17:11,240 Speaker 1: still relatively recent. And what's confounding is how explosive the 295 00:17:11,359 --> 00:17:13,360 Speaker 1: use is become in such a short period of time. 296 00:17:13,960 --> 00:17:16,920 Speaker 2: Explosive is the right word. Thanks so much as always, 297 00:17:17,000 --> 00:17:20,359 Speaker 2: Judge grim that's Judge Paul Grimm, director of the Bolt 298 00:17:20,480 --> 00:17:25,840 Speaker 2: Judicial Institute at Duke Law School. NBA Commissioner Adam Silver 299 00:17:26,080 --> 00:17:30,680 Speaker 2: spoke out on Friday about the bombshell gambling scandal that's 300 00:17:30,800 --> 00:17:31,720 Speaker 2: rocked the league. 301 00:17:31,960 --> 00:17:35,919 Speaker 3: I was deeply disturbed. There's nothing more important to the 302 00:17:36,000 --> 00:17:41,120 Speaker 3: league and expands and the integrity of the competition, and 303 00:17:41,200 --> 00:17:44,200 Speaker 3: so I had a pit in my stomach. It was 304 00:17:44,280 --> 00:17:44,840 Speaker 3: very upsetting. 305 00:17:45,320 --> 00:17:50,120 Speaker 2: Shock Waves ripple through the sports world after Courtland, Trailblazer's 306 00:17:50,160 --> 00:17:54,520 Speaker 2: head coach Chauncey Billups and Miami Heat player Terry Roser 307 00:17:54,840 --> 00:17:58,359 Speaker 2: along with thirty others, were indicted as part of two 308 00:17:58,400 --> 00:18:03,720 Speaker 2: separate criminal schemes related to illegal sports betting. Joseph Nocella, 309 00:18:03,840 --> 00:18:07,400 Speaker 2: the top federal prosecutor for the Eastern District of New York, 310 00:18:07,880 --> 00:18:11,800 Speaker 2: described the two schemes. The first involved sports betting. 311 00:18:12,560 --> 00:18:16,680 Speaker 4: Between December twenty twenty two and March twenty twenty four, 312 00:18:17,320 --> 00:18:21,879 Speaker 4: these defendants perpetrated a scheme to defraud by betting on 313 00:18:22,000 --> 00:18:28,040 Speaker 4: inside non public information about NBA athletes and teams. The 314 00:18:28,080 --> 00:18:32,280 Speaker 4: non public information included when specific players would be sitting 315 00:18:32,280 --> 00:18:35,720 Speaker 4: out future games or when they would pull themselves out 316 00:18:35,760 --> 00:18:38,320 Speaker 4: early for purported injuries or illnesses. 317 00:18:38,960 --> 00:18:41,720 Speaker 2: The second involved rigged poker games. 318 00:18:42,280 --> 00:18:47,520 Speaker 4: These defendants, which include former professional athletes, used high tech 319 00:18:47,760 --> 00:18:51,840 Speaker 4: cheating technology to steal millions of dollars from victims in 320 00:18:52,040 --> 00:18:56,720 Speaker 4: underground poker games that were secretly fixed. The games in 321 00:18:56,720 --> 00:19:00,639 Speaker 4: the New York area were backed by the Banano, Ambino 322 00:19:01,119 --> 00:19:03,040 Speaker 4: and genal Vezy crime families. 323 00:19:03,680 --> 00:19:08,680 Speaker 2: Billings and Rosier face money laundering and wirefront conspiracy charges. 324 00:19:09,440 --> 00:19:12,400 Speaker 2: Joining me is Derek Hogan, a partner at Tully Rinky, 325 00:19:12,640 --> 00:19:14,520 Speaker 2: tell us about the charges here. 326 00:19:14,520 --> 00:19:18,680 Speaker 5: Broadly, you know the first one involved providing let's say 327 00:19:18,760 --> 00:19:23,800 Speaker 5: inside or confidential information to people placing wagers on games. So, 328 00:19:23,880 --> 00:19:27,720 Speaker 5: for example, the NBA player involved, Terry Rogier. There are 329 00:19:27,760 --> 00:19:30,400 Speaker 5: certain bets that an individual can places, you know, whether 330 00:19:30,440 --> 00:19:32,960 Speaker 5: a team wins or loses, the score goes over a 331 00:19:32,960 --> 00:19:36,280 Speaker 5: certain amount of points, or there's something called individual prop 332 00:19:36,320 --> 00:19:40,399 Speaker 5: bets where betters can make bets on whether a certain 333 00:19:40,400 --> 00:19:42,720 Speaker 5: individual is going to score more or less than a 334 00:19:42,720 --> 00:19:45,159 Speaker 5: certain number of points, get a certain amount of rebounds, 335 00:19:45,359 --> 00:19:48,520 Speaker 5: certain amount of assists, whatever statistical categories they put out there. 