Jason Servis | Horse Racing Free Tips

Fishman Asks for Sentencing Delay

The veterinarian Seth Fishman, who is currently incarcerated at Metropolitan Detention Center in Brooklyn after being convicted Feb. 2 on two felony counts in an international performance-enhancing drug (PED) racehorse doping conspiracy, had his lawyer ask a federal judge on Thursday to push back his May 5 sentencing because he is having trouble filling out required paperwork.

Fishman is facing 20 years in prison, and he also has an active motion before the same judge asking for the first of his two convicted counts to be dismissed on the basis that he was allegedly charged twice for the same crime.

According to a one-page letter filed Apr. 7 by attorney Maurice Sercarz in United States District Court (Southern District of New York), Fishman “did not receive the financial forms that he must fill out prior to sentencing until the last week in March. Dr. Fishman's financial circumstances are complex and he does not have access to all of the records he needs in order to properly fill out the forms.”

The letter continued: “The Probation Department informs me that without Dr. Fishman's financial records, they cannot provide me with a draft Presentence Report. Thus, Probation was unable to provide the requisite draft Presentence Report (PSR) within 35 days of the May 5, 2022, sentencing date pursuant [to federal rules].

“Accordingly, I am requesting an adjournment of Dr. Fishman's sentencing date for approximately three weeks. This should afford him adequate time to complete the financial reporting requirements as best he can under the circumstances, and put us back on track to have the PSR disclosure process completed in time for sentencing.”

Sercarz wrote that he has informed federal prosecutors of the delay, and that they have no objection to the request to push back the sentencing.

Although a number of defendants named in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first from a federal sweep of several dozen individuals indicted in 2020 to stand trial and to be found guilty by a jury.

Fishman's case has been notable thus far because of the breadth of his legal maneuverings and some courtroom drama, which included the Florida-based veterinarian being inexplicably absent from court during his sentencing. 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, the judge in Fishman's case modified his bail conditions after federal prosecutors alleged he was still selling PEDs while awaiting trial.

And in January 2022, one week before his trial was scheduled to start, Fishman had unsuccessfully asked the judge to delay the trial over concerns related to the COVID-19 pandemic.

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Two Years After the Indictments, Where Are They Now?

It may seem like yesterday, but the bombshell that was the announcement that more than two dozen people had been indicted for their alleged role in a horse doping scheme was made exactly two years and two days ago. What has happened to the 29 individuals since the day that shook horse racing to its core?

Here's a rundown:

Jorge Navarro: Navarro pled guilty to one count of drug alteration and misbranding and was sentenced to five years in prison, the maximum allowable sentence. Judge Mary Kay Vyskocil was not the least bit sympathetic when Navarro blamed his juicing on the pressure he was under to win races and went so far as to say she wished she were able to sentence him to more than five years. In addition to the prison sentence, Navarro was ordered to payment of restitution in the amount of $26,860,514, reflecting winnings obtained through his fraudulent doping scheme. He is expected to begin his stay in prison as early as next week.

Jason Servis: Has not entered a guilty plea and seems intent on fighting this to the end. In November, in a superseding indictment, the government tacked on the extra charges of mail and wire fraud conspiracy. The maximum sentence under federal guidelines for the charge is 20 years. His trial has been delayed and is not expected to occur until the first quarter of 2023. He is represented by the high-profile attorney Rita Glavin, who also represented Andrew Cuomo, who resigned amid accusations of sexual harassment.

Louis Grasso, Donato Poliseno, Conor Flynn, Thomas Guido, Rene Allard and Richard Banca: The defendants come from the harness industry and are under an indictment that is separate from the Servis-Navarro indictment. Grasso is a veterinarian, who, the government charges supplied adulterated and misbranded PEDs to trainers. The others are all trainers. All six have been charged with one count of drug adulteration and misbranding and have maintained their innocence. Their case goes to trial June 27.

Erica Garcia and Michael Tannuzzo: Tannuzzo was a NYRA-based trainer with a small stable who, allegedly, helped supply Navarro with drugs. Garcia is a veterinarian who also faces charges that she helped procure drugs for Navarro. Their trial is slated for December.

Marcos Zulueta: A Parx-based trainer who was winning at a 31% clip before being indicted, has pled guilty and has been sentenced to 33 months. He also assisted Navarro in obtaining PEDs. Has not yet reported to prison.

