Garcia, Navarro’s Florida Vet, to Serve 10 Months in Prison

Erica Garcia, a 44-year-old, Florida-based racetrack veterinarian who admitted to injecting purported performance-enhancing drugs (PEDs) into horses trained by the now-imprisoned trainer Jorge Navarro over a several-year period in the 2010s decade, was sentenced Monday to two terms of 10 months in prison, which the judge will allow her to serve concurrently.

The sentence was the result of a plea agreement with federal prosecutors that dropped one felony charge of distributing misbranded and adulterated drugs in exchange for Garcia admitting her guilt in two “substantive” misdemeanor violations of Food, Drug, and Cosmetic Act regulations.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) also fined Garcia $2,000 and ruled that she must be under supervised release for a year after getting out of prison.

Garcia's sentence falls on the lighter side of those meted out to most other convicted defendants in the wide-ranging international racehorse doping scandal that first came to light in March 2020.

Navarro himself, for example, is serving five years in prison, and other convicted veterinarians in the case got sentences between three and 11 years.

Prosecutors had argued for a two-year prison term, the maximum sentence under federal guidelines for those crimes.

Garcia had argued for a sentence of probation only, urging the court to take into account that she is the primary caretaker and sole provider for an 11-year-old daughter.

In part, the comparatively lenient sentence was based on the feds being willing to cut Garcia a plea break because she withdrew from the Navarro conspiracy in April 2019 after “supporting her employee's decision to report a sick [Navarro-trained] horse to regulatory authorities as required by law,” prosecutors wrote in a sentencing submission.

“In hindsight, I realize how stupid and careless I was,” Garcia wrote in her own sentencing submission. “I don't blame Jorge or anyone else for what has happened to me. I take full responsibility for my actions and continue to pay the ultimate price.”

But the feds stated that even though Garcia stopped working for Navarro about a year before the sweeping series of arrests and indictments, she still had to be punished for injecting the purported PEDs, some of which prosecutors said she had no idea what they were or what their supposed medical value was.

“Garcia injected horses with adulterated and misbranded drugs at Navarro's request, for the purpose of facilitating Navarro's corrupt goals of improperly doping horses to compel them to race beyond their natural abilities,” the federal sentencing submission stated.

“Even after withdrawing from the Navarro conspiracy, Garcia offered for sale and sold adulterated and misbranded drugs to others for further distribution and administration,” the government wrote.

“Garcia, as a veterinarian, provided cover for her crimes by giving the appearance that her use of medications was legal and medically necessary. By doing so, Garcia exploited the deference typically afforded to licensed veterinarians and abdicated her duty of care to the horses,” the feds stated.

“Those crimes involved Garcia's participation in a years-long scheme to administer unnecessary and potentially dangerous drugs to racehorses. Those drugs included: (1) a drug described as a blood builder, 'Monkey'; (2) a drug advertised as containing growth factors and further described as having performance-enhancing effect on horses, SGF-1000; (3) a drug from an unknown manufacturer with unknown ingredients that Garcia agreed to inject into horses' joints, called 'red acid' [and] (4) a compounded bronchodilator intended to be even more potent than Clenbuterol,” the feds stated.

“At the time Garcia agreed to administer these drugs–and during the course of the offense conduct–Garcia believed these drugs to have performance-enhancing effects, and was otherwise ignorant of their precise ingredients and how they were manufactured,” the feds summed up.

In open court in August 2021, Navarro admitted to administering illicit substances to the stakes stars of his stable, specifically citing X Y Jet, War Story, Shancelot and Sharp Azteca as examples.

The feds had been prepared to present as evidence at a trial that Garcia, in at least one wiretapped phone conversation, was the one who stuck a needle into Shancelot to send “Monkey” coursing through his system three days before the colt's racing debut.

On Feb. 13, 2019, the feds stated, Navarro raised the issue of Shancelot with Garcia and asked if she would “grease the monkey.”

Garcia responded, “Got it.”

Navarro then confirmed whether Garcia “ha[d] enough monkey,” prompting Garcia to check. “Uh, I think I have, I don't know if I have two shots. It will be damn close. Let me see. Yeah, yeah, I do.”

On Feb. 16, 2019, Shancelot would win his career debut at 12-1 odds at Gulfstream Park.

The improbably fast sprinter would win his next two starts, too, including unleashing a massive 121 Beyer Sped Figure in a 12 1/2-length romp in a Saratoga Race Course Grade II stakes.

Shancelot's jaw-dropping speed figure represented the highest Beyer by any 3-year-old sprinter in the three-decade published history of those numbers.

“To Dr. Garcia's knowledge, none of the horses she treated were harmed or suffered any ill effects,” her attorney wrote in the sentencing submission. “But of course this does not justify her behavior. She understands the very real health risks of giving unlabeled and non-FDA approved substances to animals.”

Garcia's lawyer also told the judge in the sentencing submission that even while being caught up in the doping scandal, Garcia has rebuilt her career as her court case played out, transforming from a racehorse practitioner to a small-animal veterinarian in Florida.

Garcia's attorney wrote that, “She is a force for good in her community where she runs a low-cost spay and neuter program and is among a handful of doctors able to treat exotic pets and perform surgery on goats and other farm animals.”