336 00:19:48,600 --> 00:19:51,880 Speaker 5: And in this instance, it's been alleged that mister Rogier 337 00:19:52,400 --> 00:19:55,919 Speaker 5: purportedly told individuals that he was going to leave a 338 00:19:55,960 --> 00:19:59,080 Speaker 5: game early, you know, before he reached a certain amount 339 00:19:59,080 --> 00:20:03,040 Speaker 5: of points, rebounds, sist, and that if the individuals bet 340 00:20:03,040 --> 00:20:05,160 Speaker 5: the under on that, then you know, they would obviously 341 00:20:05,200 --> 00:20:08,320 Speaker 5: win their bets. So it's alleged that he passed along 342 00:20:08,359 --> 00:20:12,280 Speaker 5: that information and then that other people took that information, 343 00:20:12,760 --> 00:20:16,480 Speaker 5: distribute that information to others, and distributed information to others 344 00:20:16,520 --> 00:20:19,520 Speaker 5: to make bets on them. And I think it's important 345 00:20:19,520 --> 00:20:22,960 Speaker 5: to note in those types of situations that each league, 346 00:20:22,960 --> 00:20:27,200 Speaker 5: whether it's the NBA, NFL, Major League Baseball, national hockey, league. 347 00:20:27,240 --> 00:20:30,919 Speaker 5: At some point they issue like an injury report, and 348 00:20:30,960 --> 00:20:34,359 Speaker 5: that injury report will let people know who's playing, who's 349 00:20:34,400 --> 00:20:37,800 Speaker 5: not playing, who may be playing, probable, questionable things of 350 00:20:37,800 --> 00:20:41,520 Speaker 5: that nature, and that information is released, so ultimately the 351 00:20:41,560 --> 00:20:44,840 Speaker 5: book makers can put odds out there that are, you know, 352 00:20:44,920 --> 00:20:48,240 Speaker 5: the equivalent to who's playing, who's not And so what 353 00:20:48,280 --> 00:20:52,240 Speaker 5: was happening mister Rosier's situation. You know that information was 354 00:20:52,280 --> 00:20:56,080 Speaker 5: allegedly being disclosed to others prior to any type of 355 00:20:56,080 --> 00:20:59,200 Speaker 5: injury report or not even making it on your injury report. 356 00:21:00,119 --> 00:21:02,960 Speaker 5: Inside information think about like in a stock tip, right, 357 00:21:03,359 --> 00:21:05,680 Speaker 5: Like you might know about a company going public before 358 00:21:05,720 --> 00:21:08,280 Speaker 5: it's supposedly out there, and then then you use that 359 00:21:08,320 --> 00:21:12,240 Speaker 5: inside information to benefit to yourself. The other involved an 360 00:21:12,280 --> 00:21:15,119 Speaker 5: illegal poker game in a sense that it was a 361 00:21:15,200 --> 00:21:17,800 Speaker 5: cheated card game. It was through the use of technology 362 00:21:17,800 --> 00:21:21,239 Speaker 5: from what I read, whether it's like technology within the 363 00:21:21,280 --> 00:21:24,480 Speaker 5: table that the players were using, technology within the cars 364 00:21:24,480 --> 00:21:27,080 Speaker 5: that they were using. Essentially that it was a rigged 365 00:21:27,119 --> 00:21:31,800 Speaker 5: poker game. And where the high profile bendit, mister Chauncey Billips, 366 00:21:31,800 --> 00:21:34,320 Speaker 5: who was the head coach of the Portland Trailblazers. It's 367 00:21:34,359 --> 00:21:37,359 Speaker 5: being alleged that he was kind of used to lure 368 00:21:37,359 --> 00:21:40,920 Speaker 5: individuals to that game, to lure like an unsuspecting victim 369 00:21:40,960 --> 00:21:44,040 Speaker 5: to that game, because think about it, that person might say, oh, Wow, 370 00:21:44,040 --> 00:21:46,640 Speaker 5: I'm gonna play poker with Chauncey Billups. Well, I don't 371 00:21:46,680 --> 00:21:50,439 Speaker 5: believe mister Billips has been accused of, you know, cheating 372 00:21:50,480 --> 00:21:53,120 Speaker 5: the individual a lot of money. What it's been alleged 373 00:21:53,200 --> 00:21:55,439 Speaker 5: is at those poker games, it was a rigged poker 374 00:21:55,480 --> 00:21:58,720 Speaker 5: game and then ultimately some person loses a lot of 375 00:21:58,720 --> 00:22:01,080 Speaker 5: money and then that money is distributed among the co 376 00:22:01,080 --> 00:22:04,320 Speaker 5: conspirators and the individuals that ran that game. 377 00:22:04,920 --> 00:22:08,280 Speaker 2: Is there a connection between these two indictments or they 378 00:22:08,440 --> 00:22:11,560 Speaker 2: just decided to announce them on the same day. And 379 00:22:11,720 --> 00:22:14,320 Speaker 2: you know, out of more than thirty people, just three 380 00:22:14,440 --> 00:22:16,400 Speaker 2: are associated with the NBA. 381 00:22:17,160 --> 00:22:19,240 Speaker 5: Right, So I mean, I think it's yes and no. 382 00:22:19,320 --> 00:22:22,920 Speaker 5: Obviously it's a whole high profile matter. And when you're 383 00:22:22,920 --> 00:22:26,359 Speaker 5: talking about Terry Rogier, he's a current NBA player, Chauncey 384 00:22:26,400 --> 00:22:29,560 Speaker 5: Billups Hall of Fame player, current NBA coach, they are 385 00:22:29,920 --> 00:22:33,399 