Mary Kay Vyskocil | Horse Racing Free Tips

Feds: Servis Even Lied About Maximum Security To Colt’s Owners

Six days before he is to be sentenced as the final–and most notoriously prominent–defendant in the 2020 racehorse doping conspiracy scandal, the barred trainer Jason Servis was described by federal prosecutors in court documents as a person who “lied, repeatedly, and persisted in his illegal conduct even when confronted with irrefutable proof that his conduct was dishonest and violated racing rules.”

Culled from a trove of wiretapped surveillance (that would have been used against him at trial had he not pleaded guilty last December as part of a plea bargain) was a newly released transcript used by prosecutors as part of their July 20 sentencing submission to underscore that Servis even “lied to Maximum Security's owner prior to the Saudi Cup” by falsely claiming the colt had never been administered any purportedly performance-enhancing substances.

Just nine days after winning that $20 million Saudi Cup in 2020, Servis was one of 31 horsemen, veterinarians, and pharmaceutical suppliers arrested and charged in a series of coordinated law enforcement sweeps. Most of them have long since pleaded guilty or been convicted at trial and are now serving their sentences.

Prosecutors had alleged (and other convicted conspirators had admitted their roles in) Servis's administration of the substance SGF-1000 to Maximum Security during the first half of 2019, when the colt improbably rose from being a $16,000 maiden-claimer to a multiple Grade I winner and the 3-year-old champion colt.

The feds cited a series of emails from December 2019 that juxtaposed how Maximum Security's owner/breeder partnership of Gary and Mary West wanted to exercise the utmost of veterinary caution two months prior to running in the Saudi Cup, while Servis had apparently not disclosed to them that he and Maximum Security had already been the targets of investigations initiated by gaming commission regulators and the state police in New York.

The exact name of the person who sent a Dec. 17, 2019, email to Servis is redacted in the exhibit documentation, but the July 20 sentencing submission identifies the sender as Maximum Security's “owner” without specifying which of the Wests it was.

The email chain started with the owner cautioning Servis that “over there” [in Saudi Arabia] “they might consider a sugar cube illegal.” The owner then stated that “if you need any help figuring out their rules I will gladly pay for you to get whatever advice you need.”

Servis then replied, “Sounds good…just an FYI Max has never been on anything out of the ordinary.”

The owner then wrote back, “Jason, consult whoever you need to consult to be 100% certain we don't have any kind of accidental drug violation. If you have to feed Max just hay and organic carrots for a month before the race, do that too!!! I would feel horrible to win a life changing race like this for everyone only to find out we didn't do something right because we didn't know. I will gladly pay for any reasonable consulting work we need to have done to be sure we are 'squeaky clean' for the race.”

Maximum Security won the Saudi Cup. But after Servis's drug conspiracy arrest, the $10-million winning share was withheld.

The Wests initially disputed the purse hold-up, but after Servis pleaded guilty in December 2022, they released a joint statement that said, “Now that Jason Servis has entered a guilty plea, we want to make it clear that if the Saudi Cup decides to redistribute the purse, we would support that decision. Hopefully, that action will prevent future conduct of this nature. We believe the decision to take the Saudi Cup purse from Maximum Security and redistribute it is the correct one.” (As of Thursday, Maximum Security's race record on Equibase still lists him as the 2020 Saudi Cup winner.)

The prosecution's pre-sentence report stated that Maximum Security “was among the many horses in Servis's barn to receive SGF-1000: an unapproved, untested, misbranded and adulterated drug that Servis and his co-conspirators covertly used on racehorses believing it would improve their performance.”

In his own pre-sentencing submission filed with the court July 13, Servis attempted to explain away his use of SGF-1000 and other drugs by claiming he was misled by his veterinarians, a point that the government rebutted in its own court submission.

“He was under no illusions that his conduct was permissible. He was neither deceived nor manipulated,” the feds wrote.

The prosecution continued, at a different point in the submission: “The quality of Servis's acceptance of responsibility is a factor that this Court should consider in weighing the appropriate sentence. While Servis states that he accepts responsibility for his crimes and claims to display remorse, significant aspects of his submission appear aimed at contesting facts related to his guilt, casting doubt on the extent and sincerity of his contrition….

“Licensed trainers are accountable under state racing rules for the illicit doping of racehorses specifically to ensure that trainers are vigilant and liable for illicit conduct,” the feds sated. “That rule also ensures that trainers are responsible for the well-being of the horses they are meant to protect. Servis abdicated that responsibility again and again.

