The Week in Review: Time to Bring the Hammer Down on The Juice Man

The Jorge Navarro case was back in the news last week as lawyers representing the federal government submitted a sentencing letter regarding the disgraced trainer to Judge Mary Kay Vyskocil. They recommended that Navarro get the maximum allowable sentence for doping racehorses under his care, five years. He will be sentenced Friday.

The government lawyers did their job and they did it well, and they want no mercy for the Juice Man. Read the sentencing letter and the first conclusion you will come to is probably the same one I had–that five years is not nearly enough.

We already knew what Navarro was doing. He was pumping every toxic chemical he could find into every horse he had, all in an effort to win more races and collect more purse money, never once concerned about the welfare of the animal.

“Jorge Navarro's case reflects failings, greed, and corruption at virtually every level of the world of professional horse racing. For money and fame, corrupt trainers went to increasing extremes to dope horses under their care,” the filing begins.

It continues: “Navarro's aggressive pursuit of PEDs–and his eagerness to use racehorses under his care to test the potency of novel PEDs–displayed a particularly callous disregard for the well-being of the horses under his care and control.”

What we didn't know until the latest court filing was released was just how brazen and unrepentant he was. It may not seem possible, but Navarro's core was even more rotten than we had thought.

The government maintains that Navarro “considered his prolific doping campaign a badge of honor.” How else do you explain why he owned a pair of shoes emblazoned across the front with the words “#JUICE MAN.”? Or that in 2018 he sent a text to trainer Marcos Zulueta that included pictures of monkeys, rockets, syringes, horses and pills, apparently a reference to a drug he was using called “monkey.” The pictures were proceeded by the words “Te encanta,” Spanish for “You love it.” Or that he received via text a GIF from an unnamed associate that showed a syringe loaded with money?

“The intensity of Navarro's doping was matched by his apparent glee in this illicit conduct,” the government writes.

The government also wants Navarro to pay $25.8 million in restitution to those he cheated out of purse money. It's not clear how they came up with that number or who exactly is entitled to the money. It's also highly unlikely that Navarro has $25.8 million, or anywhere close to that. So this part of his punishment may not go anywhere, but it's good to see that the government is also going after whatever money he has.

Then there was the prediction from Navarro's lawyer in a filing that the trainer will most likely be deported to his native Panama after serving his sentence. Good riddance.

Earlier this month, in a pre-sentencing report of their own, Navarro's defense team asked the judge to limit his sentence to 3 1/2 years. In doing so, they painted a much different picture of their client. They say he loved his horses and that his insatiable desire to win tainted his judgment.

Their filing included statement from several individuals who vouched for his character. One came from veterinarian Joel Lugo, who recalled Navarro's reaction to the death of star sprinter XY Jet (Kantharos). The horse died in January, 2020 from what Navarro said was a heart attack.

“I remember the day when XY Jet passed away,” Lugo wrote. “Jorge called me crying to tell me directly the news. I know Navarro was devastated because he truly loved XY Jet.”

Jockey Jose Ferrer wrote of Navarro that he “admired his hard work ethic and love for both the sport and the animal.”

Such sentiments are laughable. Anyone who can do to these animals what Navarro did does not love their horses. Navarro abused his horses.

“These are among some of the factors that put the lie to Navarro's submission and his multiple letters of support quoted in and appended to Navarro's sentencing submission, in which third parties claim that Navarro made decisions for the health and well-being of his horses,” the government wrote. “That notion simply does not comport with the hundreds of conversations wherein Navarro sought PEDs to use on his horses, discussed administering novel PEDs on his horses, pushed horses in poor physical shape to compete, and displayed indifference at the physical ramifications of administering PEDs to horses.”

One can only hope that Vyskocil agrees. Send him to prison for five years. Deport him. Take away his money. It's time for the Juice Man to get what he deserves.

And What About Navarro's Owners?

The government's sentencing letter includes a recapping of a conversation with the owner of a horse named Nanoosh (Paytner). The unnamed owner and Navarro discuss the horse's recent poor form and the owner asks him if he was “giving them [Nanoosh] all the shit?” The owner also asked Navarro, “Is this horse jacked out? Is he on fucking pills or what or are we just fucking -,” Navarro responded, “Everything…he gets everything.”