Speaker 5: kind of interrelated. But also it's been alleged and you 386 00:22:33,440 --> 00:22:36,600 Speaker 5: can't really you can't really tell from the indictment involving 387 00:22:36,640 --> 00:22:40,800 Speaker 5: mister Rosier, but that indictment mentions a co conspirator who 388 00:22:40,920 --> 00:22:43,720 Speaker 5: lived in Oregon at the time and had previously played 389 00:22:43,720 --> 00:22:47,320 Speaker 5: in the NBA. The co conspirator, it can surmised to 390 00:22:47,320 --> 00:22:51,160 Speaker 5: be it's Chauncey Billups and the reason that is related 391 00:22:51,200 --> 00:22:54,280 Speaker 5: to the indictment with mister Rogier. It's alleged that the 392 00:22:54,320 --> 00:22:56,359 Speaker 5: individuals and I don't even think mister Rogier, but the 393 00:22:56,400 --> 00:23:00,800 Speaker 5: other co defendants in that indictment receive specific information about 394 00:23:00,920 --> 00:23:04,919 Speaker 5: certain individuals on the Portland Trailblazers that weren't going to 395 00:23:04,920 --> 00:23:07,679 Speaker 5: play that night prior to any release to the public. 396 00:23:07,880 --> 00:23:10,320 Speaker 5: That's who Chuncey Billibs was coaching at the time. So 397 00:23:10,520 --> 00:23:13,399 Speaker 5: while mister Bilbs has not been charged in connection with 398 00:23:13,440 --> 00:23:16,480 Speaker 5: the call it the betting scandal, the NBA betting scandal, 399 00:23:16,800 --> 00:23:19,520 Speaker 5: it is potentially he's listed as a co conspirator. But 400 00:23:19,960 --> 00:23:22,680 Speaker 5: to your question, no, I think these were more released 401 00:23:22,680 --> 00:23:25,359 Speaker 5: on the same day due to the high profile nature 402 00:23:25,400 --> 00:23:27,879 Speaker 5: of the cases. But I don't really see a link 403 00:23:27,920 --> 00:23:30,840 Speaker 5: between the two because one is about an illegal poker game, 404 00:23:31,119 --> 00:23:35,080 Speaker 5: the others about other individuals using inside information to make bets. 405 00:23:35,359 --> 00:23:38,800 Speaker 2: In the inside information. How much money do they say 406 00:23:39,080 --> 00:23:40,560 Speaker 2: was involved here? 407 00:23:41,080 --> 00:23:44,600 Speaker 5: Well, I do know from the indictment that the individual 408 00:23:45,240 --> 00:23:49,360 Speaker 5: that provided the information allegedly from mister Rogier. So mister 409 00:23:49,440 --> 00:23:53,800 Speaker 5: Rogier allegedly provides this information to an individual. That individual 410 00:23:53,840 --> 00:23:55,639 Speaker 5: gives it to other people who then use it to 411 00:23:55,640 --> 00:23:58,600 Speaker 5: make bets. And it's alleged that that individual received one 412 00:23:58,680 --> 00:24:01,879 Speaker 5: hundred thousand dollars just for providing that information. And so 413 00:24:02,040 --> 00:24:04,320 Speaker 5: then it you know, you can surmise that if that 414 00:24:04,400 --> 00:24:07,040 Speaker 5: individual is getting paid one hundred thousand, I'm sure that 415 00:24:07,040 --> 00:24:10,360 Speaker 5: there were multiple wagers made by multiple people because it's 416 00:24:10,359 --> 00:24:12,479 Speaker 5: all information. Like if you're one of the people at 417 00:24:12,520 --> 00:24:14,880 Speaker 5: the top of the pyramid, if you had this information, 418 00:24:14,960 --> 00:24:17,200 Speaker 5: you're going to tell your web of betters to make 419 00:24:17,240 --> 00:24:20,640 Speaker 5: these bets. So I would imagine that the money gain 420 00:24:20,800 --> 00:24:23,040 Speaker 5: from that was in the hundreds of thousands. If they're 421 00:24:23,080 --> 00:24:26,120 Speaker 5: paying this one person allegedly one hundred grand just for 422 00:24:26,160 --> 00:24:26,719 Speaker 5: that info. 423 00:24:27,040 --> 00:24:29,320 Speaker 2: But it seems like it's a drop in the bucket 424 00:24:29,400 --> 00:24:32,359 Speaker 2: compared to the fact that sports betting accounts for about 425 00:24:32,359 --> 00:24:35,520 Speaker 2: eighty four billion dollars a year. 426 00:24:35,880 --> 00:24:39,119 Speaker 5: I certainly see the juxtaposition, and I don't necessarily agree 427 00:24:39,119 --> 00:24:42,359 Speaker 5: with you. You know, like a lot of these leagues, NBA, NFL, 428 00:24:42,480 --> 00:24:46,000 Speaker 5: they are now in partnership with these gambling companies. You know, 429 00:24:46,080 --> 00:24:48,919 Speaker 5: before it was taboo to bet on sports, right, and 430 00:24:48,960 --> 00:24:51,960 Speaker 5: all the leagues pressed against it. They didn't want anything 431 00:24:51,960 --> 00:24:54,439 Speaker 5: to do with Now people could bet illegally for you know, 432 00:24:54,480 --> 00:24:58,400 Speaker 5: going back to however long. But once it became legalized 433 00:24:58,440 --> 00:25:00,720 Speaker 5: in most of the fifty states. I know, it's legalized 434 00:25:00,760 --> 00:25:03,120 Speaker 5: throughout the country, but in most of the states it's 435 00:25:03,119 --> 00:25:06,679 Speaker 5: now legalized. So these companies essentially got in bed with 436 00:25:06,760 --> 00:25:10,840 Speaker 5: these gambling companies to form sponsorships, you know, collaborations whatnot. 