Meadowlands’ Gural Defends Owner Who Admitted To Purchasing PEDs During Fishman Trial

Jeff Gural, owner of the Meadowlands Racetrack, has announced that he will allow owner Adrienne Hall to continue racing horses at his New Jersey oval despite her testimony during the federal doping trial which revealed that she purchased performance-enhancing drugs from Dr. Seth Fishman, reports NJ Online Gambling. Fishman was found guilty this week on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDs administered to racehorses by corrupt trainers.

Hall testified that she administered PEDs to her horses after purchasing them from Fishman. Her membership in the U.S. Trotting Association was revoked shortly thereafter, but a USTA membership is not required for her to race horses in New Jersey.

“We disagree with the USTA decision, and we applaud Ms. Hall for coming forward,” Gural said. “To penalize those who testify for the prosecution will only serve to further the already existing notion that 'saying something will only lead to problems for yourself.'

“It will discourage the type of participation necessary to convict the indicted persons, as Ms. Hall's testimony has helped on this case.

“The lack of action by the USTA during this five-year effort on our part to get rid of the cheats along with their continued opposition to the [Horseracing Integrity and Safety Act] legislation, which, with some changes, is our only hope of keeping the chemists out, is dangerous to harness racing.

“We have received no support from USTA or any of their members in trying to eradicate the drugs and those who use them from racing. The absence of coverage on ustrotting.com of the Fishman trial proceedings is inexcusable.

“We now have access to Seth Fishman's customer database files, which contain the names of hundreds of his clients, including several prominent trainers who hopefully can produce records showing what they purchased and why.”

Read more at NJ Online Gambling.

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Convicted Drug Distributor Robinson: “I Sold to Everybody”

Before he was caught up in the probe into performance-enhancing drugs in horse racing and arrested for selling and shipping adulterated and misbranding drugs, Scott Robinson was living large. He drove a Lamborghini and his on-line businesses that the government has charged were selling PEDs were pulling in millions. There was never any shortage of customers.

“I sold to everybody,” said Robinson, who added that he had “thousands of customers,” and not just in horse racing. Robinson said his products were bought by individuals using them with camels, racing greyhounds, racing pigeons and to people operating alpaca farms. As part of his sentence, which includes 18 months in prison, Robinson was ordered to pay a $3.8 million forfeiture.

One year to the day that the indictments against 27 individuals allegedly involved in a scheme to use performance-enhancing drugs on racehorses were announced, Robinson, a drug manufacturer and distributor, became the first of those involved in the scandal to be sentenced to prison after he pled guilty to one count of drug adulteration and misbranding. The maximum sentence for that offense is five years.

The scope of Robinson's operation, and how many trainers and veterinarians were buying his products, was one of many subjects Robinson discussed in a series of interviews with the TDN, one by phone and several by email. Robinson is currently serving his sentence at FCI Coleman Low Correctional Institute in Sumterville, Florida. Few subjects were off limits, including his client list. It includes dozens of Thoroughbred trainers and veterinarians who bought illegal drugs from Robinson, but it's a list he says he will not divulge.

“As far as telling you who I sold this to, I'm not ready to go that far,” he said. “I know my career is over, but there are people out there who still work in racing and their livelihoods are at stake. They aren't the ones that got me into this mess, so there's no reason why I should want to see them get punished for something everybody was doing.”

Robinson, who has owned and trained Standardbreds, said the government has not pressed him for a list of his clients.

His willingness to discuss his situation stems in part from the fact that he doesn't see himself as the dope-peddling fiend the government made him out to be. Rather, he says the substances he sold were not narcotics or performance-enhancing agents but products that were not harmful to the horse and contained vitamins, minerals and amino acids.

“The definition of a PED and a non-PED is a very fine line and not black and white,” Robinson said. “The government has their own definition of PEDs. I say for it to be a PED it must be a drug. I don't consider vitamins, supplements and amino acids PEDs.”

The government would beg to differ. It charged that between at least 2011 and February, 2020, Robinson sold millions of dollars' worth of PEDs to customers across the U.S. and abroad, customers whose intent was to use the drugs to improve the performances of their horses.

