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.

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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.

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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.

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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.

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Fishman's Mar. 8 filing in United States District Court (Southern District of New York) is likely the first of several legal steps leading to a formal appeal of his convictions. He faces 20 years in prison upon sentencing May 5.

“As relevant here, a multiplicitous indictment 'charges the same crime in two counts,'” Fishman's letter motion stated, “when 'only one crime has been committed' in 'law and fact.'”

Fishman's filing–almost two years to the date of his Mar. 9, 2020, arrest–argued that the dual counts could lead to “multiple sentences for the same offense,” and that the two counts might have “improperly prejudice[d] a jury by suggesting that a defendant has committed not one but several crimes.”

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

“The indictment in this case accused Dr. Fishman of participating in overlapping but ostensibly independent conspiracies to illegally distribute a variety of customized PEDs–untestable, adulterated and misbranded–to racehorse owners and trainers in America and abroad,” Fishman's motion stated.

“Count Two alleged a broad, 18-year conspiracy–lasting from 2002 through 2020–with Lisa Giannelli, Jordan Fishman, Rick Dane Jr. and unnamed others. Count One alleged a subsidiary, four-year conspiracy–lasting from 2016 through 2020–with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others…

“Yet throughout the trial–from the start of the prosecutor's opening to summation–the government framed the case as one involving 'a single, ongoing conspiratorial' agreement: namely, an encompassing 18-year arrangement among Dr. Fishman, his employees, suppliers and customers to manufacture, buy and sell the same menu of adulterated and misbranded PEDs through Dr. Fishman's company, Equestology LLC, rather than 'two separate schemes operating independently…'

“The government thus presented an integrated, 'overall' agreement with one primary object–trafficking in prohibited substances designed to boost racehorse performance and avoid regulatory detection–that violated a 'single statute' over a lengthy period.”

The filing continued: “Perhaps most significant, the government's summations graphically confirmed its mixing and matching the charged conspiracies–its blending their vague contours, blurring their fuzzy boundaries and otherwise presenting the two as an interwoven, indivisible whole…

“Even more striking, the prosecutors opted to address the charges in 'reverse,' starting with the sprawling conspiracy alleged in Count Two [before finally getting around to] Count One…

“On this record–even when construed most favorably to the government and drawing all inferences in its favor–the only plausible conclusion is that the lesser conspiracy charged in Count One was 'simply a species' or subset of the greater one alleged in Count Two.”

Fishman's multiplicity motion suggested a remedy of merging his two convictions so that only a single sentence will be imposed.

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According to a previously unreleased collection wiretapped calls made public last week by federal prosecutors, Servis and Navarro didn't always know the names of some the illegal pharmaceuticals they purportedly administered to their horses. Nor were they always clear on exactly what those substances were or what they did.

But the two trainers who amassed gaudily high win percentages during the 2010s decade prior to getting arrested on doping conspiracy charges in March 2020 seemed to agree on one certainty—that those illegal concoctions worked remarkably well to make Thoroughbreds run faster.

“He sent me something with amino acid right last year. And I [expletive] gave it to this horse,” Navarro allegedly said in a Jan. 25, 2019, wiretapped call, one of many secretly recorded by law enforcement officials. “This [expletive] galloped. Galloped!”

But the alleged doping scheme might have been working too well. Two months later, when Servis's bravado had started to give way to fear, Servis allegedly told Navarro in another wiretapped call that he was “scared to death” because “the horses are running like crazy.”

Navarro's response was to laugh and reply, “You're killing them, buddy!”

Another set of intercepted calls that spring—after Servis's trainee, Maximum Security, crossed the wire first in the 2019 GI Kentucky Derby but was DQ'd for interference—depicts Servis as continually wanting validation from Kristian Rhein, a now-suspended veterinarian formerly based at Belmont Park, that SGF-1000 was “untestable” by regulators.

Rhein, according to the wiretaps, not only provided Servis with that reassurance, but he also allegedly disclosed how he hid PED charges on bills to clients and knew of Olympic-level sport horses that were clearing international drug tests after using the very same pharmaceuticals.

