Voss: ‘I Love Horses’ Only Takes You So Far

I think it's fair to say that most people in the racing industry were disgusted when they read the federal indictments last March of 27 people, including trainers, veterinarians, and drug makers. The very first person from that group of 27 was sentenced this week to 18 months in prison after pleading guilty to one count of drug adulteration and misbranding.

I've reported on companies affiliated with Scott Robinson for several years now, and I had reason to suspect the conditions under which he and his co-conspirator Scott Mangini made illegal drugs were poor. Even I was surprised at some of the details in court documents filed around his sentencing, and I don't think I've been so horrified by a legal document since the original indictments.

The pre-sentencing report filed by the prosecution is littered with strong language about Robinson's involvement in peddling products designed to act as performance enhancing drugs (PEDs) or as substitutes for more expensive prescriptions. Possibly the most upsetting part of the document, which you can read here, was intercepted messages between Robinson and Mangini describing issues Robinson was seeing with products headed off for sale. Robinson describes “blood building peptide has black particles” floating in it, and a bug floating in a bottle which was “crimped,” suggesting it was a bottle of injectable product. Despite these quality concerns, Robinson kept selling the stuff, and presumably, his customers kept injecting it.

In case you wondered, as I did, what happens when you inject a product that's contaminated with bugs and other solids into a horse's muscle or vein, safe to say it's not a pretty picture. Solid particles would travel with an injected substance through a horse's veins, through the heart's atrium and ventricles, and via the aorta to the body. The vessels and capillaries it would travel through on its journey get gradually smaller, some as small as six to eight microns. The smallest particles visible to the naked eye are around 40 microns, so anything of that size will likely be stuck somewhere. In humans, the trapping of a solid particle somewhere in the circulatory system is known to cause anaphylactic shock, pulmonary embolisms, heart attacks, vein irritation, and death. If a horse in this situation is very unlucky, tissues would slowly die as they become unable to receive proper blood flow and oxygen. It's a painful experience for the animal.

According to one testing expert I spoke with, the reaction could be instant or it could take enough time that someone may not connect the horse's death to the injection it received. That likely means we won't know how many horses may have been sickened or killed by the products Robinson peddled.

Robinson's attorneys, of course, did their best to minimize the amount of time he would spend in prison after entering his guilty plea. That's their job. Prosecutors were pushing for the maximum sentence of 60 months, and defense counsel asked for 0 months. The judge landed on 18 months, which Robinson will begin serving later this year. One of the arguments made in support of Robinson grossed me out even more than his dismissive responses to concerns about the safety of his products – his attorneys suggested the judge should go easy on him, in part, because of how much he loves horses.

The defense pre-sentencing report, which you can read here, summarized character references provided by friends and family of Robinson. More than one discussed Robinson's disdain for mistreatment of animals, particularly racehorses.

“From my three years of work with Mr. Robinson, I have become aware of his great knowledge of and love for racehorses,” wrote his psychiatrist, Dr. Ronald E. DeMao. “Horses and horse racing have literally 'been his life.' It is inconceivable to me that he would ever do anything to intentionally harm a horse. In fact, he has developed products to aid in the physical health and rehabilitation of horses. I have heard him speak in very pejorative terms about others who 'dope' or harshly train racehorses.”

Writing of his “genuine concern for the way some horses are treated,” regenerative medicine physician Dr. Michael Heim said: “A story that has always struck me in a powerful way is Scott's description of a practice in horse racing called bleaching which, to the best of my knowledge, is when a horse is injected intravenously with bleach in order to improve physical performance for a short time but at an obvious cost to the horse's health. Scott has described to me how he has been able to spot such horses in a deteriorated state, purchase them, and subsequently nurse them back to health. As an animal lover, I find any practice such as bleaching to be detestable and applaud Scott's efforts to help even a single horse regain health.”

I'm left wondering whether, in his concern for racehorse welfare, Robinson ever reported to a racing commission, law enforcement, or the FDA people he thought were injecting bleach into horses. Or did he think that might be a bit hypocritical?

I don't find the notion of sentimentality over horses very compelling when it's coming from someone pleading guilty to the acts described here, or in the federal indictment. “I love horses,” will not save you if you have a hand in hurting them.

