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Cohen Cross-Examined As Giannelli Trial Recesses for Weekend

Day three of Lisa Giannelli's horse doping trial Apr. 29 featured the cross-examination of a key government witness.

Former New York harness trainer Ross Cohen had testified that Gianelli had sold him performance-enhancing drugs that he used to secretly dope horses under his care.

He agreed to cooperate with the government after his arrest in 2020 in connection with the FBI's sweeping horse-doping probe.

The investigation led to charges against a number of individuals including the prominent trainer Jason Servis.

Under questioning by Giannelli attorney Louis Fasulo in U.S. District Court in New York, Cohen was asked about his cooperation agreement in which he admitted to fixing races years ago as well as to doping horses.

Fasulo wanted to know if that was his incentive for becoming a cooperator–to avoid being charged with bribery and facing substantially more punishment.

“My incentive was to try to make right for my wrongs and tell the truth,” Cohen said in response.

Under further questioning, he said it could have been an incentive but then wasn't sure.

“I guess it could have been,” Cohen testified. “I don't know if it was an incentive or not at the time.”

Giannelli is on trial for conspiring to distribute adulterated and misbranded performance-enhancing drugs which were intended to enhance the performance of horses competing at racetracks across the country.

She worked with Seth Fishman, a veterinarian found guilty in February of manufacturing PEDs that were purchased by trainers to dope horses. Prosecutors say Fishman's drugs were designed to avoid post-race testing.

Fasulo told the jury that when Giannelli worked for Fishman out of her home in Delaware, she didn't do anything wrong because her actions didn't involve criminal intent.

Cohen was reluctant to talk about his race-fixing past under Fasulo's probing, part of an effort to damage Cohen's credibility.

At first, Cohen testified he couldn't remember how many races he fixed by bribing drivers to hold their horses back.

“It was more than five, I don't think it was over 20,” he told the jury.

He also couldn't remember how many drivers he paid off, then admitted, “maybe 10.”

When questioned by prosecutor Sarah Mortazavi, Cohen said his cooperation deal doesn't prevent prosecutors from other jurisdictions from charging him with bribery.

He hasn't been sentenced yet and said it would be up to the judge to determine his punishment.

The day concluded in the afternoon with the prosecution reading into the record portions of a witness's testimony from the Fishman trial.

The witness was Courtney Adams who worked for Fishman as an office manager for five years. She was unavailable to testify against Giannelli.

In her testimony, Adams said that Giannelli helped with labeling Fishman products. Prosecutors contend some of those labels violated federal regulations.

“She would suggest edits so the client would know what the product was,” Adams said in her testimony.

During the reading, prosecutors also showed the jury a 2013 text in which Fishman said that Giannelli made over $250,000 in 2012.

During her cross-examination, which was also read into the record, Adams admitted to Fasulo that she didn't know if that was true or not.

The trial resumes Monday.

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

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Jordan Fishman Scheduled For Change Of Plea Hearing On Oct. 6

Jordan Fishman, a defendant in the federal horse doping case who was indicted on charges related to drug adulteration and misbranding last March, will enter a change of plea before Judge Mary Kay Vyskocil in United States District Court, Southern District of New York, on Oct. 6, according to the Thoroughbred Daily News.

“From at least in or about 2002 through at least in or about March 2020, Seth Fishman, Lisa Giannelli, Jordan Fishman, and Rick Dane, Jr., the defendants, and others known and unknown, engaged in a corrupt scheme to create, manufacture, and distribute adulterated and misbranded PEDs to racehorse trainers and others in a systematic effort to improve race performance of racehorses, and obtain prize money as a result,” reads the indictment. “The defendants, created, marketed, and distributed a variety of PEDs, which were manufactured in an unregistered facility, mislabeled, and/or administered with no valid prescription.”

Several other defendants in the case have entered changes of plea from “not guilty” to “guilty” in recent months, including Jorge Navarro, Kristian Rhein, and Michael Kegley, Jr.

Read more at the Thoroughbred Daily News.

The post Jordan Fishman Scheduled For Change Of Plea Hearing On Oct. 6 appeared first on Horse Racing News | Paulick Report.

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Two Defendants In Federal Indictment Plead Guilty To Unlawful Distributing Drugs To Dope Racehorses

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced Wednesday that two defendants, Scott Robinson and Sarah Izhaki, each pled guilty today to conspiring to unlawfully distribute adulterated and misbranded drugs for the purpose of doping racehorses in connection with the two cases in which they are charged, United States v. Robinson, 20 Cr. 162 (JPO), and United States v. Izhaki, 20 Cr. 161 (MKV). Robinson pled guilty before U.S. District Judge J. Paul Oetken, and will be sentenced by Judge Oetken on Jan. 15, 2021. Izhaki pled guilty before U.S. District Judge Mary Kay Vyskocil, and will be sentenced by Judge Vyskocil on Dec. 2, 2020.

Acting U.S. Attorney Audrey Strauss said: “Scott Robinson and Sarah Izhaki represent the supply side of a market of greed that continues to endanger racehorses through the sale of performance-enhancing drugs. Each of these defendants provided the raw materials for fraud and animal abuse through the sale of unregulated and dangerous substances: Robinson's products were manufactured in shoddy facilities with no professional oversight of their composition; Izhaki's products were smuggled into the country and sold from cars in supermarket parking lots. These convictions show that our Office and our partners at the FBI are committed to the prosecution and investigation of corruption, fraud, and endangerment in the horse racing industry.”

According to the indictments, the Superseding Information to which Robinson pled guilty, the Superseding Information to which Izhaki pled guilty, and other court documents, as well as statements made in public court proceedings:

From at least in or about 2011 through at least in or about March 2020, Robinson conspired with others to manufacture, sell, and ship millions of dollars' worth of adulterated and misbranded equine drugs, including performance-enhancing drugs intended to be administered to racehorses for the purpose of improving those horses' race performance in order to win races and obtain prize money. Robinson sold these drugs through several direct-to-consumer websites designed to appeal to racehorse trainers and owners, including, among others, “HorsePreRace.com.”

The Paulick Report published an investigative report on HorsePreRace in 2016. Click here to read that reporting.

Robinson contributed to the conspiracy by, among other things, sourcing chemicals used to create custom PEDs that were advertised and sold; falsely labeling, packaging, and shipping those PEDs to customers across the country, including in the Southern District of New York; and collecting, reporting, and responding to employee and customer complaints regarding the misbranded and adulterated products advertised and sold online. Among the drugs advertised and sold during the course of the conspiracy were “blood builders,” which are used by racehorse trainers and others to increase red blood cell counts and/or the oxygenation of muscle tissue of a racehorse in order to stimulate the horse's endurance, which enhances that horse's performance in, and recovery from, a race, as well as customized analgesics which are used by racehorse trainers and others to deaden a horse's nerves and block pain in order to improve a horse's race performance. The drugs distributed through the defendants' websites were manufactured in non-FDA registered facilities and carried significant risks to the animals affected through the administration of those illicit PEDs. For example, in 2016, Robinson received a complaint regarding the effect of his unregulated drugs on a customer's horse: “starting bout 8 hours after I give the injection and for about 36 hours afterwards both my horses act like they are heavily sedated, can barely walk. Could I have a bad bottle of medicine, I'm afraid to give it anymore since this has happened three times.” Commenting on this complaint, Robinson wrote simply, “here is another one.”

In a separate conspiracy, from at least in or about February 2018 through at least in or about November 2019, Izhaki conspired with others to transport, sell, and deliver, tens of thousands of dollars of erythropoietin, a “blood builder” drug intended to increase a horse's racing performance, which had been smuggled into the country from Mexico. This drug was covertly transported into the United States and sold by Izhaki, who believed it would be used by racehorse trainers to illicitly improve their horses' race performance. Izhaki also offered for sale amphetamines, and a substance that Izhaki referred to as “the Devil,” which Izhaki claimed would mask the presence of potent drugs in a human or animal's body.

The defendants are among 27 individuals charged in a series of Indictments arising from an investigation of a widespread scheme by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks, all to the detriment and risk of the health and well-being of the racehorses.

Robinson, 46, of Tampa, Fla., and Izhaki, 45, of Manalapan, N.J., each pled guilty to one count of conspiring to unlawfully introduce and receive with the intent to redistribute for pay or otherwise adulterated and misbranded drugs in interstate commerce, and to misbrand drugs in interstate commerce. This offense carries a maximum sentence of five years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Acting U.S. Attorney Strauss praised the outstanding investigative work of the FBI New York Office's Eurasian Organized Crime Task Force and its support of the Bureau's Integrity in Sports and Gaming Initiative. Ms. Strauss also thanked the New Jersey Attorney General's Office, the New York State Police, and the New York City Police Department for their support of this investigation, and the Food and Drug Administration and Drug Enforcement Administration for their assistance and expertise.

This case is being handled by the Office's Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi, Benet J. Kearney, and Andrew C. Adams are in charge of the prosecution.

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