On Aug. 11, 2021, Navarro cut a deal with federal prosecutors in which he admitted to doping and pled guilty to one count in the years-long conspiracy in exchange for having a similar second count against him dismissed. One week earlier, Rhein had pled guilty to one count of drug adulteration and misbranding for use in the covert doping of Thoroughbreds. At that court hearing he directly implicated Servis, who was his regular client.

Servis is still fighting his drug conspiracy charge. On Aug. 3, the same day that Rhein implicated him, Servis' and other co-defendants filed a motion to get the government's wiretapped calls thrown out as evidence.

When federal prosecutors on Sept. 2 filed paperwork in support of allowing the wiretaps, the 155-page document contained the widest release yet of intercepted call transcripts. TDN is publishing them here in chronological order, edited for clarity.

March 3, 2019: Navarro and Michael Tannuzzo, a now-barred trainer, allegedly discuss modeling a doping program on a horse based on one Navarro used on his star sprinter, X Y Jet.

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.

March 5, 2019: Navarro and Servis allegedly discuss PEDs, and made their first mention (to each other) of a drug that they also referred to as “SGF.”

Navarro: And if you know something new, if you know about something new, don't forget about your man, okay? Don't forget about your man.

Servis: I'll tell you what, Jorge. I'm using that [expletive] shot. What is it, SGF?

Navarro: Oh yeah, yeah, yeah. I got, uh, I got more than 12 horses on that so I'll let you know, okay?

Servis: I've been using it on everything, almost.

Navarro: Jay, we'll sit down and talk about this [expletive]. I don't want to talk about this [expletive] on the phone, okay?

Servis: All right. You're right.

An undated interception from around the same time frame between Servis and Navarro involves Navarro's alleged provision of an irregular (as opposed to “regular”) version of clenbuterol for Servis.

Servis: You got my message yesterday, right?

Navarro: Yeah, yeah, I got it.

Servis: I mean…

Navarro: But also the head of security was looking for me, he's a good friend of mine, so I think he was going to tell me too [It is not disclosed which racetrack they are referring to].

Servis: Okay.

Navarro: Just…just…just follow everything he does, cause he could be a [expletive].

Servis: Okay.

Navarro: All right. The only thing, any medications, pills and stuff, you have to have it
under lock.

Servis: That was the only thing we didn't have cause [unintelligible] didn't go in today. [Unintelligible] said [unintelligible] got to have everything locked up.

Navarro: Yeah. Yes, that's the only thing, and I have cases of GastroGard. I…he confiscated all that three years ago, but he gave it right back to me, cause I had an attorney and everything that I was going to sue him and, ah…Like generic GastroGard, so everything has to be labeled.

Servis: He gave [unintelligible] a bunch of [expletive] about generic acid. I got [an] expensive colt that went to Palm Beach Equine. They want omeprazole with, uh, something else in it.

Navarro: Yeah, yeah, yeah. He could be a [expletive] about that. He could be a [expletive].

Servis: I mean, Jorge, [unintelligible] time to bullshit around about regular clenbuterol. Them horses, the three win the other day, they are just on regular.

Navarro: Yeah, well I…

Servis: You know how long.

Navarro: Well it came in already. I have it at home, but [expletive] I'm afraid. I'm afraid to bring it over.

Servis: No, I'm scared to death right now.

Navarro: Ha, ha, ha!

Servis: The horses are running like crazy.

Navarro: Buddy, you're killing them, buddy. You're killing them.

Servis: But I ain't doing it. I'm [expletive only using] just regular [clenbuterol]…But when the dust settles I'd like to get some [irregular clenbuterol].

On June 5, 2019, Servis allegedly calls Rhein to discuss concerns with drug testing, namely the possibility that the New Jersey Racing Commission would discover Servis's use of SGF-1000.

Servis: You got a minute?

Rhein: Sure, sure, sure.

Servis: Are you by yourself?

Rhein: Yeah, yeah, yeah I just walked out of the barn.

Servis: Hey. So they've been doing some out-of-competition testing, which I have no problem with. Um, they took Maximum Security Monday and they came back again today. But Monday he got the KS. I just want to make sure we are all good with that.

Rhein: Wait, what did he get?

Servis: I'm sorry, I said “KS.” The, you know, your shot. The…

Rhein: Oh, the SG.

Servis: Yeah, that stuff.

Rhein: 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.

Servis: It will probably come up with [dexamethasone] probably, right?

