Alexander Chan | Horse Racing Free Tips

Former Vet Chan Asks For Revision To 30-Month Doping Conspiracy Sentence

The former New York-based veterinarian Alexander Chan has filed a hand-written plea from prison asking for a reduction to his 30-month sentence that was handed down in May as punishment for his role in the wide-ranging 2020 racehorse doping conspiracy case.

In December 2022, Chan had cut a deal with prosecutors that involved pleading guilty to a single felony charge of drug adulteration and misbranding in exchange for two other felony counts against him being dropped.

Chan's filing with the court on Monday was submitted without an attorney acting on his behalf.

But the 10-page motion laid out a cogent case for reconsideration based on an amendment recently adopted by the United States Sentencing Commission that allows for downward revisions of sentencing levels for petitioners who have zero criminal history points on their records.

According to Chan's filing, the new sentencing commission guidelines allow, in certain cases, for retroactive recalculation of the “offense levels” that are used to determine prison terms, so long as the offenses didn't involve things like violent behavior, the use of weapons, sex crimes, or hate crimes.

Chan is arguing that a recalculated offense level in his instance would reduce his sentence to a 24-to-30 month prison term, and he is asking the court to revise his imprisonment to the lowest end of that tier because of his record of good behavior while jailed at Fort Dix, a low-security federal correctional institution in New Jersey.

Chan wrote in his motion that he has “pursued [computer] programming to a greater degree than any other similarly situated inmate and has been free from disciplinary actions.”

Chan was arrested in March 2020 as part of a series of coordinated law enforcement sweeps in the years-long federal investigation of a network of more than 30 horsemen, veterinarians, and equine pharmaceutical suppliers who ended up facing charges.

Jason Servis | The Jockey Club of Saudi Arabia

In the lead-up to sentencing, federal prosecutors had described Chan in court documents as “a former veterinarian for the New York Racing Association (NYRA), and a practicing veterinarian for over 15 years [who] abdicated his duty of responsibility to the horses under his care.”

The feds' portrayal of Chan continued: “After spending three years as a traveling veterinarian for NYRA, the defendant worked under convicted co-defendant Kristian Rhein at Empire Veterinary Group and soon after began providing and/or administering adulterated and misbranded drugs without valid prescriptions, knowing that their use violated New York's racing rules, medical ethics, and the law.”

Chan's own presentence report filed by his legal team had stated that, “Dr. Chan's sterling career and the beautiful young family it supported have since been destroyed because-at the direction of his boss and the owner of the veterinary practice in which he worked, Dr. Kristian Rhein-Dr. Chan participated in the distribution of misbranded substances for use on Thoroughbred racehorses.”

According to a trove of wiretap evidence, plus implicating testimony from plea-bargaining defendants, Klein and Chan's client list included the now-imprisoned former trainer Jason Servis, whom the feds alleged doped almost all the horses under his control in early 2019.

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Chan Pleads Guilty to Single Felony Count in Plea Deal

The New York-based veterinarian Alexander Chan, facing three felony charges related to drug adulteration, misbranding, and wire fraud conspiracies for allegedly injecting purported performance-enhancing drugs (PEDs) into racehorses trained by co-defendant Jason Servis and then hiding the billing for his services, cut a plea bargain with the government Monday.

Chan's deal involved waiving indictment and pleading guilty to a single superseding information charge of drug adulteration and misbranding in exchange for the other charges against him being dropped, a format that is similar in substance to deals that other convicted defendants in the wide-ranging doping conspiracy case have agreed to with government prosecutors rather than face a trial by jury.

Chan had signaled his intention to plead guilty last Thursday, when he asked for and was swiftly granted a Dec. 5 change-of-plea hearing in United States District Court (Southern District of New York).

That decision seemingly left Servis as the lone remaining high-profile defendant in the case to go to trial as scheduled Jan. 9. But news broke Friday that Servis, too, is seeking a plea deal to adjudicate his own trio of felony drug misbranding and conspiracy to commit fraud charges. There was no update on the court docket with regard to Servis's case status as of early Monday evening.

As part of his plea deal, Chan will also have to pay the feds a forfeiture of $311,760. The money judgment represents the value of “any and all drugs that were adulterated or misbranded when introduced into or while in interstate commerce or while held for sale…” according to court documents filed Dec. 5.

Chan's sentencing will be Apr. 13.

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With Trial Looming, Chan, Former Vet for Servis, Now Wants to Change Plea

Seven weeks before the start of the final remaining high-profile trial in the federal doping conspiracy case from 2020, the New York-based veterinarian Alexander Chan, whose client list included co-defendant trainer Jason Servis, has changed his mind about having a jury decide his fate on three felony charges for alleged participation in drug adulteration, misbranding, and wire fraud conspiracies.