The prosecution evidently didn't find this part of Robinson's argument compelling, either.

“The claim in one such letter that Robinson “spoke in very pejorative terms about others who 'dope' racehorses contradicts the slate of products Robinson offered for sale … Far from decrying 'dopers,' Robinson catered to them through his various ventures, and reaped millions of dollars in sales from these businesses.”

But let's broaden that conclusion, shall we?

When much of the world reacted with outrage to the now-infamous photo of trainer Gordon Elliott grinning astride a dead horse in Ireland, the response from many in the racing industry was to talk about how much they love horses – or in a few cases, how much Elliott loves them. How many times have we seen this response? Horses die at Santa Anita, and well-intentioned people in racing post photos of themselves snuggling foals with the naïve belief that this will absolve whatever sin is in the headlines this month. A series of drug positives from a prominent trainer makes headlines; a racehorse winds up in the kill pen after struggling home last; a jockey is caught with a buzzer – we love our horses, all of us love them, these are just a few bad apples. 'Feel sorry for us!' they cry, 'People think we're mean, just because animals are dead.'

Anyone in public relations or in professional sports knows that the best defense is a good offense. By the time you're reacting to another welfare embarrassment, you've already lost, and that's because repeated protestations of love start to sound hollow when there keep being reasons to renew them.

It's not exactly the same, of course. The sport as a whole is made up of many individuals of different mindsets and levels of feeling for their horses, while the defendant here is one man. But it's worth remembering: when we speak to the outside world, much like a school of fish, the world sees one body, and it's going to judge us by what they see us do, not how we say we feel.

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LA Times Columnist John Cherwa Joins Writers’ Room

Los Angeles Times columnist John Cherwa has seen a lot in just a handful of years on the Southern California racing beat, and Wednesday morning he joined the TDN Writers' Room podcast presented by Keeneland to discuss the past, present and future of racing in the Golden State. Calling in via Zoom as the Green Group Guest of the Week, Cherwa talked about the progress in Santa Anita's safety record, the top 3-year-olds on the west coast and the effect of last week's protest at Golden Gate Fields.

“I wrote tens of thousands of words on the horse breakdowns at Santa Anita,” Cherwa recalled. “I was on the phone with a source who was at the track when Battle of Midway went down and then it just mushroomed from there. Last week at Golden Gate, you saw where protesters went on the track over some recent deaths there. At that point, there were five deaths. One was a sudden death, which was probably a heart attack. There were only two what we call breakdowns. At a similar point in 2019 at Santa Anita, there were 20. I think a lot has been done [since], mostly I think through pre-race evaluations. If you watch the Los Alamitos races on Friday, Saturday and Sunday night, you'll see a lot of scratches, and a lot of those are because of pre-race evaluations. So I think the progress has been immense. However, until the number [of deaths] becomes zero, it's never enough [for anti-racing protestors]. And zero is, in many terms, unattainable number.”

Asked about the challenges to presenting the sport for a national audience, Cherwa said his dispassionate approach to racing has led to some backlash both from within the industry and outside of it, but that having only covered racing for a few years affords him a fresh view of things.

“I get hate mail from a lot of the horse racing people because I cover horse deaths and things like that,” he said “I get threats from the animal rights activists because I'm not covering it enough. I've even gotten death threats from the animal rights people. Frankly, no one is covering that more than I have, not because I want to, but because it is a big story in California. The fact that I'm kind of new to this myself, means that I'm learning along with my audience and I do on a lot of things. I've got like three or four, I'll just call them sources, that I will call all the time to have them explain something to me just to make sure of what I think I know.”

Elsewhere on the podcast, in a jam-packed West Point Thoroughbreds news segment, the writers discussed the first sentencing domino to fall from last year's indictments, the official news of Gulfstream adding a Tapeta surface that first broke on the show back in December, and the Golden Gate protests. Click here to watch the podcast; click here for the audio-only version.

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Robinson, Defendant In Federal Doping Indictment, Sentenced To 18 Months In Prison

Scott Robinson, one of the defendants in the federal case that rocked horse racing in March 2020, has been sentenced to 18 months in prison. The Thoroughbred Daily News reported that 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.