Rhein: Yeah, that's it. It will be dex. It will be dex. It will be like—that's it. And I've had them, I had them pull some stuff, and I was like, “Oh, [expletive], I wonder what
will happen?” Nothing. Nothing. I mean and the guy said SGF doesn't even test close, thank god. But the only thing will be the AZM and you can just say he
was like hives or something, but…

Servis: Right. But they're not even going to ask me about it.

Rhein: They won't, even.

Servis: Because you're allowed to have that anyways. Dex, I mean.

Rhein: He's allowed. He's allowed. So [unintelligible] I don't know. I've done it. I've had it tested. Jockey Club did it, and I've had at least three different times it's been tested on horses that I gave it the day before and nothing. Not a word.

Servis: Yup.

Rhein: There's no test for it in America. There's no testing. There's nothing.

Servis: Okay, that's fine.

Rhein: There's nothing you did that would test.

Servis: So Monday they took Max and they got three other horses. Actually, they got two. They were looking for [Sunny Ridge] and I told them he's at Belmont. I think they got him today, Henry [Argueta] said. But they took a 2-year old filly that ran the other day and finished fourth. Um, and I'm thinking, “Why the [expletive] would they want to take her?” But maybe they are just doing random or maybe looking for clenbuterol. I don't know.

Rhein: Yeah, that's what I am wondering. I'm wondering if it's clenbuterol they are
looking for.

Servis: Right, because [at] Parx you are not allowed to have it on the grounds.

Rhein: That's really an odd thing and that horse, I guarantee, has never had any [expletive like] that. I mean, I know because I met the guy inadvertently when The Jockey Club took a box of the SGF. They took it and I met the guy, and I met the guy down at the conference, and he goes, “The Jockey Club.” And he saw the hat that I had on was the same [equine pharmaceutical] company, and he goes, “Oh, man I just tested a box of that stuff.” And I go, “What stuff?” And he goes “MediVet. You've got a hat on—SGF. Yeah, Jockey Club sent it to me out in California. Yeah, it came back as just a bunch of collagen. Nothing interesting [unintelligible]. These guys think it's got something that can be like a PED.” He goes, “There's nothing in it.” And he was the actual head of the testing lab.

Servis: Yeah, I think you told me.

Rhein: Yeah, so you are golden. And like I said, we have had it done two or three times here. Nothing.

Servis: Okay.

Rhein: [The expletive] I just had that I gave to some horses, and they just took it.

Servis: Well, that's what I'm saying. That horse got it Monday.

Rhein: Yeah.

Servis: And then they come in and test it [unintelligible].

Rhein: No, but they won't. It's—you know, I promise. It's never been anywhere, anyway, anyhow, and I got guys going through [international equine drug testing] that is 50 million times stricter, because these guys are giving it for their horses in the Grand Prix. They give it to them. The Grand Prix jumping. So I have like three horses that are gold medal—well, medal winning—horses in the Olympics, and they are all on it. And they go right through the [testing] box and it's far stricter than anything we got.

Servis: All right, Kristian. Just want to make sure.

Later on June 5, 2019, following his conversation with Rhein, Servis allegedly places a call to another individual (whose identity is not disclosed) regarding falsely listing “dex” on veterinary records to obscure the use of SGF-1000.

Servis: Yeah, so I just want to give you a heads up. So they pulled blood on some horses Monday. One of them is Maximum Security, and then they pulled it again today. Um, and I talked to Kristian [Rhein]. I mean the shots shouldn't be a problem because, you know, it may come up as dex. I don't know if you cover your ass if they want to look at a [veterinary] bill and see if the horse why he got dex or some…I just wanted to give you a heads up with the dex because that horse, you gave it to him Monday, I think, right?

Individual: Yeah, he got the dex Monday.

Servis: Yeah, I don't know if [regulators might question] why did he get dex [if] it's not on the bill, or something.

Individual: Nah. [Unintelligible] put it down. [Unintelligible] put it down. Got it.

The following day, June 6, 2019, Servis and Rhein allegedly continue their conversation about SGF-1000 and the untestable nature of it.

Rhein: On what we were talking about the other day—there is no problem with it. But, like, somebody squealed around here about it.

Servis: Okay.

Rhein: So that is the only thing that we should be cautious of. I got a…I got a couple of…

Servis: That's the SGF?

