Final Witnesses on Stand in Giannelli Trial

by Bill Finley and Robert Gearty

Federal prosecutors called their final witnesses May 3 at the New York horse doping trial of Lisa Giannelli.

The end of the government's case sets the stage for what could be the trial's climax: Giannelli's testimony in her own defense. The trial resumes May 4.

The government's witnesses Tuesday included Adrienne Hall, a harness trainer who also testified against veterinarian Seth Fishman, whom prosecutors believe Giannelli conspired with, and a retired special investigator with the Pennsylvania Racing Commission.

Hall testified that after first reaching out to Giannelli she sent Fishman a text saying that she wanted to know if he could help her come up with “pre-race options” for a horse she had just acquired.

On cross-examination, Hall was quizzed about her deal with prosecutors in which she agreed to testify in exchange for a non-prosecution agreement.

“I was committed to help regardless of signing an agreement or not,” Hall told Giannelli's attorney Louis Fasulo.

She said she was testifying “because I believe this will help the sport, it will help the horses and we really need that today.”

“You care about the integrity of racing?” Fasulo asked.

“Very,” Hall replied.

“You were part of the problem and now you're the remedy?” Fasulo said.

Hall insisted she wanted the sport to change.

“I bought two bottles of VO2 Max from Lisa Ranger,” Hall told the jury of eight men and four women.

Hall testified the sale took place in 2019 and that she knew Giannelli at the time by her married name.

Prosecutors have described VO2 Max as an adulterated and misbranded PED designed to help a horse respire.

They showed the jury a June 2019 invoice for two bottles of VO2 Max and the $158 price. The return address on the invoice was Giannelli's home.

At another point, Fasulo seized on Hall's answer to a question in which she denied using PEDs out of greed.

In fact, she lost money, she testified.

“You did it to lose money?” Fasulo said.

“I did it to keep my horses,” she said.

The investigator who testified was Rita Noblett, who retired in 2021.

She said contraband medications were seized from trainer Silvio Martin during a search of his pick-up truck that took place in February 2020 at Parx Racing.

“He was coming through the gate and I asked him to pull over,” she testified.

She said the substances were Banamine, Butaject, and Dexium. Also seized were syringes and needles.

The medications were contraband because the bottles had no prescription labels.

Prosecutors said the bottles were found in a box with a shipping label addressed to Fishman at Giannelli's address in Delaware.

Noblett testified it took her days to reach Martin to interview him.

“I tried to get a hold of him numerous times,” she told the jury. “He never responded.

She said when she finally spoke to Martin, he said Fishman was his veterinarian at his private farm.

Noblett testified she thought it was odd that Fishman, who was from Florida, was the vet for Martin's farm in Pennsylvania.

“It didn't make sense to me,” she testified.

On cross-examination, the witness testified that Martin's private farm would not have fallen under the jurisdiction of the Pennsylvania Racing Commission.

The post Final Witnesses on Stand in Giannelli Trial appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Caught Up In Fishman Scandal, Hall Tells Her Story

It was back in October of 2018 that a small-time harness racing owner and trainer named Adrienne Hall reached out to veterinarian Dr. Seth Fishman. She was new to the Florida harness circuit and says she simply was looking for a vet to help her with her horses. What she did not know at the time was that she had just made one of the worst mistakes of her life.

Hall's relationship with Fishman evolved and became complicated. It led to Hall, 42, testifying earlier this year in court against Fishman in his trial for selling performance-enhancing drugs to, among others, disgraced Thoroughbred trainer Jorge Navarro. It was during that trial that Hall admitted Fishman also supplied her with illegal drugs that she used to improve the performance of her horses.

Unlike Fishman, who was found guilty by a jury, Hall will not be going to prison. But her career in harness racing may be over, she faces a likely suspension from the New Jersey Racing Commission and she says she is not holding up well in the aftermath of her testimony. She says she is “in bad shape” and on medications to get through the day.

