During the scandal, the NBA hired Lawrence Pedowitz of the law firm
Wachtell, Lipton, Rosen & Katz to investigate Donaghy. In an October 2008 report, Pedowitz concluded that despite being interviewed by the
Federal Bureau of Investigation in August 2007 as a possible co-conspirator, Foster was likely innocent.
[6][13] Pedowitz framed Foster's frequent, short calls to Donaghy as consistent with Foster's communications with other referees while on the road, noting that Foster's
mobile network operator would record a call that went to voicemail as either one or two minutes long.
[14]