“Scott Robinson created and profited from a system designed to exploit racehorses in the pursuit of speed and prize money, risking their safety and well being. Robinson sold unsanitary, misbranded, and adulterated drugs, and misled and deceived regulators and law enforcement in the process,” U.S. Attorney Audrey Strauss said after Robinson was sentenced.

Robinson, 47, admits that he mislabeled some of his products and did not properly list their ingredients, which falls under the category of misbranding.

“If you mislabel a vitamin or supplement and not put the ingredients on it, does it classify as a PED? According to the government the answer is yes,” Robinson said. “Like I said before, it's a very complicated subject. I am remorseful for having this issue burden horse racing. I should have put a list of ingredients on all products I sold and although I would still technically be in the wrong, it would shed light on what was in it.”

So far as why his products had names like “red acid,” “Blast Off Red” and “Liquid Viagra” that implied they were PEDs, Robinson said the names were part of a marketing strategy.

“Those names just sounded sexier,” he said. “It was marketing. The names didn't accurately describe what the products were for.”

So far as how bad the problem of doping race horses is, Robinson wavers. In his initial interview with the TDN he said the situation is serious.

“More people should be indicted. Definitely,” he said, questioning why the indictments stopped after the original round in March, 2020. “I'd be lying if I said there weren't people out there who need to be stopped. There are some real bad apples out there that should be indicted. Will it happen? Only time will tell. It doesn't really affect me.”

In a follow up email, he wrote: “I personally don't think there is a lot of illegal drug use in the sport.”

Part of the problem was that Robinson's drugs proved to be undetectable, a common theme that plagues the sport. Rarely does a drug test result in a positive for anything other than overages of therapeutic medications. Robinson said that the sport needs to start using testing procedures currently in use by the United States Anti-Doping Agency (USADA) that involves the use of biomarkers. With biomarkers, scientists can retest stored urine and blood samples that were collected as much as 10 years earlier.

“It's a form of testing that is far more stringent than current testing,” Robinson said.

Robinson is scheduled to be released on Dec. 15, but is hoping he will be let out earlier and able to serve the remainder of his sentence under home confinement. So far as what's next he doesn't know.

“Everybody else in here [at the Coleman facility] can go back to doing what they did before when they get out,” he said. “When I get out, I don't have a job. This is what I did for the better part of 20 years. I've lost all of my racing licenses and I'll never again be able to own or train a horse.”

That's not likely to elicit any sympathy. Robinson knows that no matter how he spins his story he will always bear the burden of having been convicted of selling drugs that were used to dope race horses. Nor does it really matter how many others were involved and who.

“I did wrong,” he said. “I know that.”

The post Convicted Drug Distributor Robinson: “I Sold to Everybody” appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Fishman Trial Enters Homestretch

New York federal prosecutors in the horse-doping trial of Dr. Seth Fishman neared the finish line Jan. 28, bringing their case to a close after calling 11 witnesses and presenting evidence from FBI wiretaps.

“At this time the government rests its case,” prosecutor Anden Chow told U.S. District Court Judge Mary Kay Vyskocil on the trial's eighth day.

A short time later, the defense rested their case without calling any witnesses or putting the accused veterinarian on the stand to testify.

Without the jury present in the Manhattan courtroom, Vyskocil told Fishman he had a right to testify, but was under no obligation.

“So, it's your decision not to testify Dr. Fishman?” the judge asked.

“That is correct,” Fishman said.

“And it's your decision alone not to testify?”

“That is correct,” Fishman said.

The conclusion of testimony sets the stage for the next phase of the trial: closing arguments followed by jury deliberations after the judge issues instructions on the law. Eight women and four men comprise the jury.

Vyskocil told both sides that summations would commence Jan. 31.

Fishman, 50, was one of 27 horse racing insiders arrested in March 2020 in the biggest horse doping bust in U.S. history. Those charged included two prominent trainers, Jason Servis, who is awaiting trial, and Jorge Navarro, who pleaded guilty and was sentenced to five years in prison. Fishman is the first to go to trial in the case.

Prosecutors have accused Fishman of manufacturing illegal performance-enhancing drugs that harness and Thoroughbred trainers, including Navarro, administered to their horses to win lucrative purses and enhance their reputation. Prosecutors say those charged acted without regard to horse welfare, risking breakdowns and death.

