She claims (according to TMZ) that the tapes were made in person, not on the phone, and that he KNEW he was being taped. He wanted his conversations recorded because he forgot so many things. That’s what she claimed, anyway.
This morning on TMZ it says that NBA lawyers were able to authenticate that it was him on the recordings, and that it was clear he knew he was being recorded. No confirmation from anyone who will actually speak on the record, of course. At least not yet.