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Fishman Asks for Sentencing Delay

The veterinarian Seth Fishman, who is currently incarcerated at Metropolitan Detention Center in Brooklyn after being convicted Feb. 2 on two felony counts in an international performance-enhancing drug (PED) racehorse doping conspiracy, had his lawyer ask a federal judge on Thursday to push back his May 5 sentencing because he is having trouble filling out required paperwork.

Fishman is facing 20 years in prison, and he also has an active motion before the same judge 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.

According to a one-page letter filed Apr. 7 by attorney Maurice Sercarz in United States District Court (Southern District of New York), Fishman “did not receive the financial forms that he must fill out prior to sentencing until the last week in March. Dr. Fishman's financial circumstances are complex and he does not have access to all of the records he needs in order to properly fill out the forms.”

The letter continued: “The Probation Department informs me that without Dr. Fishman's financial records, they cannot provide me with a draft Presentence Report. Thus, Probation was unable to provide the requisite draft Presentence Report (PSR) within 35 days of the May 5, 2022, sentencing date pursuant [to federal rules].

“Accordingly, I am requesting an adjournment of Dr. Fishman's sentencing date for approximately three weeks. This should afford him adequate time to complete the financial reporting requirements as best he can under the circumstances, and put us back on track to have the PSR disclosure process completed in time for sentencing.”

Sercarz wrote that he has informed federal prosecutors of the delay, and that they have no objection to the request to push back the sentencing.

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.

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Feds Fight Fishman Attempt to Merge Convicted Counts

Federal prosecutors on Wednesday filed a formal opposition to convicted veterinarian Seth Fishman's recent attempt to dismiss Count One of his two racehorse doping convictions. Fishman is arguing that he was essentially tried twice for the same crime, because the first count was contained within the second, much broader conspiracy.

The feds see it differently: “While there are notable foundational similarities between the two conspiracies, namely, the aim of moving drugs interstate to corruptly improve racehorse performance, the focus and scale of each conspiracy differed significantly,” stated the government's Mar. 30 filing in United States District Court (Southern District of New York).

Fishman was convicted Feb. 2 and faces 20 years in prison upon sentencing May 5. His “multiplicity“ motion from Mar. 8 aims to get his two convictions merged so that only a single sentence will be imposed.

Fishman, along with six other veterinarians, 11 trainers, and nine others, was charged in 2020 with being a key figure in an international network of purported performance-enhancing drug (PED) suppliers who allegedly conspired to dope racehorses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

Count One alleged a four-year conspiracy (2016-20) with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others. Count Two alleged a broad, 18-year conspiracy (2002-20) with Lisa Giannelli, Jordan Fishman, Rick Dane, Jr., and unnamed others based on Fishman's Florida online drug-peddling portal.

“The Fishman and Navarro conspiracies differed in many major aspects,” the filing stated. “In short, the Navarro Conspiracy was focused on the administration and success of Navarro's doped racehorses, which were drugged using PEDs from a multitude of sources. The Fishman Conspiracy, by contrast, centered on Fishman's business operations through his company, Equestology, through which he created, produced, marketed, and sold a multitude of drugs…“

“Fishman's role was different in each conspiracy,“ the feds explained. “Fishman was a supporting player in the Navarro Conspiracy; he was not Navarro's sole supplier, as Navarro procured drugs from a number of different individuals, both veterinarians and laypeople. Nor did Fishman occupy a leadership role in the Navarro Conspiracy, as shown by all the evidence adduced at trial.

“Conversely, Fishman undeniably helmed the Fishman Conspiracy, with substantial direction and support from Giannelli, who independently managed significant aspects of the Fishman Conspiracy, and played no role in the Navarro conspiracy. Thus, any overlap in participants is of minimal relevance considering the leadership and membership of Counts One and Two.“

The timing of the crimes is another issue raised by prosecutors.

“The Fishman Conspiracy lasted for approximately two decades, while the Navarro Conspiracy took place in just a few years of that time period. The Government charged both conspiracies simultaneously; as such, this factor does not meaningfully support a double jeopardy challenge,“ the opposition filing stated.

