Feds, Fishman Spar in Bail Revocation Hearing

Federal prosecutors and the legal team for Seth Fishman continue to spar over allegations by the government that the indicted Florida veterinarian should have his bail revoked for allegedly still selling purportedly performance-enhancing drugs (PEDs) while awaiting trial in the international racehorse doping conspiracy case.

The latest legal salvo, fired Dec. 17 by prosecutors in the form of a letter, comes three days before Fishman's Dec. 20 bail revocation hearing in United States District Court (Southern District of New York).

This latest plot twist in the case began Dec. 6, when prosecutors told the judge that Fishman's administrative assistant permitted Federal Bureau of Investigation agents to search her workplace, and the search allegedly yielded evidence that Fishman is still selling drugs.

One week later, Fishman replied with a court filing of his own that stated that employee “had little choice but to succumb to the demand by agents that they be permitted to search the premises” because at the time her consent to the search was obtained “she was at risk of prosecution for the very offenses with which Dr. Fishman was charged.”

Friday's new filing made three points:

“First, Fishman attempts to justify his continued manufacture of drugs by claiming a 'good faith' effort to meet the requirements of the 'export exemption' set forth in 21 U.S.C. § 381(e),” the Dec. 17 filing stated.

“Second, the defendant suggests that the Government has implicitly condoned his ongoing criminal activity insofar as Fishman and/or his former counsel have claimed that Fishman holds an intention to continue his drug sales in conformity with the foreign sales exemption of 21 U.S.C. § 381(e),” the filing stated.

“Finally, the Government notes that Fishman points to no authority for the proposition that a proffering witness cannot provide voluntary consent to a search,” the filing stated.

Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government. His trial is tentatively expected to start in mid-January.

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Reports: Navarro Sobs In Court As Judge Sentences Him To Five Years In Prison For PEDs Case

Former trainer Jorge Navarro was handed the maximum prison sentence of five years by U.S. District Judge Mary Kay Vyskocil in New York on Dec. 17. The proceedings, which were held in person, went on for 90 minutes, with Judge Vyskocil “lashing into” Navarro several times, according to the Thoroughbred Daily News.

Navarro became emotional and eventually began openly weeping in court as Judge Vyskocil characterized his actions. Navarro had entered a guilty plea to one count of drug adulteration and misbranding, after having been charged with two counts in a November 2020 superseding indictment.

“For years, Mr. Navarro, you effectively stole millions, cheating other trainers, owners and jockeys who you competed against,” the judge said. “You also demonstrated, Mr. Navarro, a collective, callous disregard for the well-being of the horses. Bottom line, you likely killed or endangered horses in your care.”

Defense attorneys for Navarro wrote in their pre-sentencing report that they believe the ex-horseman will almost certainly be deported at the conclusion of his sentence, based upon his immigration status. Navarro came to the United States legally from Panama 35 years ago.

He is due to begin his sentence in 60 days.

The prosecution's pre-sentencing report painted a picture of an arrogant trainer unafraid to give his horses illegal performance enhancers irrespective of their potential risk, boasting to others in text messages about his drug program, and openly admitting to some owners that their horses were being doped. Read our summary of that report here.

Navarro had already agreed to forfeit a total of $70,000, which represents the value of drugs he obtained and gave to racehorses. He has also agreed to pay restitution of $25,860,514 – representative of the amount of purse earnings he got during the illegal doping conspiracy.

Read more about the Dec. 17 sentencing hearing at Thoroughbred Daily News

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Navarro Gets Maximum Prison Sentence of Five Years