Rhein: Uh-huh.

Servis: Okay.

Rhein: So somebody squealed. Not that it is testing, or that…there's no…it's untestable. It's that they were crying about it. I don't know why. They didn't tell me who. But somebody is crying about it.

Servis: Okay.

Rhein: So it's just, just that we know. I just wanted to let you know that I, you know…the guy said this is a big, higher-up official. I was like, “What are they? Is it some weird test? Or is something coming back?” And he was like, “No, not at all.”

Servis: Okay. I just, like I said, they pulled blood the same day that he got it, that is what threw me off.

Rhein: Yeah, well, this was the…I'm not worried in the sense of anything going wrong with it because, like I said, the guy already tested it, so it's not that. It's more people crying.

Servis: Right, right.

Rhein: It's more people crying about it and I am sure, as you well hear. Believe me, more people come up to me and bitch and cry about you. They are like, “Oh, he is cheating, he is cheating, he is cheating.” I was like, “Yep, sure.” I said, “They test all of his horses over and over and over again.”

Servis: I know. I hear it all the time.

Rhein: I know you do. So, but…between you and me, because [of] the testing, they called me from the test center here and I was like, “What's up?” They go, “Do you know anything?” So what they called it, they called it “growth hormone.” They were like “You're using some sheep growth hormone.” I go, “No, it has no growth hormone whatsoever in it.” And I said, “It tested as collagen, which is a protein. A fine…there is nothing wrong with it.” I told him the name of the gentleman that [had tested] it in California. I said “His name is [redacted].” He goes, “Oh, I know him.” I said, “The Jockey Club had it tested. They were all freaked out, they thought it was this, they thought it was that.” I said, “So, it has been tested up and down.” And he said, “Listen, somebody dropped a dime on me.” And I was like, “What?” They are like, “Yeah.” So all we need to do…I'm not going to say anything to anything else. I'm just going to tell [co-defendant veterinarian] Alex [Chan] and people like that. Like it is not on any of our bills. It never is.

Servis: What about is [the drug] on your truck?

Rhein: No, nah. I don't take it on my truck. I just, when they call for, it I just have it. Come and get it.

Servis: Well, if you want us to back off, I mean, I have no problem with that.

Rhein: No, no, no, no, I mean, I'm going to find out some more. I just wanted you to know. I mean, I'm not worried. I am not worried because it has been tested, you know? And the person that just called me is the guy who tests. So I'm not worried about that. We do it further out. I mean all those things. So I am not trying to be clever or tricky or anything. This guy said “Listen, I am letting you know.” And I said…

Servis: Right, somebody dropped a dime on you.

Rhein: Put it this way: They have no test, period, but we don't get close. We never do. I mean I don't get close with it.

Servis: Yeah, we are 10, 12 days.

Rhein: Exactly. The rules of New York say anything outside of seven days is anything that is not listed. And this is truly listed as a biologic. So if they really want to fight, guess what? A biologic in New York is forty-eight hours [withdrawal time].

Servis: Right.

Rhein: Because that's all it is.

Servis: The only thing I was concerned with is, is it FDA approved?

Rhein: Well, no, no. Not that I know of.

Servis: That's the only thing I was thinking, I don't…does it have to be?

Rhein: Well, no, because, no. I mean, there is so many things. That is the beauty of being a veterinarian. As a veterinarian you are allowed to use any drug that you think would be…and this is not even considered a drug. It has no drug in it, it is literally just a purified protein from a sheep's placenta.

Servis: Right.

Rhein: So, I was like, look this isn't a drug, this isn't manufactured. So the Federal Drug Administration, they wouldn't approve it anyway, just because it is not a drug. Yeah, so, I just want to beware. I am not like, “Oh my God!” panicked.

Servis: Yeah, because I use it down here.

Rhein: [Expletive]. I love the stuff. I mean, you should see like, tendons.

Rhein: He [an undisclosed individual about whom Servis had previously complained, presumably a trainer] is such a little bitch. He just is a little sawed-off bitch. I worked for him. I mean, I worked for him. He had me shock-waving horses. He would leave me these notes. They were hidden in his drawer. And then we used to use Deca-Durabolin. I used to use Winstrol, and he was like, “Don't you dare put that on the bill.”

