Harness Trainer Dane Accepts Government Plea Deal

Harness trainer Rick Dane Jr., one of the 27 people indicted by the federal government on charges of doping racehorses, has accepted a plea offer from the government and his case will now not go to trial.

The news was delivered in a Friday, Feb. 11 letter from United States attorney Damian Williams to Judge Mary Kay Vyskocil.

“The Government writes on behalf of the Government and defense counsel for Rick Dane, Jr., the defendant in the above-captioned case, to alert the Court that the defendant has accepted a plea offer extended by the Government. Consequently, the parties respectfully request that the Court schedule a change of plea hearing for a date next week; the parties are available any day except Thursday, February 17, 2022. The parties further request that the Court adjourn the deadlines for all trial-related submissions sine die, in light of the anticipated change of plea proceeding.”

The hearing is set for February 18 at 1 p.m.

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 Dane's New Jersey Horse Racing license was revoked in March, 2020, two days after the indictments were announced.

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Caught Up In Fishman Scandal, Hall Tells Her Story

It was back in October of 2018 that a small-time harness racing owner and trainer named Adrienne Hall reached out to veterinarian Dr. Seth Fishman. She was new to the Florida harness circuit and says she simply was looking for a vet to help her with her horses. What she did not know at the time was that she had just made one of the worst mistakes of her life.

Hall's relationship with Fishman evolved and became complicated. It led to Hall, 42, testifying earlier this year in court against Fishman in his trial for selling performance-enhancing drugs to, among others, disgraced Thoroughbred trainer Jorge Navarro. It was during that trial that Hall admitted Fishman also supplied her with illegal drugs that she used to improve the performance of her horses.

Unlike Fishman, who was found guilty by a jury, Hall will not be going to prison. But her career in harness racing may be over, she faces a likely suspension from the New Jersey Racing Commission and she says she is not holding up well in the aftermath of her testimony. She says she is “in bad shape” and on medications to get through the day.

While she understands that she brought this upon herself, Hall maintains that she has been unfairly portrayed in press reports covering the Fishman trial and that she testified against him not to avoid prosecution but because she wanted to help clean up the sports of Thoroughbred and Standardbred racing. With that in mind and in hopes that she could at least somewhat change the narrative, Hall agreed to what became a lengthy interview with the TDN last week.

Below are the subjects that were covered. They include Hall's take on her own situation, what she says she did and did not do wrong and her insights into Seth Fishman and his operation and the culture of doping she believes permeated the Standardbred game.

“It appeared to me that it was chemical warfare out there,” she said. “How was I supposed to compete against horses that don't get tired?”

(*) Hall said originally she had no idea that Fishman sold illegal drugs. She was looking for veterinary help after moving from Ohio to Florida and said that Fishman came highly recommended.

“I had horses who were tying up,” she said. “I had questions about how to raise red blood cell counts because my horses were borderline anemic. I really wanted help and I trusted him. I had heard really good things about him and how smart he was and that's why I wanted to utilize him. I did not specifically reach out to Dr. Fishman for performance-enhancing drugs.”

(*) Fishman, Hall said, seemed particularly eager to work with her. She believes she now knows why. She had worked in an office job for Todd Pletcher and says she also had some connections with top harness trainer Tony Alagna. Fishman asked her to approach both trainers to see if they were interested in buying his drugs. She says she never contacted either one.

“It was my understanding that Navarro was not paying his bills and he was getting really fed up with him,” she said. “He wanted a big stable to come in and take his place. That's the only reason why I can think of he would give me any attention.”

In June of 2019, Hall said she spoke to Fishman for the last time.

“He said, 'I really regret trying to help you because you did nothing but waste my time,'” she said.

(*) During her testimony, Hall admitted using PEDs on a horse and excitedly told Fishman after she won a race that the drug appeared to have made a major difference. While admitting she used the drug, Hall said she resisted temptation to use concoctions that are even more powerful.

“I told him that I didn't want to use Epogen and I didn't want to use baking soda,” she said. “I didn't want to use anything that would tear up my horses. I just wanted something that would give my horses an edge.”

She said she was motivated to use an illegal substance because she was frustrated that she had been beaten so often by trainers she suspected of using drugs, calling harness racing a game of “chemical warfare.”

“It was a stupid thing to do,” she said of using PEDs. “I was not having a lot of luck. I didn't know what I was doing wrong. How do I compete? How do I get better? But, I knew it was wrong and I was breaking the rules.”

(*) News reports during Fishman's trial suggested that the only reason Hall testified against Fishman was that she was granted immunity. She says that is not the case.

