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serving the community and others, and despite a history of pranks and misguided practical jokes,

he is a peaceful man who is not aggressive or confrontational in any way.

Many people can attest that Mr. Arenas has these defining traits. Besides undersigned

counsel — who so attested in the Pre-Sentence Report (PSR)1 — countless individuals have

called and/or written with their personal stories about Mr. Arenas, experiences ranging from

brief encounters in which Mr. Arenas was generous with his time and attention, to long-term

friendships that demonstrate the full depth of his loyalty and character. This input has been

uniformly positive and supportive, and paints a picture of a man who is somewhat off-beat, but

fundamentally very decent and unfailingly kind to others.

The following memorandum attempts to capture that input and the character of the man

who will be standing before Your Honor for sentencing on March 26. This character portrait is

based on the letters we have received from those whose lives have been touched by Mr. Arenas,

and their words are woven throughout the text.

II. MR. ARENAS’ CHARACTER

Mr. Arenas’ character has been forged over a lifetime that has seen both its share of

challenges and disappointments as well as a surprising number of obstacles overcome and

expectations exceeded. These experiences have taught him the value of hard work and

determination and the importance of family and community. As a result, he is surprisingly

grounded, especially given the extraordinary life he leads as a superstar basketball player.

Indeed, Mrs. Frances Weekes, the Community Supervision Officer from the Court Services and

1 See Presentence Report (PSR) at 7-8 (Defense Attorney’s Statement) (Ex. 56). The exhibits cited herein are attached to the accompanying Declaration of Jeffrey S. Nestler in Support of the Memorandum in Aid of Sentencing.

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Offender Supervision Agency (CSOSA), attests that Mr. Arenas is a “quiet and polite individual”

who does not “display the swagger and personality of someone of his acclaim.”2

A. Mr. Arenas’ Background

Mr. Arenas was born in Tampa, Florida, and spent his early childhood in Miami. He was

raised by a single mother for the first three years of his life, until she fell victim to a narcotics

habit. His father, Gilbert Arenas, Sr., then took custody of his son, and Mr. Arenas has not had a

relationship with his mother since. His father raised him in Tampa until he was seven years old,

at which point he and his father moved to Los Angeles, where his father worked odd jobs while

pursuing his dream of being an actor. For a period after arriving in Los Angeles, Mr. Arenas and

his father spent time living in a car, and as a close friend explained, Mr. Arenas’ childhood was

“riddled with a lot of uncertainty.”3

1. Mr. Arenas’ Humor

The challenging circumstances of his childhood had two primary effects on the shaping

of Mr. Arenas’ personality. First, it caused him to turn to humor as a way of deflecting the more

negative aspects of life. Mr. Arenas’ father explains that his son has always been “very fragile in

a lot of ways; he just laughs and smiles to hide the pain.”4 Echoing that theme, a close friend

explains that “[h]e has been through a lot of hurt in his life, stemming from a poverty-stricken

childhood that followed his mother abandoning him and he’s developed a shield from it all by

making people smile.”5 Mr. Arenas “was always a jokester that learned to laugh away the

2 PSR at 17. 3 Letter of Alana Beard, a player for the WNBA’s Washington Mystics who is Mr. Arenas’ friend and colleague (Ex. 3). 4 Letter of Gilbert Arenas, Sr. (Ex. 2). 5 Letter of Dave McMenamin, a journalist for ESPN, who has gotten to know Mr. Arenas well over the past four years (Ex. 22).

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pressure,”6 a trait that followed Mr. Arenas into adulthood and played a role in the misguided

prank he played at the Verizon Center last December.

2. Mr. Arenas’ Determination to Exceed Expectations

His early experiences also instilled in him a degree of “strength, resilience and belief in

himself [that] lifted him through the[] struggles” of his childhood.7 Throughout his childhood

and his basketball career, Mr. Arenas has used a combination of grit and determination to rise

above the modest expectations that others have placed on him. As Mrs. Weekes of CSOSA

explained, Mr. Arenas “had the fortitude to overcome the obstacles he encountered during his

upbringing [to] become successful.”8 That assessment is borne out by the series of exceeded

expectations that have defined Mr. Arenas’ basketball career, from his freshman year in high

school to today.

When he failed to secure a starting position on the junior varsity basketball team, Mr.

Arenas convinced his father to move to a new school district, where he excelled as the star of the

Grant High School basketball team. Following high school, Mr. Arenas was again

underestimated when the local college basketball powerhouses, USC and UCLA, showed no

interest in recruiting him. Mr. Arenas instead attended University of Arizona on a basketball

scholarship, an opportunity that was available to him only because another player backed out of

his commitment.

Given Arizona’s status as a perennial NCAA powerhouse, several people warned Mr.

Arenas that he could not measure up against the other players and would end up playing “zero

minutes.” For inspiration, Mr. Arenas chose the number 0 for his jersey, and he quickly became

6 Letter of Sean Abbananto, the founder of leadership-training company Empowered for Life who was friends with Mr. Arenas as a teenager (Ex. 1). 7 Letter of Alana Beard (Ex. 3). 8 PSR at 17.

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a stand-out player on the squad. He was named the most valuable player of the preseason NIT

tournament in his freshman year, led the Arizona team in scoring during his sophomore year, and

took the squad to the championship game of the NCAA tournament at the end of that season.

After two years at Arizona, Mr. Arenas entered the 2001 NBA draft. He was passed over

in the first round and was not selected until the Golden State Warriors took him with the thirty-

first pick. Again, the low expectations of others fueled Mr. Arenas’ drive to succeed, and he

ultimately proved them wrong when he became the first player from his 2001 rookie class to be

chosen as an NBA all-star.

After spending much of his first season with the Warriors on the injured list, Mr. Arenas

emerged as a star of the team in his second season and won the league’s most improved player

award. After signing with the Washington Wizards in 2003, Mr. Arenas was selected as a

reserve player for the NBA all-star game in 2005, but was disappointed in 2006 when the Eastern

Conference coaches failed to vote him in,9 and he played only as a substitute for an injured

player. Once again, however, his disappointment fueled his drive to succeed, and he excelled

during the 2006-2007 season, ultimately being selected as a starter for the 2007 all-star game.

After the 2007-2008 season, Mr. Arenas re-negotiated a new, six-year contract with the

Wizards. He negotiated his contract without the assistance of an agent, something unheard of in

the NBA for a player of his stature. Significantly, he accepted a salary of about 8% less than

what the Wizards originally offered, so that the team would have more space under its salary-cap

to sign other players and build a squad that could contend in the playoffs.

9 For the all-star game, each conference’s five starting players are selected by fan ballot, while the seven reserve players are selected by the coaches in the conference.

6

B. Mr. Arenas as Friend and Father

Mr. Arenas’ upbringing also instilled in him an appreciation for the importance of family

and friends. He is universally described as a “family man,”10 a “hands-on dad,” and a “loving,

doting father”11 to his three young children — daughter Izela Semaya (age four), son Alijah

Amani (age three), and daughter Hamiley Penny (age four months) — whom he raises with his

fiancée, Laura Govan, at their home in Great Falls, Virginia. He insists on taking his children to

school whenever he is not travelling, and when he talks about his kids — which is often — “you

can’t help but see the feelings of love and joy in his eyes.”12

Mr. Arenas’ days revolve around spending time with his children, working out and

playing basketball, and performing regular-guy tasks like doing household chores and running

errands. He is the rare superstar athlete who shies away from the fast-lane lifestyle and who is

more likely to be seen pushing a shopping cart at Costco (where a friend of undersigned counsel

recently told me she saw and chatted with him) than hitting trendy restaurants or clubs. While

Mr. Arenas certainly has the resources to live a much faster life, that is not the life for him.13

Mr. Arenas is universally known as “regular, normal and unassuming.”14 The press

routinely remarks on his “everyman accessibility,”15 and those who work with him know him as

a “real person” with real emotions who is able to “truly connect[] to people.”16 Mr. Arenas does

10 Letter of Willie Stafford, a professional chef who has interacted extensively with Mr. Arenas over the past ten years, away from the public spotlight (Ex. 30). 11 Letter of Lester Knispel, Mr. Arenas’ accountant (Ex. 18). 12 Letter of Rob Suller, the Wizards’ equipment manager and Mr. Arenas’ good friend since 2003 (Ex. 31). 13 Indeed, in reporting that Mr. Arenas has almost no risk of substance abuse, CSOSA notes that he has never used illegal drugs and has not had a drink of alcohol in three years. See PSR at 16. 14 Letter of Alana Beard, a player for the WNBA’s Washington Mystics who is Mr. Arenas’ friend and colleague (Ex. 3). 15 Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006 (Ex. 43). 16 Letter of Dustin Canalin, the founder of a design company who has worked with Mr. Arenas on

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not carry the sense of entitlement exhibited by some other successful athletes, and he has not

forgotten where he came from and how much he owes the community that supported him.17

Those who know Mr. Arenas well describe him as “kind and thoughtful,”18 “gentle” and

“humble,”19 “nice” and “optimistic,”20 and “well mannered” and “respectful.”21 Mrs. Weekes of

CSOSA found him to be a “responsible father and a considerate and giving young man with a

big heart.”22 One professional writer confesses that while “‘good’ and ‘nice’ and ‘kind’ aren’t

the type of descriptive words that I typically get paid to use as a sports writer, . . . it’s that simple

with [Mr. Arenas].”23 It is this grounded, “everyman” approach to life that has allowed Mr.

Arenas to connect so strongly with our community over the years.

