Ex-Flyer avoids jail in gambling case

Former Flyers star Rick Tocchet avoided time in the ultimate penalty box yesterday when a Superior Court judge sentenced him to two years' probation for his admitted role in a multimillion-dollar sports-betting ring.

"I regret I was involved in this," the one-time hockey standout said before Judge Thomas S. Smith Jr. imposed sentence.

In May, Tocchet pleaded guilty to conspiracy and gambling charges, admitting he partnered with a New Jersey state trooper in a bookmaking operation that took millions of dollars in bets on professional and college football games between September 2002 and February 2006.

Each charge carried a maximum sentence of five years in prison, but under his plea agreement and because he had no prior criminal record, authorities had said Tocchet was not expected to receive any jail time.

His chief codefendant in the case, former trooper James Harney, was sentenced to five years in prison this month.

During yesterday's 15-minute sentencing hearing, Kevin Marino, Tocchet's lawyer, described his client as a "man of integrity" who had made a mistake for which he was sorry.

But Marino emphasized that Tocchet had never jeopardized the game of hockey.

"It seems like this is the season for sports scandals," Marino told the judge in a Mount Holly courtroom. "This is not a case where someone has compromised his sport or betrayed his fans."

Marino said it was "essential for the world to know" that the gambling case did not involve betting on professional hockey.

He also said that Tocchet had taken a "self-imposed leave" from his job as assistant coach with the NHL's Phoenix Coyotes after he was arrested because of his concern for the integrity of the sport.

Outside the courthouse after the hearing, Marino said Tocchet hoped to have a conversation with NHL officials about his status. Tocchet declined to comment.

As he has in the past, Marino chided the New Jersey State Police for their handling of the investigation, which had been dubbed Operation Slapshot.

Marino said the designation implied that there was betting on hockey, which was not the case. He also said investigators implied at the time of the arrests in February 2006 that there was an organized crime connection to the betting ring.

That, Marino said, also was untrue.

"Rick Tocchet was a man who for 18 years played hard . . . and played fair," Marino said of his client's career in the NHL. "To hear his name mentioned in the same sentence with 'Mafia,' 'organized crime,' 'mob' is . . . emotionally trying.

"Was it fair? I'm sorry, it was not. . . . This case was overstated from the beginning."

New Jersey Attorney General Anne Milgram, in a news release issued after the hearing, said the sentence "reflects the fact that Mr. Tocchet is a first-time offender."

"But make no mistake, he is paying a heavy price for his foray into the world of illegal bookmaking. He now must live with the stigma and consequences of being a convicted felon."

A third defendant in the case, James Ulmer, who played a minor role in the operation, is scheduled to be sentenced next week.

The state alleged that Tocchet financed a betting operation organized by Harney, and that Harney, among other things, took bets while on duty in his cruiser.

Authorities said the operation processed $1.7 million in bets during one 40-day period that included the 2006 Super Bowl and college bowl games.

They also alleged that on Jan. 1, 2006, the operation took 17 bets totaling $40,000 on professional football games from one customer.

The fact that the bookmaking operation did not involve professional hockey could help Tocchet avoid a ban from the NHL.

A league spokesman said yesterday's sentencing would pave the way for Robert Cleary, a former federal prosecutor hired by the league, to complete his independent investigation of the situation and submit a report to NHL commissioner Gary Bettman.

"Once the commissioner receives Mr. Cleary's report, it is probable that he [Bettman] will want to meet with Mr. Tocchet before making a determination," said Frank Brown, vice president for media relations of the NHL.

At his sentencing hearing on Aug. 3, Harney, 41, an eight-year veteran of the state police, described how he and Tocchet ran the bookmaking operation. He said Tocchet often supplied the cash to cover losses and that he routinely gave Tocchet "a bag of cash" from their profits.

Both Tocchet and Ulmer pleaded guilty after Harney agreed to cooperate with authorities a few months after his arrest.

Harney had to forfeit $700,000 in cash and property under his agreement, in which he pleaded guilty to conspiracy, promoting gambling and official misconduct. There was no mention of forfeiture in Tocchet's plea deal.

While authorities have never identified who placed wagers with the betting ring, sources have said regular customers included a recognizable list of professional athletes and celebrities, including former Flyer Jeremy Roenick and the actress Janet Jones, wife of hockey great Wayne Gretzky. Gretzky is the coach of the Coyotes, where Tocchet was his assistant.

Tocchet reportedly met Harney nearly 20 years ago while he was playing for the Flyers and Harney was working as a bartender in a hotel near the South Philadelphia sports complex.

Tocchet starred for the Flyers in the late 1980s and early 1990s. He was traded to the Pittsburgh Penguins during the 1991-92 season. His career also included stops in Los Angeles, Boston, Washington and Phoenix before he returned to the Flyers in 1999.

He retired as a player after the 2001-02 season. At the time, he was only the second player in NHL history to have both scored 400 goals and collected 2,000 penalty minutes.