drugs in racing | Horse Racing Free Tips

Jury Finds Fishman Guilty; Drug Maker Could Face 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 up to 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,” he added. “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 Kentucky Derby Presented by Woodford Reserve (G1), 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 juiced their horses with PEDs 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 juiced X Y Jet winning the $2.5 million Dubai Golden Shaheen Sponsored By Gulf News (G1) 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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Fishman Reveals $2 Million ‘Program’ With Sheikh Mohammed Bin Rashid Al Maktoum’s Equine Hospital

Closing arguments were a late scratch Jan. 31 in the horse doping trial of veterinarian Dr. Seth Fishman being held in U.S. District Court in Manhattan.
New York U.S. District Court Judge Mary Kay Vyskocil met the lawyers for both sides in the robing and then called the jury into the courtroom and sent them home. She told the jurors to return to court Feb. 1.
“There has developed legal issues that need to be dealt with,” Vyskocil told the jury of eight women and four men.
But Fishman's absence in court only deepened the mystery. His wife, Hanna, was in the courtroom in the morning and at one point appeared to be visibly upset. He's free on $100,000 bond and has appeared in court for each of the trial's previous eight sessions.
The only other clue as to what was happening came when Fishman attorney Maurice Sercarz appeared in the courtroom after the jury had been dismissed and told the judge Fishman was on his way to the hospital.
“We are in open court,” Vyskocil said Sercarz in admonishment.
Sercarz and his co-counsel Marc Fernich and prosecutors declined further comment.
Lawyers showed up in the afternoon for another conference in the robing room. The day ended with Vyskocil never returning to the bench.
The closing arguments were set to begin after the prosecution rested its case and the defense rested without calling a single witness, including Fishman. The jury has heard five days of testimony from 11 government witnesses.
Fishman, 50, is on trial on for conspiring to violate medication adulteration and misbranding laws. He's accused of supplying horse trainers with illegal performance-enhancing drugs designed to evade testing by racing regulators in various states, including Florida, New York, and Kentucky.
Sercarz says the actions his client has been accused of were carried out to protect the health and welfare of horses in keeping with his oath as a licensed veterinarian.
Prosecutors allege that Fishman was part of a sweeping conspiracy to dope racehorses that included top trainers Jorge Navarro and Jason Servis and two dozen others. The New York U.S. Attorney's Office announced the charges in March 2020.
Servis is awaiting trial and Navarro has been sentenced to five years in prison after pleading guilty.
Servis' name hasn't come up in testimony, but Navarro's name has come up numerous times. Prosecutors said Navarro paid Fishman tens of thousands of dollars for PEDs.
The jury saw a video of Navarro's doped X Y Jet winning a $2.5 million race in Dubai in 2019. In a text seen by the jury after the race Navarro thanked Fishman for his help.
During the trial prosecutors also played an FBI wiretap in which Navarro was recorded speaking to Fishman.
Another prominent name that emerged in court in one of the wiretaps was that of Sheikh Mohammed bin Rashid al Maktoum, the ruler of Dubai and the owner of the international successful Godolphin racing stable.
On the wiretap Fishman appears to discuss a $2 million “program” with the Sheikh's hospital in Dubai, known as Dubai Equine.
On the other end of the line in the 2019 call was Florida harness trainer Adrienne Hall, who testified Thursday that Fishman put her on a program with his PEDs and that she administered the drugs to a horse that won a low-level claiming racing. Hall agreed to testify in exchange for a non-prosecution agreement.
A transcript of the wiretap obtained Monday begins with Fishman telling Hall that his program “is not instantaneous.”
“Right, so ok, because they are racing on Sunday—they are going to be in on Monday. I gave the other stuff today anyway,” Hall says.
Fishman then goes on to say that it takes one or two weeks to start things.
“This is a program,” he says. “This is a program that Dubai Equine spent probably $2 million devising for their Thoroughbreds, you know? It is part of a program that uh, you know…there's other stuff too.”
Fishman goes on to say that he was bringing Hall on slowly.
Fishman adds, “This is what they do for all their horses and overall, they are very happy. Shiekh (sic) Mohammed Maktum (sic) said the best three years, you know, in the 30 years he has been racing and they are very happy. So, I'm sharing stuff with you. But then again that's for Thoroughbreds so we just have to tweak something out because some of the stuff I design for Standardbreds, they don't work.”
A tally shows the wiretap was one of 55 recordings the jury heard in the case. Almost all of them involved Fishman.

