A Q&A With “Goodfellas” Actor (and Dechert Lawyer) Ed McDonald

[WSJ_law_blog]

Does that face look familiar? If so, then you might be a fan of Martin Scorsese’s 1990 masterpiece film, “Goodfellas,” starring Ray Liotta, Robert Di Niro and Joe Pesci. The man to the left, Dechert’s Ed McDonald, also appeared in the film — as himself. McDonald was the prosecutor who, toward the end of the film, which is based on the true story of Henry Hill, delivers the sobering news to Henry (Liotta) and his wife, Karen (Lorraine Bracco), that they’re going to wait out the rest of their lives in the witness protection program.

As a prosecutor in the Eastern District in the early 80’s, McDonald prosecuted the famous Boston College point-shaving case, one of the last big sports betting scandals. So we called him up today to weigh in on the oft-delayed sentencing of Tim Donaghy, the NBA referee who pleaded guilty last year to charges relating to his betting on games that he reffed. Donaghy, now slated to be sentenced on July 14, faces up to 25 years in prison. His lawyers have requested probation. McDonald is not involved in the Donaghy case, but has followed it closely.

Hi Ed, thanks for chatting. Before we get down to business discussing the Tim Donaghy sentencing, we’ve got to say, we love “Goodfellas.” How’d you get cast?

I was the prosecutor who handled Henry Hill, and sponsored him in the significant cases in which he testified, including the Boston point-shaving case. I put him in the [witness protection] program.

And I was friendly with Nick Pileggi, who wrote the book [“Wiseguy,” on which “Goodfellas” was based]. Scorsese, through Nick, told me they’d like to come over and take pictures of my office. This was right before I was going to leave the government, after 17 years as a prosecutor. So Scorsese sent a woman over who did a lot of his background stuff. She took some pictures to see what the office would look like in the movie. She took pictures of my diplomas and my kids, so finally I said, ‘if you’re gonna do that, who’s gonna play me?’ And then I said, ‘if you haven’t cast the part, I’ll do it.’ An hour later Pileggi called me and asked if I was serious. I said sure. So Scorsese had me in for a screen test, and I got the part. It was pretty exciting.

And how about your scene? When Lorraine Bracco’s character, Karen, tries to plead innocence in your office, you shoot back: “Don’t give me the babe-in-the-woods routine, Karen. I heard you on those wiretaps.” Or some such. Did you come up with that line, or did Nicholas Pileggi?

That was all improvisation. We did six takes of the scene, and I often wondered how many times I used [that line] in the six takes. I probably only used it once.

OK, so we actually called you to talk about Tim Donaghy, the NBA ref who pleaded guilty last year to charges relating to his betting on games that he refereed. What exactly did he plead to?

To providing inside information, not actually fixing the outcomes of games. He was giving info to his friends about who the officiating crew would be and how that would impact the game.

His sentencing was delayed today for the fourth time. What’s going on?

I’m not sure. Generally, when sentencings are extended it’s because there’s additional evidence to be given, or additional cases that could be made. But from what I understand, there’s nothing more coming, in terms of evidence or other prosecutions that are going to result from Donaghy’s prosecution.

So could it be the case that he’s cooperating?

Probably not. If he’s cooperating, the prosecutors would have known about it for some time [and therefore wouldn’t need to reschedule]. At this point, he’s seeking a 5K1 letter.

What’s that?

It’s a letter from prosecutors to the judge explaining that the facts might warrant a downward departure in the sentencing guidelines.

According to the letter Donaghy’s attorney, John Lauro, recently submitted to the court, he gave evidence against his buddies from home, but certainly they’re not big fish, probably not something that’s going to warrant a significant reduction.

Thanks for your time, Ed. This has been really helpful.

OK, thanks. I enjoyed our conversation.