“Misinformation came out, that I was there under some deferred prosecution agreement, or I was subpoenaed or in fear of being arrested or indicted. That was never the case,” Hall said. “I wanted to help them. They said they were going to clean up the sport and that this would be good for the horses. They told me that I was doing a really good thing. Yeah, I messed up and I made a mistake, but I didn't realize [Fishman] was as bad as he is. The more I heard about horses dying and XY Jet dying, I started to understand, I started to realize how bad he was.

“Everyone says you shouldn't have talked to them from the beginning, you should have kept your mouth shut. I look at it differently. Someone has to do something. The harness industry is in really bad shape. I wanted to be a part of making things change.”

(*) After the trial, Hall was permitted to racehorses at the Meadowlands by track owner Jeff Gural, who said that banning her would discourage future whistleblowers from coming forward. Gural, however, won't have the last say. Hall said she has met with the New Jersey racing Commission, which told her she is under investigation. She expects she will be sanctioned by the commission and if her license is suspended, she would not be able to race at any track. A lifetime ban is not out of the question.

The potential racing commission ban is one of many problems she has faced since testifying. Her license issued by the United States Trotting Association (USTA) has been revoked and she said she has been the target of several nasty postings on social media calling her, among other things, a “rat.” She says she was not prepared for what was to come and the stress she has been under. She says she would not recommend to anyone in a similar situation that they come forward.

“I don't think I would recommend anyone come forward after what the USTA and the public did to me,” Hall said. “The USTA stripped me of my membership and they didn't want to hear my side. I would definitely think twice about helping if I ever had a chance to do this again.”

(*) Hall got close enough to Fishman that he would tell her some of the details of his operation and the sale of illegal drugs. While Fishman was selling things like vitamins that are legal, he told Hall that many of his clients were buying PEDs.

“He confided in me about some really high-profile people in harness racing who were, let's put in this way, not buying vitamins. He told me what their drug of choice was and it was not a supplement, if you know what I mean.”

Hall declined to disclose the name of the drug or any trainers she believed were buying it from Fishman.

(*) Despite her problems with Fishman, she has never stopped respecting his intellect.

“I think he is absolutely brilliant, but he used his brilliance for bad reasons,” she said. “I don't know why. Maybe he got greedy or he thought he could outsmart people or he was that egotistical and thought that he would never get caught. He used his brilliance to do the wrong things.”

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Need for Eye Surgery Gets Navarro 30-Day Delay in Reporting to Prison

Former trainer Jorge Navarro, who was supposed to report to federal prison for his five-year horse doping sentence Feb. 17, got granted a 30-day extension Thursday because he needs eye surgery.

“While preparing for his impending incarceration, Mr. Navarro had an eye examination which revealed a condition that requires a surgical procedure,” the convicted felon's attorney wrote in a Feb. 3 letter to in United States District Court (Southern District of New York).

“The earliest date that his ophthalmologist could schedule the surgery is Feb. 16, 2022. Mr. Navarro is respectfully requesting a 30-day extension of his surrender date to have the needed surgical procedure and aftercare with his ophthalmologist,” the letter stated.

The letter also stated that federal prosecutors had been advised of the request and did not oppose it.

Navarro's request was granted by the same judge who sentenced him, Mary Kay Vyskocil.

Navarro got the maximum allowable sentence under federal guidelines after pleading guilty to one count in a years-long Thoroughbred drugging conspiracy.

Navarro had admitted that between 2016 and his arrest on Mar. 9, 2020, that “I administered, and, at times, directed [others] working under my direction to administer… drugs to increase performance of racehorses under my custody and care… The drugs [were] blood-building substances, vasodilators, and imported, misbranded bronchodilators, 'bleeder' pills, and SGF-1000,” which is purported to be a customized PED intended to promote tissue repair and increase a horse's endurance.

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Fishman Found Guilty; Faces Up to 20 Years in Prison

Florida veterinarian Dr. Seth Fishman, the first person to face trial in a sweeping horse-doping case that documented the widespread use of illegal and undetectable performance-enhancing drugs at tracks across the country, was convicted in New York Feb. 2 on charges that could put him behind bars for 20 years.

A jury of eight women and four men in U.S. District Court in Manhattan found Fishman, 50, guilty of two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS administered to racehorses by corrupt trainers for money and fame.

U.S. District Judge Mary Kay Vyskocil will sentence Fishman May 5.

Prosecutor Sarah Mortazavi told the judge prosecutors would be seeking to detain Fishman pending sentencing.

The verdict came swiftly. Jurors got the case late Feb. 1 and deliberated for about three hours Tuesday and Wednesday. The trial began with jury selection Jan. 19 and lasted 11 days.

The jury rejected Fishman's defense that his actions were in keeping with his oath as a licensed veterinarian to protect the health and welfare of animals.

“I understand the jury has reached a verdict,” Vyskocil said after the jury filed in the wood-paneled courtroom on the 26th floor of the courthouse.