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

The post Fishman Reveals $2 Million ‘Program’ With Sheikh Mohammed Bin Rashid Al Maktoum’s Equine Hospital appeared first on Horse Racing News | Paulick Report.

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Prosecution Rests, Defense Calls No Witnesses In Fishman Case; Closing Arguments Set For Jan. 31

New York federal prosecutors in the horse-doping trial of Dr. Seth Fishman neared the finish line Jan. 28, bringing their case to a close after calling 11 witnesses and presenting evidence from FBI wiretaps.

“At this time the government rests its case,” prosecutor Anden Chow told U.S. District Court Judge Mary Kay Vyskocil on the trial's eighth day.

A short time later, the defense rested their case without calling any witnesses or putting the accused veterinarian on the stand to testify.

Without the jury present in the Manhattan courtroom, Vyskocil told Fishman he had a right to testify but was under no obligation.

“So, it's your decision not to testify Dr. Fishman?” the judge asked.

“That is correct,” Fishman said.

“And it's your decision alone not to testify?”

“That is correct,” Fishman said.

The conclusion of testimony sets the stage for the next phase of the trial: closing arguments followed by jury deliberations after the judge issues instructions on the law. Eight women and four men comprise the jury.

Vyskocil told both sides that summations would commence Jan. 31.

Fishman, 50, was one of 27 horse racing insiders arrested in March 2020 in the biggest horse doping bust in U.S. history. Those charged included two prominent trainers, Jason Servis, who is awaiting trial, and Jorge Navarro, who pleaded guilty and was sentenced to five years in prison. Fishman is the first to go to trial in the case.

Prosecutors have accused Fishman of manufacturing illegal performance-enhancing drugs that harness and Thoroughbred trainers, including Navarro, administered to their horses to win lucrative purses and enhance their reputation. Prosecutors say those charged acted without regard to horse welfare, risking breakdowns and death.

Prosecutors allege that Fishman was especially sought after because he claimed that his products wouldn't appear in customary post-race testing.

Fishman is charged with two counts of conspiring to violate adulteration and misbranding laws. If convicted, he faces a maximum of 15 years in prison.

He went on trial Jan. 19 with Lisa Giannelli, who worked with him for 18 years. Vyskocil granted her a mistrial after her lawyer tested positive for COVID-19 Jan. 24.

Fishman contends that he carried out the accused activities in the good faith belief that he was practicing veterinary medicine.

On Friday, prosecutors set up a table in front of the jury box with dozens of boxes and bins containing vials of substances worth tens of thousands of dollars, seized at the time of Fishman's initial arrest in 2019. Prosecutors say the vials contained PEDs.

Additionally, Federal Bureau of Investigation agent Jarrett Concannon testified that during a search of Fishman's business in South Florida last month, he took photos of the same products stored on shelves.

Prosecutors say the search showed Fishman was in possession of PEDs in violation of his bail conditions.

The government's witnesses were a varied assortment. They included a woman who worked for Fishman and his Equestology business in South Florida for five years and testified after agreeing to a non-prosecution agreement with prosecutors.

They further included Ross Cohen, a defendant in March 2020 indictments. He agreed to flip as part of a cooperation deal with the feds.

Also testifying were two current trainers, Adrienne Hall who has small stable of harness horses in Florida, and Jamen Davidovich, who ran principally in Ohio in 2021 and has a start this year in New York.

Each testified Fishman supplied them with PEDs for their horses after reaching out to the veterinarian a few years ago.

Jurors also heard testimony from three FBI agents and two experts in veterinary medicine.

As part of their case, prosecutors played excerpts from more than two dozen wiretaps that captured Fishman discussing horse doping and bragging that his products weren't “testable.”

“Don't kid yourself,” Fishman is heard saying to an unidentified male individual on the other end of the line in a wiretap from April 15, 2019. “If you're giving something to a horse to make it better, and you're not supposed to do that, that's doping. You know, whether or not it's testable that's another story.”

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

The post Prosecution Rests, Defense Calls No Witnesses In Fishman Case; Closing Arguments Set For Jan. 31 appeared first on Horse Racing News | Paulick Report.

