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Jury Finds Fishman Guilty; Drug Maker Could Face 20 Years In Prison

Florida veterinarian Dr. Seth Fishman, the first person to face trial in a sweeping horse-doping case that documented the widespread use of illegal and undetectable performance-enhancing drugs at tracks across the country, was convicted in New York Feb. 2 on charges that could put him behind bars for up to 20 years.

A jury of eight women and four men in U.S. District Court in Manhattan found Fishman, 50, guilty of two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS administered to racehorses by corrupt trainers for money and fame.

U.S. District Judge Mary Kay Vyskocil will sentence Fishman May 5.

Prosecutor Sarah Mortazavi told the judge prosecutors would be seeking to detain Fishman pending sentencing.

The verdict came swiftly. Jurors got the case late Feb. 1 and deliberated for about three hours Tuesday and Wednesday. The trial began with jury selection Jan. 19 and lasted 11 days.

The jury rejected Fishman's defense that his actions were in keeping with his oath as a licensed veterinarian to protect the health and welfare of animals.

“I understand the jury has reached a verdict,” Vyskocil said after the jury filed in the wood-paneled courtroom on the 26th floor of the courthouse.

The jury's foreperson then announced Fishman's guilt on each of the counts.

“I love animals. I love horses,” one of the jurors, Victoria Lopez, a 61-year-old woman from The Bronx, said in an interview following the verdict. “What they were doing wasn't right.”

“The jury's swift conviction of Seth Fishman reflects the overwhelming evidence of his guilt as displayed through this trial,” New York U.S. Attorney Damian Williams said in a release issued from his office. “As an ostensible veterinarian – sworn to the care and protection of animals – Fishman cynically violated his oath in service of corrupt trainers and in the pursuit of profits.”

Williams added, “Through the sale of untested, unsafe, and unstable drugs, Fishman's illegal drug business was a platform for both fraud and animal abuse. Today's conviction appropriately condemns the danger inherent in Fishman's crimes and underscores the seriousness with which this office takes the kind of abuse that Fishman practiced.”

Stuart S. Janney III, chairman of The Jockey Club, also reacted to the verdict.

“I am pleased to see all of the effort and time spent by federal agents, prosecutors, and others who have worked so hard on this case be rewarded with a guilty verdict, and I thank them for their commitment,” Janney said in a statement distributed by TJC.

“It is highly encouraging to know that those who cheat and endanger our sport's athletes, both equine and human, face meaningful and life-changing punishments,” he added. “Clearly, this verdict will serve as a deterrent to others, and it also provides hope for those who want to see true change in the racing industry. This step forward, one of many recently, reflects our steadfast determination towards maintaining the highest levels of integrity and safety for racing's athletes and customers.”

Fishman wasn't in the courtroom when the verdict was announced. Vyskocil hasn't said in open court where he is. A cryptic comment from Fishman's attorney to the judge led to speculation Fishman may be in a hospital.

Fishman had a co-defendant Lisa Giannelli, at the start of the trial. She worked with Fishman for 18 years, and prosecutors accused her of being Fishman's drug distributor. On Jan. 24, Vyskocil declared a mistrial in her case after her attorney tested positive for COVID-19.

Nearly two years ago, Williams' office charged Fishman, six other veterinarians, 11 trainers, and nine others, identified as PED distributors, with conspiring dope horses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

The investigation began in 2018 and was headed by the Federal Bureau of Investigation and criminal investigators with the Food and Drug Administration.

At the time of the indictment, then-New York U.S. Attorney Geoffrey Berman said the case was “the most far-reaching prosecution of racehorse doping in the history of the U.S. Department of Justice.”

At a March 2020 press conference announcing the indictments, FBI New York assistant director in charge William F. Sweeney Jr. said the doping conspiracy risked the health of horses administered PEDs.

“What happened to these horses amounted to nothing less than abuse,” Sweeney said.

Those charged included top trainer Jason Servis, who federal prosecutors say juiced multi-millionaire Maximum Security, the first-place finisher in the 2019 Kentucky Derby Presented by Woodford Reserve (G1), who was demoted to 17th by stewards for interference with another horse in the race.

