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Fishman Claims $13.5M Forfeiture is ‘Unlawful in its Entirety’

The veterinarian Seth Fishman, who is currently imprisoned but appealing his 11-year sentence for two felony drug-supplying convictions in a decades-long international racehorse doping conspiracy, has filed legal paperwork objecting to the $13.5-million forfeiture that was also imposed upon him, claiming the judge's order was illegal.

“The forfeiture sought here is not authorized by statute and is therefore unlawful in its entirety,” Fishman's attorney, Steven Kessler, stated in a Sept. 12 filing in United States District Court (Southern District of New York).

“The Preliminary Order of Forfeiture (POF) seeks a money judgment equal to the alleged value of the misbranded or adulterated products that form the basis for the criminal charges,” the filing continued. “It further seeks an order forfeiting substitute assets–i.e., property having no relationship to any criminal activity–up to the value of the money judgment.

“[But] the [relevant] statute does not authorize a money judgment equal in value to the misbranded products. Nor does it authorize the forfeiture of substitute assets if the misbranded products are no longer available….” the filing stated.

“Thus, the government's statutory remedy for the manufacture or introduction into interstate commerce of misbranded or adulterated products is limited to the confiscation of the products themselves. The POF exceeds and contravenes the statute. It is therefore unlawful and must be rejected….

“If the POF actually sought 'forfeiture…of any and all drugs that were adulterated or misbranded by the Defendant' for introduction into the stream of interstate commerce, the POF would be lawful….” Fishman's filing stated.

“Misbranding is not a forfeiture crime. The misbranding statute under which the government seeks forfeiture against Dr. Fishman, 21 U.S.C. § 334, only permits the government to confiscate the misbranded or adulterated products themselves and any equipment used to manufacture those products. Nothing more,” the filing stated.

Fishman's filing further argued that “Congress has prescribed monetary penalties for introducing misbranded and adulterated products into the stream of interstate commerce. Those penalties, however, are fines, not forfeitures of proceeds,” and are capped at $1 million for certain violations.

Fishman was indeed fined $250,000 after prosecutors introduced evidence showing that his drug-peddling business earned millions of dollars a year. Fishman is also jointly responsible for $25 million in restitution along with other convicted co-conspirators. Neither of those monetary orders were questioned in Fishman's formal objection to the forfeiture.

The filing continued: “On a few occasions, a court has permitted forfeiture of proceeds or facilitating property or a money judgment forfeiture where there is an allegation of a misbranding violation. Those decisions, however, permitted such relief based on other criminal charges, bundled with the misbranding violations, that specifically authorize forfeiture, such as wire fraud or money laundering, none of which were even alleged against Dr. Fishman, let alone proven, here.”

In summation, the filing stated, “It has never been alleged or shown that Dr. Fishman 'actually acquired' any tainted property as a result of any crime, let alone more than $13 million.”

A separate legal filing from Sept. 8 noted that Fishman has been in transit within the federal prison system from New York to Florida, and that because of COVID-19 restrictions related to his movement, his attorney has been largely unable to speak with him.

“He has [been in transit to] Philadelphia and Tallahassee (and possibly other venues) before arriving [Sept. 7] in Miami. As the Court knows, upon reaching each facility, a prisoner is quarantined and must go through strict COVID protocols before being permitted phone privileges, even with his counsel.

“Because of this, I have been able to speak to Dr. Fishman just once while he was in transit, and that call was brief. We have made substantial efforts to speak with him since, but, through no fault of mine or the Bureau of Prisons, that has not yet happened. I am hopeful that, now that Dr. Fishman has arrived at his destination, communication will be easier to facilitate,” the Sept. 8 filing stated.

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Florida Vet Garcia Wants Plea Change to Avoid Doping Trial

Erica Garcia, a Florida-based veterinarian, broke off her longstanding business relationship with the now-imprisoned trainer Jorge Navarro in early 2019. But she remained in contact with other conspirators of the Thoroughbred doping scheme that Navarro-and numerous other racetrackers-would later admit to.

So when federal investigators began compiling evidence that led to a nationwide series of arrests in a widespread racehorse drugging crackdown in March 2020, Garcia was considered fair game for her alleged role in the pipeline of purportedly performance-enhancing drugs.

Charged with two felony counts involving conspiracies to commit drug alteration and misbranding and defrauding the United States government, in Garcia tried in 2021 to get a federal judge to suppress the evidence obtained from searches of her car and phone. It didn't work.

Now Garcia, 43, wants to join many of the 30 other defendants in the case who have either already changed their pleas or been found guilty by trial. On July 29 she requested a hearing before the judge to do explain why she wants to flip from “not guilty,” and that request was swiftly accommodated with an Aug. 1 court date.

Judge Mary Kay Vyskocil will preside over the hearing. She's the same judge who wrote the order that denied the suppression of evidence.

“Garcia argues that the physical search of her car, pursuant to a search warrant, was invalid because the application for the warrant contained 'stale' evidence,” Vyskocil wrote last year. “The Court rejects this argument because the affidavit for the warrant presented evidence that Garcia was long involved in an ongoing conspiracy.”

“The affidavit in support of the warrant for Garcia's car detailed her long-term relationship with Navarro and ongoing involvement with members of his doping scheme. It described at least six instances over the span of four months in which Garcia discussed with Navarro administering prohibited substances to racehorses,” Vyskocil wrote.

“The affidavit acknowledged that Garcia's relationship with Navarro deteriorated in early 2019,” Vyskocil wrote. “It explained that, nevertheless, Garcia remained in touch with other members of Navarro's network, including his assistant trainer.