C. Mr. Arenas’ Concern for Others

Mr. Arenas has long been known for his charitable efforts and his willingness to help

those in need. In fact, the NBA singled him out for exceptional community service in 2005

when it awarded him the NBA Community Assist Award, which is presented to the one player in

the league whose charitable activities most “reflect[] the passion that the league and its players

marketing projects (Ex. 6). 17 See Letter of Sean Abbananto, who was friends with Mr. Arenas as a teenager (Ex. 1) (writing that even though Mr. Arenas had become successful, “he was still the same humble Gil I had met in 1997”); Letter of Robert Drosman, one of Mr. Arenas’ childhood basketball coaches (Ex. 9) (“Despite his success and fame, Gilbert has remained down to earth and has rejected the ‘gangsta’ persona so prevalent in young athletes.”). 18 Letter of Judge Karen Friedman of the Orphan’s Court for Baltimore City, whose family has become very well acquainted with Mr. Arenas through his charity work (Ex. 11). 19 Letter of Timothy Law, who has worked extensively with Mr. Arenas on marketing projects (Ex. 19). 20 Letter of Wickel Donohue, an event organizer who has gotten to know Mr. Arenas well over the past six years, both inside and outside of the spotlight (Ex. 8). 21 Letter of Sylvia Marlene Jones, a Washingtonian who has served a surrogate mother for Mr. Arenas (Ex. 15). 22 PSR at 17. 23 Letter of Dave McMenamin, the ESPN journalist (Ex. 22).

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have for their communities.”24 And CSOSA found that he “is a very generous philanthropist

who also gives his time and from his heart to those in need.”25

Since his arrival in the Washington area in 2003, Mr. Arenas has devoted himself to

improving the lives of others, from donating funds to charitable foundations to volunteering to

spend his time with sick and underprivileged children. Many have written about Mr. Arenas’

penchant for community service, explaining that his “life goal” is to “constantly turn lemons into

lemonade,”26 and that he “just basically wants a smile on everyone’s face and that would make

his day.”27

It is the human element of his work in the community that Mr. Arenas most appreciates.

While he could easily give money to a pediatric cancer charity (and he does), he prefers to go the

next step and meet with the kids in person. He wants to connect with these young patients —

and all of his young fans — so that they to get to know him as a person, rather than simply as a

distant sports-star idol. As he has explained, “I don’t want to be the superstar they latch onto, I

want to be the person they latch onto.”28

Those who have seen Mr. Arenas’ charity in action uniformly note that he gives to others

out of genuine desire, not out of obligation or an attempt to garner good press. Judge Karen

Friedman of the Orphan’s Court for Baltimore City confirms that Mr. Arenas’ numerous

charitable activities “are not things that he has to do, [but] things he wants to do.”29 She knows

24 NBA, Press Release, “Arenas Receives NBA Community Assist Award for August,” Sept. 9, 2005 (Ex. 55). 25 PSR at 17. 26Letter of Dave McMenamin (Ex. 22). 27 Letter of Arnie Mcallister, a young man whom Mr. Arenas mentors following the loss of his family in a fire (Ex. 21). 28 Liz Robbins, “Playing With a Gleam in His Eye,” N.Y. Times, Jan. 5, 2007 (Ex. 45). 29 Letter of Judge Karen Friedman (Ex. 11). Judge Friedman has witnessed Mr. Arenas’ “commitment to improving the plight of inner-city youth” and his “generosity — both of time and funds, and the general

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from first-hand experience that “[g]iving back has real meaning to him. He takes it seriously and

is committed to doing all he can to help those less fortunate.”30 Mr. Arenas spends time

volunteering “not to get a feel-good article in the Washington Post but because he sees it as a

right and responsibility to give back to a city that has given him so much.”31 Indeed, Mr. Arenas

is the rare celebrity who not only makes charity a priority, but who “bring[s] a human element of

motivation to it.”32 According to the violence-prevention organization Peaceoholics, none of the

many NBA and NFL players in the Washington area have “done anything close to what Gilbert

Arenas has done for our community.”33

1. Community Service

The following are among the types of community service that Mr. Arenas has rendered:

Barry Farms. Mr. Arenas has donated significant resources to the Goodman League at Barry Farms, a non-profit basketball organization dedicated to lifting individuals out of poverty and violence. In addition to financing new outdoor basketball courts with lights and bleachers, Mr. Arenas has frequently played in exhibition games at Barry Farms.34 His regular appearances provide a source of inspiration for local residents35 and have helped “eliminate the negative stigmas that our community cannot be safe.”36 Mr. Arenas participates in the Goodman League because, in part, many residents of Barry

way he conducts himself — both in uniform and out of uniform.” Id. 30 Letter of Judge Karen Friedman (Ex. 11). 31 Letter of Will Sherlin, who has “unique insight into Gilbert’s character” from editing his autobiography (Ex. 29). Mr. Sherlin “know[s] that he has been a positive influence on untold legions, myself included, away from the spotlight.” Id. 32 Letter of Dave McMenamin (Ex. 22). 33 Letter of Ron Moten, a co-founder of Peaceoholics (Ex. 23). 34 Letter of Miles Rawls, a federal police officer with the Department of Homeland Security who runs the Goodman League (Ex. 27). Mr. Arenas’ generosity to Barry Farms was unsolicited, and residents of Barry Farms confirm that Mr. Arenas has changed their lives and positively impacted the “Metropolitan community with his love and generosity.” Id. Mr. Rawls, who knows Mr. Arenas well, confides that he has a “kind heart”: “He does not like to see others go without . . . [and] he has done nothing but reach out to the kids in the Metropolitan area.” Id. 35 Indeed, Washingtonians admire Mr. Arenas’ “readiness and willingness to go into the lowest of income areas — Barry Farms — to play basketball with the youth.” Letter of Sylvia Marlene Jones, one of Mr. Arenas’ surrogate mothers (Ex. 15). 36 Letter of Ron Moten of Peaceoholics (Ex. 23). Mr. Moten “watched him open his heart up to our city.” Id.

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Farms cannot afford tickets to a professional basketball game. Mr. Arenas was never able to afford tickets to an NBA game as a youngster — and did not attend his first NBA game until after he was already drafted by the Warriors — and he believes it is empowering for youths in Barry Farms to see NBA players on the local courts.37 Zero 2 Hero Foundation. Mr. Arenas founded the Zero 2 Hero Foundation in 2005 to support organizations that aid in the preservation of families through foster care, adoption, and child welfare services and that help the homeless. Through this foundation, Mr. Arenas has undertaken several other charitable activities, such as partnering with Beyonce’s Survivor Foundation to do a pre-concert canned food drive on behalf of the Capital Area Food Bank and donating to “Wizards Care,” the charitable arm of the Wizards. Scores for Schools Program. Mr. Arenas also established the Scores for Schools program, which raises money for schools in the Washington area. Mr. Arenas donated nearly $350,000 for public schools through this program, in which he pledged $100 for each point he scored in the 2006-2007 and 2007-2008 seasons. In these seasons, Wizards team owners Irene and Abe Pollin agreed to match Mr. Arenas’ contributions. And for the 2008-2009 season, Mr. Arenas increased his pledge to $150 per point (for himself or his highest-scoring teammate). This generosity had a marked impact on the schools and their administrators. As one elementary school principal explained, “not all persons who have the financial means have the heart to give back to the community the way Mr. Arenas did to help our school.”38 Make-a-Wish Foundation. Mr. Arenas has donated his time to the Make-a-Wish Foundation, including recently providing 11-year-old Brent Johnson an all-access pre-game tour and several autographed items.39 Hannah House. Mr. Arenas regularly donates his time and goods to Hannah House, a transitional facility for homeless women and their children. Mr. Arenas has “reached out to [these women and children] and helped make a difference.”40 His “kindness has brought smiles to these children’s faces that will last a lifetime.”41 “Hoops for the Homeless.” Mr. Arenas partnered with Magic Johnson and Freddie Mac’s “Hoops for the Homeless” to raise $600,000 to combat homelessness in the D.C. area.42

37 Letter of Paisley Benaza, Mr. Arenas’ good friend and business manager (Ex. 4). 38 Letter of Roy Settles, principal of Judith A. Resnick Elementary School (Ex. 28). 39 Wizards Care, Press Release, “Gilbert Arenas to Host Private Meet-and-Greet Through the Make-A-Wish Foundation,” Dec. 3, 2009 (Ex. 56). 40 Letter of Charlyne Braxton, Hannah House’s outreach coordinator (Ex. 5). 41 Letter of Charlyne Braxton (Ex. 5). 42 Freddie Mac, Press Release, “Freddie Mac’s Hoops for the Homeless Nets $600,000 to Help Fight Family Homelessness in DC Area,” Sept. 13, 2008 (Ex. 53).

