February, 2021 | Horse Racing Free Tips

Navarro Among Handful Of Federal Defendants Filing Motions To Dismiss Drug Charges

Jorge Navarro, Dr. Seth Fishman, Jordan Fishman, Lisa Gianelli, Dr. Erica Garcia, Rick Dane Jr., Christopher Oakes, and Michael Tannuzzo have all entered documents in U.S. District Court asking a judge to dismiss charges against them related to drug adulteration and misbranding conspiracy.

Defendants Seth Fishman and Gianelli filed a motion to dismiss various counts of the superseding indictment last week, which was followed by letters of intent from attorneys for Navarro, Garcia, Jordan Fishman and Dane stating their intent to join in. The motion from Fishman and Giannelli's attorneys site a few different bases for the motion, particularly that the counts as written don't allege illegal actions under the Food Drug and Cosmetic Act, which is the basis for the criminal charges.

According to texts and phone calls intercepted by the FBI, Navarro requested misbranded or adulterated drugs from Fishman for administration to horses in his care, including X Y Jet, who died suddenly of an apparent heart attack in January 2020.

Their motion also casts doubt on who was supposedly deceived by their alleged activities involving misbranded drugs. The indictment stated that the drugs were designed to evade detection by state racing officials or tracks, but the defendants claim that misleading state officials and racetracks isn't a federal crime under the Act.

Oakes' motion includes similar language, while Tannuzzo's states that the first count of the superseding indictment “fail[s] to state an offense as applied to him.”

The government has not yet responded to those motions and letters of intent, filed Feb. 5.

The federal case includes five total counts — four charges of drug adulteration and misbranding conspiracy and one count of mail and wire fraud — with different groups of defendants attached to each, dependent upon their alleged actions and relationship with each other. Charges were originally filed in March 2020 accusing more than two dozen people in the Thoroughbred and Standardbred industries of doping racehorses with adulterated or misbranded drugs or supplying such materials to horsemen. A superseding indictment was filed in November 2020 and left off a number of the original defendants from the March indictment, including Gregory Skelton, Ross Cohen, Nick Surick, Chris Marino and Henry Argueta, though it's unclear whether that means those defendants have taken deals with prosecutors. Their case files remain open with no plea change as of this writing.

According to a status conference last summer, discovery in this case is not expected to be completed before late fall, as attorneys for the Southern District of New York have provided voluminous evidence collected by a lengthy FBI investigation to defense counsel. That status conference set dates by which various motions and subsequent responses would be due by both sides in the case, and those deadlines stretch on through the spring.

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BHA Responds to Hollie Doyle’s Inquiry Concerns

The British Horseracing Authority has acknowledged jockey Hollie Doyle's concerns regarding the handling of a recent stewards' inquiry and expressed their thanks to Doyle on Monday.

During a BHA inquiry last month, Doyle indicated concern over the inquiry process itself. Doyle's inquiry dealt with improper use of the whip aboard Echo Brava (GB) (Proclamation {Ire}) at Kempton in January and resulted in a six-day ban. She opted to appeal, in part due to the stewards' tone when conducting the original inquiry.

“It's important all parties involved in a stewards' inquiry have faith in the process and feel that they are given the opportunity to state their views in an objective environment,” said a BHA spokesman. “We are grateful to Hollie for raising the concerns she had following her experience at Kempton.

“Over the past two years the BHA has developed and facilitated training for all stewards across the country on process and procedure–and while the pandemic has had an impact on that, further professional development in this regard is ongoing and planned in 2021.

“We also note the disciplinary panel, in dismissing the appeal against the six-day ban Hollie Doyle received for using her whip in the incorrect place, felt she had been able to make all of the points she hoped to raise in responding to the charge in the original inquiry.”

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Group 1 Trainer Robert Armstrong Passes Away at 77

Retired trainer Robert Armstrong passed away on Feb. 5 after a brief illness, reported Racing Post. He was 77.

