Ohio Commission Suspends License Of Trainer Who Admitted To Using PEDs During Fishman Trial

The Ohio State Racing Commission has suspended trainer Jamen Davidovich, reports bloodhorse.com, after his testimony during the federal trial of Dr. Seth Fishman revealed that Davidovich had bought and used performance-enhancing drugs supplied by the veterinarian.

“Jamen right now is going to have a suspended license,” OSRC executive director Chris Dragone told bloodhorse.com. “The stewards are drafting it up right now, and we're going to reach out to him to schedule a hearing, but his license will be suspended, and he'll be put on a 'stop list' as of the end of the day.”

Testifying on Thursday, Jan. 27, under a grant of immunity from Judge Mary Kay Vyskocil, Davidovich said he met Dr. Fishman at a sushi bar in Florida. 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 he stopped administering PEDs in 2018 after meeting Dr. Steven Allday.

The trainer raced primarily in Ohio, with 66 winners from 333 overall starters on his record, according to Equibase.

Dragone said a hearing date has not yet been set, but told the TDN Davidovich could face a lifetime ban.

“We haven't seen the transcripts (from the Fishman trial) yet,” Dragone told TDN. “But from everything I have heard and from what he said, this was blatant. This is very serious. This came out of the blue and we had no notice so far as what he was going to say in court. But when he said in court that he drugged horses we had to take action. And it's possible that he may have his license revoked and that he will be ruled off for life.”

Read more at bloodhorse.com and Thoroughbred Daily News.

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Trainer Who Testified Against Fishman Faces Lifetime Ban

Trainer Jamen Davidovich, who admitted Thursday during the trial of Seth Fishman that he bought and used performance-enhancing drugs supplied by the veterinarian, has been suspended by the Ohio Racing Commission, a first step in what could lead to a permanent revocation of his license.

Davidovich testified that Fishman, one of 27 individuals originally indicted in the doping probe that includes high-profile trainers Jorge Navarro and Jason Servis, began supplying him with drugs after the two met at a Ft. Lauderdale restaurant. 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, 31, races primarily in Ohio and the commission in that state wasted little time taking action Friday. According to Ohio State Racing Commission executive director Chris Dragone, Davidovich's license has been suspended pending a hearing. The news that the Ohio commission had taken action against Davidovich was first reported by the Blood-Horse.

“He's entitled to a hearing and we'll see what he has to say,” Dragone said.

Dragone said that if the evidence shows that Davidovich doped horses his license could be permanently suspended.

“We haven't seen the transcripts (from the Fishman trial) yet,” Dragone said. “But from everything I have heard and from what he said, this was blatant. This is very serious. This came out of the blue and we had no notice so far as what he was going to say in court. But when he said in court that he drugged horses we had to take action. And it's possible that he may have his license revoked and that he will be ruled off for life.”

Reached by the TDN, Davidovich said he had no comment.

After winning just five races in 2014, Davidovich's career took off in 2015 when he went 25-for-99 (25%). He was 21-for-81 in 2016 and 9-for-59 in 2017. He said during the trial that he stopped doping in 2018, which is when his fortunes changed. Since 2018, he has won just six races from 51 starters.

Thursday's court room proceedings also included testimony from harness trainer Adrienne Hall, who also admitted she used PEDs supplied by Fishman. She last started a horse in December at the Meadowlands. Meadowlands owner Jeff Gural said he has not yet decided if he will ban Hall from his tracks.

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Fishman Trial Enters Homestretch

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 also 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 Apr. 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.

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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.

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