437 00:25:10,880 --> 00:25:12,920 Speaker 5: I agree with you that it might be a drop 438 00:25:12,920 --> 00:25:14,560 Speaker 5: in the bucket, but if you think about it, it's 439 00:25:14,600 --> 00:25:17,480 Speaker 5: about the integrity of the game, right, Like you can't 440 00:25:17,520 --> 00:25:20,840 Speaker 5: have players taking themselves out voluntarily for the purpose of 441 00:25:20,840 --> 00:25:23,800 Speaker 5: getting a bet. You can't have individuals, you know, using 442 00:25:23,840 --> 00:25:27,720 Speaker 5: inside information to divulge that prior to the betting public 443 00:25:27,920 --> 00:25:30,359 Speaker 5: gets it because it does it does call into the 444 00:25:30,359 --> 00:25:33,159 Speaker 5: integrity of the game, and it does call into in 445 00:25:33,240 --> 00:25:35,960 Speaker 5: question the actual results of those games. 446 00:25:36,160 --> 00:25:38,159 Speaker 2: So now tell me where it fits in that the 447 00:25:38,280 --> 00:25:42,840 Speaker 2: league investigated ros You're in twenty twenty three, but cleared 448 00:25:42,920 --> 00:25:46,720 Speaker 2: him when the physician showed he had a genuine foot inflammation. 449 00:25:47,160 --> 00:25:49,520 Speaker 2: Does that fit into his defense anywhere? 450 00:25:49,840 --> 00:25:51,960 Speaker 5: I mean, I think so. These a von Brosier's attorney. 451 00:25:52,080 --> 00:25:54,040 Speaker 5: You know, first of all, I don't know if he's 452 00:25:54,040 --> 00:25:57,400 Speaker 5: going to use the NBA's investigation, but I think he's 453 00:25:57,440 --> 00:25:59,719 Speaker 5: going to say, listen, we cooperated with it. We were 454 00:25:59,760 --> 00:26:02,919 Speaker 5: clear by the NBA he had a legitimate foot injury. 455 00:26:02,960 --> 00:26:06,240 Speaker 5: You know, unless you can establish a direct connection between 456 00:26:06,600 --> 00:26:09,600 Speaker 5: you know, this individual and mister Rogier, who he allegedly 457 00:26:09,680 --> 00:26:12,840 Speaker 5: got the information from, Yeah, I think that will because 458 00:26:12,840 --> 00:26:14,440 Speaker 5: that's going to play in all their defense, Like, how 459 00:26:14,440 --> 00:26:17,720 Speaker 5: can you prove that I provided this information? In Rogier's case, 460 00:26:17,720 --> 00:26:19,800 Speaker 5: how can you prove that I didn't have a legitimate 461 00:26:19,800 --> 00:26:22,320 Speaker 5: foot injury and I voluntarily took myself out of that 462 00:26:22,400 --> 00:26:25,480 Speaker 5: game because in fact, I did not want to damage 463 00:26:25,480 --> 00:26:28,240 Speaker 5: my career further. You know, these athletes, their bodies are 464 00:26:28,240 --> 00:26:31,239 Speaker 5: their temple, right, they're their money makers, and you know, 465 00:26:31,400 --> 00:26:34,560 Speaker 5: you can't necessarily fault an individual for taking himself out 466 00:26:34,560 --> 00:26:37,159 Speaker 5: of a game with a legitimate injury that could ultimately 467 00:26:37,200 --> 00:26:39,800 Speaker 5: affect his future earnings. You know, when it comes to 468 00:26:39,800 --> 00:26:40,560 Speaker 5: play on the court. 469 00:26:40,920 --> 00:26:45,600 Speaker 2: Jim Trustee, a lawyer for Rogier, said prosecutors had relied 470 00:26:45,720 --> 00:26:51,920 Speaker 2: on spectacularly incredible sources rather than actual evidence of wrongdoing, 471 00:26:52,040 --> 00:26:54,800 Speaker 2: and that a long time ago we reached out to 472 00:26:54,840 --> 00:26:57,520 Speaker 2: these prosecutors to tell them we should have an open 473 00:26:57,560 --> 00:27:03,880 Speaker 2: line of communications. Chized Terry as a subject, not a target. 