The accused also included Jorge Navarro, who was sentenced to five years in prison last year after pleading guilty to conspiracy. Prosecutors presented evidence at Fishman's trial showing that the trainer paid Fishman tens of thousands of dollars for PEDs, including a substance called BB3 that prosecutors say thickens a horse's blood to make it run faster and farther.

Navarro is one of nine charged individuals who have pled guilty. Two others who were arrested entered into non-prosecution agreements with prosecutors.

The Fishman trial revealed that another of those accused, former harness trainer Ross Cohen, struck a deal with prosecutors to become a cooperating witness.

Servis and several others have pled not guilty and are awaiting trial.

Prosecutors have said in court papers that they are in plea discussions with several defendants without naming them.

The Fishman verdict could have an impact on cases going forward.

The evidence against Fishman included witness testimony, emails and texts, and wiretap recordings that captured Fishman talking about doping horses, and bragging that his drugs wouldn't appear in post-race testing.

Prosecutors also showed the jury thousands of vials of drugs seized from Fishman's Florida company Equestology.

Two of those witnesses were harness trainer Adrienne Hall and Thoroughbred trainer Jamen Davidovich. They testified they juiced their horses with PEDs obtained from Fishman. Hall testified under deferred prosecution agreement with the government. Davidovich's testimony came after he was granted immunity.

As part of their case, prosecutors also played for the jury video of Navarro's juiced X Y Jet winning the $2.5 million Dubai Golden Shaheen Sponsored By Gulf News (G1) in Dubai in 2019. X Y Jet died of a heart attack a year later, Navarro said in a statement shortly after the incident.

“Thank you boss, (you're) a big part of it,” Navarro said in a text exchange with Fishman just after the 2019 Golden Shaheen.

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

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Jury Deliberations Begin In Horse Doping Trial Of Seth Fishman

A New York jury began deliberations Feb. 1 in the horse doping trial of Dr. Seth Fishman.

The jury of eight women and four men deliberated for about 30 minutes before retiring for the night without reaching a verdict. They resume deliberations the morning of Feb. 2.

The charges against Fishman, a 50-year-old Florida veterinarian, stem from a federal government crackdown on horse doping at tracks across the country in which more than two dozen individuals were indicted. Those charged include top trainer Jason Servis, who is awaiting trial, and Jorge Navarro, who was sentenced to five years in the case after pleading guilty.

Prosecutors say racehorse trainers at Thoroughbred and harness tracks juiced their horses with performance-enhancing drugs manufactured by Fishman and designed to elude post-race testing. They say Navarro was one of Fishman's clients.

At the start of the trial's 10th day Tuesday, jurors noted Fishman's absence in the courtroom for a second straight day. They weren't told where he was, and Judge Mary Kay Vyskocil advised them not to speculate on his absence.

“Please don't draw any inference as to why he may be absent,” she said.

The panel spent most of the day listening to prosecutors and defense attorney Maurice Sercarz clash over evidence in the case during closing arguments.

Prosecutor Sarah Mortazavi addressed the jury first and began by saying that Fishman built “a multi-million drug business through deceit.”

“You know what the defendant Seth Fishman is all about,” she said. “His business was to peddle adulterated and misbranded drugs, performance-enhancing drugs designed by him to cheat horse racing.”

Re-emphasizing evidence submitted during the trial, she paused to play a 2019 Federal Bureau of Investigation wiretap. In that recording, Fishman says that anytime you give something to a horse you are not supposed to, that's doping.

Mortazavi said another wiretap quoted Fishman as saying he was cheating the system.

“If someone says they are trying to cheat the system, that's what they are doing,” the prosecutor said.

A few minutes later, Mortazavi held a drug vial that had been seized from Fishman's business in 2018 and showed it to the jury.

“We're not talking about hay, oats, and apples,” she said.

Mortazavi said there was overwhelming evidence of Fishman's guilt. The prosecution's case included witness testimony, emails, text messages, and dozens of wiretap recordings. Three of the witnesses were trainers who said Fishman supplied them with PEDs.

To prove its case, the prosecution must show that Fishman defrauded or misled others over the course of the alleged conspiracy.

Mortazavi said the evidence showed Fishman tried to defraud and misled the Food and Drug Administration by registering his corporation in Panama.

She said the evidence also shows how Fishman tried to avoid scrutiny by racing regulators.

