Zulueta Enters Guilty Plea, Oakes Asks To Change Plea In Federal Drugs Case

Trainer Marcos Zulueta changed his plea from not guilty to guilty to a charge of drug adulteration and misbranding with intent to defraud during a hearing on Oct. 15. U.S. District Judge Mary Kay Vyskocil presided over the hearing, and set a sentencing date for Feb. 24 for the trainer, whose operation was based in the Mid-Atlantic.

Zulueta faces a maximum of three years in federal prison and fines of up to $100,000, in addition to a forfeiture of more than $47,000. Forfeiture amounts in this federal case have typically been based on the amount of financial gain prosecutors believe a defendant accrued from a crime.

According to a report by The Blood-Horse's Bob Kieckhefer, Zulueta did not provide many details on his crimes beyond admitting to administering drugs to racehorses without prescriptions at Parx. Zulueta said he got the substances from co-defendant Ross Cohen.

Read more at The Blood-Horse

In other news related to the federal adulteration and misbranding case, former Standardbred trainer and co-defendant Christopher Oakes requested a plea change hearing this week, which seems likely to result in his changing his plea from not guilty to guilty.

The change would make Oakes the ninth of more than two dozen defendants named in the March 2020 indictments to switch from a not guilty to a guilty plea, according to the Thoroughbred Daily News.

Oakes was allegedly overheard on wire taps speaking to Jorge Navarro about the distribution and use of performance-enhancing drugs to Thoroughbreds. Specifically, the TDN reported that Oakes and Navarro were overheard making plans to administer performance-enhancing substances to X Y Jet, who later died suddenly.

Navarro changed his plea from not guilty to guilty this summer, but has not yet been sentenced.

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Navarro, Others, Ask Federal Judge to Recuse Herself

Lawyers for banned trainer Jorge Navarro and six other defendants in the alleged nationwide racehorse doping conspiracy informed United States District Judge Mary Kay Vyskocil late on Thursday that a “Motion to Recuse” filing is imminent that will ask her to step away from handling their cases.

A motion to recuse is a formal request for a judge to remove him/herself based on prejudice or conflict.

Either side in a case can make this motion, but the moving party bears the burden of proving that there are reasonable grounds that the judge would not act fairly and/or objectively, and any alleged prejudices must be outlined in an affidavit.

A judge facing a recusal motion can ask another judge to rule on it, and a recusal would mean an alternate judge gets assigned. Motions to recuse that are deemed to be delaying tactics are expressly forbidden, but not unheard of.

The request from Navarro, which was joined by defendants Seth Fishman, Jordan Fishman, Erica Garcia, Christopher Oakes, Michael Tannuzzo and Lisa Giannelli, was filed eight days before the first status hearing in the case since November is scheduled to be held. That May 14 hearing is expected to include the judge's long-awaited timeline for the trial.

In the form of a letter filed May 6 in U.S. District Court (Southern District of New York), Navarro and the other defendants stated, “We write to advise your Honor that, following a joint conference amongst counsel for the Defendants, Defendants are contemplating a Motion to Recuse your Honor. The issue was raised with the government [May 6] on a telephone conference.”

In light of the expected motion to recuse, the defendants are also asking that the judge “hold in abeyance any rulings” that might be forthcoming with regard to the defendants' previously filed motion to dismiss the case entirely.

The federal case against the alleged network of racehorse dopers is the result of a March 2020 spate of arrests in relation to a purported years-long conspiracy to manufacture, mislabel, rebrand, distribute and administer performance-enhancing drugs (PEDs) to Thoroughbreds and Standardbreds across America and in international races.

There are seven other defendants whose cases are also being adjudicated by Vyskocil; others under the auspices of different judges.

 

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