474 00:27:04,359 --> 00:27:07,720 Speaker 5: Right And so normally, you know, as an attorney, you 475 00:27:07,800 --> 00:27:10,960 Speaker 5: might get correspondents from the FBI or the federal government, 476 00:27:11,000 --> 00:27:12,720 Speaker 5: you know, in a sense that you're a target or 477 00:27:12,720 --> 00:27:15,240 Speaker 5: subject of the investigation, or you're just kind of like 478 00:27:15,320 --> 00:27:18,119 Speaker 5: an external person you're looking for information from. So it 479 00:27:18,160 --> 00:27:21,080 Speaker 5: seems like for mister Rosier's attorney statement that, you know, 480 00:27:21,119 --> 00:27:23,920 Speaker 5: because I remember reading articles myself that you know, Rogier 481 00:27:24,040 --> 00:27:26,800 Speaker 5: was being investigated by the NBA. They were upfront and 482 00:27:26,840 --> 00:27:29,520 Speaker 5: they were forthcoming. And it's my guess is he's probably 483 00:27:29,520 --> 00:27:32,199 Speaker 5: a little upset that he said to the FBI, hey, listen, 484 00:27:32,600 --> 00:27:35,440 Speaker 5: we're here if anything comes up, you know, I represent 485 00:27:35,520 --> 00:27:38,280 Speaker 5: mister Rosier, please come to me before you do anything. 486 00:27:38,640 --> 00:27:40,560 Speaker 5: And then next thing you know, he's getting a call 487 00:27:40,680 --> 00:27:42,760 Speaker 5: that his client has to do a purp walk. You know, 488 00:27:42,840 --> 00:27:44,960 Speaker 5: I think Rogier was at a hotel the morning he 489 00:27:45,040 --> 00:27:47,480 Speaker 5: got arrested. So I think that's where the lawyer's ire 490 00:27:47,560 --> 00:27:50,000 Speaker 5: comes from, because I've done this myself, where you reach 491 00:27:50,040 --> 00:27:52,640 Speaker 5: out to law enforcement. You tell them, hey, you are 492 00:27:52,680 --> 00:27:55,800 Speaker 5: represented by counsel, or this individual is represented by counsel, 493 00:27:56,080 --> 00:27:58,200 Speaker 5: and if something comes up, let me know. I'll bring 494 00:27:58,240 --> 00:27:59,679 Speaker 5: them in. We don't got to do this. Song and 495 00:27:59,760 --> 00:28:02,399 Speaker 5: dance will make it a lot easier. I think that's 496 00:28:02,400 --> 00:28:03,879 Speaker 5: that's where his eyre is coming from. 497 00:28:03,960 --> 00:28:07,119 Speaker 2: When you're told that your client's a subject, not a target. 498 00:28:07,520 --> 00:28:10,840 Speaker 2: I mean, does that often turn into a target not 499 00:28:10,920 --> 00:28:11,639 Speaker 2: a subject? 500 00:28:12,200 --> 00:28:14,600 Speaker 5: I guess it all depends on ultimately what information they're 501 00:28:14,640 --> 00:28:17,480 Speaker 5: gaining from him. You know, if he's a subject, I'm 502 00:28:17,520 --> 00:28:20,720 Speaker 5: guessing that the lawyer said, hey, let's sit down, let's talk. 503 00:28:21,000 --> 00:28:23,479 Speaker 5: Here's what the investigation with the NBA did, so on 504 00:28:23,520 --> 00:28:26,080 Speaker 5: and so forth, and you know, if something comes up, 505 00:28:26,160 --> 00:28:28,200 Speaker 5: let us know. So I would think in that time, 506 00:28:28,440 --> 00:28:31,040 Speaker 5: because the federal government, the FBI there, they're powerful. It's 507 00:28:31,040 --> 00:28:33,639 Speaker 5: a powerful agency, right and you know they're probably not 508 00:28:33,680 --> 00:28:35,719 Speaker 5: going to come after you unless they think they have something. 509 00:28:36,040 --> 00:28:38,120 Speaker 5: But I would think if my client's just a subject, 510 00:28:38,120 --> 00:28:43,000 Speaker 5: he's not necessarily a target. I'm not necessarily overly concerned 511 00:28:43,120 --> 00:28:46,880 Speaker 5: about him getting arrested, specifically, once I've already notified the 512 00:28:46,960 --> 00:28:49,719 Speaker 5: FBI that hey, call me, let me know if something's 513 00:28:49,760 --> 00:28:51,320 Speaker 5: going to come up, because that you know, we'll take 514 00:28:51,320 --> 00:28:52,120 Speaker 5: care of it from there. 515 00:28:52,520 --> 00:28:55,240 Speaker 2: The poker games, I take it that there are illegal 516 00:28:55,280 --> 00:28:58,600 Speaker 2: poker games happening across the country all the time. What 517 00:28:58,760 --> 00:29:03,600 Speaker 2: made these show worthy of an FBI investigation and end indictments? 518 00:29:04,040 --> 00:29:06,760 Speaker 5: So you're right, there's illegal poker games going around, you know, 519 00:29:06,880 --> 00:29:10,000 Speaker 5: even if you're playing for you know, minimum money technically, right, 520 00:29:10,040 --> 00:29:12,320 Speaker 5: and that's an illegal poker game. But I think this 521 00:29:12,440 --> 00:29:15,520 Speaker 5: drew the fbis I for a couple of reasons. There's 522 00:29:15,640 --> 00:29:18,760 Speaker 5: allegations of the mafia being involved in it, right, and 523 00:29:18,880 --> 00:29:21,640 Speaker 5: what they were doing is allegedly is okay, you get 524 00:29:21,640 --> 00:29:24,920 Speaker 5: this one individual that might lose hundreds of thousands of 525 00:29:24,920 --> 00:29:28,080 Speaker 5: dollars at the poker table, and now they're using that money. 