Convicted Feb. 2 on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS administered to racehorses by corrupt trainers for money and fame, veterinarian Seth Fishman has filed a motion in court requesting that the two convictions be merged into one.
According to the Thoroughbred Daily News, Fishman's motion alleges that the first count is “multiplicitous of” the second, or already contained within.
“Count Two alleged a broad, 18-year conspiracy–lasting from 2002 through 2020–with Lisa Giannelli, Jordan Fishman, Rick Dane Jr. and unnamed others,” the filing reads. “Count One alleged a subsidiary, four-year conspiracy–lasting from 2016 through 2020–with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others…
“On this record–even when construed most favorably to the government and drawing all inferences in its favor–the only plausible conclusion is that the lesser conspiracy charged in Count One was 'simply a species' or subset of the greater one alleged in Count Two.”'
Scheduled to be sentenced on May 5, Fishman faces up to 20 years in prison.
Nearly two years ago, New York U.S. Attorney Damian Williams' office charged Fishman, six other veterinarians, 11 trainers, and nine others, identified as PED distributors, with conspiring dope horses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.
The investigation began in 2018 and was headed by the Federal Bureau of Investigation and criminal investigators with the Food and Drug Administration.
Read more at the Thoroughbred Daily News.
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