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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Guilty Verdict for Lisa Giannelli

The federal government's crackdown on horse doping notched another courthouse win May 6 with a jury finding Lisa Giannelli guilty of conspiracy to misbrand and adulterate drugs after an eight-day trial.

The jury of eight men and four women in U.S. District Court in New York returned the verdict after less than two hours of deliberations spanning two days.

Giannelli, 55, of Felton, Del., faces a maximum sentence of five years in prison at her sentencing Sept. 8 before Judge Mary Kay Vyskocil.

The jurors rejected Giannelli's testimony in which she defended her actions selling medications for veterinarian Dr. Seth Fishman when she was his employee for 18 years at Florida-based Equestology.

As part of their verdict, the jury also agreed that Giannelli's intent was to defraud and mislead.

New York U.S. Attorney Damian Williams said, “For almost two decades, Lisa Giannelli peddled untestable performance-enhancing drugs to give racehorse trainers the tools to dope racehorses. As a former standardbred racehorse trainer, Giannelli knew firsthand the dangers of selling illegal, injectable performance-enhancing drugs to trainers who were recklessly injecting horses to gain a competitive edge. The jury's swift conviction demonstrates the gravity of Giannelli's criminal scheme. This Office remains committed to holding accountable those who would engage in the kind of fraud and animal abuse exemplified by Giannelli's crimes.”

Giannelli stood at the defense table and turned towards the jury during the reading of the verdict. She was wearing a mask and had no visible reaction. She remains free on a $100,000 bond.

She rushed out of the courtroom with her husband.

“I'm disappointed,” defense attorney Louis Fasulo said. He plans to file a motion challenging the verdict.

The charges against Giannelli grew out of a lengthy FBI investigation into horse doping at Thoroughbred and harness race tracks two years ago that resulted in the indictments of more than two dozen people.

Just before announcing their verdict, the jury came to the courtroom to inspect a seized drug bottle that the government introduced into evidence during the trial.

The bottle was labeled BB3 which prosecutors said was a misbranded and adulterated PED designed to boost a horse's red blood cells.

Ten jurors walked past the bottle before two stopped to inspect the bottle with gloved hands.

“The government's case was very strong,” juror Joe Coughlan, 56, of Valley Cottage, N.Y., said after the verdict. “It was a preponderance of the evidence. I couldn't see any other verdict but guilty.”

Coughlan said it's “obviously not a good thing” that horses were being doped at race tracks.

“That amounts to cheating,” he said.

He said he had no idea how extensive the problem was until the trial.

“It's a sport and you've got bettors who are relying on everything being okay,” he said. “You want things to be above board. If they are not, what do you do?”

Prosecutors said the products Giannelli distributed for Fishman were illegal substances meant to enhance a horse's performance while being undetectable in tests conducted by racing authorities after races.

Fishman, a Florida veterinarian, was found guilty at his own trial in February. His sentencing is May 26.

Since the initial indictments, the number of defendants has grown to 31.

Of those 14 have pleaded guilty including two former harness trainers who became government witnesses against Giannelli.

Two other defendants agreed to deferred prosecution agreements.

Defendants with charges still pending include the prominent trainer Jason Servis, whose 3-year-old Maximum Security finished first in the 2019 Kentucky Derby presented by Woodford Reserve (G1) and then was disqualified for interfering with another horse during the race.

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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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Letter to the Editor: Jenine Sahadi

Since the FBI announced in 2020 that their years-long federal investigation into cheating allegations in horse racing had caught admitted “doper” Jorge Navarro, suspected “doper” Jason Servis and a host of other co-conspirators, the lines separating these criminals and most of the rest of the industry's participants with largely minor legal drug positives have been significantly blurred.

Fast forward to the 2021 Kentucky Derby, a full 14 months after Navarro and Servis were arrested and charged with federal conspiracy charges related to drugging of their horses, social media erupted with rumors that Medina Spirit had tested positive for a “banned substance.” The information leaked just days after his victory and seemingly before the colt's trainer, Bob Baffert, had been notified there was a post-race positive.

From that time until now, much of the information that has trickled out has come mostly from speculation or been based on half truths and information twisted to suit a negative agenda. Rarely have details involving Medina Spirit been based on fact. Factor in the press tour Bob Baffert went on defending himself and his position that nothing nefarious was in play–for better or worse–and the perfect storm had developed.

Baffert's record as a trainer–which by industry standards has been cleaner, safer and better than most–was attacked, twisted and manipulated. His personal life–especially his wife and children–came under an all-out assault and was subject to a sea of the most horrific hate imaginable. None of which had anything to do with a post-race positive of a legal therapeutic medication in the Kentucky Derby.

My history with Bob Baffert is well-documented and I haven't always been his biggest fan. However, I knew, in all likelihood, the people saying those things had never met the man. Strangers unconcerned by what it actually means to be a “doper” or “cheater” hurled those epithets as if they actually knew him not only as a person, but also as a trainer.

