- This has to do with sports? - Yes.
I put the money to the team. He runs the team.
It wasn't just, I'm gonna give you the money
and you go do with it what you want.
- I wasn't paid anything. - I fronted the money for the uniforms.
I didn't go to seven years
post-graduate school to discuss a pair of socks.
I don't care.
This is Judy Justice.
Jason Gabriel is suing his former friend, Lawrence Senior, Sr.,
for money he gave Lawrence to run a boy's basketball team.
Court come to order. All rise.
Have a seat everyone.
Hello Judge. Case 2167. Gabriel versus Senior.
- Thank you. - You're welcome.
Mr. Gabriel, it's always exciting for me when I find a case that I can't relate to
based upon my own personal experience.
- And this has to do with sports? - Yes.
And those people who know me know that I'm really an non-functioning
American when it comes to sports. I understand baseball but nothing else.
However, I have a little bit of experience with people.
So you have a son, that would be you. Could you stand up for a moment?
Who's tall... Now you can sit down.
And who likes to play basketball?
Yes, your honor.
And he's been playing basketball for a long time.
Well, most sports stopped at the start of the pandemic.
- And he was playing for a team? - Yes, your honor.
I know that I'm gonna get fuzzy on this eventually,
so far I'm holding up okay.
So he was playing for a team, the team closed down as did most other things.
And the pandemic is sort of winding down and sports are coming back.
And you wanted your son to play basketball
because this is your senior year in high school?
No, I'm a freshman in college, your honor.
Last year. So this happened last year?
Yes, I was a senior...
So this happened last year when he was a senior in high school.
And you wanted him to play because he enjoyed it,
and because he thought somebody would find him, a scout?
Mostly the enjoyment, but there's always a chance for the scout.
Okay, and you know, you're his father and fathers always think
that their sons are uber talented
and maybe can be one of those quiet self-starters
who turns out to be the hero on the basketball court.
I have a grandson who plays baseball
and he plays baseball pretty well, plays in college.
His father follows him around from one game to another
like it was a full-time job.
- I can relate to that. - It is.
Well, your son wanted to play. There was no team.
The defendant was a basketball coach who you knew?
- Yes, your honor. - Whose team was also...
Teams, those teams that he coached were also defunct because of COVID.
- So far correct Mr. Senior? - Yes ma'am.
So at some point you approached him and said, I'd love to start up
this team again because I would like my son to play ball.
He wants to play ball and nobody else is doing it that I know of.
What would it take to restart a team that could be part of a league
or play other teams, you know?
- Yeah, you're right. - You know.
- Is that close? - You're close.
- Close enough.
- Yes. - Perfect.
So you talked about an amount. Mr. Senior said,
"I can start the team up for $8,500."
Yes ma'am.
You who wanted desperately for your son to play ball his senior year said,
"I'm gonna give you the money."
You gave him $8,500, so far, correct?
- Uh, 8,200. - It's 8,500, your honor.
I have the check right here if you'd like it.
Okay, if you have the check cash it. So it's $8,500.
The team only played one game or one tournament?
No, it was actually four tournaments in total for that season that we played.
And how many are you supposed to play?
We had planned on six in total. One would be out of state or far away.
No, no, how many games were supposed to be played by your son's team
being coached by the defendant?
So a tournament could have three games.
So, and that takes over the course of a weekend-- a Saturday and a Sunday.
So?
- A tournament could be three games. - A tournament is three games?
Could be four as well if you're, if you're successful.
Okay, so you were supposed to have four tournaments?
We were supposed to have six tournaments and we did have four.
Okay. So you played most of the games?
- Yes. - And then the team was disbanded?
Yes.
For whatever reason, may or may not be relevant.
So how much money do you want back?
- You're suing him for $4,800. - Right?
Well, you know, math is my second non-strong suit.
Yep.
But if you paid him 85 and you played two thirds or three quarters of the games
that you were supposed to play,
why do you think you would be entitled to $4,800 back?
Because I also fronted the money for the uniforms.
Well that was spent. - And the graphics.
Well that was spent. - In addition to the $8,500.
I understand, but that was all spent.
The uniforms the players got.
Right. - Right. And they kept them?
The players kept some, and the defendant has the rest of them.
Okay. Do you want them back? - I do not.
Well, he'll give 'em to you back if you want them cause he's not using them.
How do I know that this is his team, his organization? He'll...
Just a second. - It's a non-profit company.
Okay. Let's deal with this slowly.
We are dealing with the math first.
Do you have-- Mr. Senior, do you have any of the uniforms?
No Ma'am. I never collected uniforms.
Did you have-- - He had sole possession.
