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 Dane's New Jersey Horse Racing license was revoked in March, 2020, two days after the indictments were announced.

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 Dane's New Jersey Horse Racing license was revoked in March, 2020, two days after the indictments were announced.

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Ohio Commission Suspends License Of Trainer Who Admitted To Using PEDs During Fishman Trial

The Ohio State Racing Commission has suspended trainer Jamen Davidovich, reports bloodhorse.com, after his testimony during the federal trial of Dr. Seth Fishman revealed that Davidovich had bought and used performance-enhancing drugs supplied by the veterinarian.

“Jamen right now is going to have a suspended license,” OSRC executive director Chris Dragone told bloodhorse.com. “The stewards are drafting it up right now, and we're going to reach out to him to schedule a hearing, but his license will be suspended, and he'll be put on a 'stop list' as of the end of the day.”

Testifying on Thursday, Jan. 27, under a grant of immunity from Judge Mary Kay Vyskocil, Davidovich said he met Dr. Fishman at a sushi bar in Florida. Asked by prosecutor Anden Chow how the subject of PEDs came up, Davidovich responded: “We were talking about different things to make the horse run better.”

Davidovich said he stopped administering PEDs in 2018 after meeting Dr. Steven Allday.

The trainer raced primarily in Ohio, with 66 winners from 333 overall starters on his record, according to Equibase.

Dragone said a hearing date has not yet been set, but told the TDN Davidovich could face a lifetime ban.

“We haven't seen the transcripts (from the Fishman trial) yet,” Dragone told TDN. “But from everything I have heard and from what he said, this was blatant. This is very serious. This came out of the blue and we had no notice so far as what he was going to say in court. But when he said in court that he drugged horses we had to take action. And it's possible that he may have his license revoked and that he will be ruled off for life.”

Read more at bloodhorse.com and Thoroughbred Daily News.

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Fishman Trial Enters Homestretch

New York federal prosecutors in the horse-doping trial of Dr. Seth Fishman neared the finish line Jan. 28, bringing their case to a close after calling 11 witnesses and presenting evidence from FBI wiretaps.

“At this time the government rests its case,” prosecutor Anden Chow told U.S. District Court Judge Mary Kay Vyskocil on the trial's eighth day.

A short time later, the defense rested their case without calling any witnesses or putting the accused veterinarian on the stand to testify.

Without the jury present in the Manhattan courtroom, Vyskocil told Fishman he had a right to testify, but was under no obligation.

“So, it's your decision not to testify Dr. Fishman?” the judge asked.

“That is correct,” Fishman said.

“And it's your decision alone not to testify?”

“That is correct,” Fishman said.

The conclusion of testimony sets the stage for the next phase of the trial: closing arguments followed by jury deliberations after the judge issues instructions on the law. Eight women and four men comprise the jury.

Vyskocil told both sides that summations would commence Jan. 31.

Fishman, 50, was one of 27 horse racing insiders arrested in March 2020 in the biggest horse doping bust in U.S. history. Those charged included two prominent trainers, Jason Servis, who is awaiting trial, and Jorge Navarro, who pleaded guilty and was sentenced to five years in prison. Fishman is the first to go to trial in the case.

Prosecutors have accused Fishman of manufacturing illegal performance-enhancing drugs that harness and Thoroughbred trainers, including Navarro, administered to their horses to win lucrative purses and enhance their reputation. Prosecutors say those charged acted without regard to horse welfare, risking breakdowns and death.

Prosecutors allege that Fishman was especially sought after because he claimed that his products wouldn't appear in customary post-race testing.

Fishman is charged with two counts of conspiring to violate adulteration and misbranding laws. If convicted, he faces a maximum of 15 years in prison.

He went on trial Jan. 19 with Lisa Giannelli, who worked with him for 18 years. Vyskocil granted her a mistrial after her lawyer tested positive for COVID-19 Jan. 24.

Fishman contends that he carried out the accused activities in the good faith belief that he was practicing veterinary medicine.

On Friday, prosecutors set up a table in front of the jury box with dozens of boxes and bins containing vials of substances worth tens of thousands of dollars, seized at the time of Fishman's initial arrest in 2019. Prosecutors say the vials contained PEDs.

Additionally, Federal Bureau of Investigation agent Jarrett Concannon testified that during a search of Fishman's business in South Florida last month, he took photos of the same products stored on shelves.

Prosecutors say the search showed Fishman was in possession of PEDs in violation of his bail conditions.

The government's witnesses were a varied assortment. They included a woman who worked for Fishman and his Equestology business in South Florida for five years and testified after agreeing to a non-prosecution agreement with prosecutors.

They also included Ross Cohen, a defendant in March 2020 indictments. He agreed to flip as part of a cooperation deal with the feds.

Also testifying were two current trainers, Adrienne Hall who has small stable of harness horses in Florida, and Jamen Davidovich, who ran principally in Ohio in 2021 and has a start this year in New York.

Each testified Fishman supplied them with PEDs for their horses after reaching out to the veterinarian a few years ago.

Jurors also heard testimony from three FBI agents and two experts in veterinary medicine.

As part of their case, prosecutors played excerpts from more than two dozen wiretaps that captured Fishman discussing horse doping and bragging that his products weren't “testable.”

“Don't kid yourself,” Fishman is heard saying to an unidentified male individual on the other end of the line in a wiretap from Apr. 15, 2019. “If you're giving something to a horse to make it better, and you're not supposed to do that, that's doping. You know, whether or not it's testable that's another story.”

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

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