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Feds Fight Fishman Attempt to Merge Convicted Counts

Federal prosecutors on Wednesday filed a formal opposition to convicted veterinarian Seth Fishman's recent attempt to dismiss Count One of his two racehorse doping convictions. Fishman is arguing that he was essentially tried twice for the same crime, because the first count was contained within the second, much broader conspiracy.

The feds see it differently: “While there are notable foundational similarities between the two conspiracies, namely, the aim of moving drugs interstate to corruptly improve racehorse performance, the focus and scale of each conspiracy differed significantly,” stated the government's Mar. 30 filing in United States District Court (Southern District of New York).

Fishman was convicted Feb. 2 and faces 20 years in prison upon sentencing May 5. His “multiplicity“ motion from Mar. 8 aims to get his two convictions merged so that only a single sentence will be imposed.

Fishman, along with six other veterinarians, 11 trainers, and nine others, was charged in 2020 with being a key figure in an international network of purported performance-enhancing drug (PED) suppliers who allegedly conspired to dope racehorses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

Count One alleged a four-year conspiracy (2016-20) with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others. Count Two alleged a broad, 18-year conspiracy (2002-20) with Lisa Giannelli, Jordan Fishman, Rick Dane, Jr., and unnamed others based on Fishman's Florida online drug-peddling portal.

“The Fishman and Navarro conspiracies differed in many major aspects,” the filing stated. “In short, the Navarro Conspiracy was focused on the administration and success of Navarro's doped racehorses, which were drugged using PEDs from a multitude of sources. The Fishman Conspiracy, by contrast, centered on Fishman's business operations through his company, Equestology, through which he created, produced, marketed, and sold a multitude of drugs…“

“Fishman's role was different in each conspiracy,“ the feds explained. “Fishman was a supporting player in the Navarro Conspiracy; he was not Navarro's sole supplier, as Navarro procured drugs from a number of different individuals, both veterinarians and laypeople. Nor did Fishman occupy a leadership role in the Navarro Conspiracy, as shown by all the evidence adduced at trial.

“Conversely, Fishman undeniably helmed the Fishman Conspiracy, with substantial direction and support from Giannelli, who independently managed significant aspects of the Fishman Conspiracy, and played no role in the Navarro conspiracy. Thus, any overlap in participants is of minimal relevance considering the leadership and membership of Counts One and Two.“

The timing of the crimes is another issue raised by prosecutors.

“The Fishman Conspiracy lasted for approximately two decades, while the Navarro Conspiracy took place in just a few years of that time period. The Government charged both conspiracies simultaneously; as such, this factor does not meaningfully support a double jeopardy challenge,“ the opposition filing stated.

“Even basic similarities in operations or goals–i.e., racehorse doping–do not necessarily collapse two separate counts into one where there are such striking differences in the goals and personnel involved in these operations.“

Fishman had argued differently: “As relevant here, a multiplicitous indictment 'charges the same crime in two counts,' when 'only one crime has been committed' in 'law and fact,“ his Mar. 8 filing stated. “The government thus presented an integrated, 'overall' agreement with one primary object–trafficking in prohibited substances designed to boost racehorse performance and avoid regulatory detection–that violated a 'single statute' over a lengthy period.“

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Meadowlands Says It Won’t Scratch Adrienne Hall’s Horses

The Meadowlands released a statement late Thursday saying it will not scratch horses owned by Adrienne Hall, a harness owner and trainer who testified in federal court last week against Seth Fishman while admitting she used his performance-enhancing drugs on her horses.

Fishman was found guilty Wednesday of two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDs administered to racehorses, and faces up to 20 years in prison.

The statement stands in contrast to the policy of the United States Trotting Association, which said Tuesday that her USTA membership had been revoked per Article 1, §4 of the Association bylaws. USTA membership is not required to be granted a Pari-Mutuel racing license in New Jersey, thus she remains eligible to race per the New Jersey Racing Commission.