526 00:29:28,120 --> 00:29:32,000 Speaker 5: The people involved are allegedly you know, distributing it amongst themselves. 527 00:29:32,280 --> 00:29:35,680 Speaker 5: They're laundering that money. Further, it's my understanding that when 528 00:29:35,680 --> 00:29:38,400 Speaker 5: the individuals didn't pay up, then there was you know, 529 00:29:38,520 --> 00:29:41,600 Speaker 5: threats of force, maybe even actual physical force, used. So 530 00:29:41,680 --> 00:29:43,920 Speaker 5: that's why I think the FBI is getting involved in this. 531 00:29:44,280 --> 00:29:46,080 Speaker 5: Like you said, you're runn of the mill poker game. 532 00:29:46,080 --> 00:29:48,360 Speaker 5: But when you have an MBA star, you have you know, 533 00:29:48,440 --> 00:29:51,160 Speaker 5: hundreds of thousands, maybe if not millions of dollars at stake, 534 00:29:51,520 --> 00:29:54,160 Speaker 5: and then you have alleged mob tized and then also 535 00:29:54,480 --> 00:29:57,920 Speaker 5: allegations of people using force to collect on those debts. 536 00:29:58,160 --> 00:29:59,400 Speaker 5: That's where they come into play. 537 00:30:00,000 --> 00:30:04,240 Speaker 2: Tell how strong the cases are against the defendants from 538 00:30:04,280 --> 00:30:05,120 Speaker 2: the indictments. 539 00:30:05,800 --> 00:30:08,560 Speaker 5: I mean, you can't necessarily tell from the indictments, because 540 00:30:08,560 --> 00:30:11,280 Speaker 5: the indictments are just gonna list out some basic facts 541 00:30:11,640 --> 00:30:14,200 Speaker 5: as they see them, and then the counts they're charged with. 542 00:30:14,560 --> 00:30:17,040 Speaker 5: I mean, yes, if everything was all true that they say, 543 00:30:17,080 --> 00:30:19,720 Speaker 5: then that's you know, that's a pretty tough case. However, 544 00:30:19,840 --> 00:30:23,000 Speaker 5: you know, it's not like discovery has been provided the public. 545 00:30:23,040 --> 00:30:26,160 Speaker 5: It's not like certain information has been provided to the public. 546 00:30:26,400 --> 00:30:28,840 Speaker 5: So ultimately you can't say whether or not there is 547 00:30:28,880 --> 00:30:31,080 Speaker 5: a strong or is not a strong case. I will 548 00:30:31,080 --> 00:30:34,040 Speaker 5: say two things about BEF though. Number One, the Feds 549 00:30:34,080 --> 00:30:36,640 Speaker 5: have a high conviction rate. I'm not saying every federal 550 00:30:36,680 --> 00:30:39,400 Speaker 5: defendant gets convicted, but I would imagine that the Feds 551 00:30:39,400 --> 00:30:41,480 Speaker 5: aren't going to come after someone unless they have a 552 00:30:41,520 --> 00:30:44,320 Speaker 5: lot of evidence, you know, in their back pockets. Certainly 553 00:30:44,360 --> 00:30:47,400 Speaker 5: one of this kind of you know, public nature, right, 554 00:30:47,440 --> 00:30:50,200 Speaker 5: a lot of media, you know, a lot of press 555 00:30:50,240 --> 00:30:52,800 Speaker 5: around it. And the second part though, to whether it's 556 00:30:52,840 --> 00:30:55,040 Speaker 5: a strong case or not, it's always going to hinge 557 00:30:55,040 --> 00:30:57,840 Speaker 5: on the credibility of the witnesses. I would imagine that 558 00:30:57,920 --> 00:31:00,520 Speaker 5: some of the individuals that have been providing animation from 559 00:31:00,520 --> 00:31:03,200 Speaker 5: the government might be cedy. Individuals might not have the 560 00:31:03,200 --> 00:31:06,040 Speaker 5: best track record. So if I'm a defense attorney, I'm 561 00:31:06,040 --> 00:31:09,560 Speaker 5: going to go full bore attacking that witness's credibility. Say, 562 00:31:09,600 --> 00:31:12,240 Speaker 5: you know, how can we believe person A when they've 563 00:31:12,280 --> 00:31:14,160 Speaker 5: done this, that, and the third throughout the course of 564 00:31:14,160 --> 00:31:17,640 Speaker 5: their life. So I think defense probably have a strong case, 565 00:31:17,640 --> 00:31:19,800 Speaker 5: but you can't really tell that from the indictment, and 566 00:31:19,800 --> 00:31:21,280 Speaker 5: that still has to play out in court. 567 00:31:22,200 --> 00:31:26,800 Speaker 2: How do you think Billups and Rosier's celebrity would play 568 00:31:26,800 --> 00:31:27,640 Speaker 2: into a trial? 