On Thursday, Chan asked for and was swiftly granted a Dec. 5 change-of-plea hearing in United States District Court (Southern District of New York), at which he will likely either plead guilty to or enter into a possible plea-bargained agreement instead of going to trial.

That will leave Servis alone to face the jury when his trial begins Jan. 9.

The nationwide sweep in March 2020 has already resulted in numerous prison terms, but Servis has always been the most prominent name among the indicted individuals. He amassed gaudily high win percentages during the 2010s decade prior to getting arrested on three felony drug misbranding and conspiracy to commit fraud charges.

According to a trove of wiretap evidence (plus implicating testimony from plea-bargaining defendants who are already imprisoned) Servis allegedly doped almost all the horses under his control in early 2019, including MGISW Maximum Security, who crossed the wire first in the GI Kentucky Derby, but was DQ'd for in-race interference. One of Servis' elixirs of choice was allegedly SGF-1000, the adulterated, misbranded and purportedly performance-enhancing drug (PED).

Chan is alleged to have assisted by performing injections and hiding the charges from billing and veterinary records. It is possible that he could implicate Servis at his plea change hearing.

That's what Kristian Rhein, a veterinarian formerly based at Belmont Park, did to both Servis and Chan in August 2021 when he changed his own plea to guilty on one felony count within the federal government's sprawling prosecution of an allegedly years-long conspiracy to dope racehorses.

“I, along with Jason Servis, were leaders and organizers [of others who performed allegedly criminal actions], which included my associate, Dr. Alexander Chan…” Rhein told Judge Mary Kay Vyskocil at his 2021 plea change.

Rhein got the maximum sentence of three years imprisonment for his crimes.

Vyskocil, who sentenced Rhein, is the same judge who will hear Chan's plea change on Monday.

Rhein, Chan and Servis at various times during 2019 were recorded on wiretaps discussing aspects related to Servis's alleged doping regimen. At times the two veterinarians rationalized to each other and to Servis that if the administered substances couldn't be detected via racing commission testing, then they weren't considered illegal.

Chan had filed a motion in August 2021 to suppress the use of those wiretapped calls as evidence, but the court denied his motion.

One conversation between Chan and Servis from Aug. 14, 2019, went like this, according to court documents:

Servis: Well, is it okay to use that?

Chan: Use what?

Servis: The SGF.

Chan: Yeah, like New York rules, there is nothing like against, like it's, you know, like it says unless it's not specifically written in there then it's seven days, you know. So like, it's not illegal.

According to the original indictment, “Chan and Rhein coordinated the sourcing and administration of SGF-1000, and engaged in efforts to secretly distribute and administer adulterated and misbranded PEDs and to counsel racehorse trainers and/or owners on the use of such substances, including the covert administration of such substances to avoid detection by the FDA and state regulatory authorities. They did so in furtherance of Servis and other trainers' efforts to administer adulterated and misbranded PEDs, for the purpose of secretly enhancing race performance.

“In connection with that scheme, Chan provided false billing records that did not reflect drugs Chan had injected into racehorses under Servis' control, and falsified his own prescription records as to which of Servis' racehorses received a particular prescription drug, concealing from potential investigators the true nature and means of administration of the PEDs that Chan provided and administered at Servis' direction,” the indictment stated.

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Servis to Stand Trial in January 2023

A federal judge has established trial dates for the remaining Thoroughbred-related defendants in the alleged international doping conspiracy case that has already netted several convictions and a number of guilty pleadings.

The most prominent name among the indicted individuals is the barred trainer Jason Servis, whose case will be tried alongside that of New York-based veterinarian Alexander Chan on Jan. 9, 2023.

Servis amassed gaudily high win percentages during the 2010s decade prior to getting arrested on three felony drug misbranding and conspiracy to commit fraud charges in March 2020.

According a trove of wiretaps the government has produced as evidence against him–plus implicating testimony from plea-bargaining defendants who are already imprisoned–Servis allegedly doped almost all the horses under his control in early 2019, including MGISW Maximum Security, who crossed the wire first in the GI Kentucky Derby, but was DQ'd for in-race interference. Chan is alleged to have assisted with the alleged conspiracy.

Another trial grouping set for Sept. 12, 2022, will decide felony charges against former trainer Michael Tannuzzo and Florida-based veterinarian Erica Garcia, both of whom are alleged accomplices of the now-imprisoned former trainer Jorge Navarro.

Alluding to previous setbacks that have caused complications in the court calendar, United States District Court Judge Mary Kay Vyskocil wrote in her May 6 scheduling order, “These are firm trial dates. The Court will not accept delays.”

Previous reasons for pushing back the trials have included conflicts on the calendars of defense attorneys, delays related to the COVID-19 pandemic, and the massive volume of evidence against the defendants that has been introduced.

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