“In the light of the evidence of Garcia's longstanding and continuing involvement in a doping operation, there was probable cause to search her vehicle, notwithstanding her personal break with Navarro,” Vyskocil wrote.

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Seth Fishman Sentenced to 11 Years in Prison

Dr. Seth Fishman, the Florida veterinarian snared in the federal government's sweeping horse doping investigation, was sentenced Monday to an 11-year prison sentence in the U.S. District Court for the Southern District of New York.

The sentence is the longest meted out in the case that led to charges against 31 individuals, including prominent trainers Jorge Navarro and Jason Servis. Fishman is the 11th to be sentenced, which includes Navarro. Most of the others have pleaded guilty and await sentencing. Servis faces trial next year.

Fishman, who has been behind bars since his conviction five months ago on two counts of conspiracy to commit drug adulteration and misbranding, appeared in court in prison garb and addressed the court before being sentenced. Prosecutors say that over 20 years, Fishman supplied illegal performance-enhancing drugs to hundreds of trainers, including Navarro, who pleaded guilty last year and was sentenced to five years in prison.

“I really have to apologize for what I did,” the 51-year veterinarian said. “There's no excuse for my behavior.”

In a rare admission, Fishman conceded violating the law and conspiring with others.

“I should have never pushed the envelope and helped trainers,” he said.

He told Judge Mary Kay Vyskocil he now lacked any desire to “practice medicine” on animals.

“I have no desire to make another substance for a racehorse again,” Fishman said as his family looked on from the gallery.

Fishman concluded his brief remarks by telling the judge that whatever sentence she imposed, “10, 15, or 20 years, I just want to be a better person.”

He showed no emotion as the sentence was handed down.

In addition to his prison time, the veterinarian will be held jointly responsible for $25 million in restitution along with Navarro and other co-conspirators.

The restitution represents Navarro's total purse winnings during from 2016 to 2020.

In addition, Fishman must forfeit $13.5 million, which is what he earned from his business of manufacturing and distributing his performance-enhancing substances which prosecutors say were designed to evade detection in post-race testing.

His sentence also includes a $250,000 fine. Prosecutors introduced evidence showing that Fishman's business earned millions of dollars a year.

Vyskocil told Fishman his actions misled racing regulators and drug regulators, as well as others.

“You misled competitors of your clients and the betting public,” she said.

She told him that as a veterinarian, “you enjoyed a special position of trust and you abused that trust.”

The judge said the PEDs Fishman manufactured were harmful to racehorses because they were designed to push them beyond their natural abilities.

She said that in addition to putting at risk horses that were doped with his PEDs, Fishman put at risk the other horses who ran in the race and jockeys who rode those horses and could have been hurt if a horse broke down.

She noted that Navarro paid Fishman credit in a text after winning the 2019 $2-million G1 Dubai Golden Shaheen at Meydan Racecourse with X Y Jet and that the horse died less than a year later.

“To say there was no risk to horses is just not accurate,” she said.

Vyskocil told Fishman that his motive was greed and that, up until the sentencing, there had been a complete lack of remorse on his part.

Vyskocil said an 11-year sentence was warranted given the sentences of other defendants.

She also said she hoped it would act as a general deterrence.

“I know this case has been followed extensively in the racing industry. It is my hope that the sentence acts as a general deterrent to those who might be engaging in the same scourge of criminality.”

Prosecutors had recommended a sentence of 10 to 17 1/2 years. Fishman faced a maximum of 20 years in prison under federal sentencing guidelines.

Prosecutor Sarah Mortazavi told Vyskocil that a significant sentence was warranted given that Fishman had shipped his illegal PEDs all over the country to hundreds of trainers.

“It was all designed to help a competitor get an illegal edge,” she said.

During her remarks, Mortazavi said Fishman's claims at trial that as a veterinarian he cared about animals was a “self-serving myth.”
Fishman attorney Maurice Sercarz appealed to the judge for a sentence of less than 10 years.

He said Fishman should be given leniency because of his client's psychiatric disabilities, which he said were “substantial.” He added that Fishman suffers from acute anxiety, depression and had been diagnosed with a bipolar disorder.

Fishman missed the last two days of his trial after being admitted to a psychiatric hospital.

The proceeding ended with Vyskocil telling Fishman that she heard what he said about wanting to be a better person.

“Hopefully you'll be getting well,” she said. “You do have some demons.”

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Barred Trainer Tannuzzo Poised to Change Plea in Doping Case

The barred trainer Michael Tannuzzo appears poised to join the parade of indicted defendants in the 2020 racehorse doping conspiracy case who have changed their pleas to guilty in order to keep felony charges against them from getting decided at trial.

On Tuesday a federal judge granted Tannuzzo a swift July 7 hearing to explain his reasons for wanting to change his initial “not guilty” plea.

Tannuzzo, 50, who had 11 horses under his care and had been racing at Aqueduct at the time of his March 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 two felony charges related to conspiracies and drug misbranding.

Tannuzzo told Daily Racing Form at that time that he was being targeted by the feds because his “best friend” was the trainer and high-profile defendant Jorge Navarro. His two conspiracy charges were related to Tannuzzo picking up a package of purported performance-enhancing drugs 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 2 1/2 years ago, Navarro has admitted to doping his horses, changed his own plea to guilty, and is currently serving a five-year prison sentence. Tannuzzo's trial had been set to start Sept. 12.

According to a trove of wiretapped calls made public by federal prosecutors, on March 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 seems 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 the syringe.

Tannuzzo: Yeah.

Navarro: Yeah, yeah. And [this undisclosed horse] is getting one of those SGF-1000 whatever. He's getting one today.

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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