Servis: Wow.

Rhein: I'm like, you know, so this guy, he talks out of both sides of his mouth.

Servis: Yeah, he does. And one day somebody is going to write a [expletive] book. It is going to be a groom or a vet somebody and he is going to hang them all out.

Rhein: Yeah, believe me we could. I was there. I mean, I know these hypocrites. I mean I did all these guys' work. I know who was using and who was not, who needed to, who didn't. I mean. I don't say it lightly, but [expletive], I was doing [vet work for several other individuals]. I had all those barns. I was doing all their lameness. And these guys were the first ones that wanted you to [enhance performance]. “Hey what can we do?”

Servis: Yeah.

Rhein: And then they were like, so…We will be fine. Like I said, it is never on a bill.
It is never on a bill. That is the problem.

Servis: I have been billing it Baycox in Florida and here.

Rhein: Oh, good. Good. No, I think we do…ours are totally innocuous so…and I bill a
lot of mine as like acupuncture. I'm an acupuncturist. I'm a trained…licensed acupuncturist. So, that is for me why I do it. They can't say I am not. I have my advanced degree for equine acupuncture.

On July 10, 2019, Servis and Argueta allegedly discuss concerns about getting caught administering PEDs.

Servis: Be careful man, Henry, with that. Really careful, because…

Argueta: Yes?

Servis: Because we are getting really good.

Argueta: Yeah, no.

Servis: All we need is a problem like that. Oh, with the Derby and [expletive]. Oh my god.

Argueta: Yeah. Then they glad they are looking for us in the tree.

Servis: Yeah, they will.

Argueta: They are going to be in the tree looking for you with their binoculars.

Servis: What?

Argueta: The mounts right after the road.

Servis: Right.

Argueta: They'll be over there. They be there looking for you.

Servis: No they'll be in a van or a car with black windows you won't be able to see in.

Argueta: Ha, ha!

Servis: You know what I am saying. But they can see out.

Argueta: Yeah, but what are they going to see? Nobody going to see nothing. What are they going to see? Nothing.

Servis: Right.

Argueta: We don't do nothing—ha, ha! They can look wherever they want to look.

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At Wednesday's hearing, Navarro admitted he administered illegal medications to racehorses between 2016 and March 2020, including top runners X Y Jet, War Story, Shancelot, Sharp Azteca, and Nanoosh. Specifically, he admitted that he gave X Y Jet “blood building” substances before an allowance optional claiming race on Feb. 13, 2019, at Gulfstream Park and the Group 1 Dubai Golden Shaheen.

X Y Jet died suddenly in January 2020, at which point he had earned over $3 million. Navarro said at the time the horse was “part of my family.”

Additionally, Navarro admitted he gave bronchodilators to co-defendant Jason Servis. Servis recently filed a motion seeking to have wiretaps taken by the FBI suppressed on the basis that the federal agency was misleading at the time of its application for those wiretaps.

Navarro said he shipped a blood doping agent from his home in Florida to co-defendant Michael Tannuzzo in New Jersey, and also that he gave drugs to co-defendant Marcos Zulueta. When asked whether he provided drugs to other trainers, Navarro paused and said, “I don't recall” before saying he had provided bronchodilators to Servis.

The misbranded or adulterated substances included blood doping agents, vasodilators, misbranded bronchodilators, “bleeder pills” and SGF-1000, according to Navarro. The blood doping agents were produced by Seth Fishman and Gregory Skelton, per Navarro. Some of the substances, he said, were shipped in from outside the United States, including Panama and the Dominican Republic. Navarro did not clarify which substances originated outside the U.S.

Had the case proceeded to trial, prosecutors revealed they had a recording of a phone conversation between Navarro and an unidentified owner of Nanoosh made in May 2019 in which Navarro and the owner agreed to continue giving the horse illegal drugs in hopes of improving his performance. Nanoosh, who was owned in partnership between Zayat Stables, Rockingham Ranch, and David A. Bernsen, was the winner of the Zia Park Derby. In May 2019 he finished sixth in the G3 Salvator Mile and would later be third in his final career start in an allowance optional claiming race.