- What? - He had sole possession of the uniforms.
- So you don't have any uniforms? - No, he's the one that handed them out.
Okay, did any of the players give them back to you?
No. None of them gave.
So you don't have any uniforms? - No.
He doesn't have any uniforms.
But your honor, it didn't cost $85 to run the team.
- Which is, that's my, that's my... - Just a second.
Not what we're talking about, sir. Your $8,500 went to have six tournaments.
- You had four tournaments, right? - Yes.
Whether or not you get your money back is a whole other thing.
But the uniforms were purchased, that you don't get back.
The advertising, graphics, were done, that you don't get back.
Whether it's for four or six.
- That was his team's name on it. - It doesn't matter.
What difference does it make?
Majority did not pay.
You have anything that requires that they pay in a contract?
Uh, that would be Coach Larry that he does.
And he passed out those to the kids.
No, he didn't put in $8,500, you did.
Jason Gabriel claims his former friend, Lawrence Senior, Sr.,
owes him money after they started a boy's basketball team.
Now, can you tell me why the tournaments were cut short, sir?
There was a number of reasons, your honor.
One of them was, uh, right from the start,
both me and my other son tried to discourage Mr. Gianni
about forming a team of that age group.
Okay. I don't wanna get back into that, sir.
You took his money, you played four out of the six tournaments.
How much were you paid to coach out of this $8,500?
I wasn't paid anything it's... Did you?
It's more of an administrative cost.
What administrative cost?
Uh, scheduling tournaments, gyms, gas,
transporting kids that didn't have rides.
More than half the team was not supported by their family.
At least one kid was homeless.
What? Was there an accounting that you asked for sir?
Yes, and that's my, that's was my initial response to coach Larry,
was yes, he told me $8,500 to start the team.
No, I'm asking you an accounting at the end of the day?
I asked him where the money went.
Like could he account for $8,500
in addition to $1,600 that other kids paid to play?
That's how I was gonna get my money back.
It wasn't just, "I'm gonna give you the money
and you go do with it what you want."
He told me it was $8,500 to start the team and I would get my money back.
Oh, from what source?
The kids pay to join the team.
Okay. How many people were on the team?
We had as many as, uh, 14, maybe 16, come through.
To try-outs, they didn't play.
I'm sorry.
- How you doing your honor? - How am I doing?
I've been better.
You're his son?
Yeah, I actually run the program with him.
- Yes. - Okay, good.
So how many young men were playing basketball?
On the team that you're talking about that's in question,
I believe there was as many as 10 to 12 that actually came.
The numbers vary because we're talking about 18 year old children
that come and go as they please.
They don't really want to be there.
18 year olds are maybe children to their parents.
They are not 18 year old children.
When it comes to this then, responsibility part. Yeah.
I don't know, I'm old I guess, they're children to me still. Sorry.
What I want to know is, did you have a contract with him?
- A written contract? - I did not.
You just said, "Here's your $8,500, and I'll get my money back
when the kids sign up and pay their dues."
How much do they pay each to join the team?
Coach Larry, um, set that number at $600 per player.
- Is that correct? - Yes ma'am.
Can we tell you where that number comes from?
Over the years, cause we've been doing this for over 20 years,
the cost-- the average cost to run a team for a full season.
We averaged it out to be about $600 per kid.
Because on a 10 to 12 man roster, 10 being the least you should have.
How does he make money?
We don't make money. I'm sorry.
- We Don't make... - So you don't make any money.
You just do this for the love of the sport.
He grew up in a basketball family. He's played basketball all his life.
I have. I've been in a sports family. My brother has and we just love sports.
So this is not a moneymaking operation?
Not at all. We probably put in more money than we made
or put out in the program. I'm sorry.
Go ahead sir.
Your honor, I coach uh, high school football.
Actually, his son goes to the school I coach.
So I was aware of him and I also coach baseball.
So I just don't, you know, you're not gonna make any money coaching new sports
if that's what everybody think.
Well, I'm just asking you.
No, no, I know that.
I'm just asking you cause there is a suggestion here
that some of that money was to pay you as coach.
And I just wanna know whether that is in fact correct?
Whether any of this $8,500 went to you?
Not directly, no. Some went to gas.
Indirectly to pay for gas and pick up...
It could be a car repair. I only had one car at the time.
Okay. Mr. Gabriel... - Me and my wife are retired.
Can you-- Mr. Gabriel, can you tell me if you have,
since you have no written contract.
You have no written contract requiring anything.
You're just supposed to start up a basketball team, which he did.
- I assume you played, is that right? - Yes, your honor.
And you played in four out of six tournaments.
