Trainer Tannuzzo Gets 27-Month Prison Sentence in Doping Case

The barred Thoroughbred trainer Michael Tannuzzo, 50, was sentenced to 27 months in a federal prison on Monday as part of plea agreement in which he had previously copped guilty to one felony count of drug adulteration and misbranding with the intent to defraud or mislead.

Tannuzzo, a native of Brooklyn and Queens who had 11 horses racing at Aqueduct at the time of his Mar. 9, 2020, arrest, made headlines 24 hours later by steadfastly declaring his innocence and maintaining that the New York State Gaming Commission shouldn't have suspended his license after learning he had been booked by the feds on felony charges related to equine drugging conspiracies.

Tannuzzo told Daily Racing Form at that time that he was being targeted because his “best friend” was the trainer and high-profile defendant Jorge Navarro. His conspiracy charges were related to Tannuzzo picking up a package of a purported performance-enhancing drugs (PEDs) from Navarro's residence and delivering it to him at Monmouth Park. Tannuzzo said that equated to “guilt by association.”

But since Tannuzzo made those initial statements in the press nearly three years ago, Navarro has long since admitted to doping his horses, changed his own plea to guilty, and is currently serving a five-year prison sentence.

Tannuzzo was also ordered to pay $15,893, representing the value of “forfeitable property,” or the drugs in this case.

The Blood-Horse first reported Tannuzzo's prison sentence, citing a source who was present in the courtroom. The online docket for this case was not updated prior to deadline for this story, which is not unusual for court actions that occur late in the afternoon.

According to a sentencing submission filed by prosecutors, Tannuzzo “distributed, procured, and administered PEDs to dope racehorses and corruptly improve their race performance. Tannuzzo collaborated with convicted co-defendant Jorge Navarro in furtherance of Navarro's doping program.

“Not content to assist, Tannuzzo personally procured PEDs from multiple sources to administer to horses he controlled. Tannuzzo was involved in the offense conduct for approximately one year. In that time, Tannuzzo engaged in repeated efforts to dope horses under his care. Tannuzzo also displayed deep knowledge of the extent of Navarro's doping program and took steps to facilitate it.”

The submission continued, “Notwithstanding these efforts, Tannuzzo has repeatedly downplayed the fact and extent of his criminal conduct. Tannuzzo's minimization originated with his post-arrest statements to the press and extended to his allocution during the change of plea hearing. But the defendant cannot reasonably dispute the facts supporting his conviction: Tannuzzo obtained, and assisted others in obtaining, unapproved, untested, novel PEDs intended for administration on horses in violation of racing rules, despite the inherent risks of subjecting animals to unnecessary and unknown medications.”

The government had requested a sentence “at the low end of the Stipulated Guidelines Range of 30 to 36 months' imprisonment.” Tannuzzo's lawyer, in his own sentencing submission, had asked for probation or home confinement.

According to a trove of wiretapped calls that federal prosecutors had intended to use as evidence had the case gone to trial, on Mar. 3, 2019, Navarro and Tannuzzo discussed modeling a doping program based on one Navarro had used on his elite-level stakes sprinter, X Y Jet. A key takeaway from this discussion is that neither trainer seemed sure of the name of the substance that would be administered.

Navarro: What I'm going to do is tap his ankles, put him in a series every week with SGF. I'm just trying [to get] my vet to give me a good price, man, because I want to [expletive] tap every week.

Tannuzzo: You're going to tap him every week?

Navarro: Yeah, with SGF. That's what I did with X Y Jet. I'm going to call my vet up north, my surgeon, to see how he did it to X Y Jet and that's it. Don't worry man, you're in good hands. Don't worry.

Tannuzzo: You're talking about the HGF, not the SGF.

Navarro: Yeah, yeah, yeah. Whatever. The SGF whatever. The thing that you sent me in the syringe.

Tannuzzo: Yeah.

Within 10 months of that conversation, X Y Jet would die suddenly under Navarro's care, allegedly from cardiac distress that has never been fully documented or explained.