Vyskocil did not sentence Navarro at the Aug. 11 hearing but did outline the parameters of the sentencing guidelines that he agreed to in his plea deal with prosecutors. According to statute, the charge he pleaded guilty to comes with a maximum prison sentence of five years, and that was the maximum outlined in the sentencing guidelines. However, Vyskocil made it clear that she could choose to assign penalties beyond the sentencing guidelines and this would not empower Navarro to withdraw his plea.

Navarro could also face a period of supervised release after serving his prison sentence, and that release may come with a number of conditions. Violation of those conditions would result in Navarro going back to prison with no credit for time served on supervised release.

There are a number of elements to Navarro's crimes which had suggested a longer sentence in federal prison. The government uses a formula to help suggest a possible sentence depending on aggravating or mitigating factors, and the elements of Navarro's crime could have escalated his prison sentence to 14 to 17.5 years, but Vyskocil said the maximum allowed by statute was five, and that's what was written into the agreement Navarro signed with prosecutors. Aggravating factors or “enhancements” in Navarro's case included his use of “sophisticated means” to conceal his crimes, his abuse of public trust, and his role as an organizer of the conspiracy.

Federal prison sentences, according to Vyskocil, require that at least 85 percent of the sentence be served; although a prisoner may have the sentence shortened slightly for good behavior, they are not eligible for parole.

There are also likely to be financial penalties to Navarro as a result of his plea. He agreed he will be subject to a fine ranging from $40,000 to $400,000. He has also agreed to forfeit $70,000, and is further on the hook for $25,860,514 in restitution payments. The latter amount represents the amount of purse money won by Navarro's horses as a result of his crime. As with fellow defendant Dr. Kristian Rhein, prosecutors will provide a list of victims of the crime at the time of sentencing, which is scheduled to take place in December.

Vyskocil also noted that Navarro may face additional consequences to his guilty plea as a result of his immigration status. Navarro, 46, is not a citizen of the U.S. but is a citizen of Panama. Vyskocil said immigration authorities could choose to detain or deport him at the conclusion of his prison sentence.

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The May 7 letter from acting United States Attorney Audrey Strauss to U.S. District Judge Mary Kay Vyskocil was filed fewer than 24 hours after defense attorneys filed their own, separate letter with the court signaling an intent to ask the judge to recuse herself from the case over alleged prejudices.

At deadline for this story, that official “Motion to Recuse” had not yet been filed, nor had the judge's purported conflicts been disclosed. But those separate letters from the defense and the prosecutors stem from discussions the parties had during a May 6 conference call, and all signs now point to the trial not starting until the two-year anniversary of the Mar. 9, 2020, arrests looms within sight.

Defense attorneys were already granted one extension two months ago to file motions to suppress evidence, which involves a massive batch of discovery documentation including transcripts of potentially incriminating phone recordings, emails and text messages.

The 14 defendants have all been implicated to various degrees in the alleged conspiracy to manufacture, mislabel, distribute and administer performance-enhancing drugs (PEDs) to Thoroughbreds and Standardbreds across America and in international races.

Strauss's letter outlined a proposed timetable that would give the defense one additional month, until Aug. 27, to review and/or object to the evidence, with 90 days tacked on beyond that date to accommodate time for the prosecution to respond and for the defense to offer a standard final reply.

“The parties further conferred on the matter of expert disclosures and timing for any motions relating to the preclusion of proposed experts,” Strauss wrote. “The Government has to date identified two experts and provided summary reports relating to their anticipated testimony. No defense experts have yet been identified…Representatives of the defense have asked that deadlines for expert disclosures [be] set at the subsequent conference to be held in the Fall of 2021.”

The last status conference in the case was held in November; the next one is coming up May 14.

Servis (who transformed Maximum Security from a $16,000 maiden-claimer into a MGISW star during the time the feds collected evidence on his alleged stable-wide doping practices) and Navarro (whom the government allegedly has on tape boasting about dosing elite-level sprinter X Y Jet “with 50 injections” of PEDs prior to a win in the 2019 G1 Golden Shaheen in Dubai) are the two now-barred trainers headlining the case.

The 12 other defendants are drug manufacturers, distributors, stable employees, and veterinarians allegedly involved to various degrees in the five counts listed in the indictment. They are: Erica Garcia, Christopher Oakes, Michael Tannuzzo, Marcos Zulueta, Rebecca Linke, Kristian Rhein, Michael Kegley, Jr., Alexander Chan, Seth Fishman, Jordan Fishman, Lisa Giannelli, and Rick Dane, Jr.