While she understands that she brought this upon herself, Hall maintains that she has been unfairly portrayed in press reports covering the Fishman trial and that she testified against him not to avoid prosecution but because she wanted to help clean up the sports of Thoroughbred and Standardbred racing. With that in mind and in hopes that she could at least somewhat change the narrative, Hall agreed to what became a lengthy interview with the TDN last week.

Below are the subjects that were covered. They include Hall's take on her own situation, what she says she did and did not do wrong and her insights into Seth Fishman and his operation and the culture of doping she believes permeated the Standardbred game.

“It appeared to me that it was chemical warfare out there,” she said. “How was I supposed to compete against horses that don't get tired?”

(*) Hall said originally she had no idea that Fishman sold illegal drugs. She was looking for veterinary help after moving from Ohio to Florida and said that Fishman came highly recommended.

“I had horses who were tying up,” she said. “I had questions about how to raise red blood cell counts because my horses were borderline anemic. I really wanted help and I trusted him. I had heard really good things about him and how smart he was and that's why I wanted to utilize him. I did not specifically reach out to Dr. Fishman for performance-enhancing drugs.”

(*) Fishman, Hall said, seemed particularly eager to work with her. She believes she now knows why. She had worked in an office job for Todd Pletcher and says she also had some connections with top harness trainer Tony Alagna. Fishman asked her to approach both trainers to see if they were interested in buying his drugs. She says she never contacted either one.

“It was my understanding that Navarro was not paying his bills and he was getting really fed up with him,” she said. “He wanted a big stable to come in and take his place. That's the only reason why I can think of he would give me any attention.”

In June of 2019, Hall said she spoke to Fishman for the last time.

“He said, 'I really regret trying to help you because you did nothing but waste my time,'” she said.

(*) During her testimony, Hall admitted using PEDs on a horse and excitedly told Fishman after she won a race that the drug appeared to have made a major difference. While admitting she used the drug, Hall said she resisted temptation to use concoctions that are even more powerful.

“I told him that I didn't want to use Epogen and I didn't want to use baking soda,” she said. “I didn't want to use anything that would tear up my horses. I just wanted something that would give my horses an edge.”

She said she was motivated to use an illegal substance because she was frustrated that she had been beaten so often by trainers she suspected of using drugs, calling harness racing a game of “chemical warfare.”

“It was a stupid thing to do,” she said of using PEDs. “I was not having a lot of luck. I didn't know what I was doing wrong. How do I compete? How do I get better? But, I knew it was wrong and I was breaking the rules.”

(*) News reports during Fishman's trial suggested that the only reason Hall testified against Fishman was that she was granted immunity. She says that is not the case.

“Misinformation came out, that I was there under some deferred prosecution agreement, or I was subpoenaed or in fear of being arrested or indicted. That was never the case,” Hall said. “I wanted to help them. They said they were going to clean up the sport and that this would be good for the horses. They told me that I was doing a really good thing. Yeah, I messed up and I made a mistake, but I didn't realize [Fishman] was as bad as he is. The more I heard about horses dying and XY Jet dying, I started to understand, I started to realize how bad he was.

“Everyone says you shouldn't have talked to them from the beginning, you should have kept your mouth shut. I look at it differently. Someone has to do something. The harness industry is in really bad shape. I wanted to be a part of making things change.”

(*) After the trial, Hall was permitted to racehorses at the Meadowlands by track owner Jeff Gural, who said that banning her would discourage future whistleblowers from coming forward. Gural, however, won't have the last say. Hall said she has met with the New Jersey racing Commission, which told her she is under investigation. She expects she will be sanctioned by the commission and if her license is suspended, she would not be able to race at any track. A lifetime ban is not out of the question.

The potential racing commission ban is one of many problems she has faced since testifying. Her license issued by the United States Trotting Association (USTA) has been revoked and she said she has been the target of several nasty postings on social media calling her, among other things, a “rat.” She says she was not prepared for what was to come and the stress she has been under. She says she would not recommend to anyone in a similar situation that they come forward.

“I don't think I would recommend anyone come forward after what the USTA and the public did to me,” Hall said. “The USTA stripped me of my membership and they didn't want to hear my side. I would definitely think twice about helping if I ever had a chance to do this again.”

(*) Hall got close enough to Fishman that he would tell her some of the details of his operation and the sale of illegal drugs. While Fishman was selling things like vitamins that are legal, he told Hall that many of his clients were buying PEDs.

“He confided in me about some really high-profile people in harness racing who were, let's put in this way, not buying vitamins. He told me what their drug of choice was and it was not a supplement, if you know what I mean.”

Hall declined to disclose the name of the drug or any trainers she believed were buying it from Fishman.

(*) Despite her problems with Fishman, she has never stopped respecting his intellect.

“I think he is absolutely brilliant, but he used his brilliance for bad reasons,” she said. “I don't know why. Maybe he got greedy or he thought he could outsmart people or he was that egotistical and thought that he would never get caught. He used his brilliance to do the wrong things.”

The post Caught Up In Fishman Scandal, Hall Tells Her Story appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Hall Testimony: Fishman Doping Program Could Cost $400 To $1,500 Per Horse, Per Month

As exhibits and transcripts from the trial of Dr. Seth Fishman continue to be acquired by members of the trade media, Harness Link reported over the weekend it had acquired a copy of the testimony given by owner/trainer Adrienne Hall, who appeared as a witness for the prosecution.

The publication presented the transcript in its entirety here.

Fishman was convicted by a federal jury last week on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of performance-enhancing substances given to racehorses.

His sentencing is currently scheduled to take place during the first week of May. The maximum term he may face in federal prison is 20 years.

Jeff Gural, owner of the Meadowlands, has been outspoken in his support of Hall, who admitted to purchasing PEDs from Fishman in an effort to improve her horses' performance. Hall has seen her membership in the U.S. Trotting Association revoked, but Gural does not plan to ban her from his track. A spokesman for the New York State Gaming Commission also indicated that there were no restrictions in place on Hall's license as of last week.

The transcript notes several occasions when wiretapped phone calls were played for the jury. The contents of an audio recording is not typically captured on the court reporter's transcript and is not included here.

Here are a few takeaways from the transcript:

  • Hall initially contacted Fishman in an effort to find a veterinarian to serve her new training operation. She contacted Lisa Ranger on a recommendation from a fellow trainer in Ohio identified as Daniel Mier and purchased electrolyte jugs, iron sucrose, folic acid, vitamin B-12, Caco Copper, Amicar, and vitamin C from Equestology through Ranger. Hall was new to Florida at the time and interested in finding a new veterinarian to do lameness examinations on her horses. She inquired about whether Fishman could do this, but he later explained he did not do lameness work due to back problems. In fact, she said, Fishman never did any kind of examination of any of her horses. Hall later found a different veterinarian to do the work but never made any inquiries as to whether he could sell her any pre-race PEDs.
  • Fishman later detailed to Hall that he'd been investigated by an unidentified state veterinary board.
    “Here's reality,” read a text from Fishman to Hall, which Hall was asked to read on the stand. “I was tortured so much by race commission without a client ever getting a single positive other than stupid shit like Bute given by another vet. I voluntarily gave up my license and then the veterinary board had me investigated for BS. They even accused Lisa of practicing veterinary medicine. I spent $25,000 in legal fees and had a personal political favor called in to end the BS.”
  • Hall corresponded with Fishman anyhow in hopes he could help her with a pre-race program for her horses, which would eventually include products she understood to be VO2 Max, a blood builder, and equine growth hormone.
  • Those products were given to Hall in vials with instructions they be reconstituted with sterile or bacteriostatic water before being injected — a process that made Hall nervous, since she did not want to accidentally put the product into the wrong vein or into a muscle and harm the horse.
  • Fishman told Hall in text messages that a blood building program would run $400 to $800 per month per horse. “A good program for blood, tissue regeneration and muscle factors is normally $1,250 to $1,500 per month,” Fishman told her. He offered to discount that program to $750.
  • Hall said Fishman never charged her for the PEDs he gave to her. He did indicate at one stage that if she referred other trainers to him, that she could make a commission off those sales. She assumed his interest in working with her was primarily the hope she could connect him to larger-scale operations where he believed she had a connection.
  • Hall indicated that there were rumors that Tony Poliseno, apparently Donato Poliseno, who is a defendant on a separate indictment, was selling product trainers in Ohio believed could be suspect. Poliseno was on the Fishman client list presented as an exhibit by the prosecution during the trial.
    “…By the time I had left Ohio or when I was getting ready to leave Ohio, a lot of trainers were getting fed up with Poliseno,” Hall testified. “There were rumors that he was selling them products that were not as they were labeled. Horses were having bad reactions. Some of it they thought could have just been saline, so they were wasting money. A lot of people were stopping buying from him, and that's kind of how I came across Equestology.”

