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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Gary Stevens Talks Secret Oath, Jockeys Leaving California On Writers’ Room

Ever-popular retired Hall of Fame jockey and current television analyst for Fox Sports and the New York Racing Association Gary Stevens joined the TDN Writers' Room presented by Keeneland Tuesday afternoon for an expansive discussion on an array of racing topics and issues. Sitting down with Joe Bianca and Bill Finley as the Green Group Guest of the Week, Stevens gave a huge personal endorsement to star 3-year-old filly Secret Oath (Arrogate) as she prepares to take on males, analyzed the shuffling of the California jockey colony, talked about his role on the acclaimed Fox/NYRA broadcast and much more.

When it comes to Secret Oath, who's undefeated by 23 combined lengths in her last three starts and set to try the boys in the Apr. 2 GI Arkansas Derby, Stevens has a unique perspective. It was he who in 1988 piloted Winning Colors (Caro {Ire}) to only the third win by a filly in the GI Kentucky Derby. Like Secret Oath, Winning Colors was trained by the legendary D. Wayne Lukas, never afraid to try something unconventional with his horses.

“Wayne has never been afraid to jump outside the box, and I think in today's times, with a lot of negativity going on surrounding our industry, this is a feel-good story,” Stevens said. “And Wayne has always been about this sport. He's 100% the best ambassador that we've ever had. People have asked me, 'Is [Secret Oath] anything like Winning Colors?' I actually think from what I'm seeing in the mornings, she may be better than Winning Colors. She's got a different style, she loves to sit off the pace and be a stalker and accelerate. She's got brilliant acceleration for a dirt horse–almost like a turf horse. When she drops [her head] and puts in her kick, she gets it over with in a hurry. Now, granted, she's been running against fillies, but I think there's a lot more in the tank than what we've seen.”

Stevens was later asked about the recent news that Southern California's top two jockeys, Flavien Prat and Umberto Rispoli, would be moving their tack to New York this spring, and whether or not he was surprised.

“No, I wasn't at all,” he said. “I thought that this move would have come a couple of years ago, to be quite honest with you. We've all seen the success Flavien has had when he's traveled to the East Coast. He and Umberto are climbing into what I consider the toughest jockey colony, possibly in the world. But you've got to think about the future, and I'm not going to sugarcoat anything. We see the smaller field sizes in Southern California, and that's one reason I'm in Arkansas right now with Geovanni Franco and Tiago Pereira. They're very good riders who were sixth, seventh on the list of people's choices, and when [tracks] are running shorter fields and multiple trainers have multiple entries in these short fields, it doesn't leave a lot of crumbs for the rest.”

Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, the Pennsylvania Horse Breeders Association, XBTV, Canterbury Park and Legacy Bloodstock, the writers reacted to a Franklin County judge denying Bob Baffert a stay of his suspension, celebrated the drastically improved breakdown record of California tracks, and Finley reads an extraordinary reply to his story on Jorge Navarro starting his prison sentence.. Click here to watch the podcast; click here for the audio-only version.

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Navarro Starts Prison Sentence

The Juice Man has a new home.

After being granted a 30-day delay to the start of his sentence because he was due for eye surgery, disgraced former trainer Jorge Navarro has begun his sentence at FCI Miami, a low security federal correctional institution in Miami. Navarro began his sentence Thursday.

In December, Navarro was sentenced to five years imprisonment by Judge Mary Kay Vsykocil of the U.S. District Court for the Southern District of New York after he pled guilty to one count of conspiracy to commit drug adulteration or misbranding. 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.

Things could have been worse for Navarro. He is not a U.S. citizen, which caused his attorney Jason Kreiss to speculate that he might be sent to a prison under the control of U.S. Immigration and Customs Enforcement (ICE), a worse fate than being sentenced to a minimum security federal prison. Prior to entering prison Navarro had been living with his family in Ocala and Kreiss had sought to have him incarcerated at a facility near his home.

Navarro is one of 754 inmates at the main prison. The FCI facility also includes a satellite camp with 201 inmates.

Navarro's new uniform will be khaki trousers and shirts with institution issued boots or approved medical shoes. He will also be assigned to a work detail, which could mean working in the laundry, the commissary, the kitchen or doing landscaping. The pay for those jobs ranges from 12 cents an hour to 40 cents an hour. He will receive three meals a day, starting with breakfast at 6:10 am. Dinner begins at 5:15 pm.

FCI Miami opened in 1976 as a center for youth offenders and is built along the lines of a campus. The campus includes a lake in the middle of the compound. In 2000, the prison was renamed FCI Miami.

Its most famous prisoner was former Panamanian Dictator Manuel Noriega, who was convicted of drug trafficking, racketeering, and money laundering. After spending 20 years at FCI Miami, he was extradited to France.

According to the website whitecollaradvice.com, over half the prison population is Hispanic and many are from Puerto Rico. Navarro is Panamanian.

In a 2020 article that appeared in the Fort Lauderdale Sun Sentinel, the newspaper wrote of a situation where smuggled contraband was a rising problem. Fifty prohibited cell phones were found in one investigation.

“FCI Miami sits on a patch of scrubby Pine Rockland shared with Zoo Miami and a small U.S. Army base,” the article reads. “The facility has held the famous and the infamous. Ponzi schemer Peter Madoff, Panamanian dictator Manuel Noriega and Jamaican reggae legend Buju Banton have called it home.”

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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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