Owner Of Illegal Racehorse Doping Websites Scott Mangini Pleads Guilty In Federal Court

Audrey Strauss, the United States Attorney for the Southern District of New York, announced that Scott Mangini pled guilty today to conspiring to unlawfully distribute adulterated and misbranded drugs with the intent to defraud and mislead, in connection with the charges filed in United States v. Robinson et al., 20 Cr. 162 (JPO). Mangini pled guilty before U.S. District Judge J. Paul Oetken, and will be sentenced on September 10, 2021, before Judge Oetken.

U.S. Attorney Audrey Strauss said: “Scott Mangini created and flooded the supply side of a market of greed that continues to endanger racehorses through the sale of performance-enhancing drugs. Mangini designed and created dozens of products intended for use by those engaged in fraud and animal abuse. His products were manufactured with no oversight of their composition, in shoddy facilities, despite prior efforts by state and federal regulators to shut down Mangini's operation and strip his license. Mangini's guilty plea underscores 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 prior Indictments, the Superseding Information to which Mangini 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, Mangini and his conspirators manufactured, sold, and shipped millions of dollars' worth of adulterated and misbranded equine drugs, including performance-enhancing drugs (“PEDs”) intended to be administered to racehorses for the purpose of improving those horses' race performance in order to win races and obtain prize money. Mangini, a former pharmacist whose license was suspended in 2016, sold these drugs through several direct-to-consumer websites designed to appeal to racehorse trainers and owners, including, among others, “horseprerace.com” and “racehorsemeds.com.”

Mangini contributed to the conspiracy by, among other things, using his training to design and create custom PEDs that were advertised and sold online, using misleading labels, packaging, and return address information, including sales to customers in the Southern District of New York. 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 that 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. Mangini and his co-conspirators repeatedly touted illegal drugs sold on these websites as substances that “WILL NOT TEST” in the event of drug screens by racing officials. For example, Mangini's pain-numbing product “Numb It Injection” was advertised as a “proprietary formula and without question the most powerful pain shot in the market today AND WILL NOT TEST,” and customers were expressly directed to administer the drug by “injection as close to the event or extreme exercise as possible.”

The drugs distributed through the defendant's websites were manufactured in non-Food and Drug Administration (“FDA”) -registered facilities and carried significant risks to the animals affected through the administration of those illicit PEDs. For example, in 2016, Mangini and his co-conspirator, Scott Robinson, who was previously convicted and sentenced in this case, 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 to Mangini, Robinson wrote simply, “here is another one.”

Mangini is among 29 individuals charged to date 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, horse racing officials, and the FDA, among others, 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.

Mangini, 55, of Boca Raton, Florida, pled guilty to one count of conspiring to violate the federal drug misbranding and adulteration laws. 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 defendant will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the New York FBI Office's Eurasian Organized Crime Task Force and its support of the FBI'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 FDA and the U.S. 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, Anden Chow, Benet Kearney, and Andrew C. Adams are in charge of the prosecution.

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The Friday Show Presented By Diamond B Farm’s Rowayton: One Year Later, Where The FBI Probe Stands

It's been one year since the FBI arrested over two dozen individuals, including trainers Jason Servis and Jorge Navarro, in a racehorse doping probe originating with the U.S. attorney's office for the Southern District of New York. Three days after the arrests, the World Health Organization declared the coronavirus outbreak to be a pandemic, and the entire world seemingly ground to a halt.

In the ensuing 12 months – despite the challenges to the Justice Department brought about by COVID-19 –  there have been two guilty pleas; this past week one of those individuals, Scott Robinson, accused ot selling performance enhancing substances that wound up in racehorses, was sentenced to 18 months in prison on one count of drug adulteration and misbranding conspiracy.

In this week's edition of the Friday Show, publisher Ray Paulick and Natalie Voss, the Paulick Report's three-time Eclipse Award winning editor in chief, discuss the federal case's developments and what we can expect in the months and even years going forward. Bloodstock editor Joe Nevills joins the show to talk about the Star of the Week and has a Toast to Vino Rosso, highlighting one of the foals from the first crop by the Breeders' Cup Classic-winning son of Curlin.

Click below to watch this week's Friday Show.

The post The Friday Show Presented By Diamond B Farm’s Rowayton: One Year Later, Where The FBI Probe Stands appeared first on Horse Racing News | Paulick Report.

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Former FBI Agent Rob D’Amico Appointed Chief Security Officer For 1/ST

1/ST has appointed former Federal Bureau of Investigation Supervisory Special Agent Rob D'Amico as Chief Security Officer for the 1/ST group of companies.

D'Amico will lead an integrated security team that will focus on elevating and enforcing safety and integrity protocols across 1/ST businesses. The security team will support and implement best practices for 1/ST RACING, 1/ST TECHNOLOGY, 1/ST EXPERIENCE, 1/ST CONTENT and 1/ST PROPERTIES and will work directly with 1/ST HORSE CARE to achieve the highest safety standards in Thoroughbred horse racing. The appointment of D'Amico as Chief Security Officer provides an increased layer of protection and security oversight on the backstretch, for guests at 1/ST venues and online, for employees and the company's advanced IT systems.

