Servis Sentencing Delayed from May 18 to July 26

The sentencing for barred trainer Jason Servis, the final–and most notoriously prominent–defendant in the 2020 racehorse doping conspiracy scandal, was rescheduled by a judge's order on Thursday, from May 18 to July 26.

The May 4 court order got handed down four years to the date that the Servis-trained Maximum Security (New Year's Day) crossed the finish wire first in the GI Kentucky Derby. The colt was subsequently disqualified for in-race interference.

Unbeknownst to Servis at the time, federal investigators had already begun compiling a trove of wiretapped phone conversations between Servis and other now-convicted horsemen, veterinarians, and pharmaceutical suppliers, 31 of whom were arrested and charged in a series of coordinated law enforcement sweeps in March 2020.

Even after being implicated by other guilty-pleading conspirators, Servis had maintained his innocence and held out for a trial until Dec. 9, 2022.

As part of a negotiated plea deal with the government, he then pled guilty to a felony charge of misbranding and adulterating a chemical substance (described by prosecutors as similar to the bronchodilator clenbuterol but stronger), and to a misdemeanor, of misbranding and adulterating a purportedly performance-enhancing chemical called SGF-1000.

Prosecutors had alleged (and other convicted conspirators had admitted their roles in) Servis's administration of SGF-1000 to Maximum Security during the first half of 2019, when the colt rose from being a $16,000 maiden-claimer to a Grade I winner.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) granted the sentencing date change at the request of Servis's attorney.

“I make this request for the following reasons,” attorney Rita Glavin wrote in a May 3 letter to the court. “First, the Apr. 27, 2023, Presentence Investigation Report contains numerous defense objections to certain factual assertions, as well as the Government's responses to the defense objections. Because of (i) the number of disagreements and (ii) the issues around those disagreements, the defense needs additional time to review documents and respond.

“Further, given the extent of the disagreements, the parties have scheduled time to meet and engage in a good faith effort to resolve as many disagreements as possible, such that if there remain disagreements, they can be streamlined and narrowed for the Court.

“Finally, I am lead counsel on another matter proceeding to trial in June 2023, which is why we seek a date later in July,” Glavin wrote.

The presentence investigation report is generally a public document that is available for anyone to access on the court's electronic docket. But the disputed one Servis's attorney referenced was not listed there as of deadline for this story.

Servis, 66, faces four years in prison when he is sentenced.

Prior to his plea deal, Servis had been scheduled to go on trial on two felony counts: Conspiracy to misbrand and adulterate performance-enhancing drugs, and conspiracy to commit mail and wire fraud. He would have faced 25 years in prison on those two counts if convicted.

The post Servis Sentencing Delayed from May 18 to July 26 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Fishman Asks for Yet Another Sentencing Delay

The veterinarian Seth Fishman–who is facing 20 years in prison, has an active motion asking for the first of his two convicted counts to be dismissed, and has already been granted one sentencing delay because he is allegedly having trouble filling out federal probation paperwork–again on Tuesday requested another delay of his sentencing.

The half-redacted letter motion filed by his attorney in United States District Court (Southern District of New York) on May 17 suggests that a COVID-19 outbreak where he is being detained at Metropolitan Detention Center in Brooklyn is the reason.

“Dr. Fishman's tier is currently in 'lockdown' status and, apparently, will remain in that position for the foreseeable future,” wrote attorney Maurice Sercarz.

Although the letter motion itself does not mention the pandemic in its unredacted portions, the internet home page for the prison features a prominent notice that “Operations are being modified at this facility due to COVID-19. All visiting at this facility has been suspended until further notice.”

Fishman was convicted Feb. 2 on two felony counts in an international equine performance-enhancing drug doping conspiracy. The judge in the case has yet to rule on Fishman's motion asking for the first of his two convicted counts to be dismissed on the basis that he was allegedly charged twice for the same crime.

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. Now he's requesting a new date in the range of June 20-24. Federal prosecutors have consented to this request, according to Tuesday's motion.

Although a number of defendants named in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first from a federal sweep of several dozen individuals indicted in 2020 to stand trial and to be found guilty by a jury.

Fishman's case has been notable thus far because of the breadth of his legal maneuverings and some courtroom drama, which included the Florida-based veterinarian being inexplicably absent from court during his sentencing. 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, the judge in Fishman's case modified his bail conditions after federal prosecutors alleged he was still selling PEDs while awaiting trial.

And in January 2022, one week before his trial was scheduled to start, Fishman had unsuccessfully asked the judge to delay the trial over concerns related to the COVID-19 pandemic.

The post Fishman Asks for Yet Another Sentencing Delay appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights