Servis Seeks to Have Wiretaps Thrown Out

Lawyers representing Jason Servis filed a motion Monday to have evidence against him that was obtained through wiretaps thrown out. Attorneys Rita Glavin and Michael Considine charge that the government obtained authorization from a court to tap into Servis's phone based on a sworn affidavit from an FBI agent that, they contend, “contained deliberately or recklessly false statements and the material omission of statutorily and constitutionally required information.”

The Servis legal team argues that the wire taps evidence should be thrown out because using it represents a violation of Servis's Fourth Amendment rights. The Fourth Amendment reads, in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

Servis has been charged with a long-running history of using performance-enhancing drugs on his horses, including the drug SGF-1000. The bulk of the evidence obtained against Servis comes from taps of his phone and the phones of others. The charges levied against him would be much more difficult to prove without the evidence from the tapped phones.

In an intercepted conversation with trainer Jorge Navarro, who is also under indictment, Servis said that he used SGF-1000 on “everything almost.”

Glavin and Considine are also seeking to have evidence obtained from wiretaps of the phones of Navarro, veterinarian Kristian Rhein and Alexander Chan, a veterinarian who worked with Rhein, suppressed.

“Mr. Servis's communications were unlawfully obtained as a result of those wiretaps, and he is an aggrieved party with standing to bring this motion,” his lawyers wrote. According to the original indictments release last year, Navarro is also heard admitting he used SGF-1000. On another intercepted call of note, Rhein tells Servis that, when it comes to SGF-1000, “They don't even have a test for it.”

The story was first reported by the Bloodhorse.

Servis's attorneys also charge that the government made “material misrepresentations” to the court about SGF-1000, stating that it is a performance-enhancing drug that contained “growth factors,” purposefully exaggerating the performance-enhancing qualities of SGF-1000 to obtain permission to tap the phone. The Servis lawyers write that SGF-1000 is not, in fact, a performance-enhancing drug. The filing reads: “SGF-1000 was tested on numerous occasions by independent laboratories and found to contain no growth factors. Instead, SGF-1000 tested as ovine (sheep) collagen, a substance which was unlikely to have any effect on a horse's performance at all.”

The motion also states that “SGF-1000 was repeatedly tested prior to the wiretap and found to contain no performance-enhancing substances.”

Whether or not SGF-1000 is a performance-enhancing drug could be a moot point. Throughout the case, the government has argued that even if a drug is not a performance-enhancer, it is illegal for a trainer to use it when their intent is to dope or “juice” a horse.

Despite the notoriety SGF-1000 has received because of the Servis-Navarro case, it is not hard to find it. It is available from the website vetpharmacystore.com, which is peddling a box of SGF-1000 for €170. The company describes SGF-1000 as an innovative formulation that includes “potent growth factors.”

The lawyers also charge that the government misled the courts about the urgency to use wiretaps at a time when it had not exhausted normal investigative procedures. “The Government failed to take even the most basic of investigative steps with respect to Mr. Servis, and instead ran to the district court for a wiretap as essentially its first investigative step,” they wrote.

In another attempt to bolster their case, the lawyers point out that Servis is “a trainer whose horses did not fail any post-race drug tests since the FBI's investigation in this case began in 2017 and through the date of the Mar. 9, 2020 Indictment.”

In Glavin, Servis has hired one of the top defense lawyers in the Northeast. It has been a busy few days for the attorney, who also represents New York Governor Andrew Cuomo, who is embroiled in a sexual harassment scandal. On Tuesday, New York State Attorney General Letitia James released a report alleging that Cuomo sexually harassed multiple women, including current and former government workers.

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Breeders’ Cup Presents Connections: Wycoff’s Three Diamonds Farm Runners Find Their Niche On Turf

Meeting Cross Border in the winner's circle after his successful title defense in Saturday's Grade 2 Bowling Green Stakes at Saratoga race course in Saratoga Springs, N.Y., was a special moment for owner Kirk Wycoff. The long-missed sound of fans cheering, the magnitude of the 7-year-old's performance on the track, and the ever-significant ability to share the moment with his family; it all played a part in the emotion playing over Wycoff's face as he gave Cross Border a well-earned pat.

“We didn't go in thinking we were going to win, and a lot of people had kind of written him off, so for him to give that performance, it was very special,” Wycoff said. “I was glad for him that he got that double under his belt, and to see him win.”

The Mike Maker trainee is also listed as the winner of the 2020 edition of the Bowling Green, though that trip to the winner's circle came as a result of the disqualification of Sadler's Joy, who'd crossed the wire in front by a neck after impeding Cross Border at the sixteenth pole.