The post Trainer Tannuzzo Gets 27-Month Prison Sentence in Doping Case appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Barred Trainer Tannuzzo Poised to Change Plea in Doping Case

The barred trainer Michael Tannuzzo appears poised to join the parade of indicted defendants in the 2020 racehorse doping conspiracy case who have changed their pleas to guilty in order to keep felony charges against them from getting decided at trial.

On Tuesday a federal judge granted Tannuzzo a swift July 7 hearing to explain his reasons for wanting to change his initial “not guilty” plea.

Tannuzzo, 50, who had 11 horses under his care and had been racing at Aqueduct at the time of his March 9, 2020, arrest, made headlines 24 hours later by steadfastly declaring his innocence and maintaining that the New York State Gaming Commission shouldn't have suspended his license after learning he had been booked by the feds on two felony charges related to conspiracies and drug misbranding.

Tannuzzo told Daily Racing Form at that time that he was being targeted by the feds because his “best friend” was the trainer and high-profile defendant Jorge Navarro. His two conspiracy charges were related to Tannuzzo picking up a package of purported performance-enhancing drugs from Navarro's residence and delivering it to him at Monmouth Park. Tannuzzo said that equated to “guilt by association.”

But since Tannuzzo made those initial statements in the press nearly 2 1/2 years ago, Navarro has admitted to doping his horses, changed his own plea to guilty, and is currently serving a five-year prison sentence. Tannuzzo's trial had been set to start Sept. 12.

According to a trove of wiretapped calls made public by federal prosecutors, on March 3, 2019, Navarro and Tannuzzo discussed modeling a doping program based on one Navarro had used on his elite-level stakes sprinter, X Y Jet.

A key takeaway from this discussion is that neither trainer seems sure of the name of the substance that would be administered.

Navarro: What I'm going to do is tap his ankles, put him in a series every week with SGF. I'm just trying [to get] my vet to give me a good price, man, because I want to [expletive] tap every week.

Tannuzzo: You're going to tap him every week?

Navarro: Yeah, with SGF. That's what I did with X Y Jet. I'm going to call my vet up north, my surgeon, to see how he did it to X Y Jet and that's it. Don't worry man, you're in good hands. Don't worry.

Tannuzzo: You're talking about the HGF, not the SGF.

Navarro: Yeah, yeah, yeah. Whatever. The SGF whatever. The thing that you sent me the syringe.

Tannuzzo: Yeah.

Navarro: Yeah, yeah. And [this undisclosed horse] is getting one of those SGF-1000 whatever. He's getting one today.

Within 10 months of that conversation, X Y Jet would die suddenly under Navarro's care, allegedly from cardiac distress that has never been fully documented or explained.

The post Barred Trainer Tannuzzo Poised to Change Plea in Doping Case appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Judge Says No to Fishman Conviction Dismissal

A federal judge on Tuesday denied a request by prison-bound veterinarian Seth Fishman to dismiss Count One of his two racehorse doping conspiracy convictions.

Fishman, whose 26 months as a defendant have been hallmarked by minor courtroom dramas, various attempts to prevent or delay the trial, and accusations that he continued to peddle purported performance-enhancing drugs (PEDs) while free on bail, had argued that he was tried twice for the same crime because the first count was contained within the second, much broader conspiracy.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) didn't see it that way. Her May 31 ruling against Fishman's motion paves the way for his June 30 sentencing, at which he faces up to 20 years in prison.

“Fishman now moves pursuant to Rule 29 of the Federal Rules of Criminal Procedure for acquittal on Count One, arguing that Count One is multiplicitous of Count Two,” Vyskocil wrote in her order. “That motion is DENIED because a rational trier of fact could find, based on the evidence at trial, that Fishman participated in two distinct conspiracies.”

Fishman, along with six other veterinarians, 11 trainers, and nine others, was charged in 2020 with being a key figure in an international network of purported PED suppliers who allegedly conspired to dope racehorses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

Count One alleged a four-year conspiracy (2016-20) with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others. Count Two alleged a broad, 18-year conspiracy (2002-20) with Lisa Giannelli, Jordan Fishman, Rick Dane, Jr., and unnamed others based on Fishman's Florida online drug-selling portal.