The same exchange was also referred to 21 months ago when Navarro was originally indicted. According to Equibase, the horse was owned by the partnership of Rockingham Ranch, Zayat Stables LL and David A. Bernsen LLC. Rockingham Ranch and Bernsen are still active owners. Zayat, due to problems unrelated to Nanoosh, is not active in the sport.

Doesn't anyone in the sport want to get to the bottom of this? It can't be that hard to find out who the owner was that had the discussion with Navarro. Once the name is revealed, that person should be barred from the sport immediately and permanently.

The Remsen Fiasco

Protests seeking to overrule stewards' decisions usually don't get very far, but the case of this year's GII Remsen S. is one where the New York Gaming Commission should absolutely reverse the order of finish. The Aqueduct stewards got this one wrong.

The race came down to Mo Donegal (Uncle Mo) and Zandon (Upstart), who were noses apart as they headed toward the wire. Aboard race winner Mo Donegal, jockey Irad Ortiz, Jr. appeared to go out of his way to intimidate his rival. The two bumped near the wire with, according to the Equibase chart, Ortiz throwing “repeated exaggerated crosses with the left rein near the face of the runner-up…”It got so bad that Ortiz appeared to strike Zandon with his elbow.

Mo Donegal won by a nose.

Zandon's owner Jeff Drown filed his protest last week and maintained that his horse would have won if not for Ortiz's antics. He's not wrong.

It's not just that the stewards blew this decision. That it involved Ortiz was not a surprise. A day earlier, riding a horse named Gran Casique (Algorithms), he dropped another rider when, down the backstretch, he came over several paths on his way to trying to maintain a position on the rail. For that ride, he was hit with a 30-day careless riding suspension.

For months, Ortiz's critics have been calling him out for his overly aggressive riding style and, in particular, his penchant for herding other horses and riders. Yet, until the Gran Casique race, the NYRA stewards had more or less looked the other way. That appeared to embolden Ortiz.

Yes, the stewards did the right thing when they gave Ortiz the 30-day suspension. But they reverted to form in the Remsen. They didn't take Mo Donegal down and they didn't suspend or fine Ortiz for his ride. Once again, when it came to Ortiz, the wrong message was sent.

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Government Recommends Three Years for Rhein

The government has recommended a three-year prison sentence for Kristian Rhein, the veterinarian embroiled in the MediVet Equine practice that marketed and sold “an adulterated and misbranded performance-enhancing drug,” they revealed in papers filed Wednesday in U.S. District Court.

Rhein was one of 27 people charged in a widespread doping scheme of Thoroughbred racehorses on Mar. 9, 2020 that included trainers Jason Servis and Jorge Navarro.

United States Attorney Damian Williams, in papers filed with Judge Mary Kay Vyskocil in her court in the Southern District of New York, wrote, “The parties' stipulated Guidelines sentence is the statutory maximum sentence of 36 months' imprisonment. In light of the Section 3553(a) factors discussed below, that is the appropriate sentence in this case, and one necessary to serve the goals of sentencing. The Government respectfully submits that the stipulated Guidelines sentence of thirty-six months' imprisonment is sufficient, but not greater than necessary, to serve the legitimate purposes of sentencing set forth in Title 18, United States Code, Section 3553(a).”

Williams's sentencing recommendation sums up their case again Rhein as such: “Rhein, a licensed racetrack veterinarian who predominantly catered to racehorse trainers exploited the deference typically offered to licensed veterinarians in order to peddle SGF-1000-in which he held a financial interest-which was not approved by the Food and Drug Administration (“FDA”) or created pursuant to “good manufacturing practices,” and the administration of which did not comply with applicable racing rules. Rhein actively marketed, sold, and administered SGF-1000 for the non-medical purpose of illicitly improving racehorse performance. That is, Rhein doped horses in an effort to scam others through a prolific fraud. Rhein, through his veterinary practice, further illegally distributed the prescription drug clenbuterol, providing it to trainers in bulk to administer to their horses, without issuing valid prescriptions for that drug, or otherwise  administering that drug due to a medical need.”