“Last year he did it with no fans and the disqualification, so it was nice to see him get the win today,” said Wycoff. “This horse has been a project, like so many we buy out of the horses of racing age sales in July.

“My son Jordan picked him out because of a race he ran for $16,000 at Woodbine, and we bought him for $100,000. He had multiple little issues, so we gave him time off like we do with all our horses. It took eight months until he was right. Whenever you own one that long — we bought him when he was four — you get attached to them and so does the whole team.”

Cross Border has been holding his own against some of the top turf horses in the United States for the past year, running second in the G1 Sword Dancer (Aug. 2020) and third in the G1 Pegasus World Cup Turf (Jan. 2021). 

“I still think we could have won the Pegasus, but we didn't get the best trip,” Wycoff said. “In high level turf racing around two and three turns, the trip is extremely important; he got a great trip Saturday in the Bowling Green. He's a very handy horse, likes the tight turns at Saratoga and Gulfstream, so we'll keep that in mind when pointing him to future races.”

A return trip to the G1 Sword Dancer at Saratoga is likely the next target for Cross Border.

“It might be a little short for him, but he's definitely earned the right to run in a Grade 1 again,” said Wycoff.

Cross Border winning the Bowling Green

Meanwhile, Wycoff's Three Diamonds Farm (named for his three children: Kirby, Ashley, and Jordan) will have several other runners coming up at Saratoga, including G2 Black-Eyed Susan and G3 Iowa Oaks winner Army Wife pointing to the Grade 1 Alabama. 

Currently residing in Saratoga for the summer, Wycoff spent Monday afternoon at a charity golf event, and planned to accompany his wife Debra to the high-level show jumping competitions at Saugerties (about 1 ½ hours away) on other dark days. They'll reside in the bucolic horse racing town of upstate New York until it's time to head south for the Kentucky Downs meet.

Wycoff has loved horses for as long as he can remember, from taking riding lessons as a young man in Pennsylvania to acquiring his training license at Penn National as a hobby during college. He remembers mucking 40 stalls every morning before heading off to class!

Wycoff and his wife met through horse racing 44 years ago, and Debra is still riding today.

“My wife loves the jumpers, and still shows her amateur jumpers,” Wycoff said, referring to a division in which the height of the jumps is up to 1.3 meters, or approximately 4 feet, three inches. “It does make me nervous, certainly, but after 40 years of marriage, what you want as a husband is your wife to have a smile on her face.”

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A managing partner of the Philadelphia-based private equity firm Patriot Financial Partners, Wycoff decided to get back into horse racing in the early 2000s, once he and Debra's children were old enough. 

The couple ramped up their participation around 2010 when they were first introduced to Maker.

“We wanted to compete, to win, and in studying the business, we realized that we were not in a position then or now to buy very expensive, well-bred dirt yearlings and 2-year-olds,” Wycoff explained.  “We love turf racing because it's typically very close, so we concentrated on a part of the business where people didn't want to be. A lot of thought has to go into the horses you buy and where you race them, and we had to find trainers who could train two-turn turf horses. 

“It was apparent to us six years ago, when we claimed Bigger Picture, that horses that were middle level claiming horses at 1 1/16 miles could be stakes horses at 1 ¼, 1 ½ miles, if they were bred appropriately. According to my bloodstock advisers, I've unfortunately now made that obvious to everyone else!”

The Wycoffs and Maker have had significant success claiming horses and turning them into stakes competitors. Bigger Picture is at the top of that list: a $32,000 claim in November of 2015, he went on to win the G3 Red Smith in 2016, and the G3 John B. Connally Turf Cup and G1 United Nations in 2017.

Other claimers-turned-graded-stakes-competitors for the Wycoffs include Gianna's Dream and Roman Approval. 

The Wycoffs have also found success with purchases from the sales rings including: G1 Breeders' Cup Juvenile Turf winner Fire At Will, G1 winner Next Question, multiple G3 winner Field Pass, and G2 winner Hembree.

One of the benefits of having turf horses that run long, Wycoff explained, is being able to have sound horses into their 6- and 7-year-old seasons who often go on to have successful second careers. While his son Jordan particularly enjoys the racing aspect of the family business, Wycoff's eldest daughter prefers the aftercare side, and now has a four-stall barn of her own in Chester County.