The jury's foreperson then announced Fishman's guilt on each of the counts.

“I love animals. I love horses,” one of the jurors, Victoria Lopez, a 61-year-old woman from The Bronx, said in an interview following the verdict. “What they were doing wasn't right.”

“The jury's swift conviction of Seth Fishman reflects the overwhelming evidence of his guilt as displayed through this trial,” New York U.S. Attorney Damian Williams said in a release issued from his office. “As an ostensible veterinarian–sworn to the care and protection of animals–Fishman cynically violated his oath in service of corrupt trainers and in the pursuit of profits.”

Williams added, “Through the sale of untested, unsafe, and unstable drugs, Fishman's illegal drug business was a platform for both fraud and animal abuse. Today's conviction appropriately condemns the danger inherent in Fishman's crimes and underscores the seriousness with which this office takes the kind of abuse that Fishman practiced.”

Stuart S. Janney III, chairman of The Jockey Club, also reacted to the verdict.

“I am pleased to see all of the effort and time spent by federal agents, prosecutors, and others who have worked so hard on this case be rewarded with a guilty verdict, and I thank them for their commitment,” Janney said in a statement distributed by TJC. “It is highly encouraging to know that those who cheat and endanger our sport's athletes, both equine and human, face meaningful and life-changing punishments. Clearly, this verdict will serve as a deterrent to others, and it also provides hope for those who want to see true change in the racing industry. This step forward, one of many recently, reflects our steadfast determination towards maintaining the highest levels of integrity and safety for racing's athletes and customers.”

Fishman wasn't in the courtroom when the verdict was announced. Vyskocil hasn't said in open court where he is. A cryptic comment from Fishman's attorney to the judge led to speculation Fishman may be in a hospital.

Fishman had a co-defendant Lisa Giannelli, at the start of the trial. She worked with Fishman for 18 years, and prosecutors accused her of being Fishman's drug distributor. On Jan. 24, Vyskocil declared a mistrial in her case after her attorney tested positive for COVID-19.

Nearly two years ago, Williams' office charged Fishman, six other veterinarians, 11 trainers, and nine others, identified as PED distributors, with conspiring dope horses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

The investigation began in 2018 and was headed by the Federal Bureau of Investigation and criminal investigators with the Food and Drug Administration.

At the time of the indictment, then-New York U.S. Attorney Geoffrey Berman said the case was “the most far-reaching prosecution of racehorse doping in the history of the U.S. Department of Justice.”

At a March 2020 press conference announcing the indictments, FBI New York assistant director in charge William F. Sweeney Jr. said the doping conspiracy risked the health of horses administered PEDs.

“What happened to these horses amounted to nothing less than abuse,” Sweeney said.

Those charged included top trainer Jason Servis, who federal prosecutors say juiced multi-millionaire Maximum Security, the first-place finisher in the 2019 GI Kentucky Derby Presented by Woodford Reserve, who was demoted to 17th by stewards for interference with another horse in the race.

The accused also included Jorge Navarro, who was sentenced to five years in prison last year after pleading guilty to conspiracy. Prosecutors presented evidence at Fishman's trial showing that the trainer paid Fishman tens of thousands of dollars for PEDs, including a substance called BB3 that prosecutors say thickens a horse's blood to make it run faster and farther.

Navarro is one of nine charged individuals who have pled guilty. Two others who were arrested entered into non-prosecution agreements with prosecutors.

The Fishman trial revealed that another of those accused, former harness trainer Ross Cohen, struck a deal with prosecutors to become a cooperating witness.

Servis and several others have pled not guilty and are awaiting trial.

Prosecutors have said in court papers that they are in plea discussions with several defendants without naming them.

The Fishman verdict could have an impact on cases going forward.

The evidence against Fishman included witness testimony, emails and texts, and wiretap recordings that captured Fishman talking about doping horses, and bragging that his drugs wouldn't appear in post-race testing.

Prosecutors also showed the jury thousands of vials of drugs seized from Fishman's Florida company Equestology.

Two of those witnesses were harness trainer Adrienne Hall and Thoroughbred trainer Jamen Davidovich. They testified they administered PEDs to their horses obtained from Fishman. Hall testified under deferred prosecution agreement with the government. Davidovich's testimony came after he was granted immunity.

As part of their case, prosecutors also played for the jury video of Navarro's X Y Jet winning the $2.5 million G1 Dubai Golden Shaheen Sponsored By Gulf News in Dubai in 2019. X Y Jet died of a heart attack a year later, Navarro said in a statement shortly after the incident.

“Thank you boss, [you're] a big part of it,” Navarro said in a text exchange with Fishman just after the 2019 Golden Shaheen.

The Thoroughbred industry's leading publications are working together to cover this key trial.

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