That said, my disdain for the behavior of his harshest critics is clear and I continue to have the same questions. What is the definition of a cheater? What does it mean?

In what has been one of the most bizarre scenes I've ever witnessed, racing media, political actors, paid social media trolls, disgruntled bettors, along with powerful horsemen's groups and others have perpetuated or fostered a false “Lance Armstrong” narrative about Baffert. They compare Medina Spirit's overage of a legal therapeutic medication to actual blood doping and cheating. I don't really understand why, though I have my suspicions, and for the life of me I cannot fathom how he became the worst thing about horse racing.

Perhaps if we define what a “cheater” or “doper” is, reckless and uninformed attacks on trainers would stop. Educating the media and public on what constitutes cheating versus what is an unintentional overage of a therapeutic medication might actually be a positive development for horse racing. Instead, the industry sits idly by as shows like Saturday Night Live call betamethasone, a medication the industry allows and regulates, to be portrayed as a performance enhancing anabolic steroid. There is never any industry pushback on false narratives.

We have heard from racing's leadership organizations and also from the federal government that untestable drugs may be in use daily. This may be true, although we have yet to see any proof of it up to this point. In the meantime, we have allowed anti-horse racing activists and those who want to end horse racing altogether to spew damaging lies and perpetuate false narratives. These extremists don't hold everyone to the same standards. In fact, some trainers with multiple significant violations seem to get a pass, while others are vilified.

What do I mean by not holding everyone to the same standards? For example, are multiple class 4C positives (e.g. betamethasone) as harmful as one Class 2 (e.g. metformin) positive? Is it a recency equation? If so, are multiple class 4C positives more harmful to both the horse and the image of racing in the public eye than one Class 2 positive? Are we certain that class 4C positives are

“masking” more powerful drugs like EPO, as some allege, and if that's the case, where is the science to support that? Where did this narrative originate? Even more confusing to me is why we even have classifications if we are going to lump all positives into the “doping” narrative? What purpose do the classifications serve, if not to protect the horse and integrity of the game in general?

For years, many of the industry's participants, including myself, have been begging the decision makers for uniform rules and penalties in all racing jurisdictions. This would certainly solve the double-standard issue. It is a daunting task for sure, but certainly one worth the effort from industry leaders–those actually in a position to be heard and effect change in the best interests of the industry. So why hasn't it happened? We have literally had decades to get our ducks in a row and those with the most strength, power, and influence have continued to bury their heads in the sand, or alternatively, added fuel to the fire that is swiftly burning down our industry.

That's not to say all leaders have ignored the issues.

In California, for example, horses are now routinely subject to the most exhaustive pre-race medication and soundness exams in the country. Out-of-competition and thorough testing has become standard and, in rare cases, trainers are being cited for drug overages in workout tests. Is there any other jurisdiction in the country that demands the same strict level of oversight and protocols that California does? If there is, I certainly don't know about it.

California doesn't get sufficient credit from the industry in this area. Critics appearing more concerned with field size than the safety of horses bang the loudest drum to drown out the state's accomplishments. We know equine safety can only help to grow field sizes, as well as, positive public perception. Again, racing industry leadership–or a lack thereof–has played a major role in getting us to this point.

Social media, mainstream and horse racing media, and “experts”, who harbor their own animosity for individuals and the industry, have taken us to a very dark place. Anonymous accounts on social media aim to destroy who and what they don't like. Anyone who presents a rational argument supported with facts is labeled an apologist or far worse. I personally know people who have received death threats. Others have been told they've had background checks run on them. Many have had profane slurs hurled at them. Some of these folks shouting the same vitriol every day are provided cover and support by leadership groups and members of the media who claim to be impartial and to want what's best for the industry. Attacks on owners, who have for decades lost their money with a smile on their face, have ramped up, as well. I will never be convinced this is a good strategy in the short or long run, yet here we are, with many passionate and well intentioned owners accused of being complicit criminals.  Interesting to note that the attackers usually have their own set of immoral behaviors that fly under the radar, but hypocrisy is in full view in 2022.

I don't know where this all ends, but I believe if we can't answer the simplest of questions, like what defines a cheater, or work to achieve uniform rules and regulations throughout the industry, then we are doomed. Change is needed, but we can't allow uninformed critics and activists, who would love nothing more than the collapse of racing to win.

The same standards need to be applied equally for all, in every jurisdiction, from coast to coast. In California, the lessons learned over the past few years have been plentiful. To the racing associations' credit they actually did something–many things–to help the horses and the industry as a whole. Meanwhile, virtually every other jurisdiction continues the status quo while hoping that the frenzy surrounding Bob Baffert will distract from their own breakdown rates and medication violations. Oddly enough, some states have almost no medication violations. Other states should learn from California's mistakes and implement the changes they made to move the industry in a positive direction for a change.

Bob Baffert isn't horse racing's problem, no matter how many times anonymous trolls armed with hatred and half-truths say so on Twitter. Cue the mob.

Sincerely,

Jenine Sahadi

Retired Trainer

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