A trainer of champions Moorestyle (GB) (Manacle {GB}) and Never So Bold (GB) (Bold Lad {Ire}), Armstrong trained from his Newmarket base of St Gatien Stables for 27 years until 2000. He was a third-generation trainer after his father and grandfather. In total, his horses won 13 Group 1 races. Sheikh Hamdan utilised Armstrong as a trainer for approximately 15 years until his retirement. One of the notable winners in the Shadwell blue and white was Maroof (Danzig), who saluted in the G1 Queen Elizabeth II S. in 1994.

“It's very sad news,” said Shadwell Racing Manager Angus Gold to Racing Post. “Robert was a wonderful man to me personally and he had a very good relationship with Sheikh Hamdan.

“We enjoyed a lot of good times together and he was a very easy man to deal with. He was a fascinating man to be around and was a very generous host and a great trainer to boot.”

“Mujadil and Mujtahid were probably the best he trained for us as well as Maroof who was an underrated horse. There certainly was no fluke about the way he won the QEII that day.”

Armstrong is survived by his wife Jane, sister Susan Piggott, the wife of legendary jockey Lester Piggott, and nieces Tracy Piggott and Maureen Haggas.

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Jason Litt: Why I Left the KTA

It's no secret the horse industry is struggling. But like any good optimist, I'm always open to new ideas. I recently read Simon Sinek's book, Start with Why: How Great Leaders Inspire Everyone to Take Action. The oversimplified concept of the book is how understanding your 'why' can contribute to your success.

This is my 'why' I chose a career in horse racing.

I love horses. From the unbelievable softness of a newborn foal to the rippling musculature of a stallion, they are majestic.

As an agent, breeder and owner, I enjoy being a custodian of the breed–a breed of horse that's over 300 years old, a breed that is noble, intelligent, honest and highly competitive. I often remind myself that it's a privilege, not a right, to be a part of the Thoroughbred horse racing industry. I've been fortunate over the last 20 years to work with amazingly talented horses, including some champions. I love the notion that 50 years from now, some of the horses I've been involved with may continue to have an impact on the breed.

I love competition. In 1999, I visited Keeneland for the first time for the September yearling sale with my father, Howard Litt. My father loved the sport. He loved the Damon Runyon-style characters that exist in every racetrack ecosystem, and he loved the mental gymnastics required in handicapping and athleticism of the horses. He sparked my competitive spirit when he made the statement as we were watching horses go through the ring, “Wouldn't it be cool if out of all of these horses you could pick a good one?”

Simply put, horse racing is hard. The lows of the game can deflate the most optimistic of individuals. We've all experienced hot nails, quarter cracks, spiked temps, colic, skin disease and failed fence jumpers, yet we are all bound by our persistence, determination and staying power. There is nothing more gratifying and fulfilling than winning a race and sharing that sense of accomplishment with a group of owners, friends and colleagues. Watching the replay on a continuous loop and recapping every nuance of the race with anyone that will listen isn't bad, either.

I hope you have an understanding of my 'why.' When I joined the Kentucky Thoroughbred Association three years ago, I was open-minded and excited about making a difference. Unfortunately, the gap between my 'why' and that of the KTA is too large to bridge, and therefore I am stepping down as a Director and making my reasons public. It's never too late to learn from our mistakes, hold people accountable for their actions or lack thereof and to embrace bold ideas.

Unfortunately, the recent events regarding HHR show how unprepared the organization has been to address an issue that has been working through the courts for over seven years. There is no disputing how important the revenue from HHR has become to the health of our industry. It is the KTA's role that all members in the assembly understand and appreciate the importance of our industry to both Kentucky's economy and image. The fact that there has never been a successfully organized KTA effort to educate legislators or develop a plan to support the election of legislators that will have a favorable perception of our industry is shocking.

I can no longer in good faith be associated with an organization that has been caught so unprepared to take a stand to protect the Kentucky Thoroughbred and all the jobs associated with this industry.

Sincerely,

Jason Litt

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