“Servis sought to hide his actions. And Servis enabled others who sought to hide those crimes as well. Servis ignored clear evidence of the criminality of what he was doing and continued his illicit use of adulterated and misbranded drugs up until his arrest.

“Between 2016 and March 2020, Servis abused approved and unapproved bronchodilators, namely, Clenbuterol and an unapproved, compounded version of Clenbuterol sourced from fellow [now-imprisoned] trainer Jorge Navarro.

“The abuse of those drugs for purposes of enhancing his horses' race performance was illicit and risked the health of the horses under his care. Servis' actions and words–when he did not think he was being watched and overheard–demonstrate his knowledge that his conduct was wrong.”

Prior to his plea deal, Servis had been scheduled to go to trial on two felony counts: Conspiracy to misbrand and adulterate performance-enhancing drugs, and conspiracy to commit mail and wire fraud. He would have faced 25 years in prison on those two counts if convicted.

As part of a negotiated plea deal with the government eight months ago, he instead pleaded guilty to a felony charge of misbranding and adulterating a chemical substance (described by prosecutors as similar to the bronchodilator clenbuterol, but stronger), and to a misdemeanor of misbranding and adulterating (for the SGF-1000).

Servis, 66, now faces four years in prison when he is sentenced next Wednesday by Judge Mary Kay Vyskocil of United States District Court (Southern District of New York).

Servis's sentencing submission asked for a sentence “significantly below” those federal guidelines.

Prosecutors, by contrast, requested a sentence “greater than” the three years imposed on convicted veterinarian and SGF-1000 supplier Kristian Rhein, “though below the Guidelines Sentence of 48 months' imprisonment.”

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Surick Gets 62 Months in Doping Sentence

NEW YORK–Standardbred trainer Nick Surick, who has admitted to doping his own horses as well as assisting Jorge Navarro in that trainer's own doping scheme, was sentenced to 62 months in federal prison Thursday by U. S. District Judge Mary Kay Vyskocil in United States District Court, Southern District of New York in lower Manhattan.

Among the many defendants in the doping case that have come before Vyskocil, it was one of the longest sentences handed out and two months longer than the 60 months she gave Navarro. Navarro has been called Surick's “doping mentor.” The longest sentence she has handed down was the 11 years she gave veterinarian and drug supplier Dr. Seth Fishman.

“I consider your conduct to be very serious,” Vyskocil told Surick at the sentencing. “By giving horses performance-enhancing drugs, you endangered the horses, and the other horses they raced against, as well as the jockeys and drivers. You're supposed to be caring for horses that you trained, yet you risked their lives and impugned the integrity of the sport in which you made your livelihood.”

Surick had pled guilty to two counts of drug adulteration and misbranding and one count of obstruction

The sentence came despite Surick's efforts to cooperate with the government. In hopes of a lighter sentence, the trainer had given the government information on others who were indicted as well as individuals who had not been indicted. But the government felt it could not use the information because Surick had incorrectly maintained that co-defendant Dr. Rebecca Linke had injected a horse he trained named Northern Virgin with EPO. Linke was able to prove that she did not inject the horse.

Surick's credibility came into question because of the false accusations against Linke and prosecutors decided they could not use his testimony against others. Surick said he did not lie about Linke and rather had problems remembering all the details of the incident. The government accepted that Surick may have been telling the truth about Linke and simply mixed up some details.

The government was willing to accept a lighter sentence because the trainer had attempted to assist prosecutors in his case. In a pre-sentencing submission, the government said Surick's sentence should be less than the 72 months recommended by the U.S. Probation Parole Office, but did not specify what length of suspension it felt was appropriate.

While showing a willingness to sign off on a sentence of less than 72 months, Assistant United States Attorney Sarah Mortazavi asked the court not to go too easy on the defendant.

“We do believe that a significant term of imprisonment is warranted here,” she said. “That he attempted to assist us must be weighed against the seriousness of his crimes and that he stood at the top of a conspiracy.”

Citing Surick's efforts to cooperate, his attorney, Timothy Donohue, asked for no prison time and for his client to receive only 12 months of home confinement.

Vyskocil wasn't having any of it.

“Home confinement is not realistic and I hope you did not give Mr. Surick false and unrealistic hopes considering how serious this offense is,” the judge said, chastising Donohue.

Vyskocil said she took Surick's attempts to cooperate into account, but it wasn't enough for her to show him much leniency.