She reviewed a text quoting Fishman saying “absolutely not” when asked if an order of PEDs should be sent to an address at a track.

“Why not send it to the racing office,” Fishman wrote, apparently in jest.

“LOL,” was the response from Fishman's business associate Lisa Giannelli.

Giannelli was being tried with Fishman, but a mistrial was declared in her case last week after her attorney tested positive for COVID-19.

Sercarz argued to the jury that there was insufficient proof from the government that his client defrauded or misled.

“Did he do something to violate racing regulations? Yes, but intent to defraud or mislead?” Sercarz said.

He contended Fishman's actions were those of someone acting in good faith and who, as a licensed vet, had the horses' best interests in mind.

“Seth Fishman improvidently chose to live in a rough neighborhood among racehorse owners and trainers bent on cheating,” Sercarz said.

“I submit it was Dr. Fishman who was trying to wean horses off much more dangerous stuff and provide a safer alternative while adhering to his oath as a licensed vet to protect the welfare and safety of animals.”

After Sercarz finished, prosecutors had the final say. Prosecutor Andrew Adams stood up and asked the jury to reject his adversary's argument.

“He doesn't have much to work with,” Adams said. “He's not a magician. He can't make the evidence disappear.”

The prosecutor told the jury that Fishman's actions weren't about helping racehorses but about helping his clients make money and cheat race regulators.

“He was a drug dealer, not a veterinarian,” Adams said.

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

The post Jury Deliberations Begin In Horse Doping Trial Of Seth Fishman appeared first on Horse Racing News | Paulick Report.

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Letter To The Editor: An Aussie Perspective On Being An American Racing Fan

I was saddened to read the heartfelt Letter to the Editor: Why I Am Leaving The Sport I Loved for 50 Years that appeared on the Paulick Report website on Jan. 20. As an Australian turf fanatic and now small-time owner who has been living in New York for a decade, I have a perspective on this.

Like the author, I relate deeply to that experience of the first time at the track and getting “hooked.” As a sports fanatic kid growing up in Melbourne in the 1980s and 1990s, I was ambiently aware of racing, but it wasn't until I experienced the roar of the crowd at the 1999 Caulfield Guineas and an epic battle between the champion colts Redoute's Choice and Testa Rossa that I was transformed forever. Or as the author puts it, “spiritually fed.”

Sadly, nothing about the author's recent experiences and decision to get out of the game entirely surprised me.

A few observations:

Racetrack Experience – American racetracks, even the bigger ones, are generally decrepit. While there may be little motivation to invest given the sport is played for TV and online wagering, it's a stark contrast to the magnificence of a Flemington or Royal Randwick on a clear day. Not to mention the hundreds of picturesque racecourses that make up Provincial/Country fixtures. Where my father lives in Kyneton, about an hour's drive from Melbourne hosts a brilliant “Country Cup” day each year with entertainment and great food options. In other words, a way to get people who aren't necessarily racing fans to enjoy a day out and perhaps also place a few wagers.

Wagering Experience/Bet Types – The user interfaces for American parimutuel betting are, in my view, very poor and don't reflect what younger generations would regard as a good user experience. While wagering types are mostly common between North America and Australia, the existence of “Flexi” betting options whereby a bettor can invest wagers of their choosing in return for a calculated % of the dividend are far more enticing than the rigid unit options available here. Additionally, many young people don't grasp parimutuel totalizator concepts. The option for “Fixed Odds” betting in Australia attracts a different type of player.

Integrity & National Regulations – I am not suggesting that Australia doesn't have its own issues with integrity, animal welfare, and scandals. To suggest otherwise would be untrue. But as recent examples show, public outrage against exposed corruption and animal cruelty has led to swift and decisive action by regulators. The bad guys do get disqualified for extended periods. While there may be minor state differences, on the whole, there are national rules of racing for medication and horse ratings/classification systems that promote certainty for participants and the wagering public.

Mainstream Interest / Media Platforms – Finally, while racing remains niche in Australia, engagement in some form is much more common there, particularly amongst younger generations. While only a handful of my friends follow racing daily, a large cohort will get together with their mates for the occasional “weekend quaddie” (a Pick 4 equivalent) as a social activity at pubs and sports venues across the country. A lot of this has to do with the prevalence of excellent media and digital platforms like Racing.com.