“We disagree with the USTA decision and we applaud Ms. Hall for coming forward,” said Meadowlands president Jeff Gural. “To penalize those who testify for the prosecution will only serve to further the already existing notion that saying something will only lead to problems for yourself. It will discourage the type of participation necessary to convict the indicted persons, as Ms. Hall's testimony has helped on this case.

“The lack of action by the USTA during this five-year effort on our part to get rid of the cheats along with their continued opposition to the HISA [Horseracing Integrity and Safety Act] legislation which, with some changes, is our only hope of keeping the chemists out is dangerous to Harness Racing. We have received no support from USTA or any of their members in trying to eradicate the drugs and those who use them from racing.”

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Need for Eye Surgery Gets Navarro 30-Day Delay in Reporting to Prison

Former trainer Jorge Navarro, who was supposed to report to federal prison for his five-year horse doping sentence Feb. 17, got granted a 30-day extension Thursday because he needs eye surgery.

“While preparing for his impending incarceration, Mr. Navarro had an eye examination which revealed a condition that requires a surgical procedure,” the convicted felon's attorney wrote in a Feb. 3 letter to in United States District Court (Southern District of New York).

“The earliest date that his ophthalmologist could schedule the surgery is Feb. 16, 2022. Mr. Navarro is respectfully requesting a 30-day extension of his surrender date to have the needed surgical procedure and aftercare with his ophthalmologist,” the letter stated.

The letter also stated that federal prosecutors had been advised of the request and did not oppose it.

Navarro's request was granted by the same judge who sentenced him, Mary Kay Vyskocil.

Navarro got the maximum allowable sentence under federal guidelines after pleading guilty to one count in a years-long Thoroughbred drugging conspiracy.

Navarro had admitted that between 2016 and his arrest on Mar. 9, 2020, that “I administered, and, at times, directed [others] working under my direction to administer… drugs to increase performance of racehorses under my custody and care… The drugs [were] blood-building substances, vasodilators, and imported, misbranded bronchodilators, 'bleeder' pills, and SGF-1000,” which is purported to be a customized PED intended to promote tissue repair and increase a horse's endurance.

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Fishman Found Guilty; Faces Up to 20 Years in Prison

Florida veterinarian Dr. Seth Fishman, the first person to face trial in a sweeping horse-doping case that documented the widespread use of illegal and undetectable performance-enhancing drugs at tracks across the country, was convicted in New York Feb. 2 on charges that could put him behind bars for 20 years.

A jury of eight women and four men in U.S. District Court in Manhattan found Fishman, 50, guilty of 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.

U.S. District Judge Mary Kay Vyskocil will sentence Fishman May 5.

Prosecutor Sarah Mortazavi told the judge prosecutors would be seeking to detain Fishman pending sentencing.

The verdict came swiftly. Jurors got the case late Feb. 1 and deliberated for about three hours Tuesday and Wednesday. The trial began with jury selection Jan. 19 and lasted 11 days.

The jury rejected Fishman's defense that his actions were in keeping with his oath as a licensed veterinarian to protect the health and welfare of animals.

“I understand the jury has reached a verdict,” Vyskocil said after the jury filed in the wood-paneled courtroom on the 26th floor of the courthouse.

The jury's foreperson then announced Fishman's guilt on each of the counts.

“I love animals. I love horses,” one of the jurors, Victoria Lopez, a 61-year-old woman from The Bronx, said in an interview following the verdict. “What they were doing wasn't right.”

“The jury's swift conviction of Seth Fishman reflects the overwhelming evidence of his guilt as displayed through this trial,” New York U.S. Attorney Damian Williams said in a release issued from his office. “As an ostensible veterinarian–sworn to the care and protection of animals–Fishman cynically violated his oath in service of corrupt trainers and in the pursuit of profits.”