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NBA Fit Program. Mr. Arenas has served as a spokesperson for NBA Fit, a program sponsored by the NBA that raises awareness of physical fitness and nutrition to fight childhood obesity. Through the NBA, Mr. Arenas teamed up with the U.S. Department of Health & Human Services, the Advertising Council, and the Boys & Girls Clubs of America to stress healthy living and encourage young Americans to get in shape.43 Bright Beginnings. Bright Beginnings, a nonprofit organization that serves children without homes in Washington, has received significant support from Mr. Arenas over the years. Mr. Arenas has earned the respect of the social workers at Bright Beginnings as a man who has a “compassion and commitment to the community [and] who gives back and does not look for accolades or praise.”44 Peaceoholics. When Peaceoholics was looking for assistance to help put inner-city youths on the right track, Mr. Arenas did not hesitate to contribute his time or his money. He donated 1000 pairs of sneakers and 1000 NBA jerseys — and assisted handing some of them out to students — to support Peaceoholics’ efforts to help students at Anacostia, Ballou, and Cardozo high schools make the right choices in life.45 AAU Basketball. After receiving requests from league players, Mr. Arenas generously donated not only merchandise and Wizards tickets to the players of a youth Amateur Athletic Union (AAU) league, but also his personal time and attention. “[W]hat most impressed me as the team manager and as a mother of one of the players, was that Mr. Arenas took the time to meet and speak to every player on our team. I can not express to you what that meant to our boys.”46 While the players in the AAU league are aware of Mr. Arenas’ serious lapse in judgment last December, “they all remember his actions last year and how kind and generous he was to them.” 47 Georgetown University Hospital. When Mr. Arenas was informed that he was the favorite player of a young cancer patient at Georgetown University Hospital, he sent the patient autographed shoes and other memorabilia and later met with him at a charity event. The young patient was enthralled by Mr. Arenas “and his work in the community” and appreciated that “he was such a great role model.”48 Harold Pump Memorial Foundation. Mr. Arenas provides support for the Harold Pump Memorial Foundation, which is devoted to career treatment and prevention. “Through ten years of our foundation’s existence, Gilbert is to this day the only celebrity or professional athlete to donate, despite the fact that hundreds of celebrities have attended

43 NBA Cares, Press Release, “Small Steps Video Contest: Encouraging Young People to Get Healthy,” Nov. 12, 2008 (Ex. 54). 44 Letter of Tamara Perez, Bright Beginnings’ head social worker (Ex. 24). 45 Letter of Ron Moten, the co-founder of Peaceoholics (Ex. 23). 46 Letter of Tara Jones, the manager of a youth boys AAU basketball organization (Ex. 16). 47 Letter of Tara Jones (Ex. 16). 48 Letter of Linda Kim, a certified child life specialist at Georgetown University Hospital (Ex. 17).

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our events through the years.”49 Besides donating money, Mr. Arenas has personally attended several Foundation events and facilitated introductions to other benefactors.50 Hurricane Katrina Donations. A typical story about Mr. Arenas is his reaction when he heard that the victims of Hurricane Katrina were in need of supplies. He gathered up several friends, went to Costco and purchased several carloads of goods, and led a caravan from Costco to the D.C Armory to personally deliver them.51 He then met with victims of the hurricane to hear their stories and provide his support.

2. Individual Acts of Charity

In addition to these organized charitable efforts, Mr. Arenas routinely lends a helping

hand to individuals who are suffering or are less fortunate. We would like to describe three

particular examples where Mr. Arenas has reached out to help a suffering child.52 In the first

instance, Mr. Arenas stepped in as a positive male role model for two young boys after their

father was murdered. Their mother, Stacey Oxner Gail, described what happened after her older

son told the police that his one wish was to meet Mr. Arenas:

Gilbert greeted my family with a big smile and hugs like we were part of his family. Gilbert personally introduced us to all of his teammates, took pictures with us and gave us signed autograph jerseys and a basketball. During the 2005 and 2006 season Gilbert provided my family with tickets to all weekend home games. During these games both of my sons were given the privilege to sit at the end of the Wizards bench. This experience of sitting on the bench not only was something to take their minds off of our family’s loss but allowed them to meet another child Gilbert was helping through a tragedy in which he lost a parent. Gilbert’s ability to bond these three young black males that suffered similar tragedies was a propelling force during their period of accepting a life changing event. Gilbert made them feel welcome and a part of

49 Letter of Dana Pump, who runs the Foundation (Ex. 26). 50 Letter of Dana Pump (Ex. 26). According to Ms. Pump, “never has he done anything to cause me to question his magnanimity or generosity of spirit.” Id. 51 Letter of Leslie Pinkston, a special assistant to former Mayor Anthony Williams, who got to know Mr. Arenas well from all of his charitable work with the District (Ex. 25). 52 Importantly, while some of these efforts were publicly known, many were done without any press or fanfare. Mr. Arenas, for all of his oversized personality on the basketball court, often prefers not to draw attention to his work in the community, especially work involving children. It is a testament to their feelings about Mr. Arenas that some of these families were willing to write to Your Honor and allow their names and stories to be publicly heard for the first time.

13

the Wizard’s basketball family despite his developing superstar status. An example of his effort to make them feel welcome was shooting around with them during pre-game or even a simple high-five. This allowed them to be close to Gilbert a[nd] know[] a professional man that their late father respected and now they got to spend time with. Gilbert has had a major impact on my famil[y’s] grieving process through acts of emotional support and thoughtfulness. Always greeting us with a smile and being able to interact with my two sons during their pre-teen and teenage years without having their dad. This is a time where they really need male influences and Gilbert has been someone they look up to and enjoy being around. Gilbert’s kind heart to spend time with my sons has been a major part of them healing. They will be forever connected to Gilbert the man first and the basketball player second.53

In the second instance, Mr. Arenas was notified that a young man named Andre “Arnie”

Mcallister had lost his house and his family in a tragic fire. “In a matter of moments Gilbert had

arms around Arnie and has never left him since. Maybe this was Gilbert’s way of trying to make

sure this young lad’s life without a mother was not like his.”54

He assured that little boy, who had no hope and no family that he would always be there for him and that he would never have to worry about food, clothes, or shelter. You might say, no big deal. Gilbert has the financial resources; but the big deal was [that] Gilbert truly comforted this little boy in his darkest day, he was there with him, playing video games and helping this little boy return to some sense of normalcy. No one ever asked Gilbert to do any of the aforementioned good deeds; Gilbert did these things and thousands of other acts of kindness because he cares about others.55

Mr. Mcallister himself explains Mr. Arenas’ supportive role: “I didn’t want to see a

therapist but when he came to visit, he was my therapy. He was just so nice. I mean like how

53 Letter of Stacey Oxner Gail (Ex. 12). 54 Letter of Sylvia Marlene Jones, a Washingtonian who has served as Mr. Arenas’ surrogate mother (Ex. 15). 55 Letter of Leslie Pinkston, former Mayor Williams’ special assistant, who witnessed Mr. Arenas’ interactions with Arnie Mcallsiter (Ex. 25).

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could you just meet two young boys [Mr. Mcallister and his cousin] and treat them like you had

known them since birth?”56 Mr. Mcallister’s life has been forever changed since Mr. Arenas

took him on as his “little brother.”57

Rob Suller, the Wizards’ equipment manager, has worked closely with Mr. Arenas over

the past seven years and eloquently recounts a similar experience he had with Mr. Arenas:

My daughter Jenna is my oldest at 5 yrs of age. Jenna was born with an extremely rare genetic condition called Angelman Syndrome. Although its not life threatening she will need 24hr care for the rest of [her] life. She suffers from seizures and is severely mentally impaired. She will never be able to talk and at 5 yrs of age still can’t walk independently. Jenna will never be able to live independently. As you can understand having a special needs child is not only emotionally but also very financially hard to do. Gilbert has shown caring and compassion beyond what myself and my family could ever thank him enough for. In May of 2007 Gilbert gave my family his entire portion of the team’s playoff bonus in order to buy a mini van to help accommodate the special transportation needs of my daughter. In the summer of 2009 Gilbert again helped financially to make sure my entire family was able to attend a week long bi annual conference for Angelman Syndrome families in Orlando Florida to learn about a full spectrum of therapies, medical advancements, treatments, and more for the well being and future for my daughter. Gilbert made it possible for my entire family including myself, my wife Amanda, my son Jaden, my daughter Jenna, and my mother in-law Joan to all attend this week long conference. Gilbert insisted that it was very important that everyone involved in Jenna’s daily care go and learn as much as possible about Angelman Syndrome to provide the best family care for her. Gilbert is constantly asking about my daughter checking to see how’s she is doing and if she needs anything. Gilbert has been a true friend to me and my family.58

56 Letter of Arnie Mcallister (Ex. 21). 57 Letter of Arnie Mcallister (Ex. 21). Mr. Mcallister believes that “when you are talking about Gilbert Arenas, you have to look at what he has done for the Washington DC community, the schools and more than that. There is a lot that he didn’t have to do but he knew that if he got involved, it would change for the better.” Id. 58 Letter of Rob Suller (Ex. 31).

15

As is evident from all of these examples, Mr. Arenas is personally invested in his

charitable efforts. He does not merely purchase new basketball hoops and lights for the inner-

city courts at Barry Farms; he plays in exhibition games on the courts. He does not simply write

a check to help the victims of Hurricane Katrina; he personally goes to Costco to buy supplies

and then leads a caravan to deliver them. He does not just buy new clothes for a child who has

lost his family and his home in a fire; he takes the child under his wing as a little brother.

3. Kindness to Strangers

This face-to-face kindness can be seen, not only in his charitable acts, but also in all of

his daily interactions with others. As reporter Mike Wise aptly observed, apart from Mr. Arenas’

formal charitable activities, “it is his day-to-day encounters with his fans — five- or 10-minute

segments of his time and generosity — that separate Arenas from most of his fellow players.”59

One letter writer — a complete stranger to Mr. Arenas — described approaching him

when she and her son happened to see him walking in the neighborhood and asked him to sign a

basketball for a charity auction.60 True to form, Mr. Arenas quickly agreed and went so far as to

fetch and sign a new pair of shoes and a photograph as well. As she explained, “[t]here is

certainly much to admire in Mr. Arenas’ athletic ability and prowess on the basketball court.