NEW YORK–Jorge Navarro, who catapulted to the top of the trainer ranks thanks to his widespread use of an arsenal of illegal, performance-enhancing drugs, was sentenced to five years in prison Friday by Judge Mary Kay Vsykocil of the U.S. District Court for the Southern District of New York. Five years was the maximum sentence allowed after Navarro pled guilty to one count of conspiracy to commit drug adulteration or misbranding.
Navarro, 46, is scheduled to begin his prison sentence on or around Feb. 15. It has yet to be determined where he will serve his sentence.
Navarro's attorney Jason Kreiss asked Vsykocil to sentence his client to four years, but ran headfirst into a judge who was in no mood to show Navarro any leniency. Rather, she continually lashed out at the disgraced former trainer, calling him a callous, calculating cheater who showed no regard for the well-being of the Thoroughbreds under his care. Vsykocil went so far as to declare that she wished the applicable laws allowed her to sentence Navarro for more than five years.
“For years, Mr. Navarro, you effectively stole millions, cheating other trainers, owners and jockeys you competed against,” she said. “You also demonstrated, Mr. Navarro, a collective, callous disregard for the well-being of the horses. The bottom line is you likely killed or endangered the horses in your care.”
Navarro's defense team tried to portray him as someone who, despite the charges against him, loved horses. Vsykocil wasn't buying it.
“The reality is someone who loves horses does not subject them to such cruel and dangerous treatment,” she said.
She also brought up the brazen manner in which he operated. In their pre-sentencing letter, government lawyers said that Navarro “considered his prolific doping a badge of honor.”
“You were so open, so brazen about your crimes that you were dubbed 'The Juice Man' and even kept in your barn a pair of Crocs that had the words 'Juice Man' running across the toes,” she said.
The hearing, which lasted about 90 minutes, began with government lawyers laying out their case as to why Navarro deserved the maximum sentence. U.S. Attorney Sarah Mortazavi said that Navarro's “career as a racehorse trainer was a sham based on a fraudulent scheme” and called him “unprincipled and dangerous.” Kreiss maintained that Navarro was a skilled horseman who succumbed to the pressures of his profession and made some bad choices.
Mortazavi zeroed in on the case of XY Jet (Kantharos), who Navarro drugged before a Feb. 13, 2019 allowance race at Gulfstream and also before his victory in the G1 Dubai Golden Shaheen in Dubai. Two weeks after his final career start, XY Jet died, which Navarro claimed at the time was due to a heart attack.
“It was tragic what happened to XY Jet, but not surprising,” Mortazavi said. “He was dead of a heart attack two weeks after his last race. That was a potent reminder of Navarro's hypocrisy.”
Navarro entered the courtroom surrounded by his wife and several other family members. When it came his time to address the court, he grew emotional, openly crying.
“I was hungry to be a winner and somewhere along the line the pressure got to me,” he said. “I thought I had to win to be respected in the horse racing industry. I became a selfish person who only cared about winning and I lost my way. I chose to become a horse trainer because of my love for the horse. It was the horses that brought me my greatest joy. I take responsibility for all that I have done and apologize to the people that I have hurt. I should have quit when I started feeling all that pressure, rather than putting the horse and the people who believed in me through this.”
Navarro has also been ordered to pay $25.8 million in restitution to the owners, trainers and jockeys he defeated from 2016 to when he was arrested in March 2020. Government lawyers revealed that Navarro is to pay that money to the racetracks he competed at during the run and the tracks will then be responsible for distributing the money. It is not clear if he has $25 million, or anything close to it, at his disposal.
Kreiss admitted that Navarro “will never be a licensed trainer in the U.S. ever again.” But much of his future remains murky. He will be subject to three years of supervised release after finishing his sentence, but Kreiss reiterated his belief that Navarro, who is not a U.S. citizen, will eventually be deported to his native Panama. Navarro has been in the U.S. for 35 years and has said he has no connections to anyone in Panama. Because of his immigration status, he cold also be sent to a prison under the control of U.S. Immigration and Customs Enforcement (ICE) rather than to a federal minimum-security prison in Florida, where he is now residing.

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New NTRA President, CEO Tom Rooney Joins Writers’ Room

It's a hell of a time in racing to become the new head of one of the sport's foremost national organizations, but new National Thoroughbred Racing Association president and CEO Tom Rooney says he's ready for the challenge. Wednesday morning, the former U.S. congressman joined the TDN Writers' Room presented by Keeneland's final show of 2021 as the Green Group Guest of the Week to discuss what the NTRA's top priorities will be under his stewardship, how his previous experience on the Hill can benefit the industry, what he thinks the NTRA's role should be in racing's ongoing public relations battle and much more.

“One of the things I think the board of directors wanted when they brought me on was to really sharpen our focus in Washington, D.C.,” Rooney said. “So much so that we're going to be opening an office there to make sure that I'm back in front of my old colleagues on a daily basis to make sure they don't forget about this issue or that issue. Specifically, the big issues that we deal with are the tax code, immigration–H-2A and H-2B visas for both at the farms and at the track–those are hugely important issues for keeping the trains running on time. And one of the things that I'm very excited about and looking forward to working on very closely is sports betting as it becomes more and more legalized across the United States and includes more sports. We used to be the only game in town when it came to legalized gambling, but now horse racing is separate from the other sports you might find on DraftKings or FanDuel, so if my son, who's in college, is putting a $20 bet on the 76ers and the Packers and wants to boost with a bet on the Breeders' Cup Classic, he can't necessarily do that because of the way everything is set up. We have to make sure–and I'm not sure this is a legislative fix yet–to be in that ballgame if we want to have a new generation of horseplayers. I think I would be neglectful in my job if I wasn't making sure that the one sport that was legal [to bet on] all along continues to be at least part of that game going forward, so I'm going to be working hard on that.”

Asked what he thinks the NTRA's role will be in trying to win the narrative in the court of public opinion when catastrophe strikes, as it so often has recently, Rooney said, “I think it's going to be absolutely huge. Publications and media outlets look for a response from somebody, and we just hired a new communications director who is going to be starting this month, and we are hopefully going to be one of the go-to voices in response to [crises]. For all those people who get up at God knows what hour every day and go down to the racetrack or the farm barn or cover this stuff like you do and want the sport to be successful and something we can be proud of, I think they're sick of being lumped in with this idea that we're all a bunch of cheaters who are drugging horses and don't really care about them and are just using them for our personal benefit. I just don't believe that, and I'm looking forward to being the voice to push back against that. Now, if something went wrong, there also has to be accountability on our side, which is a good thing. [Calfiornia] Senator [Dianne] Feinstein wrote a letter saying she wants transparency and thoroughness in the process [of investigating Medina Spirit's death]. Great. We agree. We want that too. One of the first things I learned in Congress was that you cannot let an accusation that harms you or your constituency go [unanswered], because if you do, it's almost an admission that what they're saying is right. You have to respond. And sometimes the response is tough love. But I think it's incumbent upon groups like the NTRA to make sure that the public has the other side of the story.”

Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, XBTV, Lane's End, Three Chimneys, Hill 'n' Dale and Legacy Bloodstock, the writers discussed the impending sentencing of the Jorge Navarro and, in their year-in-review segments, picked their favorite races and biggest stories of 2021 as well as what horses they're most looking forward to seeing in 2022. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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