Vyskocil's order stated that, “The Court recommends the defendant be housed in the Fort Lauderdale area to facilitate family visits.”

Once the Bureau of Prisons designates her facility, Garcia is to report on Mar. 20, 2023.

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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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Judge Says No to Fishman Conviction Dismissal

A federal judge on Tuesday denied a request by prison-bound veterinarian Seth Fishman to dismiss Count One of his two racehorse doping conspiracy convictions.

Fishman, whose 26 months as a defendant have been hallmarked by minor courtroom dramas, various attempts to prevent or delay the trial, and accusations that he continued to peddle purported performance-enhancing drugs (PEDs) while free on bail, had argued that he was tried twice for the same crime because the first count was contained within the second, much broader conspiracy.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) didn't see it that way. Her May 31 ruling against Fishman's motion paves the way for his June 30 sentencing, at which he faces up to 20 years in prison.

“Fishman now moves pursuant to Rule 29 of the Federal Rules of Criminal Procedure for acquittal on Count One, arguing that Count One is multiplicitous of Count Two,” Vyskocil wrote in her order. “That motion is DENIED because a rational trier of fact could find, based on the evidence at trial, that Fishman participated in two distinct conspiracies.”

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 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-selling portal.

Although a number of defendants in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first to stand trial and to be found guilty by a jury.

“The defendant filed several pretrial motions, but he never argued that the Indictment was multiplicitous,” Vyskocil wrote. “The defendant also never raised the issue of multiplicity in connection with any of the Court's instructions to the jury at the trial. Indeed, the instructions relevant to this motion were jointly proposed by the defendant and the government…

“In charging the jury at the end of the case, the Court stressed that the Indictment contained two separate counts, that each count charged a 'separate' conspiracy, and that the jury was required to consider each count 'separately' and 'return a separate verdict on each count.' The Court explained that while there might be 'facts in common to different counts, each count must be considered separately.'

“The Court further explained that while '[m]uch of the law' applied to both counts, the Court would point out differences and 'provide specific instructions' about 'particular elements or findings,'” Vyskocil wrote. “The Court also instructed the jury that the Indictment charged the defendant with continuing the conspiracy charged in Count Two while he was released on bail.

“The Court stressed that whether the jury found Seth Fishman 'guilty or not guilty' of one charged conspiracy 'should not affect [the jury's] verdict' as to the other conspiracy charged in the Indictment. The defense consented to all of these instructions in advance, never objected to them during the trial, and never otherwise raised the issue of multiplicity with respect to the jury charges,” Vyskocil continued.

“The jury convicted Seth Fishman of both of the charged conspiracies, found that he had intent to defraud or mislead with respect to each conspiracy, and found that he continued the Count Two conspiracy after he was released on bail,” Vyskocil summed up.

Fishman's sentencing was supposed to be May 5, but got pushed back to May 26 when he claimed he did not receive financial forms from the feds that are necessary for his pre-sentencing report. Then he requested another new date after pandemic-related lockdown conditions were imposed upon the cell block where he is being detained in New York.

Previous legal maneuverings included the Florida-based veterinarian being inexplicably absent from court on the day that he was found guilty. A cryptic comment from Fishman's attorney to the judge during closing arguments led to speculation that Fishman had to be hospitalized.

In December 2021, Vyskocil had modified Fishman's bail conditions after federal prosecutors presented evidence that backed up allegations he was still selling PEDs while awaiting trial.

On two other occasions in 2020 and 2022, Fishman had unsuccessfully petitioned the court to adjust scheduling for pandemic-related reasons, at first arguing that his right to a speedy trial was being hindered, and then wanting to delay the trial over concerns related to not wanting to get sick with COVID-19.

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Servis to Stand Trial in January 2023

A federal judge has established trial dates for the remaining Thoroughbred-related defendants in the alleged international doping conspiracy case that has already netted several convictions and a number of guilty pleadings.

The most prominent name among the indicted individuals is the barred trainer Jason Servis, whose case will be tried alongside that of New York-based veterinarian Alexander Chan on Jan. 9, 2023.

Servis amassed gaudily high win percentages during the 2010s decade prior to getting arrested on three felony drug misbranding and conspiracy to commit fraud charges in March 2020.

According a trove of wiretaps the government has produced as evidence against him–plus implicating testimony from plea-bargaining defendants who are already imprisoned–Servis allegedly doped almost all the horses under his control in early 2019, including MGISW Maximum Security, who crossed the wire first in the GI Kentucky Derby, but was DQ'd for in-race interference. Chan is alleged to have assisted with the alleged conspiracy.

Another trial grouping set for Sept. 12, 2022, will decide felony charges against former trainer Michael Tannuzzo and Florida-based veterinarian Erica Garcia, both of whom are alleged accomplices of the now-imprisoned former trainer Jorge Navarro.

Alluding to previous setbacks that have caused complications in the court calendar, United States District Court Judge Mary Kay Vyskocil wrote in her May 6 scheduling order, “These are firm trial dates. The Court will not accept delays.”

Previous reasons for pushing back the trials have included conflicts on the calendars of defense attorneys, delays related to the COVID-19 pandemic, and the massive volume of evidence against the defendants that has been introduced.

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