Gregory Skelton: An Indiana-based veterinarian, he is no longer under indictment.

Seth Fishman: The Florida veterinarian ran a large scale operation that manufactured and sold PEDs, Fishman went to trial and was found guilty after the jury deliberated for less than two days. He was convicted on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS and faces up to 20 years in prison. He was absent from the court room for the last two days of his trial and his absence has yet to be explained. He will be sentenced May 5.

Lisa Gianelli: Assisted Fishman. Her trial was postponed after her lawyer came down with COVID.

Ross Cohen: Is no longer under indictment and testified against Fishman.

Chris Oakes: A prominent harness trainer who used drugs on his own horses and also supplied Navarro with drugs, pled guilty and was sentenced to three years. His sentence will begin June 1.

Nick Surick: Another prominent Standardbred trainer, he is no longer under indictment.

Jordan Fishman: A Massachusetts-based drug manufacturer, he pled guilty and was sentenced to 15 months.

Rick Dane, Jr.: A harness trainer, he has pled guilty and has not yet been sentenced.

Kristian Rhein: A veterinarian based in New York, he sold SGF-1000, the drug that Servis was allegedly using on his horses. He was sentenced to three years and is serving his terms at FCI Fort Dix.

Michael Kegley, Jr.: A sales director for a company that sold PEDs, Kegley was sentenced to 30 months and is serving his term at FCI Ashland.

Alexander Chan: Like Servis, mail and wire fraud charges have been tacked on to the original indictment and he faces up to 20 years in prison. Allegedly procured drug for Servis. His trial has been postponed until 2023, when he will be tried along with Servis.

Henry Argueta: Servis' former assistant, he is no longer under indictment. Would come as no surprise if he were to testify against his old boss.

Scott Robinson: A drug supplier, he pled guilty and was sentenced to 18 months and is serving his sentence at FCI Coleman Low. Granted an interview from prison to the TDN and said he had “thousands of customers.”

Scott Mangini: A drug manufacturer and a former partner with Robinson, was sentenced to 18 months and Is serving his sentence at FPC Pensacola.

Chris Marino: The harness trainer is no longer under indictment.

Sarah Izhaki and Ashley Liebowitz: A mother and daughter team who appeared to be minor players in the scandal. Izhaki pled guilty and was sentenced to time served plus three years of supervised release. Her daughter, Leibowitz, entered into a non-prosecution agreement with the government.

Rebecca Linke: A New Jersey-based veterinarian, Linke entered into a deferred prosecution agreement with the government. The charges in the indictment will be dismissed if she complies with all the rules, regulations and special conditions of the agreement.

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Trial Date for Servis Pushed Back to Early ’23

The trial of alleged doping conspirator Jason Servis got pushed back to early 2023 at a status conference in federal court on Thursday.

Robert Gearty of the Blood-Horse first broke the Feb. 24 story from United States District Court (Southern District of New York).

Gearty reported that the former trainer's trial will take place in the first quarter of 2023 along with that of veterinarian Alexander Chan.

Previously, Judge Mary Kay Vyskocil had been aiming for a mid-2022 trial for Servis, the most prominent name among the remaining defendants asserting innocence.

“Vyskocil blamed the postponement on the courthouse's coronavirus restrictions that have made it more difficult to schedule trials in a timely manner,” Gearty wrote. “When scheduling criminal trials preference goes to defendants awaiting trial behind bars. Servis and Chan are free on bond.”

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 to a trove of wiretaps the government has produced as evidence against him (and other defendants), 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.

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Harness Trainer Dane Enters Guilty Plea

Harness trainer Rick Dane Jr. became the latest of the indicted trainers, veterinarians and others in the federal investigation into racehorse doping to enter a guilty plea in federal court on Thursday, and has been ordered to pay a monetary judgement of $33,912.

Dane accepted a government plea deal on Friday, Feb. 11, and changed his plea from not guilty to guilty.

The agreement was made between Dane, his attorney, U. S. Attorney Damian Williams, and U. S. District Judge Mary Kay Vyskocil.

Several of the defendants who originally pled not guilty and who were awaiting trial have changed their plea to guilty, including Jorge Navarro, Kristian Rhein, Jordan Fishman, Marcos Zulueta, and Christopher Oakes, who, like Dane, was a harness racing trainer. Dane's New Jersey Horse Racing license was revoked in March, 2020, two days after the indictments were announced.

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