The submission further states that “Rhein and his co-conspirators did not know the precise chemical contents of SGF-1000, yet marketed the product as one containing growth factors, and believed that, irrespective of its contents, it would enhance a horse's performance and be untestable on standard drug tests.”

Rhein has agreed to forfeit a total of $1,021,800, $671,800 of which is due at or before the time of sentencing, which represents the value of the distributed drugs. He has also agreed to pay restitution to other “victims of the offense,” the filing reads, in the amount of $729,716, the total amount of payments he received from owners by concealing his billing for the drugs by billing for acupuncture, among other things. Williams writes that the Government intends to submit a proposed restitution order and a schedule of victims at or before Rhein's sentencing.

Williams's submission details Rhein's attempts to conceal his activities from doping controls.

He writes, “Notably, beginning at least in June 2019, Rhein grew concerned regarding mounting regulatory scrutiny of SGF-1000, and shared this concern with others at MediVet. On June 5, 2019, Jason Servis informed Rhein that Maximum Security had received a dose of SGF-1000 shortly before an unannounced drug test, and Rhein quickly reassured Servis that the drug would not test positive. Rhein stated to Servis: `Yeah no no no the Jockey Club tested it and I met the guy who tested it way back when. It comes back as collagen. They don't even have a test for it. . . . [I]'ve had at least three different times it's been tested on horses that I have it the day before and nothing. Not a word. . . . There's no test for it in America. There's no testing. There's nothing. There's nothing you did that would test.' Rhein—despite not knowing the precise contents of SGF-1000 at that time—nonetheless assuaged Servis's concerns, not by saying SGF-1000 was legal or permissible (which it was not), but by saying SGF-1000 would not be detectable on a drug test. In Rhein's mind, it was immaterial whether he was following the letter of the racing rules or the law, because he believed neither he nor his customers would ever get caught. The following day, Rhein and Servis resumed their discussions of SGF-1000, and Rhein noted his belief that `somebody squealed' regarding his use of that drug.”

As the scrutiny from authorities became greater, Williams writes, “Rather than cease sales of SGF-1000 in the face of this scrutiny, approximately one week after others at MediVet sounded the alarm regarding potential federal charges, Rhein discussed with Kegley how they could tweak the labeling of SGF-1000, so as to make it appear innocuous. Rhein specifically related his suggestion: 'we gotta think of re-branding if it goes sideways.' Rhein brainstormed calling SGF-1000 by a new name: “What was the (expletive deleted) name that somebody told me? It was a good name. It was kinda cheesy, but (expletive deleted) it was a good, it was a one-word name, like . . . you know like . . . like Encore, something like that. . . . Repair . . . RepairRx. Like Repair Treatment . . . And what you do is you just say it's a preventative. It's preventative.” Despite the fact that SGF-1000 is an injectable drug whose precise contents were then-unknown to Rhein, Rhein agreed with Kegley that it should be described as a `dietary supplement for equine.'”

After Rhein learned in 2019 that Servis had been approached by law enforcement, and after the New York Gaming Commission specifically banned it, MediVet representatives provided information to the Racehorse Medication Testing Consortium (RMTC) which did not report the positive findings for low levels of ace promazine and other drugs. “While Rhein was grappling with the existential threats to his sales of SGF-1000, he continued his equally illicit practice of distributing prescription clenbuterol to trainers without issuing valid prescriptions, and concealed that conduct by issuing fraudulent bills concealing costs of clenbuterol that were paid by racehorse owners,” Williams writes.

Rhein pleaded guilty on Aug. 3, 2021. No date for sentencing has been set.

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Harness Trainer Christopher Oakes Pleads Guilty

Disgraced harness trainer Christopher Oakes, who had close ties to Jorge Navarro, changed his plea to guilty Tuesday when appearing before federal judge Mary Kay Vyskocil via teleconference. In doing so, Oakes became the 10th person among the original 27 indicted in March 2020 for their role in a widespread scheme to use performance-enhancing drugs on Thoroughbreds and Standardbreds to enter a guilty plea.