Bringing the Wycoffs full circle is the fact that they just closed on a horse farm of their own in Lexington, Ky. It's a combination show jumping/Thoroughbred facility just a few miles away from the Kentucky Horse Park, and it's the first farm the couple has owned in over 40 years.

“Today the fence man sent me the bill to repair the fencing,” Wycoff quipped. “You know, whatever you plan for, it might not be what's next, but there's always something to be grateful for.”

The post Breeders’ Cup Presents Connections: Wycoff’s Three Diamonds Farm Runners Find Their Niche On Turf appeared first on Horse Racing News | Paulick Report.

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More Than Ready, It’s Pletcher’s Time

For at least a decade, there were no “if” or “when” questions about Todd Pletcher and the Hall of Fame.

If? By the time he won the GI Kentucky Derby for the first time with Super Saver in 2010, Pletcher, then a month away from his 43rd birthday, already had nine champions, four Eclipse Awards as outstanding trainer, four national money-earned titles, had topped the Saratoga trainers table six times and had earned the Gulfstream Park training title for the seventh consecutive year. Super Saver's Derby triumph was his 72nd Grade I victory.

When? With that remarkable resume in place halfway through his 15th season as a trainer, Pletcher already was a lock to be elected to the Hall of Fame at the National Museum of Racing. It just became a matter of time for him to become eligible in 2021, meeting the Hall of Fame requirement of 25 years as a licensed trainer.

As a result, the announcement in May of the first-time-on-the-ballot elections of Pletcher and 2015 Triple Crown winner American Pharoah might rank as the biggest non-story in racing this decade.

Pletcher, 54, will be formally inducted during the annual Hall of Fame ceremony Friday morning at Fasig-Tipton's Humphrey S. Finney Sales Pavilion. Since the 2020 ceremony was cancelled due to the COVID-19 pandemic, the Hall of Fame classes from both years–a total of seven people and three horses–will be inducted and honored. Pletcher will be the final inductee on the stage and said that he will deliver an acceptance speech that will last between six and seven minutes. If Pletcher's attention-to-detail past is prologue, he will hit the mark.

Pletcher with his father, JJ | Joe DiOrio

While he grew up in a racing family based in Texas, graduated from the University of Arizona's Racetrack Industry Program and was promptly hired by superstar trainer D. Wayne Lukas, Pletcher said the Hall of Fame was not something he aimed for in his youth.

“I never thought about the possibility of that happening,” he said. “Once things start going well you're aware of it. Certainly, having worked for Wayne while he was inducted, I was aware of that. But I didn't start off thinking that's my goal.

“The goals that we try to, as a team, put in place are pretty simple. We try to do the best job we can with each and every opportunity we get with each and every horse. In some cases that's winning a maiden New York-bred or a claiming race or whatever.”

That approach quickly carried Pletcher to the top of sport and ultimately to the Hall of Fame. He became racing's career leader in purse money earned in May 2014 when he passed Lukas with Jack Milton's victory in the Poker at Belmont. In September 2015 Pletcher became the first trainer to crack $300 million in earnings. He led the way to $400 million on January 30.

Since his father Jake trained Thoroughbreds and Quarter Horses in the Southwest, horses and racing have always been a part of Pletcher's life. He began helping his father when he was in elementary school.

“I knew early on that I wanted to train horses. The only time there was any question was just when I was going to do it,” he said. “I wanted to go to work right after high school and both of my parents felt very strongly that they wanted me to go to college. The one compromise that we made was that I go get a college education. I'm glad I did. It was a fun four years of my life.”

Thanks to his father's involvement in racing, Pletcher had summer jobs in high school and college with top trainers Henry Moreno, Charlie Whittingham and Lukas. In December 1988, during senior year in college, Pletcher met with Lukas. At that point, Lukas was operating a huge national stable with divisions being managed by his son Jeff and other talented young assistants, including Randy Bradshaw, Kiaran McLaughlin, Mark Hennig and Dallas Stewart.

More Than Ready, the first of Pletcher's top runners to find prominence as a sire | Horsephotos

“I sort of had an informal interview with Wayne at Santa Anita,” he said. “He told me I could count on a job, to give him a call when I graduated and he would tell me where to go. When I did that he said go to Belmont. Part of what was so great about that was going to work, not only for Wayne, but Jeff, who was the assistant for half a year and Kiaran was an assistant for the other half. I got to work under those two guys.

“Jeff was a huge influence. He was a pretty strict disciplinarian, but he was a good coach. He expected things done a certain way. I think learning under him was important. And then the other half of the year working with Kiaran, I got to work with two guys, very different personalities, that were both very talented horseman. It was a really good balance for me.”