“I am thrilled that Rob has joined our team as Chief Security Officer,” said Belinda Stronach, Chairman and President, 1/ST. “Rob has an extensive and proven track record of collaboration with federal, state, local, and international law enforcement agencies and military that will serve to further complement and reinforce our company's unwavering commitment to integrity. While progress has been made, there is much work to be done to ensure we continue to weed out those in our sport who believe that there is a place for unethical and illegal practices.”

D'Amico has over 26 years of experience and served in the top echelons of federal law enforcement and over 35 years of service to the United States government. Most recently, he served as the FBI's Legal Attaché US Embassy Kabul, running all FBI operations in Afghanistan. D'Amico has participated in some of the United States' most sensitive and highly visible investigations and operations around the world. Highly regarded in the law enforcement and intelligence community, D'Amico has been awarded with both the FBI's and the Royal Canadian Mounted Police's highest medals for meritorious achievement.

“What a great opportunity it is to work with Belinda and her leadership team to make an impact in Thoroughbred horse racing,” said Rob D'Amico, Chief Security Officer, 1/ST. “I look forward to applying my law enforcement and intelligence expertise to protect these magnificent animals and the integrity of the sport while working with the diverse group of companies that make up 1/ST.”

For more information on 1/ST, please visit www.1st.com.

The post Former FBI Agent Rob D’Amico Appointed Chief Security Officer For 1/ST appeared first on Horse Racing News | Paulick Report.

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Navarro, Alleged Doping Co-Conspirators File Motions to Dismiss

Jorge Navarro and Seth Fishman, DVM, the federally indicted trainer and veterinarian whose alleged litanies of racehorse doping date to at least 2002, both filed Feb. 5 motions to dismiss the drug alteration and misbranding conspiracy charges levied against them in United States District Court (Southern District of New York).

According to federal prosecutors, one of their alleged conspiracies involved Navarro allegedly dosing elite-level sprinter X Y Jet “with 50 injections [and] through the mouth” of a performance-enhancing drug (PED) allegedly manufactured and distributed by Fishman before a big win in the 2019 G1  Golden Shaheen in Dubai.

According to wiretaps, Navarro allegedly texted immediate thanks to Fishman for his role in the victory, then four days later allegedly requested “1,000 pills ASAP,” purportedly for use on other horses in his 29% three-year-average win-rate stable.

Ten months later, in January 2020, X Y Jet died suddenly, allegedly from cardiac distress that has never been fully documented.

And two months after that, in March 2020, the feds swooped in.

In a multi-state simultaneous sting, they arrested Navarro, Fishman, and 27 others in an alleged “widespread, corrupt scheme” that centers on Navarro, the 2019 GI Kentucky Derby-disqualified trainer Jason Servis, and a vast network of co-conspirators who allegedly manufactured, mislabeled, rebranded, distributed and administered PEDs to racehorses all across America and in international races.

On Nov. 6, a superseding indictment replaced the version from March, adding wire fraud charges against Servis and two veterinarians involved in the scheme to allegedly drug race horses. Five individuals named in the original indictment were not included in the superseding indictment, raising speculation that the five were cooperating with law enforcement authorities and could testify against the remaining defendants.

A motion to dismiss Counts 1 and 2 of the superseding indictment (both of which deal with drug alteration and misbranding conspiracies) got filed Feb. 5 on behalf of Fishman and Lisa Giannelli. Her role allegedly involved using Fishman's veterinary license to distribute prescription drugs without a valid prescription.

Soon after the Friday filing, Navarro's attorney tacked on a letter announcing his client was legally joining the motion to dismiss.

It is possible other defendants will also legally join that original motion. As of Friday night's  deadline for this story, no related filings were apparent on the federal court database–but there were inaccessible files marked “sealed document placed in vault.”

Fishman is charged in both Counts 1 and 2. Navarro is charged in Count 1, and is charged in Count 3, another alleged drug conspiracy. Giannelli is charged in Count 2.

According to the Feb. 5 memorandum of law in support of the motion to dismiss filed jointly by Fishman and Giannelli's attorneys, there are three independent grounds for the motion:

 

  • “First, Counts 1 and 2 fail to allege that Dr. Fishman, Ms. Giannelli, and their alleged co-conspirators committed acts or conduct that are within the scope of the applicable federal criminal statute, Section 333(a)(2) of the Food Drug and Cosmetic Act (FDCA).

 

  • “As discussed…an agreement aimed at the distribution of misbranded and/or adulterated products with the intent to mislead or defraud state racehorse commissions and racetracks is not a federal crime within the scope of the felony provisions of the FDCA.

 

  • “Second, application of the rule of lenity bars prosecution of Dr. Fishman and Ms. Giannelli for the conduct alleged in Counts 1 and 2.

 

  • “Third, Section 333(a)(2) is unconstitutionally vague as applied to the conduct alleged in Counts 1 and 2.”

 

One of the supporting sub-points seemingly argues that the yet-to-be-implemented regulatory body borne out of the Horseracing Safety and Integrity Act (HISA) is actually the proper arm of the federal law that should be handling the case.

The memorandum states: “The HISA of 2020 Gives the FTC Plenary Authority over Horse Racing.”

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