Prosecutors allege that Fishman was especially sought after because he claimed that his products wouldn't appear in customary post-race testing.

Fishman is charged with two counts of conspiring to violate adulteration and misbranding laws. If convicted, he faces a maximum of 15 years in prison.

He went on trial Jan. 19 with Lisa Giannelli, who worked with him for 18 years. Vyskocil granted her a mistrial after her lawyer tested positive for COVID-19 Jan. 24.

Fishman contends that he carried out the accused activities in the good faith belief that he was practicing veterinary medicine.

On Friday, prosecutors set up a table in front of the jury box with dozens of boxes and bins containing vials of substances worth tens of thousands of dollars, seized at the time of Fishman's initial arrest in 2019. Prosecutors say the vials contained PEDs.

Additionally, Federal Bureau of Investigation agent Jarrett Concannon testified that during a search of Fishman's business in South Florida last month, he took photos of the same products stored on shelves.

Prosecutors say the search showed Fishman was in possession of PEDs in violation of his bail conditions.

The government's witnesses were a varied assortment. They included a woman who worked for Fishman and his Equestology business in South Florida for five years and testified after agreeing to a non-prosecution agreement with prosecutors.

They also included Ross Cohen, a defendant in March 2020 indictments. He agreed to flip as part of a cooperation deal with the feds.

Also testifying were two current trainers, Adrienne Hall who has small stable of harness horses in Florida, and Jamen Davidovich, who ran principally in Ohio in 2021 and has a start this year in New York.

Each testified Fishman supplied them with PEDs for their horses after reaching out to the veterinarian a few years ago.

Jurors also heard testimony from three FBI agents and two experts in veterinary medicine.

As part of their case, prosecutors played excerpts from more than two dozen wiretaps that captured Fishman discussing horse doping and bragging that his products weren't “testable.”

“Don't kid yourself,” Fishman is heard saying to an unidentified male individual on the other end of the line in a wiretap from Apr. 15, 2019. “If you're giving something to a horse to make it better, and you're not supposed to do that, that's doping. You know, whether or not it's testable that's another story.”

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

The post Fishman Trial Enters Homestretch appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Fishman Adds Lawyer Known for Defending Controversial Clients

An attorney who has been in the headlines for defending high-profile clients such as the convicted pedophile Jeffrey Epstein, the convicted NXIVM “sex cult” leader Keith Raniere, and the convicted Mexican drug lord and murderer Joaquin “El Chapo” Guzman Loera on Monday got added to the legal team for Seth Fishman, the indicted Florida veterinarian whose trial in the nationwide racehorse doping conspiracy case begins Jan. 19.

The New York-based lawyer Marc Fernich, who has extensive experience defending clients in the United States District Court (Southern District of New York) venue where Fishman's trial will commence, announced his appearance as co-counsel with a Jan. 10 filing in that court.

Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government.

Last month, Fishman was called before Judge Mary Kay Vyskocil to answer allegations made by prosecutors that he was still selling purportedly performance-enhancing drugs (PEDs) even as he prepared to face a trial related to the sale of many of those same substances. At a bail revocation hearing, Fishman was ordered to surrender all of the substances stored at his Boca Raton business, but the judge stopped short of revoking his pre-trial release privileges.

Fernich, according to the bio on his firm's website, specializes in the study of legal precedents in intense regulatory environments. This expertise “enables Fernich to construct subtle, novel and creative arguments that other attorneys may miss” and it centers on “sophisticated appeals and legal motions that can toss charges at the trial level or pave the way for future appeals.”

Lisa Giannelli, whom the feds allege ran an online sales business called Equestology that was closely related to Fishman's venture, will also go on trial at the same time as Fishman.

Six of 27 defendants named in the original indictment have now been sentenced after pleading guilty to charges in the federal government's prosecution of an alleged “corrupt scheme” to manufacture, mislabel, rebrand, distribute, and administer PEDs to racehorses all across America and in international races.

Giannelli and Fishman will be the first to push their cases to a trial. The indicted former trainer Jason Servis, the highest-profile of the remaining defendants, is in a third trial grouping that does not yet have an assigned court date.

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