However, there is more to admire in his character and humble demeanor. . . . We try to teach our

children to give and to help and, again, Mr. Arenas modeled that wonderfully for my son.”61

59 Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007 (Ex. 50). 60 Letter of Susan Crooks (Ex. 7). 61 Letter of Susan Crooks (Ex. 7). In another example, when Mr. Arenas leapt at the chance to help a high school student raise money to pay for college, the student “was in shock that a professional athlete in this day in age would do such a thing, for a normal kid.” Letter of Jared Levi (Ex. 20). “In the sporting world today, an overwhelming percent of players have forgotten about the fans, and in some ways idolizing themselves, but this isn’t true for Gil. Gil single handedly changed my life, not only by helping me pay for college, but also giving me the support to continue on with my aspirations.” Id.

16

In fact, since undertaking our representation of Mr. Arenas, undersigned counsel have

heard from many colleagues and friends who have had positive interactions with Mr. Arenas

over the past several years. For instance, one of our colleagues reported that he saw Mr. Arenas

and his children at Chuck E. Cheese’s restaurant last fall. When he approached, Mr. Arenas

focused his attention on the attorney’s children, signed autographs, and talked basketball with

them for about ten minutes. Another friend recounted how he and his family ran into Mr. Arenas

at Hoops for the Homeless a couple years ago and how exceptionally kind Mr. Arenas was to his

daughter. This openness and warmth toward others has frequently been evident throughout the

course of our representation of Mr. Arenas. The most striking example was on the day of his

guilty plea — a day of significant anxiety and deep regret for Mr. Arenas — when he graciously

stopped to chat and agreed to have photos taken with everyone else who was waiting for

interviews at CSOSA.

D. Mr. Arenas as a Role Model

Mr. Arenas understands the responsibility that comes with his position, and he uses his

fame to encourage children to strive to succeed. Given the adversity and challenges in his

background, he has the credibility to spread the message that kids can overcome any obstacle

with hard work and perseverance. With his public persona as the underdog — the “zero” — he

shows kids that they too can go from being “Zero to Hero” if they put their minds to it. He “sets

a great example, through drive, determination, dedication, and teaching his children to be all that

they can be, but that nothing comes easy, it’s all due to hard work.”62 His power as a positive

62 Letter of Lester Knispel, Mr. Arenas’ accountant, who has seen Mr. Arenas lovingly look after his children (Ex. 18).

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role model “draws on his upbringing to establish central themes of resiliency, the importance of a

tireless work ethic, and learning how to use life experiences to become a stronger person.”63

This message has resonated among many young fans in this region over the past seven

years. They have always “liked him because he told the story of how he was labeled a zero and

became a hero by overcoming challenges along the way.”64 One Virginia high school student,

for example, wrote in a school essay that Mr. Arenas is “a person who has had significant

influence on [her life]” because he inspired her to try out for her high school basketball team

even though she is an observant Muslim who wears a head scarf.

Mr. Arenas understands that he has jeopardized his status as a role model to the kids of

D.C. He “realizes he made a mistake that not only damaged his reputation, but more

importantly, may have damaged his image in the eyes of the many young players who look up to

him.”65 As Mr. Arenas’ fiancée Laura Govan explained to Mrs. Weekes, the “disappointment of

letting his [young] fans down has hurt [him] the most.”66 It is this aspect of this whole situation

— the effect on his image and relationship with the kids of the District of Columbia — that most

troubles Mr. Arenas and that drives his desire to acknowledge and accept responsibility for his

illegal conduct.

III. MR. ARENAS’ CRIME

It was against this backdrop of good character and charitable acts that Mr. Arenas

committed the crime of carrying a pistol without a license on December 21, 2009. As an initial

matter, let us be clear that Mr. Arenas recognizes that he committed a crime and that it was a

63 Letter of Will Sherlin, Mr. Arenas’ literary agent (Ex. 29). 64 Letter of Sashia Jones, the senior director of community relations for the Wizards, whose job responsibility is, in part, to turn Mr. Arenas’ numerous charitable ideas into action (Ex. 14). 65 Letter of Rich Goldberg, the president of American Roundball Corporation, a non-profit youth basketball program of which Mr. Arenas is an alumnus (Ex. 13). 66 PSR at 13.

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serious offense. He brought four guns into the District of Columbia and the Verizon Center, in

direct violation of the D.C. gun laws and the NBA’s policy prohibiting the possession of guns in

NBA facilities.

In considering the appropriate punishment for this case, however, it is important to strip

away the rhetoric and get a clear-eyed view of Mr. Arenas’ conduct during and after the offense.

Such an assessment will reveal that Mr. Arenas’ intent that day, though terribly misguided, was

neither malicious nor violent in any way.

A. Mr. Arenas’ Ownership of the Guns

It is important to recognize that Mr. Arenas did not own these guns to use as weapons to

harm or threaten other people. He owned them as part of a much larger collection — containing

everything from antique revolvers to old Tommy Guns — that he had purchased from the father

of his former girlfriend. He kept the collection in a specially reinforced and locked room in his

house, and ultimately disposed of the majority of the guns by having them donated to law

enforcement authorities in Orlando well prior to this incident. Mr. Arenas’ only use of these —

or any other — firearms has been at the firing range, where he did target practice during college

and while playing for the Golden State Warriors in California. He did not even own ammunition

for the guns he brought into the District.

He also owned the guns legally in the Commonwealth of Virginia, where it is lawful to

possess firearms without a license. In fact, it was not clear to him that the law was any different

in the District of Columbia as it related to unloaded firearms. Following the news accounts and

commentary surrounding the Supreme Court’s decision in District of Columbia v. Heller,67 Mr.

Arenas was under the mistaken impression that the law had changed to allow one to possess an

67 128 S. Ct. 2783 (2008).

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unloaded firearm in the District. He was wrong and he should have been more conscientious to

ascertain what the law allowed and did not allow. While ignorance or confusion about the law is

concededly no defense to a crime, it is a mitigating circumstance that the Court should consider

when assessing the egregiousness of that crime.68

B. Mr. Arenas’ Use of the Guns on December 21, 2009

It is also important to consider exactly how Mr. Arenas used the guns in the Verizon

Center on December 21, 2009. Contrary to some press reports of an armed showdown in the

locker room, a fair review of the circumstances leading up to and surrounding that incident

reflects a scenario that was much less confrontational.

It is true that Mr. Arenas and Javaris Crittenton had a heated argument on the team flight

from Phoenix on the night of December 19-20, 2010, and that they each made statements that on

their face were expressions of intent to inflict physical violence upon the other (I’m going to

burn your car or shoot you in your face (Mr. Arenas); I’m going to “shoot the f___” out of you

and specifically your surgically repaired knee (Mr. Crittenton)).69 It is true that Mr. Arenas went

out of his way to needle Mr. Crittenton in front of their teammates as they deplaned and took the

shuttle bus to the terminal. It is also true that at practice the next day Mr. Arenas placed four

unloaded handguns on Mr. Crittenton’s chair along with a note saying “Pick 1.” When Mr.

Crittenton returned to his locker and saw the guns, Mr. Arenas reminded him of his threat to

shoot Mr. Arenas in his injured knee and offered him the guns for that purpose. Mr. Crittenton 68 See United States v. Barker, 546 F.2d 940, 965 n.31 (D.C. Cir. 1976) (Leventhal, J., dissenting) (“In certain . . . cases ignorance of law may be considered by the court in mitigation of punishment . . . .”); Ronald D. Hunter & Mark L. Dantkzer, Crime & Criminality: Causes & Consequences 32 (2005) (“Ignorance of the law is not an excuse for escaping prosecution, but it may be considered as a mitigating circumstance in sentencing.”). 69 As explained in the proffer of facts submitted at the plea proceeding, at some point during their argument, Crittenton suggested that they have a fistfight. Mr. Arenas declined, saying that he was too old to fistfight and that he would rather burn Crittenton’s car or shoot him in the face. Crittenton responded that he would shoot Mr. Arenas, specifically in his surgically repaired knee.

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responded by tossing one of Mr. Arenas’ guns aside and pulling out his own handgun. Mr.

Arenas then gathered up his unloaded guns and put them away. It is clear from these

circumstances that Mr. Arenas’ use of his guns that day was not intended to be violent, but was

rather a very misguided attempt to play a prank that would provoke a reaction from Mr.

Crittenton — just as Mr. Arenas had done during and after the flight back from Phoenix the day

before.

To see that this was his intent, one must first look at Mr. Arenas’ personality. As many

have attested in their letters, Mr. Arenas does not have a violent streak.70 He has not engaged in

so much as a fistfight since he was a little child, despite the many opportunities therefor in the

high-pressure contact sport he has played for the past 17 years.