Although a number of defendants in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first to stand trial and to be found guilty by a jury.

“The defendant filed several pretrial motions, but he never argued that the Indictment was multiplicitous,” Vyskocil wrote. “The defendant also never raised the issue of multiplicity in connection with any of the Court's instructions to the jury at the trial. Indeed, the instructions relevant to this motion were jointly proposed by the defendant and the government…

“In charging the jury at the end of the case, the Court stressed that the Indictment contained two separate counts, that each count charged a 'separate' conspiracy, and that the jury was required to consider each count 'separately' and 'return a separate verdict on each count.' The Court explained that while there might be 'facts in common to different counts, each count must be considered separately.'

“The Court further explained that while '[m]uch of the law' applied to both counts, the Court would point out differences and 'provide specific instructions' about 'particular elements or findings,'” Vyskocil wrote. “The Court also instructed the jury that the Indictment charged the defendant with continuing the conspiracy charged in Count Two while he was released on bail.

“The Court stressed that whether the jury found Seth Fishman 'guilty or not guilty' of one charged conspiracy 'should not affect [the jury's] verdict' as to the other conspiracy charged in the Indictment. The defense consented to all of these instructions in advance, never objected to them during the trial, and never otherwise raised the issue of multiplicity with respect to the jury charges,” Vyskocil continued.

“The jury convicted Seth Fishman of both of the charged conspiracies, found that he had intent to defraud or mislead with respect to each conspiracy, and found that he continued the Count Two conspiracy after he was released on bail,” Vyskocil summed up.

Fishman's sentencing was supposed to be May 5, but got pushed back to May 26 when he claimed he did not receive financial forms from the feds that are necessary for his pre-sentencing report. Then he requested another new date after pandemic-related lockdown conditions were imposed upon the cell block where he is being detained in New York.

Previous legal maneuverings included the Florida-based veterinarian being inexplicably absent from court on the day that he was found guilty. 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, Vyskocil had modified Fishman's bail conditions after federal prosecutors presented evidence that backed up allegations he was still selling PEDs while awaiting trial.

On two other occasions in 2020 and 2022, Fishman had unsuccessfully petitioned the court to adjust scheduling for pandemic-related reasons, at first arguing that his right to a speedy trial was being hindered, and then wanting to delay the trial over concerns related to not wanting to get sick with COVID-19.

The post Judge Says No to Fishman Conviction Dismissal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Servis to Stand Trial in January 2023

A federal judge has established trial dates for the remaining Thoroughbred-related defendants in the alleged international doping conspiracy case that has already netted several convictions and a number of guilty pleadings.

The most prominent name among the indicted individuals is the barred trainer Jason Servis, whose case will be tried alongside that of New York-based veterinarian Alexander Chan on Jan. 9, 2023.

Servis amassed gaudily high win percentages during the 2010s decade prior to getting arrested on three felony drug misbranding and conspiracy to commit fraud charges in March 2020.

According a trove of wiretaps the government has produced as evidence against him–plus implicating testimony from plea-bargaining defendants who are already imprisoned–Servis allegedly doped almost all the horses under his control in early 2019, including MGISW Maximum Security, who crossed the wire first in the GI Kentucky Derby, but was DQ'd for in-race interference. Chan is alleged to have assisted with the alleged conspiracy.

Another trial grouping set for Sept. 12, 2022, will decide felony charges against former trainer Michael Tannuzzo and Florida-based veterinarian Erica Garcia, both of whom are alleged accomplices of the now-imprisoned former trainer Jorge Navarro.

Alluding to previous setbacks that have caused complications in the court calendar, United States District Court Judge Mary Kay Vyskocil wrote in her May 6 scheduling order, “These are firm trial dates. The Court will not accept delays.”

Previous reasons for pushing back the trials have included conflicts on the calendars of defense attorneys, delays related to the COVID-19 pandemic, and the massive volume of evidence against the defendants that has been introduced.

The post Servis to Stand Trial in January 2023 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights