Report: Michael Tannuzzo Gets 27-Month Prison Sentence For Role In Horse Doping

Michael Tannuzzo, a New York-based trainer who pleaded guilty in July to one count of drug adulteration and misbranding, on Monday was sentenced to 27 months in prison by U.S. District Court Judge Mary Kay Vyskocil, according to Matthew Russell Lee writing for Inner City Press, an online publication that covers activities at the Southern District of New York courthouse.

Prosecutors recommended a sentence on the lower end of the sentencing guidelines of 30 to 36 months imprisonment.

In a change of plea hearing, Tannuzzo admitted to connecting an unnamed trainer with co-defendant Ross Cohen for the purpose of helping the trainer procure a performance-enhancing drug. Tannuzzo denied ever doping his own horses, though prosecutors said in their letter to Judge Vyskocil that Tannuzzo sought illegal drugs and advice from convicted trainer Jorge Navarro on how to best use them.

In a hand-written letter to the judge, Tannuzzo apologized for his actions in the case, saying, “I should never have been involved with these people; I should have known better.”

Tannuzzo wrote that he began walking horses at the age of 15 and continued to work with them for the next 35 years.

“Horses saved me from taking the wrong path in life,” he wrote.

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Trainer Tannuzzo Gets 27-Month Prison Sentence in Doping Case

The barred Thoroughbred trainer Michael Tannuzzo, 50, was sentenced to 27 months in a federal prison on Monday as part of plea agreement in which he had previously copped guilty to one felony count of drug adulteration and misbranding with the intent to defraud or mislead.

Tannuzzo, a native of Brooklyn and Queens who had 11 horses racing at Aqueduct at the time of his Mar. 9, 2020, arrest, made headlines 24 hours later by steadfastly declaring his innocence and maintaining that the New York State Gaming Commission shouldn't have suspended his license after learning he had been booked by the feds on felony charges related to equine drugging conspiracies.

Tannuzzo told Daily Racing Form at that time that he was being targeted because his “best friend” was the trainer and high-profile defendant Jorge Navarro. His conspiracy charges were related to Tannuzzo picking up a package of a purported performance-enhancing drugs (PEDs) from Navarro's residence and delivering it to him at Monmouth Park. Tannuzzo said that equated to “guilt by association.”

But since Tannuzzo made those initial statements in the press nearly three years ago, Navarro has long since admitted to doping his horses, changed his own plea to guilty, and is currently serving a five-year prison sentence.

Tannuzzo was also ordered to pay $15,893, representing the value of “forfeitable property,” or the drugs in this case.

The Blood-Horse first reported Tannuzzo's prison sentence, citing a source who was present in the courtroom. The online docket for this case was not updated prior to deadline for this story, which is not unusual for court actions that occur late in the afternoon.

According to a sentencing submission filed by prosecutors, Tannuzzo “distributed, procured, and administered PEDs to dope racehorses and corruptly improve their race performance. Tannuzzo collaborated with convicted co-defendant Jorge Navarro in furtherance of Navarro's doping program.

“Not content to assist, Tannuzzo personally procured PEDs from multiple sources to administer to horses he controlled. Tannuzzo was involved in the offense conduct for approximately one year. In that time, Tannuzzo engaged in repeated efforts to dope horses under his care. Tannuzzo also displayed deep knowledge of the extent of Navarro's doping program and took steps to facilitate it.”

The submission continued, “Notwithstanding these efforts, Tannuzzo has repeatedly downplayed the fact and extent of his criminal conduct. Tannuzzo's minimization originated with his post-arrest statements to the press and extended to his allocution during the change of plea hearing. But the defendant cannot reasonably dispute the facts supporting his conviction: Tannuzzo obtained, and assisted others in obtaining, unapproved, untested, novel PEDs intended for administration on horses in violation of racing rules, despite the inherent risks of subjecting animals to unnecessary and unknown medications.”

The government had requested a sentence “at the low end of the Stipulated Guidelines Range of 30 to 36 months' imprisonment.” Tannuzzo's lawyer, in his own sentencing submission, had asked for probation or home confinement.

According to a trove of wiretapped calls that federal prosecutors had intended to use as evidence had the case gone to trial, on Mar. 3, 2019, Navarro and Tannuzzo discussed modeling a doping program based on one Navarro had used on his elite-level stakes sprinter, X Y Jet. A key takeaway from this discussion is that neither trainer seemed sure of the name of the substance that would be administered.

Navarro: What I'm going to do is tap his ankles, put him in a series every week with SGF. I'm just trying [to get] my vet to give me a good price, man, because I want to [expletive] tap every week.

Tannuzzo: You're going to tap him every week?

Navarro: Yeah, with SGF. That's what I did with X Y Jet. I'm going to call my vet up north, my surgeon, to see how he did it to X Y Jet and that's it. Don't worry man, you're in good hands. Don't worry.

Tannuzzo: You're talking about the HGF, not the SGF.

Navarro: Yeah, yeah, yeah. Whatever. The SGF whatever. The thing that you sent me in the syringe.

Tannuzzo: Yeah.

Within 10 months of that conversation, X Y Jet would die suddenly under Navarro's care, allegedly from cardiac distress that has never been fully documented or explained.

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‘Be Careful What You Wish For’: Potential Outcomes Following HISA Ruling Could Include Supreme Court Or Congressional Edits

Uncertainty has been abundant in horse racing over the weekend following Friday's Fifth Circuit U.S. Court of Appeals ruling that the Horseracing Integrity and Safety Authority is unconstitutional because HISA delegates government power to a private entity without sufficient federal agency supervision.

The Thoroughbred Daily News spoke with constitutional law expert Lucinda Finley, Frank Raichle Professor of Trial and Appellate Advocacy, and director of Appellate Advocacy at the University of Buffalo Law School, in an attempt to answer some of the most pressing questions.

According to Finley, the Fifth Circuit's decision is only legally binding in Louisiana, Texas, and Mississippi.

That said, the Fifth's ruling could influence the decision of the other 10 districts, including the Sixth, which is set to tackle a similar constitutional concern about HISA on Dec. 7. If the Sixth disagrees with the Fifth, the Supreme Court would be likely to hear the case to deliver one single national ruling.

However, Finley believes there is a strong chance that the Supreme Court would agree that HISA is unconstitutional.

“This current court has signaled that there are at least four, perhaps five, justices who would like to curtail the power of regulatory agencies, broadly,” said Finley. “This case could present a vehicle for them to do that, to cut back not only on the ability of agencies to use private bodies that have expertise to help them develop their rules, but potentially to cut back on the rule making authority of regulatory agencies, in general.

“There are all kinds of examples throughout our entire regulatory system where agencies rely on private expertise. If the Supreme Court takes the case, it would really be about much more than just HISA.”

Of course, one “fix” for HISA's legal issues would be for Congress to give the Federal Trade Commission “more authority to change, add to, delete, or reject the proposed rules that HISA develops.”

Were that to happen, Finley believes the FTC would be far less receptive to stakeholder concerns.

“So, be careful what you wish for,” said Finley.

Read more at the Thoroughbred Daily News.

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