Robinson, together with pharmacist Scott Mangini, was accused of operating consumer-facing websites such as HorsePreRace, peddling products which purported to be blood builders and pain blockers which were allegedly untestable, as well as discounted versions of prescription drugs despite not being an FDA-approved manufacturer. Robinson is neither a veterinarian nor a pharmacist.

Click here to read the Paulick Report's investigation of HorsePreRace from 2016.

A pre-sentencing report filed by federal prosecutors ahead of Oetken's ruling revealed even more disturbing details about the conditions in which those products were made. A state pharmacy board inspection report dated February 2016 which was published by the Paulick Report had picked up on unsanitary conditions at co-conspirator Scott Mangini's facility in Florida: the Florida Department of Health Records noted that there was no working sink in the pharmacy for hand washing, and employees were instead using a ten-gallon bucket. The department noted so much dust on the counters where prescriptions were made that an investigator was able to trace letters in the dirt with an alcohol swab — a particular problem since some products were injectables. Ingredients were mislabeled.

Click here to read more about Mangini's facility from this 2016 investigative feature by the Paulick Report.

Even before that inspection however, the report cited communications from Robinson to Mangini indicating he knew something could be wrong with the products he was selling. In spring 2015, Robinson began asking Mangini whether there had been changes to manufacturing processes.

“R u making stuff different? I have a lot of stuff that doesn't look same and has stuff floating in it. Blood building peptide has black particles,” one message to Mangini read.

“[Employee] has been complaining of bugs coming out of boxes u send. I told him he was crazy until I found one floating in bottle today when labeling,” read another, also to Mangini.

The Board of Pharmacy conducted its inspection in December 2015, but Robinson was dismissive of any danger resulting from the inspection, writing to Mangini, “And board of pharmacy worries about u? They got bigger problems! Lol.”

(Mangini, who has been charged with two counts of drug adulteration and misbranding, has entered a not guilty plea and his case is ongoing.)

Between December 2015 and January 2016, Robinson fielded complaints from trainers who had injected Pentosan into their horses, only to see the horses become severely depressed and unable to move. The horses' veterinarian attributed the reactions to a bad batch. The pre-sentencing report indicated Robinson “was dismissive of these complaints.”

When federal agents executed search warrants on premises used by Robinson in September 2019, prosecutors say he became incensed and “attempted to extort the federal agents involved in the seizure by threatening to release a letter to certain members of the racehorse industry informing them of of the existence and scope of the FBI's investigation if the FBI did not immediately return his electronic devices the same day they were seized. After being informed his threat was itself a crime, Robinson retracted his threat hours later.”

After he became aware the FBI was investigating him, prosecutors say Robinson continued distributing adulterated and misbranded drugs, generating “millions of dollars in revenue.”

Prosecutors had requested the maximum available sentence of five years in prison, while Robinson's defense team, pointing out his lack of prior criminal convictions, suggested he serve no time. Defense attorneys painted a picture of a man who had risen to business success from near-homelessness and who battled depression and chronic traumatic encephalopathy (CTE) due to injuries sustained in the United States Navy. Letters from friends and family framed Robinson as a caring person who gave liberally to charity and financially supported family members.

Although Robinson had no criminal history, prosecutors did note that he was court martialed in 1998 and dishonorably discharged from the Navy after he admitted to reselling anabolic steroids to other enlisted members of the Navy.

One character reference letter in support of Robinson's defense came from New Vocations Racehorse Adoption Program, where executive director Dot Morgan wrote that Robinson “donated a massive amount of his compounded omeprazole ulcer treatment” to the program in 2010 and 2011. In 2014, HorsePreRace and HorseGold (of which Robinson was president) were the recipients of warning letters from the Food and Drug Administration warning them to stop marketing omeprazole and other products designed to act as prescription drugs because they were not approved as mass manufacturers of drugs.

Another letter, from Robinson's psychiatrist, highlighted the defendant's feelings for horses.

“From my three years of work with Mr. Robinson, I have become aware of his great knowledge of and love for racehorses,” wrote Dr. Ronald E. DeMao. “Horses and horse racing have literally “been his life.” It is inconceivable to me that he would ever do anything to intentionally harm a horse. In fact, he has developed products to aid in the physical health and rehabilitation of horses. I have heard him speak in very pejorative terms about others who 'dope' or harshly train racehorses.”