He does, however, have a record of engaging in pranks that can go much too far. Many

have remarked over the years about his “unorthodox sense of humor,”71 including the penchant

for pranks and practical jokes that was so well known that a marketing company created a

cartoon alter ego for Mr. Arenas called “The Pransksta.”72 These pranks have often been

70 See Letter of Timothy Law, who has worked extensively with Mr. Arenas on marketing projects (Ex. 19) (Mr. Arenas’ actions “were not predicated by mal intent.”); Letter of Leslie Pinkston, who has worked extensively with Mr. Arenas on charity projects (Ex. 25) (“[M]isjudgments were never done with any malicious intent. Gilbert truly cares about others and would never put anyone in harms way.”); Letter of Rob Suller, the Wizards’ equipment manager (Ex. 31) (Mr. Arenas has never been a “threat to anyone or [been known] to bring harm to anyone.”). 71 Letter of Sashia Jones, the senior director of community relations for the Wizards (Ex. 14). For example, prior to this incident, he was admiringly described as a “colorful” player with a proclivity for practical jokes. See, e.g., Michael Lee, “Wizards Learn to Love ‘Gilbertology,’” Washington Post, Apr. 24, 2005 (Ex. 42) (quoting former Wizards coach Eddie Jordan: “He’s not moving to the beat of a different drummer. He’s moving to a different beat.”); id. (quoting Orlando Magic executive Otis Smith: Mr. Arenas is a “special, quirky kid”); id. (reporting that Mr. Arenas is “offbeat,” with a “fun-loving personality,” a player with “colorful antics” who plays “ridiculous practical jokes” on his teammates); Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007 (Ex. 50) (calling him a “refreshing, authentic oddball”); Tom Chiarella, “The Pathology of Gilbert Arenas,” Esquire, Nov. 2006 (Ex. 36) (noting his “eclectic nature”); Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006 (Ex. 43) (referring to him as “the Biggest Kid in the NBA”: “basketball’s Tasmanian Devil, its resident Peter Pan.”). 72 Letter of Timothy Law (Ex. 19).

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intended to “push a person’s buttons” (as evidenced by the encounter with Mr. Crittenton).

While he now recognizes that these pranks have at times gone past the point of good humor and

propriety, Mr. Arenas has never been motivated by malice or violence. As explained by Maggie

Foster, who acted a surrogate mother for Mr. Arenas during his teen years, “[t]hroughout the

years, Gil has continued to play pranks and has admitted that he did not always use proper

judgment, but by no means were his pranks ever done maliciously or with the intent to hurt

anyone!”73 It was this misguided urge to tease Mr. Crittenton — and not a feeling of actual

malice — that prompted Mr. Arenas to stage the offering of weapons to Mr. Crittenton in the

locker room last December.

This lack of violent intent can be clearly seen when one considers what Mr. Arenas

specifically did — and did not do — with his guns that morning. His lack of violent feelings

toward Mr. Crittenton is demonstrated by four important facts:

! Mr. Arenas never menaced Mr. Crittenton with the firearms in any way.

! Mr. Arenas laid the guns out in front of Mr. Crittenton’s locker, thereby

relinquishing the guns and putting them in Mr. Crittenton’s control.

! The guns were unloaded and there was no ammunition anywhere near them, both

when he laid them out for Mr. Crittenton and later when the team security official

took possession of them.

! Finally, within approximately a half hour of this encounter, Mr. Crittenton and

Mr. Arenas got into the locker room’s hot tub — just the two of them — and had

a light-hearted conversation about it. This is not what one would expect from Mr.

Crittenton if he genuinely believed Mr. Arenas meant him physical harm. Nor,

73 Letter of Maggie Foster (Ex. 10); see also PSR at 12 (quoting Ms. Foster: “I know my son and he’s not the type of person to take guns lightly. He doesn’t use guns in everyday life.”).

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however, is it surprising, given that Mr. Crittenton and Mr. Arenas have long been

friends — with Mr. Crittenton routinely spending time in Mr. Arenas’ hotel room

on road trips and the two of them continuing to spend time together and

communicate regularly as friends since this incident.

In light of these facts and Mr. Arenas’ history, it is clear that Mr. Arenas’ actions that day

— though admittedly illegal and thoroughly misguided — were intended as a prank and not as an

act of malice or violence. Indeed, Mrs. Weekes of CSOSA accepted that Mr. Arenas “was only

joking about the entire incident,” explaining that “a teammate and other Washington Wizards

personnel indicated the same.”74

C. Mr. Arenas’ Acceptance of Responsibility for the Crime

From the first moments after the incident, Mr. Arenas took actions that evinced a

willingness to accept personal responsibility for his actions. When team management asked him

about an hour afterwards if he had brought guns into the locker room, he admitted that he had.

When they asked if he had had an encounter with Javaris Crittenton, he admitted that he had.

When they asked him to turn over the guns, he agreed and took a member of the team security

staff to them.

Mr. Arenas could have lied and said he did not have any guns. He could have refused to

provide his guns to team security. He could have easily snuck the guns out of Verizon Center

without the knowledge of team management. But, he did not. Instead, Mr. Arenas chose to

admit his offense, turn over his firearms, and face the consequences.

Within days of the incident, Mr. Arenas authorized his attorney to contact the U.S.

Attorney’s Office, report that Mr. Arenas had possessed guns in the Verizon Center on

74 PSR at 17.

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December 21, and agree to turn them over to Metropolitan Police Department officials. He

offered to meet with the prosecutor and detectives on the first date available following the

holidays, and he quickly agreed to plead guilty. Mr. Arenas appeared before Your Honor to

accept responsibility for his conduct only eleven days after first meeting with investigators.

Mr. Arenas was equally accepting of responsibility in his dealings with the NBA. When

Commissioner Stern indefinitely suspended Mr. Arenas on January 6, Mr. Arenas said he

“respected” the decision.75 Again, when Commissioner Stern announced that the suspension

would run to the end of this season, Mr. Arenas accepted the punishment. Mr. Arenas

understood that Commissioner Stern’s decision to set a zero-tolerance policy for guns was in the

best interest of the league and the young kids who look up to and emulate its players. Even

though the suspension was significantly longer than suspensions imposed in past NBA discipline

cases involving firearms,76 and despite the strong prospects of prevailing in an arbitration and

recovering some substantial portion of the salary denied him by the suspension, Mr. Arenas

instructed his attorney and the National Basketball Players Association not to pursue an appeal of

Commissioner Stern’s decision. Instead, he authorized the release of the following statement:

Mr. Arenas recognizes that his actions were a serious violation of the law and league rules and were detrimental to the NBA and its reputation. He accepts full responsibility for what he did, and

75 Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7, 2010 (Ex. 51). 76 For example, when Denver Nugget Rodney White pled guilty in December 2004 to firing a weapon in the District, the NBA suspended him for one game. “White Suspended for Guilty Plea on Weapons Charges,” USA Today, Dec. 9, 2004 (Ex. 48). Even after New Orleans Hornet Rasual Butler was arrested in Miami in June 2008 for publicly carrying a loaded gun, it appears that the NBA did not suspend him at all. John Reid, “Hornets’ Butler Arrested on Gun Charges,” Times-Picayune (New Orleans), June 24, 2008 (Ex. 44). When Minnesota Timberwolf Sebastian Telfair carried a loaded gun in his luggage on his team’s plane in 2006, the NBA suspended him for only two games. Jerry Zgoda, “NBA hands Telfair a Three-Game Suspension,” Star Tribune (Minneapolis), Oct. 15, 2008 (Ex. 52). And when Mr. Telfair pled guilty two years later to possessing a loaded gun in his car, the NBA suspended him for only three games. Id. After Indiana Pacer Stephen Jackson pled guilty in May 2007 to firing a gun five times outside a nightclub, the NBA suspended him for only seven games. “Jackson, Artest Suspended Following Court Pleas,” ESPN.com (Associated Press), July 14, 2007 (Ex. 40).

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takes no issue with the length of the suspension or the process that led to the Commissioner’s decision. It is Mr. Arenas’ hope that this punishment will serve an important purpose, as a strong reminder of the responsibility that he and all NBA players have to set the right example with their conduct on and off the court.77

Mr. Arenas also accepted responsibility with his team, calling Mrs. Pollin and

apologizing for having acted contrary to the precepts he had learned from her late husband,

Wizards owner Abe Pollin.

Some have questioned this acceptance of responsibility, saying that it was at odds with

certain statements Mr. Arenas made after the incident and his “gunslinging” pantomime before

the Philadelphia basketball game on January 5, 2010.78 While these actions can surely be

criticized as unwise, they do not actually reflect any equivocation about his contrition for

bringing the guns into the Verizon Center. Rather, they were a reaction to the accusation in a

specific press report that he was a “pistol-packing point guard[]” who participated in a “duel”

with a fellow player79 — a suggestion that runs contrary to his personality and self-image.

This report prompted Mr. Arenas to react. Shortly after reading it, he posted a Twitter

message expressing surprise that he “was the new JOHN WAYNE.” Soon thereafter, he told a

reporter that this account was “[s]ome real O.K. corral stuff” but was “not the real story.”80

Then, when he was told that team management may have had a role in leaking that (inaccurate) 77 Michael Lee, “Wizards’ Gilbert Arenas, Javaris Crittenton Suspended for Year,” Washington Post, Jan. 28, 2010 (Ex. 41). 78 During pre-game warm-ups, the Wizards players used to gather together for team huddles, in which they would often play off of a certain theme, song, or inside joke. On that date, Mr. Arenas stood in the middle of the huddle and wagged his index fingers as if he were mimicking a gunslinger — a recreation of the touchdown scene from the Oliver Stone football movie Any Given Sunday — while his teammates laughed. That image was captured by a photographer and was featured all over the national media. 79 Peter Vecsey & David K. Li, “NBA Gunpoint Guards in Standoff — Teammates Pull Weapons on Each Other,” N.Y. Post, Jan. 1, 2010 (Ex. 46). 80 Peter Vecsey & Dan Mangan, “NBA Team Hid Run ‘N’ Gun — League Never Told of Locker Room Duel,” N.Y. Post, Jan. 2, 2010 (Ex. 47). The day after this Twitter message, Mr. Arenas acknowledged to reporters that “[t]hat’s bad judgment on my part to store them in here, and I take responsibility for that.” “Arenas Admits ‘Bad Judgment’ In Firearm Flap,” AFP, Jan. 3, 2010 (Ex. 35).