569 00:31:28,160 --> 00:31:30,480 Speaker 5: Think get at place huge, right, you know, because you're 570 00:31:30,520 --> 00:31:33,600 Speaker 5: gonna get supporters, you know, on both sides of the coin. 571 00:31:33,680 --> 00:31:35,920 Speaker 5: You know the fact that you know, Chauncy Bills Hall 572 00:31:35,920 --> 00:31:39,520 Speaker 5: of Fame player, current head coach. You know, Terry Rogier, 573 00:31:39,640 --> 00:31:42,240 Speaker 5: he's known like that celebrity, You're going to have people 574 00:31:42,240 --> 00:31:45,200 Speaker 5: that support them regardless. You know. You look at Sean 575 00:31:45,240 --> 00:31:48,200 Speaker 5: Puffy Combs right like, he was alleged to done awful 576 00:31:48,240 --> 00:31:51,040 Speaker 5: things and yet he still had his public support or anybody. 577 00:31:51,040 --> 00:31:53,000 Speaker 5: I don't want to just use you know, mister Combs 578 00:31:53,000 --> 00:31:56,000 Speaker 5: as an example, any high profile defendant. You know, OJ 579 00:31:56,160 --> 00:31:59,200 Speaker 5: Simpson still got plenty of public support, right, you know, 580 00:31:59,360 --> 00:32:01,600 Speaker 5: and so that is going to play into it. And 581 00:32:01,640 --> 00:32:03,800 Speaker 5: I think the defense is going to you know, this 582 00:32:03,920 --> 00:32:06,680 Speaker 5: is mister Billbs, hall of fame, career head coach. Why 583 00:32:06,680 --> 00:32:09,120 Speaker 5: would he be risking all that on just you know, 584 00:32:09,160 --> 00:32:11,920 Speaker 5: a poker game, maybe a poker game he participated in, 585 00:32:12,240 --> 00:32:15,040 Speaker 5: but unwittingly as far as you know, it being a 586 00:32:15,120 --> 00:32:17,840 Speaker 5: rigged game, or others being you know, losing on purpose. 587 00:32:18,240 --> 00:32:19,360 Speaker 5: You know, same with mister Rogier. 588 00:32:19,400 --> 00:32:23,320 Speaker 2: I would think they've both made spectacular amounts of money 589 00:32:23,320 --> 00:32:26,880 Speaker 2: in their careers. Billips made about one hundred and six 590 00:32:26,920 --> 00:32:31,960 Speaker 2: million dollars in earnings over his career. Rosier made about 591 00:32:31,960 --> 00:32:34,800 Speaker 2: one hundred and sixty million. I mean, why would they 592 00:32:34,920 --> 00:32:38,200 Speaker 2: get involved in this kind of a scheme? It seems 593 00:32:38,240 --> 00:32:39,840 Speaker 2: like small potatoes, you know. 594 00:32:40,120 --> 00:32:42,800 Speaker 5: I you know, I've asked myself that same question. But 595 00:32:42,960 --> 00:32:45,880 Speaker 5: I think it goes to two reasons. And I don't know, 596 00:32:45,960 --> 00:32:47,440 Speaker 5: you know, I'm not saying I have any rhyme or 597 00:32:47,480 --> 00:32:50,200 Speaker 5: reason to believe this, all right, But one, you know, 598 00:32:50,360 --> 00:32:52,880 Speaker 5: a lot of the times, at least in mister Rogier's case, 599 00:32:53,280 --> 00:32:55,840 Speaker 5: it is a led that he provided this information to 600 00:32:55,880 --> 00:32:57,880 Speaker 5: an individual he grew up with, that he had known 601 00:32:57,920 --> 00:33:00,960 Speaker 5: since childhood, right, And I think that goes to sometimes 602 00:33:01,360 --> 00:33:04,360 Speaker 5: these individuals, no matter how much money, power and respect 603 00:33:04,360 --> 00:33:07,560 Speaker 5: that they have, sometimes there's individuals that you grew up 604 00:33:07,600 --> 00:33:09,360 Speaker 5: with that you can't you know, I'm not saying you 605 00:33:09,400 --> 00:33:11,600 Speaker 5: should cut them out of their circle, but if they're 606 00:33:11,640 --> 00:33:14,640 Speaker 5: there for nefarious purposes, you know, sometimes you can get 607 00:33:14,800 --> 00:33:17,080 Speaker 5: entangled in that, right And I'm not saying that's the 608 00:33:17,120 --> 00:33:19,360 Speaker 5: case with mister Rosier. It could be one of his 609 00:33:19,400 --> 00:33:21,760 Speaker 5: best buddies, that's a great person, you just never know, 610 00:33:21,800 --> 00:33:24,520 Speaker 5: But I think that's one you get entangled with these 611 00:33:24,520 --> 00:33:27,400 Speaker 5: individuals that are up to no good. The other part is, 612 00:33:27,440 --> 00:33:30,280 Speaker 5: and I can't say, people might have an addiction, right, 613 00:33:30,360 --> 00:33:33,320 Speaker 5: and this gambling addiction could get out of hand. Regardless 614 00:33:33,320 --> 00:33:35,280 Speaker 5: of how much money they make. And I'm not saying 615 00:33:35,280 --> 00:33:37,760 Speaker 5: that's the case, because I don't think it's alleged that 616 00:33:37,840 --> 00:33:40,680 Speaker 5: Rosier even you know, shared in any of these profits. 