Jordan Fishman | Horse Racing Free Tips

Feds Having Trouble Designating Prison for Jordan Fishman

Jordan Fishman, the convicted Massachusetts-based drug formulator who made illicit substances that were later injected into racehorses, got sentenced to 15 months back on Feb. 8 after pleading guilty in the wide-ranging international horse doping conspiracy.

But nearly four months later, Fishman still hasn't been incarcerated because the Bureau of Prisons (BOP) has twice lagged in telling him to which federal facility he's supposed to surrender.

On Monday, for the second time within the past six weeks, his attorney wrote a letter to the judge handling the case to inform him that it's now three days before the date Fishman is supposed to turn himself in, but he still hasn't heard anything from the BOP.

Patrick Joyce, Fishman's lawyer, had articulated essentially the same concern back on Apr. 25 in United States District Court (Southern District of New York). Fishman's original reporting date had been May 9, but the judge pushed the surrender date back one month because of the lack of assignment.

In general, prisoners who are scheduled for self-reporting get at least several weeks of lead time about where they're supposed to serve their sentences so they can make any necessary arrangements about getting there or inform the prison about medical needs.

“It is most important that Mr. Fishman be permitted to contact the facility to which he is designated prior to his incarceration,” Joyce wrote. “We are hoping to supply the facility with a list of foods to which Mr. Fishman is allergic. Mr. Fishman has a significant reaction to most fruits, and anything containing gluten. His exposure to these things causes a variety of serious health issues. (Severe GI issues, headaches, and anaphylactic reaction).

“For these reasons, Defendant respectfully requests that the Court adjourn Jordan's surrender date until August 9, 2022, before 2 PM, or until 14 days after he has been notified of his designation, whichever date occurs later,” Joyce wrote.

Back in October, Fishman, 64, had pleaded guilty to one count of adulterating and misbranding purportedly performance-enhancing drugs.
Jordan Fishman is unrelated to-but had a professional working relationship with-Seth Fishman, the convicted veterinarian who is awaiting his own sentencing from the same series of arrests and faces 20 years in prison for his role in the horse-doping conspiracy.

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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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Jordan Fishman Wants Prison Delay

Two weeks before he's supposed to report to federal prison to serve a 15-month sentence, Jordan Fishman, the convicted Massachusetts-based drug formulator who made illicit substances that were later injected into racehorses, asked the judge to delay his reporting date by one month.

The reason? More than 2 1/2 months after his sentencing, the Bureau of Prisons still hasn't told Fishman which facility he's supposed to turn himself in to May 9.

Fishman also wants the judge to consider a pandemic-related health concern that would give him an extra month of freedom.

Patrick Jouyce, Fishman's attorney, articulated his client's concerns in a one-page letter filed Apr. 25 in United States District Court (Southern District of New York).

“I also regret to inform the Court that Jordan's ex-wife, with whom he works in close proximity at his business, has just contracted COVID-19 and in all likelihood, Defendant has as well even though as of today, he tested negative. For these reasons, Defendant respectfully requests that the Court adjourn Jordan's surrender date until June 9, 2022.

Back in October, Fishman, 64, had pleaded guilty to one count of adulteration and misbranding of purportedly performance-enhancing drugs (PEDs).

Jordan Fishman is unrelated to–but had a professional working relationship with–Seth Fishman, the convicted veterinarian who is awaiting sentencing and faces 20 years in prison for his role in the horse-doping conspiracy.

Lisa Giannelli, an assistant to Seth Fishman, was supposed to go on trial at the same time as Seth Fishman back in January. But she had her case declared a mistrial after her attorney tested positive for COVID-19. Her new trial begins Apr. 27.

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Fishman Wants Court to Merge Two Convictions

Thirty-four days after being found guilty by jury trial on two felony counts of conspiring to violate adulteration and misbranding laws in the nationwide racehorse doping case, the Florida-based veterinarian Seth Fishman made a motion in federal court asking for the first of those counts to be dismissed on the basis that it is allegedly “multiplicitous of” (already contained within) the second, much broader conspiracy.

Fishman's Mar. 8 filing in United States District Court (Southern District of New York) is likely the first of several legal steps leading to a formal appeal of his convictions. He faces 20 years in prison upon sentencing May 5.

“As relevant here, a multiplicitous indictment 'charges the same crime in two counts,'” Fishman's letter motion stated, “when 'only one crime has been committed' in 'law and fact.'”

Fishman's filing–almost two years to the date of his Mar. 9, 2020, arrest–argued that the dual counts could lead to “multiple sentences for the same offense,” and that the two counts might have “improperly prejudice[d] a jury by suggesting that a defendant has committed not one but several crimes.”

Fishman, along with six other veterinarians, 11 trainers, and nine others, was charged with being a key figure in an international network of purported performance-enhancing drug (PED) suppliers who allegedly conspired to dope racehorses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

“The indictment in this case accused Dr. Fishman of participating in overlapping but ostensibly independent conspiracies to illegally distribute a variety of customized PEDs–untestable, adulterated and misbranded–to racehorse owners and trainers in America and abroad,” Fishman's motion stated.

“Count Two alleged a broad, 18-year conspiracy–lasting from 2002 through 2020–with Lisa Giannelli, Jordan Fishman, Rick Dane Jr. and unnamed others. Count One alleged a subsidiary, four-year conspiracy–lasting from 2016 through 2020–with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others…

“Yet throughout the trial–from the start of the prosecutor's opening to summation–the government framed the case as one involving 'a single, ongoing conspiratorial' agreement: namely, an encompassing 18-year arrangement among Dr. Fishman, his employees, suppliers and customers to manufacture, buy and sell the same menu of adulterated and misbranded PEDs through Dr. Fishman's company, Equestology LLC, rather than 'two separate schemes operating independently…'

“The government thus presented an integrated, 'overall' agreement with one primary object–trafficking in prohibited substances designed to boost racehorse performance and avoid regulatory detection–that violated a 'single statute' over a lengthy period.”

The filing continued: “Perhaps most significant, the government's summations graphically confirmed its mixing and matching the charged conspiracies–its blending their vague contours, blurring their fuzzy boundaries and otherwise presenting the two as an interwoven, indivisible whole…

“Even more striking, the prosecutors opted to address the charges in 'reverse,' starting with the sprawling conspiracy alleged in Count Two [before finally getting around to] Count One…

“On this record–even when construed most favorably to the government and drawing all inferences in its favor–the only plausible conclusion is that the lesser conspiracy charged in Count One was 'simply a species' or subset of the greater one alleged in Count Two.”

Fishman's multiplicity motion suggested a remedy of merging his two convictions so that only a single sentence will be imposed.

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