Robinson is required to surrender himself on Sept. 7, 2021 to begin his sentence. He will have another three years of supervised release after serving his time.

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Robinson Gets 18 Months in Prison in First Sentencing from 2020 Indictments

One year to the day that the bombshell indictments against 27 individuals allegedly involved in a scheme to use performance-enhancing drugs on racehorses were announced, Scott Robinson became the first of those involved in the scandal to be sentenced to prison. In a decision handed down Tuesday by Judge J. Paul Oetken in U. S. District Court in Lower Manhattan, Robinson was sentenced to 18 months in federal prison plus an additional three years of supervised release. Robinson is required to surrender himself to authorities on Sept. 7, 2021.

Robinson, a drug manufacturer and distributor, had pled guilty to one count of drug adulteration and misbranding. The maximum sentence for that offense is five years.

According to the sentencing memo filed by the U.S. Department of Justice by the United States Attorney for the Southern District of New York, the drugs Robinson distributed “included anabolic steroids and performance-enhancing drugs ('PEDs') marketed to racehorse trainers, veterinarians, and others. These drugs were not manufactured in sanitary, government-approved facilities; they had not been tested and approved for use in humans or animals by the Food and Drug Administration ('FDA'); they were not distributed pursuant to lawful prescriptions; nor were they properly labeled.”

The judgment against Robinson also included a forfeiture of $3,832,318.90, which he must pay to the government. The total represents the value of the drugs he illegally sold.

The government also charged that Robinson was dishonorably discharged from the Navy for selling steroids.

“I want to apologize to the horse racing industry,” Robinson said when given a chance to address the court. “Horse racing is the only thing in my life that I have ever truly loved. From the first time I went to the racetrack, I fell in deep love with horse racing and this negative attention is not what I am about, and I sincerely apologize for that. For the last 15 years plus, I have promoted horse racing and tried to increase its popularity. I take full responsibility for the actions I have taken.”

Sarah Mortazavi, the attorney representing the government, argued for a harsh sentence.

“Unfortunately, his conduct up to this point illustrates that he is not contrite or remorseful and that he viewed his conduct as, really, no big deal and believed that no consequences would follow,” she said. “We ask the court to send a different message, both to Mr. Robinson and members of the community, that this type of conduct can lead to ill effects, that this type of conduct will not be tolerated and that it is taken seriously by the government and the court.”

Before announcing his sentence, Oetken said he took into consideration the fact that Robinson had no prior record and the many letters he received in support of the defendant, but in the end concluded that a prison sentence was warranted. Robinson's attorney, William Butler, asked the court to issue a non-custodial sentence that would not include any prison time

“The criminal conduct here was serious, the defendant engaged in a scheme to market and sell misbranded and adulterated drugs across the country, including performance-enhancing drugs to racehorse trainers and others,” Oetken said.

He continued: “I do conclude that this is a sufficiently serious crime extended over a lengthy period of time such that serious punishment is warranted…I don't think a five-year sentence is needed to serve the purposes that I have mentioned. I also think that a 36-month sentence is greater than necessary to serve those purposes. Weighing everything I have mentioned, I believe that a sentence of 18 months imprisonment is an appropriate sentence and is sufficient to meet the characteristics while taking into account the positive factors that I have mentioned.”

Robinson pled guilty on Sept. 16, 2020, making him among the first to end their fight against the government. That he did so at the time raised speculation that Robinson was cooperating with the government, which would result in a lenient sentence. During Tuesday's proceedings, it remained unclear whether or not Robinson had in fact made a deal to cooperate.

The original indictment included 27 individuals, most notably trainers Jason Servis and Jorge Navarro. Robinson was indicted along with his former business partner, Scott Mangini. The government charged that Robinson and Mangini engaged in a scheme to “create, manufacture, sell and ship adulterated and misbranded PEDs intended to be secretly administered to racehorses for the purpose of improving those horse's race performance…”

The only other person involved in the case to enter a plea is Sarah Izhaki, who has also been charged with illegally distributing adulterated and misbranded drugs.” She is set to be sentenced May 19.

Tuesday's hearing was conducted via Skype and Robinson was in Florida. His attorney asked that he be sent to a prison near his home in the Tampa area. There are four minimum-security federal prisons in the state.

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