617 00:33:40,880 --> 00:33:43,600 Speaker 5: It's just that he provided this information. So I think 618 00:33:43,640 --> 00:33:45,560 Speaker 5: it goes it could be a gambling addiction, or it 619 00:33:45,600 --> 00:33:48,360 Speaker 5: could just be you know, individuals, whether they grew up 620 00:33:48,360 --> 00:33:50,520 Speaker 5: with them or not, they're just individuals that aren't looking 621 00:33:50,600 --> 00:33:53,480 Speaker 5: out for their best interests. That's ultimately how you could 622 00:33:53,480 --> 00:33:55,000 Speaker 5: lose that much more. You know, you could risk so 623 00:33:55,120 --> 00:33:57,000 Speaker 5: much when you make multi millions of dollars. 624 00:33:57,040 --> 00:34:00,160 Speaker 2: But the FBI said, oh, this is not over or 625 00:34:00,200 --> 00:34:03,920 Speaker 2: we're still investigating. Does it look like this is an 626 00:34:03,960 --> 00:34:08,080 Speaker 2: instance where other NBA players could be implicated. 627 00:34:08,480 --> 00:34:10,200 Speaker 5: I don't know if it would be anytime soon. I 628 00:34:10,239 --> 00:34:12,600 Speaker 5: feel like if they you know, because this is talking 629 00:34:12,640 --> 00:34:14,640 Speaker 5: about games from twenty twenty three, I think here we 630 00:34:14,680 --> 00:34:17,000 Speaker 5: are in twenty twenty five, we're almost going into twenty six. 631 00:34:17,320 --> 00:34:20,080 Speaker 5: So for what they have now, I feel like if 632 00:34:20,120 --> 00:34:22,600 Speaker 5: they had more, they would come out with it. That 633 00:34:22,760 --> 00:34:25,640 Speaker 5: being said, you're going to start getting now that all 634 00:34:25,640 --> 00:34:27,719 Speaker 5: these people are arrested. People are going to flip. People 635 00:34:27,760 --> 00:34:30,960 Speaker 5: are going to start talking, and then when that happens, 636 00:34:31,040 --> 00:34:34,359 Speaker 5: that may lead to other information coming out. Not saying 637 00:34:34,360 --> 00:34:36,839 Speaker 5: it will, but I think it's more likely than not 638 00:34:37,000 --> 00:34:40,000 Speaker 5: that if there is another quote quote scandal, this is 639 00:34:40,040 --> 00:34:41,920 Speaker 5: just the beginning of it, right, and this is just 640 00:34:41,960 --> 00:34:43,839 Speaker 5: going to start to come out, and you might see 641 00:34:43,840 --> 00:34:46,840 Speaker 5: it come out in other league NFL, NHL, Major League Baseball, 642 00:34:46,840 --> 00:34:47,680 Speaker 5: things of that nature. 643 00:34:47,960 --> 00:34:51,399 Speaker 2: I'm wondering about the timing of this announcement by the 644 00:34:51,800 --> 00:34:57,280 Speaker 2: FBI and Federal prosecutors at the beginning of the NBA season. 645 00:34:57,680 --> 00:35:02,239 Speaker 2: When the sports betting scheme allegedly curred between December of 646 00:35:02,480 --> 00:35:06,799 Speaker 2: twenty twenty two and March of twenty twenty four, and 647 00:35:06,880 --> 00:35:10,800 Speaker 2: the rig poker game that Billips is accused of participating 648 00:35:10,960 --> 00:35:15,520 Speaker 2: in took place in April of twenty nineteen. So why 649 00:35:15,600 --> 00:35:19,440 Speaker 2: announce this on the eve of the NBA season. 650 00:35:20,120 --> 00:35:23,759 Speaker 5: It might just be a great coincidence, or you might 651 00:35:23,800 --> 00:35:25,560 Speaker 5: be right in that, you know, here's the start of 652 00:35:25,600 --> 00:35:29,280 Speaker 5: the season. You know, here we are, the Federal Bureau 653 00:35:29,280 --> 00:35:32,560 Speaker 5: of Investigation, your big seasons about the start, were about 654 00:35:32,600 --> 00:35:34,920 Speaker 5: to drop this hammer, you know, to make sure that 655 00:35:34,960 --> 00:35:38,160 Speaker 5: all eyes are in connection with this. It could be 656 00:35:38,200 --> 00:35:39,759 Speaker 5: a coincidence doesn't seem. 657 00:35:39,520 --> 00:35:43,640 Speaker 2: Like it was, though, especially with the fanfare with which 658 00:35:43,800 --> 00:35:48,399 Speaker 2: the indictments were announced. Thanks for joining me, Derek. That's 659 00:35:48,440 --> 00:35:51,840 Speaker 2: Derek Hogan of Tully Rinky Turn It, and that's it 660 00:35:51,880 --> 00:35:54,480 Speaker 2: for this edition of The Bloomberg Law Show. Remember you 661 00:35:54,480 --> 00:35:56,960 Speaker 2: can always get the latest legal news on our Bloomberg 662 00:35:57,040 --> 00:36:00,680 Speaker 2: Law Podcast. You can find them on Apple Podcasts, Spotify, 663 00:36:00,880 --> 00:36:05,920 Speaker 2: and at www dot bloomberg dot com, slash podcast Slash Law, 664 00:36:06,320 --> 00:36:08,880 Speaker 2: and remember to tune into The Bloomberg Law Show every 665 00:36:08,960 --> 00:36:12,840 Speaker 2: weeknight at ten pm Wall Street Time. I'm June Grosso 666 00:36:12,960 --> 00:36:14,600 Speaker 2: and you're listening to Bloomberg