Oakes, 57, pled guilty to one count of misbranding and drug adulteration with intent to defraud or deceive and faces up to three years in prison. He will be sentenced Feb. 17.

When asked by Vyskocil what he had done that made him guilty to the crimes he has been charged with, Oakes replied, “I purchased medications from Dr. Seth Fishman and Dr. Gregor Skelton and his assistant Ross Cohen and administered the medications to the horses in my care to gain an unfair advantage.”

Fishman, Skelton and Cohen are drug distributors also among the 27 indicted last year

Vyskocil went on to ask Oakes if he raced in New York. Oakes replied that he raced at Yonkers Raceway and admitted that he used the drugs on his horses that raced there.

Vyskocil then asked Oakes why he gave the drugs to his horses. He answered, “To try to get an advantage and, hopefully, things would do better.”

Oakes said the doping routine he had described began in early 2019 and concluded with his arrest in March, 2020.

According to the original indictment, Oakes played a central role in the doping of the Navarro-trained top sprinter X Y Jet (Kantharos), who died in January, 2020 under suspicious circumstances. The evidence against Oakes included conversations allegedly captured on wiretaps between Navarro and Oakes in which Oakes promises to supply Navarro with PEDs.

Oakes allegedly supplied Navarro with PEDs that were given to X Y Jet, including a “blocker” PED. On Feb. 13, 2019, the same day X Y Jet won an allowance race at Gulfstream, Navarro instructed Oakes to enter the Gulfstream backstretch to administer PEDs to the sprinter.

“Drive through,” Navarro allegedly told Oakes. “If anything, if they stop you. You are an owner and you come to Navarro's barn.”

The government also charged that Oakes “created and manufactured his own customized misbranded and adulterated PEDs known as an undetectable 'drench' that would rapidly increase a racehorse's performance during a race.” Oakes went on to tell Navarro “zero chance you get caught.”

According to the indictment, on March 14, 2019, law enforcement officers found multiple adulterated and misbranded drugs in Oakes' barn in Pennsylvania, including PEDs supplied by Fishman and Skelton. They also found pre-filled unlabeled syringes.

Oakes owned a handful of Thoroughbreds before his arrest and won 14 races. His horses were trained by Navarro. Oakes was a prominent harness trainer with 1,875 career wins. He was among several harness horsemen banned at the Meadowlands by owner Jeff Gural.

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Change of Plea Hearing Scheduled for Jordan Fishman

A Change of Plea Hearing for Jordan Fishman, a defendant in the federal doping conspiracy case USA vs. Navarro, was entered into the record Wednesday by Judge Mary Kay Vyskocil in United States District Court, Southern District of New York. The hearing has been scheduled for October 6, 2021 at 4:30 p.m. Jordan Fishman is charged with drug adulteration and misbranding conspiracy.

The request for the hearing likely indicates Fishman's desire to change his plea from not guilty to guilty, following similar change of pleas from Navarro, veterinarian Kristian Rhein, and drug distributor Michael Kegley Jr., all of whom initially pled not guilty in the case.

Jordan Fishman is charged by the government of the “illicit manufacture and distribution of PEDs…to Seth Fishman's specifications.”

“From at least in or about 2002 through at least in or about March 2020, Seth Fishman, Lisa Giannelli, Jordan Fishman, and Rick Dane, Jr., the defendants, and others known and unknown,
engaged in a corrupt scheme to create, manufacture, and distribute adulterated and misbranded PEDs to racehorse trainers and others in a systematic effort to improve race performance of racehorses, and obtain prize money as a result,” reads the indictment. “The defendants, created, marketed, and distributed a variety of PEDs, which were manufactured in an unregistered
facility, mislabeled, and/or administered with no valid prescription.”

In May, Vyskocil was emphatic about wanting to begin trials in the fourth quarter of 2021 for the first of four groupings of 14 defendants in the case, and later set a Nov. 15 start date for the trial of Seth Fishman, Lisa Giannelli and Jordan Fishman.

But during a Sept. 15 status conference, that schedule got reset to January 2022 for those defendants.

 

 

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