Attorneys For Servis Say FBI Misled Court On Wiretaps, Want Evidence Suppressed

Attorneys for indicted trainer Jason Servis filed a motion on Monday in U.S. District Court for the Southern District of New York asking Judge Mary K. Vyskocil to suppress evidence obtained through Title III wiretaps on the telephones of Servis, trainer Jorge Navarro and veterinarian Kristian Rhein in connection with the March 2020 federal indictments of more than two dozen people alleged to be involved in a multi-state racehorse doping scheme.

Attorneys Rita Glavin and Michael Considine said in court filings that the FBI in seeking the wiretaps made “material misstatements and omissions” that were “deliberate or reckless” in seeking the wiretap on Servis authorized on April 30, 2019, and extended three times. The attorneys said the wiretap resulted in the “interception of thousands of communications” of Servis, one of several trainers indicted in the federal investigation that began in 2017.

First, the attorneys state, the FBI chose not to inform the court that no horses under Servis' care failed any post-race drug tests during the span of the investigation. “By contrast,” they wrote, “horses trained by Thoroughbred horse trainer Bob Baffert (who has never been criminally charged) have failed numerous post-race drug tests in the last several years, most recently failing a post-race drug test for the 2021 disqualified Kentucky Derby winner, 'Medina Spirit.'” (Editor's Note: A hearing has yet to be conducted on Medina Spirit's positive drug test and he has not been disqualified from the Derby.)

Secondly, the attorneys allege, FBI agents consistently misstated the nature of two drugs mentioned in connection with Servis: SGF-1000, a product marketed by Kentucky-based Medivet Equine, and the bronchodilator clenbuterol.

“SGF-1000 was repeatedly tested prior to the wiretap and found to contain no performance enhancing substances,” the attorneys claim, citing a number of emails between different parties and the Hong Kong Jockey Club, whose lab apparently tested the substance that is said to contain sheep collagen as a primary ingredient. Despite that, the attorneys wrote, an FBI agent seeking the original wiretap or extensions “repeatedly described SGF-1000 to the court as a 'growth factor' and 'performance enhancing substance.'”

The attorneys' memorandum in support of the motion to suppress also quotes from intercepted comments by Rhein (a part owner of Medivet) that SGF-1000 does not contain any illegal substances.  “Everything we've done is by the letter of the law,” Rhein told Servis in one conversation.

On Tuesday, Rhein pleaded guilty in federal court to administering and distributing adulterated and misbranded drugs and faces three years in prison.

“In its zeal to secure and maintain the wiretap,” the attorneys claim, “the government also misled the issuing courts about clenbuterol, wrongfully characterizing it as a performance-enhancing drug that was banned by various state regulators. In fact, clenbuterol was expressly permitted in the jurisdictions Mr. Servis' horses raced. “Although local rules of the relevant jurisdictions provide that a horse cannot race when clenbuterol is present within their system above a certain threshold at the time of a race, none of Mr. Servis' horses failed a single post-race test during the period of the government's investigation. The government withheld this fact from the issuing courts as well,” the attorneys wrote.

Their final argument claims that the FBI “misled the court about the necessity for a wiretap of Mr. Servis' phone in its requirement to explain that 'normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.' … The government failed to take even the most basic of investigative steps with respect to Mr. Servis, and instead ran to the District Court for a wiretap as essentially its first investigative step.”

The motion also seeks suppression of evidence from wiretaps on the phones of Rhein and Navarro, the latter of whom has asked the court for a hearing to change his “not guilty” plea.

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Judge Approves Motion Filed By Jason Servis’ Attorney To Extend Timeline In Federal Doping Case

The judge presiding over the federal case against 14 alleged horse dopers approved a motion to extend the timeline by one month this Friday, reports the Thoroughbred Daily News, pushing the start of the trial back until after Labor Day. Filed by the attorney for Jason Servis, Rita Glavin, and supported by attorneys for the other 13 defendants, the motion was filed to give the defense more time to sift through the large amount of evidence in the case.

“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,” Glavin wrote.

Currently, the court case is the first round of hearing “dispositive motions” filed by the defense in an effort to have some of the charges dropped. The second round of motions, which is what was extended Friday, deal with requests to suppress evidence and/or expert testimony. A status hearing is scheduled for May 14.

On Mar. 9, one year to date from the first arrests in the case, Scott Robinson was sentenced to 18 months in prison. U.S. District Judge J. Paul Oetken handed down the sentence on Tuesday after Robinson pleaded guilty to one count of drug adulteration and misbranding conspiracy in September 2020.

Read more at the Thoroughbred Daily News.

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Judge Grants Alleged Dopers Additional Month to Examine Evidence

The judge in the federal case against 14 alleged horse dopers on Friday granted a motion by the defense to extend the time frame to file motions to suppress evidence because of the massive amount of documentation that attorneys must sift through, which includes transcripts of potentially incriminating phone recordings, emails and text messages.

“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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