Pletcher has said through the years that being hired by Lukas was important to the development of his career.

“It was such a great learning environment, to not only being exposed to so many good horses, but seeing the organization itself and how that operated,” he said. “Plus, by being in a larger organization, you were able to get some additional responsibility that you might not in a smaller barn.”

Lukas said that it was clear from the beginning that Pletcher was a good fit for his stable.

“He started out right. He had a very strong work ethic and he had a great attention to detail,” Lukas said. “One of the things that we impart to those guys is attention to detail and organization. We organize the barn. That comes from my coaching background probably, but we organize the barn. He adapted to that and fell into that very quickly and became very, very strong.”

In 1991, Pletcher was promoted to assistant trainer. He stayed on with Lukas, managing barns in New York and Florida until late in 1995 when, at the age of 28, he took out a license to open his own stable.

“It was very difficult to leave,” he said. “You're walking away from a tremendous assistant job. You're working around the best horses in the country. To leave that and open up a stable where I had seven horses, none of which had ever won a race; it was intimidating to leave that but for me it felt like it was time to. If you're ever going to do it, you just got to do it.

Pletcher and Lukas in 2006 | Horsephotos

“Sometimes as an assistant, you kind of think the phone's going to ring one day and 'Hey, you've got 20 horses that I want you to train.' I think after a little while you realize that you've just got to get out there and try to do it yourself and see if you can succeed. I talked to my parents a lot about it, to my wife a lot about it and we decided it was. Let's give it a shot.”

Pletcher's first career starter, Paramount, finished sixth of 12 on Jan. 13, 1996, at Gulfstream Park. Thirteen days later, Pletcher won with his second runner, Majestic Number, in a maiden claimer race for 3-year-old fillies. Jerry Bailey, who had been Pletcher's babysitter on occasion years before when he prepping for what turned into a career as a Hall of Fame jockey and whose father was Pletcher's dentist, was up for that important first victory.

In July 1996 at Monmouth he picked up his first stakes win with Stu's Choice in the $40,000 John McSorley. The first graded stakes win came in 1998, the year that the 31-year-old won the first of his 14 Saratoga titles. According to Equibase, through Sunday, Aug. 1, Pletcher was seventh in career wins with 5,155 and his $409,890,881 in career earnings was more than $48 million clear of runner-up Steve Asmussen. Pletcher's website shows a total of 1,328 stakes won by his runners. That list of stakes includes two Derby wins; three in the GI Belmont S.; four GI Kentucky Oaks; six GI Florida Derbys; three in the GI Whitney and two GI Travers. He has won a total of 11 Breeders' Cup races in nine divisions. Many of his top horses have been ridden by Hall of Fame jockey John Velazquez in a longstanding partnership.

Pletcher said that the filly Jersey Girl and More Than Ready, who won of a total of 13 stakes between them from 1997 to 2000 were the horses that put him on the map. His legacy, he said, is likely to be the colts that raced for him and went on to become prominent stallions, starting with More Than Ready. When it is posed, Pletcher gently pushes away an obvious question on the eve of his Hall of Fame induction: does he have a favorite horse?

Pletcher got his first Classic win with Rags to Riches | Horsephotos

“No, and I try to avoid that,” he said. “I've always said the most excited I've ever been after a race was when Rags to Riches won the Belmont (2007). That's still holds true for a lot of reasons. One, just the enormity of a filly winning a Belmont. But the fashion that it happened when she stumbled at the start and the stretch-long duel (with Preakness winner Curlin). My first Classic win and Johnny's first Classic win. It was just so much to be excited about.

“As far as all-time favorites, I've been blessed to have a lot of good ones.”

Like Lukas and other prominent horsemen who found early success and established their Hall of Fame credentials, Pletcher had to wait until he reached his year of eligibility to be placed on the ballot. Lukas said Pletcher had made his mark long ago.

“His career, exemplifies so much perfection, so many good things,” Lukas  said. “That's what it's all about. He's why we put people in the Hall of Fame when they have the character and work ethic and achievements that he's put together. That's why we get guys in. I'm glad to welcome him to our fraternity.”

Pletcher's wife Tracy, their three children and his parents will be part of the group of about 15 family members that will attend the induction. Typically composed in victory and defeat, Pletcher said he's not sure how he will react when it's his turn to be inducted.

“Everyone that I've talked to said yes, be prepared to be emotional,” he said. “Hopefully I can hold it together, say the right things. I'm going to be careful about naming too many individuals because I fear leaving someone out.”

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