— David Salter
Owner, fan, and horseplayer

Want to sound off about something you've seen in the Paulick Report? Send us a letter at info at paulickreport.com. Please include your contact info so our editorial staff can reach you if they have questions.

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Another Mystery, Fantasioso Dead-Heat In Thrilling John B. Connally Turf Cup

To say that history was on the line in Sunday afternoon's Grade 3, $200,00 John B. Connally Turf Cup at Sam Houston Race Park, would be a major understatement. Since its first running in 1995, the race has attracted some of the top turf horses in the country. On Sunday, not one but two turf specialists added their names to the list of John B. Connally Turf Cup champions and history was made as the race resulted in a dead-heat for the win for the first time.

The 1 1/2-mile turf event came to a thrilling conclusion with a three-horse photo finish at the wire. The Turf Cup has always attracted top turf horses from across the country, and Sunday's race was no exception as the Illinois-bred Another Mystery, with races from the Midwest and West Coast, shared the win with East Coast-based, Argentinian-bred Fantasioso.

James Graham-ridden Fantasioso, a 7-year-old horse by Strategic Prince, was bred by Luther Eduardo Carlos in Argentina. He is co-owned by Bloom Racing Stable and his trainer, Ignacio Correas, IV.

Though he had made 12 starts at the distance previously, Fantasioso was cutting back from his last race, the two-mile H. Allen Jerkins Stakes at Gulfstream in which he finished third. He has hit the board in several stakes but was in search of an elusive win.

“He's such a cool horse,” said co-owner Jeff Bloom. “This was a well-deserved victory as he has been close in so many of his races. James rode him perfectly and it was so gratifying to see him win a graded stakes in the United States.”

Fantasioso won several graded stakes in his native Argentina but this was his first graded stakes victory in North America. He has earned $259,539 in 32 career starts and has finished in the money in 19 starts, including six victories.

Graham was able to close despite slow fractions and create the trip his horse needed.

“They went slow in front of us, but he ran his rear end off and I was glad to finally win a Connally Cup,” said Graham, who made the trip to Sam Houston from Fair Grounds. “This horse has a good kick and I appreciated the opportunity to ride for Ignacio and Jeff.”

Another Mystery is a 6-year-old horse by Temple City, bred and owned by Team Block and trained by Chris Block. This marked the second Connally Turf Cup win for Team Block, who also brought Fort Prado to the winners' circle in 2006.

“Two years ago he ran in the Connally coming off a ten-day rest,” said Block. “He's matured a lot and as my dad would say, he's been crying out for three turns. He had a good rest and trained great coming into the race. The Ioya family is all turf and Jareth put a great ride on him.”

Jareth Loveberry had the call on Another Mystery after riding the horse twice at the Fair Grounds, including a win in the Bob F. Wright Memorial Stakes. He is multiple graded stakes placed with $358,000 in earnings and picked up his seventh career win in 24 starts.

“He ran a really good race and handled the turf course well today,” said Loveberry. “He was grabbing the bit and had his head down at the right time. I want to thank Chris and the whole team for getting him ready.”

He'll get a rest and run next at Fair Grounds, according to Block. Jeff Bloom said that Fantasioso will likely be pointed to Keeneland.

The final time for the stake was 2:31.28. Both horses closed from far back to hit the wire together after letting Dyn O Mite and Strong Tide set the fractions up front. Strong Tide held on to be involved in the photo finish at the wire and was placed third.

Strong Tide is a homebred for Michael and Penny Lauer of Indiana; Penny Lauer owns and Michael Lauer trains the 5-year-old son of English Channel. Geovanni Franco traveled to Houston to ride Strong Tide, who he also rode to victory in an optional claiming event at Oaklawn in their last start.

Hierarchy and Corey Lanerie led the rest of the field in fourth place, followed by pacesetter Dyn O Mite, post-time favorite Ajourneytofreedom, Malthael, Decision Maker, Tide of the Sea, Logical Myth, Parrot Head and Conviction Trade.

The John B. Connally Turf was awarded Grade 3 status in 2006 and boasts a solid roster of past winners including Chorwon, Warleigh, Fort Prado, Rod and Staff, Swift Warrior as well as three-time champions, Candid Glen and Bigger Picture.

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