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version of the incident, Mr. Arenas reacted badly with the pantomime before the next basketball

game.

This conduct made people think that he did not fully accept that he was wrong to bring

guns to the Verizon Center. While that interpretation is understandable, the reality was more

nuanced than that. Mr. Arenas explained at several junctures that his actions were a reaction to

the caricature of him as a violent “gunslinger,” and were not intended to make light of his

firearms offense. Immediately after the game following the pantomime — and without

consulting with counsel — he reiterated his contrition for bringing the guns to the Verizon

Center81 and apologized for the pantomime.82 The next day, he explained to a Washington Post

reporter that his pantomime was a “react[ion] to what people are saying about me[,] not the

seriousness of the situation,” acknowledged that “the gun charge, I’m taking serious,” and said

that he was “sorry for what happened [in Philadelphia] and how people took that.”83 He also

placed a call — again without consulting with his attorney — to Commissioner Stern to

apologize for his conduct the night before.

Thus, while Mr. Arenas’ reaction to the “gunslinger” caricature was a regrettable

mistake, it is understandable at some human level and does not detract from his consistent

acknowledgement of responsibility for the gun possession from the first moments after the

incident in the locker room. 81 Immediately after the game, Mr. Arenas told reporters: “I feel bad for the situation where I’ve taken them out of my house to get away from my kids, but I bring them to my locker and put all my teammates at risk, even though they weren’t loaded. . . . [They are] somebody’s kids, too. So I’m sorry for all the parents of my teammates.” Dan Gelston, “Arenas Knows He’ll Likely Meet with Stern,” Associated Press, Jan. 6, 2010 (Ex. 37). 82 Mr. Arenas’ Twitter comments were: “I know everybody [has] seen the pre game pics[;] my teammate thought to break the ten[s]ion we should do that[,] but this is gett[ing] way to[o] much. I wanna say sorry if I pissed any body off by us havin[g] fun[;] I’m sorry for anything [you] need to blame [me] for [] right now.” Jim Iovino, “NBA Suspends Gilbert Arenas Indefinitely,” NBCwashington.com, Jan. 7, 2010 (Ex. 39). 83 Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7, 2010 (Ex. 51).

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IV. THE SENTENCING GUIDELINES SUPPORT A SENTENCE OF PROBATION

Mr. Arenas agrees with the conclusion in the PSR that the applicable Sentencing

Guidelines range is 6 to 24 months.84 CPWL is a Group 8 offense. Mr. Arenas’ sole prior

conviction is for an out-of-state misdemeanor — causing a concealed firearm to be carried in a

vehicle85 — with no comparable D.C. statute. Pursuant to Sentencing Guideline § 2.2.6, Mr.

Arenas’ prior conviction is scored as ¼ point, and because this is his only criminal history, his

total score is ¼. A score of ¼ places Mr. Arenas in criminal history category A.

In the Sentencing Guidelines’ Master Grid, a Group 8 offense and a criminal history

category A yield a range of 6 to 24 months. That range permits a sentence of straight probation

(as does the next higher sentencing range of 10 to 28 months for defendants with more-serious

criminal history scores). The Sentencing Guidelines therefore provide that a sentence of

probation for between 6 and 24 months would be an appropriate sentence in this case.

V. THE STATUTORY FACTORS SUPPORT A SENTENCE OF PROBATION WITH COMMUNITY SERVICE

According to the District of Columbia Code, the Court may suspend execution of the

entire sentence and impose a term of probation if the Court finds “that the ends of justice and the

best interest of the public and of the defendant would be served.”86 In determining what is just

and in the best interest of the public and the defendant, the Court must fashion a sentence that

accomplishes the following:

! Reflects the seriousness of the offense;

! Reflects the criminal history of the offender;

84 PSR at 20. 85 Cal. Penal Code § 12025(a)(3). Mr. Arenas’ prior conviction is discussed in detail in Section V.B, infra. 86 D.C. Code § 16-710(a).

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! Provides for just punishment; and

! Affords deterrence to potential criminal conduct by the defendant and others.87

In addition, the Court may order that a defendant “undertake reasonable services to the

community” as part of the sentence.88

An assessment of these objectives demonstrates that they will best be met in this case —

and justice will best be served — by a sentence of probation with court-ordered community

service.

A. Seriousness of the Offense

While we acknowledge that carrying a pistol is a serious offense, it is our position that

the circumstances of this particular violation were not so serious as to warrant incarceration. As

explained in Section III, supra, Mr. Arenas’ offense was not a malicious or confrontational act.

Moreover, it is distinguishable from the more “typical” CPWL case in a number of important

respects.

In the more “typical” CPWL case, the gun is seized after the owner is stopped or

searched by the police. Here, Mr. Arenas admitted his gun possession and voluntarily provided

the firearms to team security, knowing that they would be turned over to the police. He did this

even though they were hidden away and he easily could have snuck them out of the Verizon

Center. In the more “typical” CPWL case, the individual’s firearm is usually loaded and is being

possessed or used as a weapon for some sort of defensive or offensive purpose. Here, Mr.

Arenas’ firearms were unloaded, and he did not possess, nor even own, any ammunition for

them. Finally, in many CPWL convictions, the defendant avoids significant additional exposure

87 Id. § 24-403.01(a). The Code also directs that a sentence must “[p]rovide[] the offender with needed educational or vocational training, medical care, and other correctional treatment.” Id. 88 Id. § 16-712(a).

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by pleading to CPWL in return for the government’s agreement to not pursue other related

charges. In this case, Mr. Arenas pled guilty to the highest charge and avoided only the

additional UF89 charges.

It is instructive to review the available information about sentencing patterns for the more

“typical” CPWL cases in light of the circumstances of this case. According to the District of

Columbia Sentencing and Criminal Code Revision Commission, about 45% of the defendants in

the lowest possible criminal history category who were convicted of CPWL (or another offense

in Group 8, most commonly unauthorized use of a vehicle or attempted robbery), have

historically been sentenced to straight probation with no term of incarceration.90 If almost half of

the defendants in these cases receive straight probation, it follows that Mr. Arenas’ case — with

all of the mitigating circumstances described above — calls for no greater punishment.

B. Criminal History

Mr. Arenas has only a minor criminal history. His sole prior conviction is a

misdemeanor nolo contendere plea from a 2003 arrest. In June of that year, Mr. Arenas was

pulled over for failing to use his turn signal. When he reached for the registration, the police

officer saw the clip of an automatic handgun in the glove compartment. The officer then

recovered an unloaded firearm in the back of the car and charged Mr. Arenas with one count of

violating California Penal Code § 12025(a)(3), which provides that “[a] person is guilty of

carrying a concealed firearm when he or she . . . [c]auses to be carried concealed within any

vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being

concealed upon the person.”

89 “UF” refers to possession of an unregistered firearm, D.C. Code § 7-2502.01(a). 90 D.C. Advisory Sentencing Guidelines, App. E (analyzing the 1847 individuals with a criminal history in Category A who were convicted of an offense in Group 8 and who were sentenced from January 1996 through June 2003).

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Mr. Arenas takes responsibility for his violation in California, but the incident must be

seen for what it actually was. The firearm was unloaded and was in a sleeve behind the

passenger seat. If the firearm had been in the locked trunk of the car, there would have been no

violation.91 If the firearm had been in a locked container, there would have been no violation.92

Finally, if Mr. Arenas had been travelling directly to or from a “target range” such as the San

Leandro Rifle & Pistol Range — as he often did and which was why he owned the gun in the

first place — he would not have violated any laws.93

Mr. Arenas acknowledged that he failed to comply with California’s firearms statutes,

and he pled nolo contendere to the full offense without any reduction to a lower charge.94 The

case concluded in May 2004, when the court sentenced him to two years of probation and five

days in the San Mateo County Sherriff’s Work Alternative Program.

The circumstances of Mr. Arenas’ prior conviction are relevant for two purposes here.

First, Mr. Arenas’ successful completion of the probationary term in the prior case demonstrates

that Mr. Arenas can be trusted to serve a term of probation in this case — a trust that he has

already started to establish by reporting regularly to Mrs. Weekes at CSOSA and abiding with all

terms of his release since pleading guilty before Your Honor.95 Second, we believe that the

government refused to drop the CPWL charge in favor of a UF charge in this case at least in part

because Mr. Arenas had this prior conviction. To the extent that Mr. Arenas has already

91 See Cal. Penal Code § 12026.1(a)(1). 92 See id. 93 See id. § 12026.2(a)(9). Indeed, in California, an individual does not need a license or a permit to possess a firearm on his own property. See id. § 12026(b). 94 In return for his plea, however, the government did agree to dismiss the misdemeanor charge of driving without a valid license. 95 See PSR at 10 (“He was very cooperative during the interview and provided the requested information and he has maintained contact with this officer as instructed.”).

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received stiffer treatment at the charging stage due to his prior conviction, there is less reason for

the Court to add any additional punishment therefor at the sentencing stage.