Williams added, “Through the sale of untested, unsafe, and unstable drugs, Fishman's illegal drug business was a platform for both fraud and animal abuse. Today's conviction appropriately condemns the danger inherent in Fishman's crimes and underscores the seriousness with which this office takes the kind of abuse that Fishman practiced.”

Stuart S. Janney III, chairman of The Jockey Club, also reacted to the verdict.

“I am pleased to see all of the effort and time spent by federal agents, prosecutors, and others who have worked so hard on this case be rewarded with a guilty verdict, and I thank them for their commitment,” Janney said in a statement distributed by TJC. “It is highly encouraging to know that those who cheat and endanger our sport's athletes, both equine and human, face meaningful and life-changing punishments. Clearly, this verdict will serve as a deterrent to others, and it also provides hope for those who want to see true change in the racing industry. This step forward, one of many recently, reflects our steadfast determination towards maintaining the highest levels of integrity and safety for racing's athletes and customers.”

Fishman wasn't in the courtroom when the verdict was announced. Vyskocil hasn't said in open court where he is. A cryptic comment from Fishman's attorney to the judge led to speculation Fishman may be in a hospital.

Fishman had a co-defendant Lisa Giannelli, at the start of the trial. She worked with Fishman for 18 years, and prosecutors accused her of being Fishman's drug distributor. On Jan. 24, Vyskocil declared a mistrial in her case after her attorney tested positive for COVID-19.

Nearly two years ago, 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.

At the time of the indictment, then-New York U.S. Attorney Geoffrey Berman said the case was “the most far-reaching prosecution of racehorse doping in the history of the U.S. Department of Justice.”

At a March 2020 press conference announcing the indictments, FBI New York assistant director in charge William F. Sweeney Jr. said the doping conspiracy risked the health of horses administered PEDs.

“What happened to these horses amounted to nothing less than abuse,” Sweeney said.

Those charged included top trainer Jason Servis, who federal prosecutors say juiced multi-millionaire Maximum Security, the first-place finisher in the 2019 GI Kentucky Derby Presented by Woodford Reserve, who was demoted to 17th by stewards for interference with another horse in the race.

The accused also included Jorge Navarro, who was sentenced to five years in prison last year after pleading guilty to conspiracy. Prosecutors presented evidence at Fishman's trial showing that the trainer paid Fishman tens of thousands of dollars for PEDs, including a substance called BB3 that prosecutors say thickens a horse's blood to make it run faster and farther.

Navarro is one of nine charged individuals who have pled guilty. Two others who were arrested entered into non-prosecution agreements with prosecutors.

The Fishman trial revealed that another of those accused, former harness trainer Ross Cohen, struck a deal with prosecutors to become a cooperating witness.

Servis and several others have pled not guilty and are awaiting trial.

Prosecutors have said in court papers that they are in plea discussions with several defendants without naming them.

The Fishman verdict could have an impact on cases going forward.

The evidence against Fishman included witness testimony, emails and texts, and wiretap recordings that captured Fishman talking about doping horses, and bragging that his drugs wouldn't appear in post-race testing.

Prosecutors also showed the jury thousands of vials of drugs seized from Fishman's Florida company Equestology.

Two of those witnesses were harness trainer Adrienne Hall and Thoroughbred trainer Jamen Davidovich. They testified they administered PEDs to their horses obtained from Fishman. Hall testified under deferred prosecution agreement with the government. Davidovich's testimony came after he was granted immunity.

As part of their case, prosecutors also played for the jury video of Navarro's X Y Jet winning the $2.5 million G1 Dubai Golden Shaheen Sponsored By Gulf News in Dubai in 2019. X Y Jet died of a heart attack a year later, Navarro said in a statement shortly after the incident.

“Thank you boss, [you're] a big part of it,” Navarro said in a text exchange with Fishman just after the 2019 Golden Shaheen.

The Thoroughbred industry's leading publications are working together to cover this key trial.

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