“I have considered your efforts to cooperate and whether or not they warrant a variance in your sentence,” Vyskockil said. “But you provided information that turned out to be misleading. Having weighed your cooperation, the sentence will be well below the sentencing guidelines, but I cannot and will not impose a non-custodial sentence.”

Surick addressed the court and apologized for his actions and said he was working on “turning the page.”

“I am truly sorry for the crimes that I have committed,” he said. “I can't blame anybody but myself. I hurt the sport I love. I owe an apology to the public. They were misled and betting on a product that was not true. I can honestly say that this arrest changed my life. I only knew one thing in life–training horses. I backed myself into a corner and got caught up in the crazy competition to be the best.”

The incidents involving Northern Virgin came up frequently during the sentencing hearing. After the horse was doped, Surick became aware that investigators from the New Jersey Racing Commission were attempting to test the horse. Knowing that if they did test the horse he would be subject to severe penalties, Surick went to great lengths to hide the Standardbred and shipped him out of state. The way he handled Northern Virgin is what led to the obstruction charge.

“Only Mr. Surick was charged with obstruction,” Vyskocil said. “Mr. Navarro was not. It was Mr. Surick's horse and his terrible decision to do what he did with the horse. He moved the horse to other states and went to lengths to hide him.”

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Jason Servis To Change Plea; Hearing Set for Friday

Trainer Jason Servis has been granted a change-of-plea hearing, which will be held Friday at 11 a.m. before Judge Mary Kay Vyskocil of United States District Court (Southern District of New York)., in which he is expected to plead guilty for his role in the highly publicized racehorse doping scandal.

Originally indicted in March of 2020, Servis represents the last domino to fall in the doping scandal that also involved trainer Jorge Navarro and more than two dozen others and sent shockwaves through the industry. Servis had appeared ready to fight the charges in court and had hired a high-profile attorney in Rita Glavin, who represented former New York Governor Andrew Cuomo when he faced allegations of sexual harassment. Servis's trial had been set to begin Jan. 9.

It was revealed last week that Servis and his attorney had begun the process of negotiating with prosecutors when a request was filed to the court asking for additional time to file motions prior to Servis's scheduled court date.

“The Government and counsel for defendant Jason Servis are currently in discussions regarding a potential pre-trial disposition, which may obviate the need for trial,” wrote United States Attorney Damian Williams in his letter to the court.

Servis was originally charged with three counts of felony drug misbranding. Some eight months after the original indictment was released, the charge of mail and wire fraud conspiracy was added in a superceding indictment. The maximum sentence under federal guidelines for that charge is 20 years.

It won't be known until Friday's hearing what charges Servis will plead guilty to. Like Servis, Navarro entered into a plea agreement with the government, pleading guilty to one count of conspiracy to commit drug adulteration or misbranding. He was sentenced to five years in prison. Unlike Servis, Navarro was never charged with conspiracy, which could mean that Servis will face more than five years.

In a related development, Alexander Chan, a veterinarian who had worked for Servis and was scheduled to be tried alongside the barred trainer in January, also changed his plea and plead guilty to one felony count of conspiracy to commit drug misbranding or adulteration. He will be sentenced April 13. Chan had also been facing three felony charges related to drug adulteration, misbranding, along with wire fraud conspiracies.

That Servis might be acquitted at trail always seemed like a longshot. The federal government had compiled numerous intercepted phone conversations between Servis and others in which he discussed his doping routines with Chan, Navarro and another vet, Kristian Rhein. When Rhein pled guilty in August of 2020 he implicated Servis. Rhein was sentenced to three years.

Servis's performance-enhancing drug of choice was allegedly SGF-1000, purported to be a performance-enhancing drug intended to promote tissue repair and increase a racehorse's stamina and endurance beyond its natural capability. The government charged that Servis administered SGF-1000 to “virtually all of the racehorses under his control.” The list includes Maximum Security (New Year's Day), who was first under the wire in the 2019 GI Kentucky Derby before being disqualified for interference.

The evidence included a conversation between Servis and Navarro in which Servis recommended SGF-1000 to his fellow trainer and said, “I've been using it on almost everything.”

In the original indictment it was charged that Servis and his co-conspirators “concealed the administration of PEDs from federal and state government agencies, racing officials, and the betting public by, among other things, concealing and covertly transporting PEDs between barns where Servis's racehorse were stabled, falsifying veterinary bills to conceal the administration of SGF-1000, and using fake prescriptions.”