C. Just Punishment

Just punishment would be achieved in this case with a sentence of probation and

community service. First, it should be noted that Mr. Arenas has already been seriously

“punished” simply by pleading guilty to a felony rather than a misdemeanor.96 While the

government appropriately has full discretion to charge either a felony CPWL or a misdemeanor

UF in the typical gun possession scenario, it frequently happens that the government agrees to a

UF plea in such cases. In fact, in the case against Mr. Crittenton, the government agreed to a

misdemeanor plea (resulting in a sentence of one year of unsupervised release).97 Similarly, in

the past six years, the District of Columbia U.S. Attorney’s Office has offered UF pleas to two

other NBA players whom the police found with guns, even after those guns had been fired.98

While the prosecutors were well within their rights to insist on a felony plea in this case, it is

96 Cf. Wayne R. LaFave, Substantive Criminal Law § 1.6(b) (2d ed. 2003) (explaining some of the collateral consequences that flow from felony convictions but not misdemeanor convictions); Mark Heisler, “Gilbert Arenas’ Joke Could Lead to the ‘Bonfire of the Wizards,’” Los Angeles Times, Jan. 17, 2010 (Ex. 38) (suggesting that Mr. Arenas’ felony charge is far more serious than multiple misdemeanor charges, which is what Cleveland Cavalier Delonte West faces in Prince George’s County, Maryland, after being arrested for carrying loaded pistols and a shotgun while riding his motorcycle). 97 See United States v. Crittenton, 2010 CMD 1576. 98 In September 2004, Denver Nugget Rodney White was arrested after three shots were fired from a car in which Mr. White was riding. United States v. White, 2004 FEL 5608. While Mr. White was charged with CPWL, UF, and UA, he pled guilty to only UF and UA and the government dropped the CPWL charge as part of the deferred sentencing agreement. Id. In August 2006, when the police found a loaded gun in former Charlotte Bobcat Lonny Baxter’s car, Mr. Baxter admitted that he had twice fired the gun into the air. United States v. Baxter, 2006 CF2 17645. In exchange for a guilty plea to the UF charge, the government dismissed the CPWL count. Id. Moreover, Mr. Baxter had pled to a UF charge only two years earlier, after he had fired a shotgun in his apartment in the District. District of Columbia v. Baxter, 2004 CDC 2314.

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appropriate when the Court is assessing whether justice demands imposition of incarceration to

consider that Mr. Arenas pled guilty to the greatest possible charge.99

It is also important to consider that a number of other serious negative consequences have

already flowed from Mr. Arenas’ felony conviction. These consequences include:

! Mr. Arenas was suspended from the NBA for the remainder of this season, which

is fifty games. The suspension will cost him over $7 million in salary.

! Adidas dropped him as a paid endorser, which will cost him at least $10 million

and possibly more than $40 million in compensation and bonuses.

! Spalding dropped him as a paid endorser, which will cost him about $200,000.

! The Wizards may attempt to void his contract under its “moral turpitude” clause.

! The Wizards and the NBA have already scrubbed Mr. Arenas from their public

image, removing his name and likeness from the Verizon Center and promotional

materials and pulling his signature No. 0 jersey from the Wizards and NBA

stores.100

! Mr. Arenas’ valuable public persona as a prominent athlete and spokesperson has

been badly tarnished.

! He has lost the identity he values as a vital member of the Wizards family and the

NBA.

99 The government could not have convicted Mr. Arenas of more than one CPWL violation. See Bean v. United States, 576 A.2d 187, 190 (D.C. 1990) (holding that an individual who carries multiple unlicensed weapons is guilty of only one CPWL offense). The only charges the government agreed to forgo were the four UF misdemeanors. 100 See Michael Wilbon, “Gilbert Arenas’s Crimes Deserve Punishment, Not a Disappearing Act,” Washington Post, Jan. 14, 2010 (Ex. 49).

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! Most importantly, he has borne the humiliation of the whole situation and the

disappointment in himself for damaging his status as a role model to his fans.101

Although we recognize that collateral consequences to career, finances, psyche, and

family do not substitute for the punishment meted out by the criminal justice system, it is only

fair that they be considered when deciding on a just level of punishment.102 We take no issue

with any of these consequences and acknowledge that Mr. Arenas brought them upon himself.

We believe, however, that the extent of punishment he has already received — when examined

along with the mitigating circumstances discussed above — leads to the conclusion that

probation with community service would achieve a just resolution in this case.

D. Deterrence

For all the reasons cited in the preceding section, we maintain that the goal of specific

deterrence has already been achieved. Mr. Arenas has more than learned his lesson and has been

deterred from ever contemplating such conduct again in the future.103 That same sentiment was

101 Mr. Arenas’ fiancée Laura Govan confided to CSOSA that Mr. Arenas is “so afraid and he has been so apologetic. He wakes up in the middle of the night and says he messed up. To have everything taken away from you, to know it can be gone in the blink of an eye; it has humbled him, he has a different perspective.” PSR at 13. 102 Some courts have considered at sentencing that defendants have already experienced collateral employment consequences and/or had their reputations ruined due to their convictions. For instance, the Eleventh Circuit recently affirmed a below-Guidelines sentence of probation and home detention in a securities fraud case because, among other things, the defendant “ha[d] already suffered a great deal,” had lost his job, and had experienced “very negative consequences from . . . the specter of the criminal sentence.” United States v. Anderson, 267 Fed. App’x 847, 849 (11th Cir. 2008) (per curiam) (non-precedential). Similarly, a federal district court recently imposed a below-Guidelines sentence in part because of the “collateral effects” the conviction already had on the defendant after he lost his job and his reputation in his industry was ruined. United States v. Ranum, 353 F. Supp. 2d 984, 991 (E.D. Wis. 2005). 103 See United States v. Anderson, 267 Fed. App’x at 850 (“[T]he damage to [the defendant’s] reputation ‘also lend[s] strong support to the conclusion that imprisonment was not necessary to deter him from engaging in future criminal conduct or to protect the public from his future criminal acts.’” (quoting Gall v. United States, 552 U.S. 38, 59 (2007) (alterations omitted))); United States v. Adelson, 441 F. Supp. 2d 506, 514 (S.D.N.Y. 2006) (finding that the ruin of defendant’s reputation by his conviction already served the purpose of deterrence); United States v. Redemann, 295 F. Supp. 2d 887, 897 (E.D. Wis. 2003) (observing that deterrence had already been achieved because of the case’s “adverse publicity, which

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expressed by Ron Moten, the co-founder of Peaceoholics, in his letter to Your Honor requesting

that Mr. Arenas be sentenced to probation in the community rather than prison (which is only the

second time in his extensive advocacy career that Mr. Moten has made such a request). Mr.

Moten has devoted his life to working with individuals who run afoul of the law, and it is his

firm belief that, unlike many individuals who are charged with gun violations, Mr. Arenas has

“no chance of re-offending.”104 Further punishment through incarceration is not necessary to get

the message through to Mr. Arenas. The message has been received loud and clear.105

Similarly, the objective of general deterrence has also already been met, regardless of the

punishment at sentencing. The whole world has watched as a man who brought four unloaded

guns into the District of Columbia was required to accept a felony plea, suffer great personal and

professional collateral consequences, register as a “gun offender,”106 submit to court supervision,

and face public scorn. This sad saga has sent a strong message to any and all who might

consider bringing guns into the District.

E. Community Service

We urge the Court to accept CSOSA’s recommendation and impose a sentence of

probation with a court-ordered regime of community service.107 It is clear that Mr. Arenas can

be a tremendous force for good if allowed to perform community service.

Countless individuals have expressed the belief that Mr. Arenas has the capacity to

provide great service to our community. Ron Moten, co-founder of Peaceoholics, urges that Mr.

caused direct and collateral harm to [defendant] and his family”). 104 Letter of Ron Moten (Ex. 23). 105 Indeed, CSOSA found that Mr. Arenas “is remorseful for his actions, has realized his mistakes and has learned from the situation.” PSR at 18. 106 See D.C. Code § 7-2508.04 (detailing the gun offender registry). 107 See PSR at 18 (recommending that the Court impose an “unsupervised probationary period [that] include[s] performance by the defendant of community service hours”).

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Arenas be given the opportunity to “educate young people about his poor decision making.”108

Sylvia Marlene Jones, a surrogate mother to Mr. Arenas, believes that Mr. Arenas “can help keep

the next young man entering this money world from losing [his] way.”109 Denise Laverne

Trotter of the Family Services Institute suggests that Mr. Arenas will do more good for society if

he is ordered to work with groups dedicated to preventing violence and building communities,

rather than spending time in jail.110 Paisley Benaza, Mr. Arenas’ business manager, is confident

that Mr. Arenas has matured and that he can “renew his commitment to being a role model” and

continue to “provide assistance for underserved students.”111 Robert Drosman, one of Mr.

Arenas’ childhood basketball coaches, suggests that Mr. Arenas’ acceptance of responsibility,

coupled with his status in the community, would equip Mr. Arenas well to “mentor and

encourage student development.”112 Rich Goldberg, the president of American Roundball

Corporation (ARC), of which Mr. Arenas is an alumnus, writes that Mr. Arenas understands the

mentoring capacity of a structured youth organization and has already volunteered to encourage

ARC players “to work on their grades and their game, and stay away from weapons and bad

influences.”113 In short, Mr. Arenas “can do a lot of good promoting his message and explaining

to the youth of Washington, D.C. where he went wrong. He is someone who cares. He is a good

person. And he is someone who can truly help influence others into striving to be good people

as well.”114

108 Letter of Ron Moten (Ex. 23). 109 Letter of Sylvia Marlene Jones (Ex. 15). 110 Letter of Denise Laverne Trotter (Ex. 32). 111 Letter of Paisley Benaza (Ex. 4). 112 Letter of Robert Drosman (Ex. 9). 113 Letter of Rich Goldberg (Ex. 13). 114 Letter of Dave McMenamin, an ESPN journalist who is also Mr. Arenas’ friend (Ex. 22).