Read the complete transcript at Harness Link

Source of original post

Cohen: Harness Racing Is Trying To Ignore Biggest Scandal (Yet) Of The Year

“If you see something, say something,” unless it's embarrassing and maybe criminal. 

The biggest story in horse racing last week was the federal conviction of Dr. Seth Fishman after a horse-doping trial that ought to strike fear in the hearts of the racing communities across the world. Seemingly caught red-handed, with his lawyer lamely trying to portray him as a paragon of virtue, Fishman almost certainly is going to prison. It's even more certain that his customer database, in the hands of federal lawyers or investigators and now made public, threatens to turn a really bad scandal about the prevalence of doping into an existential crisis for both Thoroughbred and Standardbred racing.

The second biggest story of the week, at least as far as harness racing goes, was the industry's lack of alarm about Ross Cohen's testimony in Fishman's trial. Cohen was a harness trainer of little note until he pleaded guilty and then helped the feds incriminate Fishman. As part of his plea deal, Cohen told prosecutors and the jury that he fixed harness races at Yonkers Raceway, in New York, one of the most historic and important tracks in the country. Cohen made the allegations under oath and penalty of perjury and it's hard to imagine that federal prosecutors don't have a reasonable belief that he is telling the truth.

The third biggest story of the week, in harness racing, was the decision by Jeff Gural, owner and operator of the New Meadowlands Racetrack (and, full disclosure, a partner of mine in several horses) to allow trainer Adrienne Hall to race horses at the track despite her damning testimony against Fishman. Hall says she bought the illegal drugs Fishman was peddling and used them on a horse, who did so well doped up Hall felt compelled to thank Fishman for the juice. “He dominated. He was a completely different animal. I was so happy,” Hall reportedly told Fishman. Like Cohen, Hall copped a plea. Unlike Cohen, Hall is getting another chance.

And, finally, came publication of the Thoroughbred Daily News' interview with Scott Robinson, now serving time in a federal penitentiary in Florida for selling and distributing misbranded and adulterated drugs. “I sold to everybody,” Robinson now says. “More people should be indicted. Definitely.” But he adds that the feds (and presumably state racing commissions) have not pressed him to divulge the names on his customer list and he isn't inclined to do so. He told Bill Finley at TDN without an apparent shred of irony: “I know my career is over, but there are people out there who still work in racing and their livelihoods are at stake.”

These are stories about cheating and doping and bad medicine that are vitally important today and likely to be important for years to come. They raise questions and concerns of racing integrity at a time when the future of the Horseracing Integrity and Safety Act hangs in the balance. A federal judge is likely to rule soon on a request for an injunction against the federal legislation, a challenge brought by a few rogue horsemen's associations, including the United States Trotting Association, the increasingly-divisive trade group that wants to scuttle HISA even though harness racing is not covered by the limbo-ed new law.

There are, thankfully, still enough independent media voices within the world of Thoroughbred racing (including The Paulick Report, of course) to cover these stories and to shed light on the problems the industry faces. The same cannot be said of coverage of harness racing. There are only a few outlets that offer anything resembling independent news coverage and virtually none of that coverage is investigative. Some of this is a matter of practicality. There simply aren't enough legitimate journalists who are both interested in and capable of covering the sport. And some of it is a matter of policy. Few want to pay someone to ask tough questions.