Servis's sentencing may be the final chapter in a scandal that has hovered over the industry for nearly three years. With Chan having changed his plea and Servis about to do the same, the cases covering all the individuals originally indicted will have been adjudicated. Every person involved will have either pled guilty or been convicted in court.

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Seth Fishman Sentenced to 11 Years in Prison

Dr. Seth Fishman, the Florida veterinarian snared in the federal government's sweeping horse doping investigation, was sentenced Monday to an 11-year prison sentence in the U.S. District Court for the Southern District of New York.

The sentence is the longest meted out in the case that led to charges against 31 individuals, including prominent trainers Jorge Navarro and Jason Servis. Fishman is the 11th to be sentenced, which includes Navarro. Most of the others have pleaded guilty and await sentencing. Servis faces trial next year.

Fishman, who has been behind bars since his conviction five months ago on two counts of conspiracy to commit drug adulteration and misbranding, appeared in court in prison garb and addressed the court before being sentenced. Prosecutors say that over 20 years, Fishman supplied illegal performance-enhancing drugs to hundreds of trainers, including Navarro, who pleaded guilty last year and was sentenced to five years in prison.

“I really have to apologize for what I did,” the 51-year veterinarian said. “There's no excuse for my behavior.”

In a rare admission, Fishman conceded violating the law and conspiring with others.

“I should have never pushed the envelope and helped trainers,” he said.

He told Judge Mary Kay Vyskocil he now lacked any desire to “practice medicine” on animals.

“I have no desire to make another substance for a racehorse again,” Fishman said as his family looked on from the gallery.

Fishman concluded his brief remarks by telling the judge that whatever sentence she imposed, “10, 15, or 20 years, I just want to be a better person.”

He showed no emotion as the sentence was handed down.

In addition to his prison time, the veterinarian will be held jointly responsible for $25 million in restitution along with Navarro and other co-conspirators.

The restitution represents Navarro's total purse winnings during from 2016 to 2020.

In addition, Fishman must forfeit $13.5 million, which is what he earned from his business of manufacturing and distributing his performance-enhancing substances which prosecutors say were designed to evade detection in post-race testing.

His sentence also includes a $250,000 fine. Prosecutors introduced evidence showing that Fishman's business earned millions of dollars a year.

Vyskocil told Fishman his actions misled racing regulators and drug regulators, as well as others.

“You misled competitors of your clients and the betting public,” she said.

She told him that as a veterinarian, “you enjoyed a special position of trust and you abused that trust.”

The judge said the PEDs Fishman manufactured were harmful to racehorses because they were designed to push them beyond their natural abilities.

She said that in addition to putting at risk horses that were doped with his PEDs, Fishman put at risk the other horses who ran in the race and jockeys who rode those horses and could have been hurt if a horse broke down.

She noted that Navarro paid Fishman credit in a text after winning the 2019 $2-million G1 Dubai Golden Shaheen at Meydan Racecourse with X Y Jet and that the horse died less than a year later.

“To say there was no risk to horses is just not accurate,” she said.

Vyskocil told Fishman that his motive was greed and that, up until the sentencing, there had been a complete lack of remorse on his part.

Vyskocil said an 11-year sentence was warranted given the sentences of other defendants.

She also said she hoped it would act as a general deterrence.

“I know this case has been followed extensively in the racing industry. It is my hope that the sentence acts as a general deterrent to those who might be engaging in the same scourge of criminality.”

Prosecutors had recommended a sentence of 10 to 17 1/2 years. Fishman faced a maximum of 20 years in prison under federal sentencing guidelines.

Prosecutor Sarah Mortazavi told Vyskocil that a significant sentence was warranted given that Fishman had shipped his illegal PEDs all over the country to hundreds of trainers.

“It was all designed to help a competitor get an illegal edge,” she said.

During her remarks, Mortazavi said Fishman's claims at trial that as a veterinarian he cared about animals was a “self-serving myth.”
Fishman attorney Maurice Sercarz appealed to the judge for a sentence of less than 10 years.

He said Fishman should be given leniency because of his client's psychiatric disabilities, which he said were “substantial.” He added that Fishman suffers from acute anxiety, depression and had been diagnosed with a bipolar disorder.

Fishman missed the last two days of his trial after being admitted to a psychiatric hospital.

The proceeding ended with Vyskocil telling Fishman that she heard what he said about wanting to be a better person.

“Hopefully you'll be getting well,” she said. “You do have some demons.”

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