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CSOSA concurs with these sentiments, recommending that “Mr. Arenas and the

community can best be served by structured community service geared at assisting youth instead

of incarceration. Mr. Arenas has the means to help the community, but more importantly, he has

the heart and the willingness to do so.”115

Mr. Arenas has already demonstrated his capacity to provide guidance to our youth, not

only with his long history of outreach to young kids but also by his actions in the aftermath of

this incident. His first instinct after the guilty plea was to compose an apology to the kids of the

District of Columbia. On January 26, 2010, he issued the following letter to all of the students

and principals at the over 200 D.C.-area schools that participated in the Scores for Schools

Program:

I would like to take a moment to address the Pollin family and the DC community. I’ve had some time to reflect on my recent behavior and would like to offer my sincere apologies. I certainly didn’t mean any harm by my actions, but I realize that I’ve set a bad example and for that I am truly sorry. Over the last few years I’ve been lucky enough to have known Mr. Abe Pollin. He was both a mentor and a father figure to me. He taught me to appreciate the talent and blessings I’ve been given and the importance of sharing them with the community. We formed the Scores for Schools program and we devised a system, for every point I scored in a game we would give a donation to a local school chosen for that game. Together we were able to reach many young children in the metropolitan area. Our goal was to help fund schools throughout the community which would help further educate students. Mr. Pollin was a man of peace and great dignity. He expected me and all professional athletes to portray those qualities as well. I momentarily lost sight of those lessons and I am sad to say that I’ve dishonored his legacy. I’ve been reminded of something Mr. Pollin once said to his players, “You may or may not want to be role models, but you are role models. If you don't want to be role models, you should get out of this business and go do something else.” He is

115 PSR at 18.

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absolutely right. He saw something in me and then he gave me the opportunity to live my dream. He also showed me that with opportunity comes responsibility. This responsibility is not something I am going to walk away from. I’ve made a mistake, a serious mistake. I realize the only way to move forward is to own up to it and to carry on Mr. Pollin’s legacy. I take full responsibility for my actions and I am deeply sorry to have brought this situation to children in the metropolitan area that do look up to me. I am still committed in helping out the youth and will show them that through hard work and dedication, they too can reach their dreams. I will show them that while we all make mistakes; it’s what you learn from those mistakes that shape you into the man or woman you become. I will show them that you must be accountable for your actions and that you must do the work necessary to repair any damage you may have done. I will choose more wisely in the future and I will encourage those around me to do the same. I will keep doing my due diligence in helping guide children into brighter futures. I will prove that I am worthy of the confidence, faith and trust placed in me and will do my best to bring joy and happiness in everyone’s lives again.116

This letter was solely Mr. Arenas’ idea, and it was important to him that the letter be

given directly to the children, not the press. (Indeed, to this day, the text of the letter has not

been publicly released.) School principals have thanked Mr. Arenas for accepting responsibility

for his actions and using this situation as a teachable moment117 so that “students will learn from

his mistakes.”118

Mr. Arenas has also worked closely with Ms. Weekes of CSOSA to design a program in

which he will mentor young offenders and run a basketball “boot camp” at the Juvenile

Detention Center facility on Mount Olivet Road in Northeast D.C. They have also agreed that

Mr. Arenas will fund and assist in the renovation of a particular group home for juvenile

offenders. This program will allow Mr. Arenas to have a significant impact on a population of

116 Letter from Mr. Arenas to Scores for Schools Students and Principals, Jan. 26, 2010 (Ex. 33). 117 See, e.g., Letter from Nardos King, principal of Mount Vernon High School, to Mr. Arenas (Ex. 34). 118 Letter of Roy Settles, principal of Judith A. Resnick Elementary School (Ex. 28).

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Felony Division

____________________________________ ) UNITED STATES OF AMERICA ) ) CASE NO. 2010 CF2 904 V. ) The Honorable Robert E. Morin ) Sentencing: March 26, 2010 GILBERT ARENAS, ) Defendant. ) ____________________________________)

DECLARATION OF JEFFREY S. NESTLER IN SUPPORT OF

MEMORANDUM IN AID OF SENTENCING

I, Jeffrey S. Nestler, declare:

1. I am an attorney licensed to practice law in the District of Columbia. I am an

associate in the law firm of O’Melveny & Myers LLP, counsel for Defendant Gilbert Arenas. I

make this declaration in support of Mr. Arenas’ Memorandum in Aid of Sentencing.

2. A number of letters addressed to Your Honor were sent to my offices in

connection with the sentencing of Mr. Arenas. Attached hereto as Exhibits 1 - 32 are true and

correct copies of those letters that are referenced in the Memorandum in Aid of Sentencing.

Exhibit Letter From

1 Sean Abbananto

2 Gilbert Arenas, Sr.

3 Alana Beard

4 Paisley Benaza

5 Charlyne Braxton

6 Dustin Canalin

7 Susan Crooks

8 Wickel Donohue

2

Exhibit Letter From

9 Robert Drosman

10 Maggie Foster

11 Karen Friedman

12 Stacey Oxner Gail

13 Rich Goldberg

14 Sashia Jones

15 Sylvia Marlene Jones

16 Tara Irving Jones

17 Linda Kim

18 Lester Knispel

19 Timothy Law

20 Jared Levi

21 Arnie Mcallister

22 Dave McMenamin

23 Ron Moten

24 Tamara Perez

25 Leslie Pinkston

26 Dana Pump

27 Miles Rawls

28 Roy Settles

29 Will Sherlin

30 Willie Stafford

31 Rob Suller

3

Exhibit Letter From

32 Denise LaVerne Trotter

3. The Memorandum in Aid of Sentencing also references two other letters. The

writers of these letters have provided me permission to publicly file their letters. Attached hereto

as Exhibits 33 - 34 are true and correct copies of these letters.

Exhibit Letter From and To

33 Letter from Gilbert Arenas to Students and Principals of Scores for Schools, Jan. 26, 2010

34 Letter from Nardos King to Gilbert Arenas

4. The Memorandum in Aid of Sentencing references several news articles.

Attached hereto as Exhibits 35 - 52 are true and correct copies of these news articles.

Exhibit Description

35 “Arenas Admits ‘Bad Judgment’ In Firearm Flap,” AFP, Jan. 3, 2010

36 Tom Chiarella, “The Pathology of Gilbert Arenas,” Esquire, Nov. 2006

37 Dan Gelston, “Arenas Knows He’ll Likely Meet With Stern,” Associated Press, Jan. 6, 2010

38 Mark Heisler, “Gilbert Arenas’ Joke Could Lead to the ‘Bonfire of the Wizards,’” Los Angeles Times, Jan. 17, 2010

39 Jim Iovino, “NBA Suspends Gilbert Arenas Indefinitely,” NBCwashington.com, Jan. 7, 2010

40 “Jackson, Artest Suspended Following Court Pleas,” ESPN.com, July 14, 2007

41 Michael Lee, “Wizards’ Gilbert Arenas, Javaris Crittenton Suspended for Year,” Washington Post, Jan. 28, 2010

42 Michael Lee, “Wizards Learn to Love ‘Gilbertology,’” Washington Post, Apr. 24, 2005

43 Chris Palmer, “Finding Neverland,” ESPN: The Magazine, Oct. 23, 2006

4

Exhibit Description

44 John Reid, “Hornets’ Butler Arrested on Gun Charges,” Times-Picayune (New Orleans), June 24, 2008

45 Liz Robbins, “Playing with a Gleam in His Eye,” New York Times, Jan. 5, 2007

46 Peter Vecsey & David K. Li, “NBA Gunpoint Guards in Standoff — Teammates Pull Weapons on Each Other,” N.Y. Post, Jan. 1, 2010

47 Peter Vecsey & Dan Mangan , “NBA Team Hid Run ‘N’ Gun — League Never Told of Locker Room Duel,” N.Y. Post, Jan. 2, 2010

48 “White Suspended for Guilty Plea on Weapons Charges,” USA Today, Dec. 9, 2004

49 Michael Wilbon, “Gilbert Arenas’s Crimes Deserve Punishment, Not a Disappearing Act,” Washington Post, Jan. 14, 2010

50 Mike Wise, “The Story of 0,” Washington Post, Oct. 28, 2007

51 Mike Wise, “NBA Hands Arenas Indefinite Suspension,” Washington Post, Jan. 7, 2010

52 Jerry Zgoda, “NBA hands Telfair a Three-Game Suspension,” Star Tribune (Minneapolis), Oct. 15, 2008

5. The Memorandum in Aid of Sentencing references several press releases.

Attached hereto as Exhibits 53 - 56 are true and correct copies of these press releases.

Exhibit Description

53 Freddie Mac, “Freddie Mac’s Hoops for the Homeless Nets $600,000 to Help Fight Family Homelessness in DC Area,” Sept. 13, 2008

54 NBA Cares, “Small Steps Video Contest: Encouraging Young People to Get Healthy,” Nov. 12, 2008

55 NBA, “Arenas Receives NBA Community Assist Award for August,” Sept. 9, 2005

56 Wizards Care, “Gilbert Arenas to Host Private Meet-and-Greet Through the Make-A-Wish Foundation,” Dec. 3, 2009

6. O'Melveny & Myers LLP provided a statement on Mr. Arenas' behalf to Mrs.

Weekes ofCSOSA. This "Defense Attorney's Statement" is included in the PSR on pages 7 and

8. Attached hereto as Exhibit 57 is a true and correct reproduction of this "Defense Attorney's

Statement."

I declare under penalty of perjury under the laws of the District of Columbia that to the

best of my knowledge the statements in this Declaration are true and correct and that I signed

this Declaration on March 19,2010, in the District of Columbia

5