Stand up next to your dad.
Did you play successfully?
I only played three out of the four tournaments.
That's reasonable.
That's, is that normal that members...
I don't even know how many people are on the basketball court at a time.
Five at a time.
- What? - Five at each team at time.
- Five? - So ten total, yes.
Well, if few had 10 to 12 kids, you what?
What? I don't know.
I just tried-- I tried to expose it to you before this case.
I tried to put it on tv. I made the...
So if I can back up to 2019.
We met coach Larry in 2019.
I didn't just pick him out of the blue net.
I didn't suggest that you picked him out of the blue.
- Mr. Gabriel-- - My son played for him in the past.
Mr. Gabriel, you don't look like the man that would give some stranger $8,500
to start up a team not knowing him.
Correct. Okay. I accept that.
I just don't understand that as a... Are you a business person?
I am. What kind of business are you in?
I'm a contractor.
Well, if you're a contractor. Yes.
That I know.
- You have contracts? - Absolutely.
The contractor has contracts. And the contract that you...
- Do you build homes or you build? - I remodel homes, yes.
Okay.
So the contracts that you do lay out with specificity, what you're going to do,
what the materials costs are, what the vig is, on it, you know,
within a certain amount, play.
But it lays out everything that you're going to do.
You are turning over $8,500 to the defendant
and there is nothing in there that suggests that with any specificity
what he has to do to comply.
He had to start a team, which he did.
- Right? - Yes.
Had to start a team, which he did. Where your son played.
- Yes. - Which he did.
There were supposedly six tournaments out of which four were successfully played.
And your son played in three of them, right?
Yes, your honor.
So you should have been happy somebody got a chance to see 'em if they...
Did anybody give you a basketball scholarship?
I do play Division Three basketball in Brooklyn.
Good for you. There you go.
Did somebody find you with one of these games?
- No. - How were you recruited?
I did, um, multiple showcases in, one in Connecticut in particular.
He's a good player, your honor.
He's a good player.
And so I was found through showcases that I did by my own.
Okay. But you played and that was good practice.
- It was good? - Yes.
I don't know why it was disbanded after four tournaments.
Do you? Do you?
Yes, there was multiple players who did not wanna play anymore
because they were verbally abused by the coach and they just were fed up.
And then there was other players that were let play for free
and people just thought that was unfair, so...
What do you mean with "let play for free?" What is it? Explain that to me.
That they were just let on the team without paying.
Oh, so some people were disturbed that some people paid to play
and some didn't?
Yes, your honor.
Do you have anything that requires that they pay in a contract?
Uh, that would be coach Larry, that he does.
And he passed out those to the kids.
No, I'm asking you for your-- he didn't put in $8,500, you did.
Here it says, "Used some fees to catch up on my mortgage."
- I assume that's your home mortgage? - Correct. After the season was over.
Well, you can't do that. You can't do that, sir.
Do you understand?
Jason Gabriel is accusing his former friend, Lawrence Senior, Sr.,
of owing him money after their boys' basketball team ended.
- Go ahead sir. - I put the money to the team.
He runs the team. I can't tell him how to run his team.
No, would you have a contract sir, that tells you what your $8,500
was to be used for and the expectation that you were going to get that money
returned to you via fees that were paid to each individual player?
That has to be it, and in the event that they don't pay, who's gonna pay?
Well, I do have a text message from the defendant saying,
"I did not use all the money. It did not cost $8,500..."
Okay. - "...And I will pay you back."
That's what I would like to see.
'Cause it was disbanded for whatever reason, all your reasons
sir, are hearsay.
- What is your first name? - Gianni.
Gianni, the reasons are hearsay.
Why people left? They didn't like to be yelled at.
They didn't like some people.
That's all stuff that I can't process as a jurist in my head.
All I know is this is a contract case.
So now he paid $8,500.
And did you, Mr. Senior, at some point say the "$8,500 hasn't been all used up
and I'll give you back some of the money?"
- No, I didn't. - Okay.
And this is also a text message saying he used it for his mortgage
and that he agreed to pay me $400 a month to pay back the...
Okay, coach, "Fees to catch up on my mortgage."
"Used some fees to catch up on my mortgage, at least $1,500.
And between operating costs there is roughly $2,400 left."
Correct. Oh, that's what you wrote to him?
Yeah, and I was willing to give him the money that the kids had paid up front.
No, no, no. There is roughly not the money
that the kids paid up front, sir.
You say to him in your text, after this was all over,
because I assume that this is all over after the team was...
- Correct. Yeah. - disbanded there is roughly $2,400 left.
"So I'm going to have to work out
sort of a payment arrangement if you don't mind."