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A motion to recuse is a formal request for a judge to remove him/herself based on prejudice or conflict.

Either side in a case can make this motion, but the moving party bears the burden of proving that there are reasonable grounds that the judge would not act fairly and/or objectively, and any alleged prejudices must be outlined in an affidavit.

A judge facing a recusal motion can ask another judge to rule on it, and a recusal would mean an alternate judge gets assigned. Motions to recuse that are deemed to be delaying tactics are expressly forbidden, but not unheard of.

The request from Navarro, which was joined by defendants Seth Fishman, Jordan Fishman, Erica Garcia, Christopher Oakes, Michael Tannuzzo and Lisa Giannelli, was filed eight days before the first status hearing in the case since November is scheduled to be held. That May 14 hearing is expected to include the judge's long-awaited timeline for the trial.

In the form of a letter filed May 6 in U.S. District Court (Southern District of New York), Navarro and the other defendants stated, “We write to advise your Honor that, following a joint conference amongst counsel for the Defendants, Defendants are contemplating a Motion to Recuse your Honor. The issue was raised with the government [May 6] on a telephone conference.”

In light of the expected motion to recuse, the defendants are also asking that the judge “hold in abeyance any rulings” that might be forthcoming with regard to the defendants' previously filed motion to dismiss the case entirely.

The federal case against the alleged network of racehorse dopers is the result of a March 2020 spate of arrests in relation to a purported years-long conspiracy to manufacture, mislabel, rebrand, distribute and administer performance-enhancing drugs (PEDs) to Thoroughbreds and Standardbreds across America and in international races.

There are seven other defendants whose cases are also being adjudicated by Vyskocil; others under the auspices of different judges.

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“Given the volume of discovery that we are still reviewing, I respectfully request that the Phase Two Motions schedule be modified as follows: defense motions due June 28, government response due July 28, and defense replies due on Aug. 11,” attorney Rita Glavin, who represents the disqualified GI Kentucky Derby-winning trainer Jason Servis, wrote in a request to modify the briefing schedule.

Glavin wrote that the request has the support of the attorneys for the remaining 13 defendants in the alleged conspiracy to manufacture, mislabel, distribute and administer performance-enhancing drugs (PEDs) to Thoroughbreds and Standardbreds across America and in international races. She added that the prosecuting attorneys have consented to the extension.

The time extension was granted Mar. 12 by U.S. District Judge Mary Kay Vyskocil, which effectively pushes back the start of a trial until after Labor Day.

On Mar. 9, one year to the date of the nationwide that sting resulted in the first arrests in the case, Scott Robinson, a drug manufacturer and distributor who had earlier pleaded guilty to one count of drug adulteration and misbranding, was the first defendant to get sentenced for his crimes. A federal judge imposed 18 months in federal prison and ordered Robinson to forfeit $3.8 million in PED sales proceeds for his role in the alleged doping network. The maximum sentence for that offense is five years.

Of the remaining defendants, the headline-grabbers are Servis, who transformed Maximum Security from a $16,000 maiden-claimer into a MGISW star during the time the feds collected evidence on his alleged stable-wide doping practices, and the now-barred but formerly above-norm-win-percentage trainer Jorge Navarro, whom the government allegedly has on tape boasting about dosing elite-level sprinter X Y Jet “with 50 injections” of PEDs prior to a win in the 2019 GI Golden Shaheen in Dubai.

The 12 other defendants are drug manufacturers, distributors, stable employees, and veterinarians allegedly involved to various degrees in the five counts listed in the indictment: Erica Garcia, Christopher Oakes, Michael Tannuzzo, Marcos Zulueta, Rebecca Linke, Kristian Rhein, Michael Kegley, Jr., Alexander Chan, Seth Fishman, Jordan Fishman, Lisa Giannelli and Rick Dane, Jr.

Right now the court case is in the midst of a preliminary round of hearing “dispositive motions” that the defense has thus far filed to try and put an end to some of the charges. A secondary round of motions dealing only with requests to suppress evidence and expert testimony is the time frame that got extended on Friday. The next status hearing in the case is May 14.

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