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Two Active Trainers Testify At Fishman Trial, Say They Used His PEDs

Two current trainers testified Jan. 27 at Dr. Seth Fishman's horse doping trial that they raced horses on illegal performance-enhancing drugs that came from the accused veterinarian.

The testimony from Adrienne Hall and Jamen Davidovich highlighted the seventh day of Fishman's trial on adulteration and misbranding conspiracy charges. Fishman was one of 27 individuals charged in the case and is the first on trial. Those charged include two prominent trainers—Jason Servis, who is awaiting trial, and Jorge Navarro, who pleaded guilty and has been sentenced to five years in prison.

Hall, of Monroe, N.J., trains horses at the Sunshine Meadows harness track in Florida and last raced a standardbred last month in New Jersey. Davidovich, also an owner, raced primarily in the Mid-Atlantic in 2020-21. He has starts this year in New York and Ohio and says he approaches the sport now more as a hobby.

Both told the jury of eight women and four men how they went about getting in touch with Fishman in 2017 and 2018 with the sole intention of obtaining from PEDs that wouldn't show up in post-race testing.

“His reputation preceded him,” Davidovich, 31, of Pennsylvania said.

Hall testified Fishman gave her a PED called VO2 Max, which she used to dope a horse and win a harness race in March 2019. Prosecutors have elicited testimony that VO2 Max increases horses' oxygen levels that enable them to run faster and longer but at risk to their safety and well-being.

The jury heard a portion of an FBI wiretap that captured Hall excitedly telling Fishman about the first-place finish.

“I wish you could have seen the race,” Hall says to the veterinarian. “He was so fantastic. He dominated. He was a completely different animal. I was so happy.”

Hall added the horse's final quarter time was 27 seconds.

“What is it usually?” Fishman asks.

“Usually it's :28 or :29 and struggling,” she responds.

Hall testified that the PEDs were a gift from Fishman. She said she believed that was the case because Fishman wanted her to connect him to two trainers she knew.

One of those trainers was Todd Pletcher, the Hall of Famer who runs a large stable.

His name was revealed under cross-examination by Fishman attorney Maurice Sercarz.

Prosecutor Sarah Mortazavi, who initially questioned Hall, never asked Hall to reveal the names during her direct examination.

At the start of her direct testimony Hall had said that before she got her trainer's license, she worked at two Thoroughbred farms and for Pletcher's stable in an administrative position, not with horses.

Hall told Sercarz that even though she told Fishman she would contact Pletcher, she never did.

Mortazavi then asked why that was when she questioned the witness again.

“He would never take my advice or opinion,” Hall testified, referring to Pletcher. “I would never approach him about something like that.”

Hall was on the witness stand, testifying against Fishman as part of a non-prosecution agreement with prosecutors. They agreed not to prosecute her for doping horses.

Davidovich was testifying without any such agreement. Instead, he invoked his Fifth Amendment right not to testify and then was compelled to testify by Judge Mary Kay Vyskocil under a grant of immunity. Under a grant of immunity, a witness can't be charged with any crimes he or she admits to.

Hall and Davidovich could, however, potentially face sanctions from regulators after their testimony. Servis and Navarro have been suspended from racing, as have other indicted individuals.

Davidovich told the jury Fishman began supplying him with PEDs after a meeting at a sushi bar in Fort Lauderdale, Fla. He said there was a third person at the meeting, a person he described as “my owner.”

Asked by prosecutor Anden Chow how the subject of PEDs came up, Davidovich responded, “We were talking about different things to make the horse run better.”

Davidovich said that as they got to know each other, Fishman complained to him about Navarro. Prosecutors say Fishman was one of Navarro's suppliers of banned PEDS.

“He said Navarro owed him a lot of money, and he was going to cut him off if he didn't pay,” the witness testified. “He also said he didn't want (Navarro) taking down the whole ship because he had a loud mouth.”

Davidovich said Fishman was referring to a video shot at Monmouth Park in which Navarro and one of his owners bragged after winning a race that Navarro was the “Juice Man.”

Davidovich said he stopped doping horses in 2018 after meeting Dr. Steve Allday, a well-known Thoroughbred veterinarian.

“He was the first person in the business who took me under his wing and taught me a different way of being involved in horse racing,” he testified.

He added: “I know what I did was wrong, and I wanted to move forward in a different way.”

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

The post Two Active Trainers Testify At Fishman Trial, Say They Used His PEDs appeared first on Horse Racing News | Paulick Report.

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