Which means you didn't have the money,
but it was left over and you spent it on something else.
And it's here it says, "Used some fees to catch up on my mortgage."
I assume that's your home mortgage?
Correct. After the season was over.
Well, you can't do that. You can't do that, sir.
Do you understand?
Okay. Well, this acknowledges several things.
It acknowledges that he used $1,500 to catch up on his mortgage.
- Right? - Mm-hmm.
And that according to you and according to your son,
whether or not you took a fee for yourself,
paying your home mortgage is a fee.
- Do you understand that, sir? - I do.
All right. So...
- I sure do. - You sure do.
So $1,500, did you pay him back for $1,500?
No. It's at that point...
No. No. The answer is no.
And you said even after the $1,500 that you used to pay your home mortgage,
there was still $2,400 left.
That's what you said in here. That's a yes.
Yes, ma'am.
Well then you add 24 and 15 is 0, 0, 9...
- Is $3,900. - Yes.
Even my rudimentary math suggest to me that that is a merit number.
That's minimally what you owe him.
Your mortgage payment and the $2,400 left.
- You're suing him for $4,800. - Right.
This acknowledges 39. Absolutely.
Prove to me anymore.
So I went back to, um, Mr. Senior and I said, I didn't necessarily believe
that it costs $5,500 to run the team.
I said, "So therefore you owe me $5,000."
I said, "You need to either get a loan and pay me back,"
or, he said, "I can't get a loan, I can give you $400 a month.
I'd like to see the exchange.
- I said, if you're gonna give me... - I'd like to see the exchange.
Just cause you said, I think it's $5,000.
And this is where he says, "I'd like to pay you back."
This doesn't say anything about $5,000.
And this is where I told him that he misappropriated money
that was owed back to me. And that was his response.
Just because you said it, he doesn't acknowledge here in his answer
that it's $5,000.
Silence cannot be construed as acknowledging $5,000.
Even the math doesn't fit in.
You played more than half the tournaments. So...
Can we see how much the tournaments cost then, please?
No, I'm not bothering. That's nonsense.
Put something in a contract.
You're a contractor. Have a contract.
- Right now he owes you $3,900. - And not for the uniforms?
No. - That has his team?
No. He says he doesn't have the uniforms.
- Okay. - And I didn't go to seven years
post-graduate school to discuss a basketball uniform.
A pair of shorts and a pair of socks. I don't care.
The uniforms are $1,000.
Well, then somebody's overpaying for a pair of shorts.
$3,900, judgment for the plaintiff. Thank you very much. We're finished.
Thank you. Court is adjourned.
I think it was unfair.
I'm glad she ruled somewhat in my favor.
- Because he sponsored a team. - And yes, did I do it for my son? I did.
But there was 11 other young men that I did it for.
Fighting amongst each other,
poor discipline, and the lack of, uh, financial support from the kids.
When you have a group of 18 year old young men and you don't practice
and you don't kind of reel 'em in and show them that you're the coach,
and that you run the team, it can get a little hairy.
- It is what it is. - I did what I did for these young men.
Sometimes it works out, sometimes it doesn't.
Me and Jason are friends. I don't think this will deter it.
Always have contracts.
Okay, so I know that when we got the paperwork on this case
that you really tried hard to give me--
to give me a rudimentary lesson in basketball.
I did. Those years managing in high school really paid off today.
- So, I learned a lot. - That's right. You managed.
I did a basketball team, so I know a little bit about AAU.
A lot of the kids that played at the school that I went to
had previously played on AAU teams, so I kind of get...
- What's AAU? - Oh, Amateur Athletic Union. AAU.
- I never would've figured that. - Me neither.
So they played on a lot of AAU teams before coming to high school.
So I know a little bit about the structure.
And when I read it, it's a nonprofit organization
that kids play in to get exposure,
hopefully to move up to the next level of basketball.
But to me, I read it as he was sponsoring the team for $8,500.
Sort of like how you see in little league.
You know, Johnny's Pizza across the front of the...
Yeah, that wasn't, that wasn't...
But this seemed like a different type of setup.
And to go through the coach directly, I'm not sure the very specific structure
of who gets paid and who doesn't, who sponsors and who doesn't.
But definitely paying your mortgage out of an $8,500
that was meant to start a team seems a little outside.
Yeah, well it's outside the box, especially since both
he and his son said that they do this without compensation.
Well, you don't have to take money and put it in your pocket.
If you take money out of that account and pay your personal mortgage,
that's getting paid. It was not a difficult case.
And the text messages made the whole thing a lot easier.
Now I know that there are five people on a court for a basketball team.
Yeah.
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