So we get what we've gotten over the past few weeks. Belated pool coverage of Fishman's doping trial (coverage which, I should say, was good) and virtually no public mention of Ross Cohen's role in the case. “I paid drivers for somebody to hold their horses back in races,” Cohen reportedly testified. Which drivers? He was not asked and did not say. The New York track is owned by MGM Resorts and presided over, at least from the horseman's perspective, by Joe Faraldo, who is both the president of the Standardbred Owners Association of New York and chairman of the United States Trotting Association.

Faraldo, you might recall, was linked as an owner at some point with one of the trainers later indicted by the feds. Was Faraldo on a witness list for the Fishman trial? Is he on a witness list for related trials? Has he been approached by federal investigators or defense attorneys to share what he knows about the operation of Yonkers as it relates to the conduct of Fishman and Cohen? We don't know. Is Yonkers or the New York racing commission or Faraldo's horseman's organization investigating the recent allegations? We don't know. Has the USTA ever looked into whether Faraldo's dual roles create conflicts of interest? We don't know.

Brad Maione, a spokesman for the New York State Gaming Commission, was particularly unhelpful. He told me recently: “We cannot confirm or deny whether an investigation is being conducted.” When I asked whether any New York racing licenses had been suspended or revoked as a result of the federal case he responded: “We cannot confirm or deny whether an investigation is being conducted.” When I asked if state regulators were cooperating or had cooperated with the feds during the course of the investigation, he responded: “The commission regularly collaborates with state, federal and local enforcement.”

We certainly can't go to the USTA's website for answers. The USTA is quite capable of promoting stories it wants to share with its readership. Its propaganda campaign against the HISA shows there is plenty of room on that main page for stories about racing integrity. But the Fishman trial? The USTA put up the pool piece after Fishman was convicted. Cohen's allegations against Yonkers drivers? I still have not seen a word of it on the USTA's site. Maybe that's because Faraldo, speaking on behalf of the USTA, keeps embarrassing himself in national publications when given the opportunity to denounce the Fishmans of the world.

The USTA's laughable pro-integrity campaign is based around the bumper-sticker line: “If you see something, say something.” Well, Ross Cohen saw something. And Ross Cohen said something. He said he was part of something illegal at Yonkers. He said it under oath. What's the USTA going to do about that, apart from ignoring that news on its website? Who is going to call for an independent investigation into racing at Yonkers Raceway? The USTA and Hanover Shoe Farms, the sport's largest breeding operation, established a $250,000 matching fund grant in 2020 to “support the work of restoring full integrity of that sport.” Is some of that money going to go into investigating Cohen's allegations? If not, why not?

I asked a USTA director some of these questions last week and the responses I got help explain the ways in which the organization is much closer to being part of the problem than being part of the solution. “In general the USTA does not do investigations,” I was told when I asked about the Cohen case. “We are not a news reporting organization in this manner,” I was told when I asked about reporting Cohen's allegations. Conflicts of interest? “If an issue would become too close to a Director he/she would likely remove themselves from the issue in question,” I was told, a fiduciary standard that I suspect doesn't cut it on Wall Street.

If I were an honest driver at Yonkers I would want my name cleared from the allegations Cohen leveled at the trial. If I were an honest trainer at Yonkers I would want to know more about what Cohen says he did and how he says he did it. As an owner of horses who race at Yonkers I want to know more about the race-fixing schemes. If I were a bettor, I wouldn't bet a dollar more there until I know the scheme that Cohen described ended when he was caught. None of this should be controversial. Either the USTA, New York regulators, and the SBOANY are as dedicated to protecting honest horsemen and horsewomen as they say or they are not. We all are better off knowing the answer to that question sooner rather than later.

Andrew Cohen is a Standardbred owner and breeder and a two-time winner of both the John Hervey Award and the O'Brien Award for commentary on horse racing.

Source of original post

Verified by MonsterInsights