“Even basic similarities in operations or goals–i.e., racehorse doping–do not necessarily collapse two separate counts into one where there are such striking differences in the goals and personnel involved in these operations.“

Fishman had argued differently: “As relevant here, a multiplicitous indictment 'charges the same crime in two counts,' when 'only one crime has been committed' in 'law and fact,“ his Mar. 8 filing stated. “The government thus presented an integrated, 'overall' agreement with one primary object–trafficking in prohibited substances designed to boost racehorse performance and avoid regulatory detection–that violated a 'single statute' over a lengthy period.“

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Two Years After the Indictments, Where Are They Now?

It may seem like yesterday, but the bombshell that was the announcement that more than two dozen people had been indicted for their alleged role in a horse doping scheme was made exactly two years and two days ago. What has happened to the 29 individuals since the day that shook horse racing to its core?

Here's a rundown:

Jorge Navarro: Navarro pled guilty to one count of drug alteration and misbranding and was sentenced to five years in prison, the maximum allowable sentence. Judge Mary Kay Vyskocil was not the least bit sympathetic when Navarro blamed his juicing on the pressure he was under to win races and went so far as to say she wished she were able to sentence him to more than five years. In addition to the prison sentence, Navarro was ordered to payment of restitution in the amount of $26,860,514, reflecting winnings obtained through his fraudulent doping scheme. He is expected to begin his stay in prison as early as next week.

Jason Servis: Has not entered a guilty plea and seems intent on fighting this to the end. In November, in a superseding indictment, the government tacked on the extra charges of mail and wire fraud conspiracy. The maximum sentence under federal guidelines for the charge is 20 years. His trial has been delayed and is not expected to occur until the first quarter of 2023. He is represented by the high-profile attorney Rita Glavin, who also represented Andrew Cuomo, who resigned amid accusations of sexual harassment.

Louis Grasso, Donato Poliseno, Conor Flynn, Thomas Guido, Rene Allard and Richard Banca: The defendants come from the harness industry and are under an indictment that is separate from the Servis-Navarro indictment. Grasso is a veterinarian, who, the government charges supplied adulterated and misbranded PEDs to trainers. The others are all trainers. All six have been charged with one count of drug adulteration and misbranding and have maintained their innocence. Their case goes to trial June 27.

Erica Garcia and Michael Tannuzzo: Tannuzzo was a NYRA-based trainer with a small stable who, allegedly, helped supply Navarro with drugs. Garcia is a veterinarian who also faces charges that she helped procure drugs for Navarro. Their trial is slated for December.

Marcos Zulueta: A Parx-based trainer who was winning at a 31% clip before being indicted, has pled guilty and has been sentenced to 33 months. He also assisted Navarro in obtaining PEDs. Has not yet reported to prison.

Gregory Skelton: An Indiana-based veterinarian, he is no longer under indictment.

Seth Fishman: The Florida veterinarian ran a large scale operation that manufactured and sold PEDs, Fishman went to trial and was found guilty after the jury deliberated for less than two days. He was convicted on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS and faces up to 20 years in prison. He was absent from the court room for the last two days of his trial and his absence has yet to be explained. He will be sentenced May 5.

Lisa Gianelli: Assisted Fishman. Her trial was postponed after her lawyer came down with COVID.

Ross Cohen: Is no longer under indictment and testified against Fishman.

Chris Oakes: A prominent harness trainer who used drugs on his own horses and also supplied Navarro with drugs, pled guilty and was sentenced to three years. His sentence will begin June 1.

Nick Surick: Another prominent Standardbred trainer, he is no longer under indictment.

Jordan Fishman: A Massachusetts-based drug manufacturer, he pled guilty and was sentenced to 15 months.

Rick Dane, Jr.: A harness trainer, he has pled guilty and has not yet been sentenced.

Kristian Rhein: A veterinarian based in New York, he sold SGF-1000, the drug that Servis was allegedly using on his horses. He was sentenced to three years and is serving his terms at FCI Fort Dix.

Michael Kegley, Jr.: A sales director for a company that sold PEDs, Kegley was sentenced to 30 months and is serving his term at FCI Ashland.

Alexander Chan: Like Servis, mail and wire fraud charges have been tacked on to the original indictment and he faces up to 20 years in prison. Allegedly procured drug for Servis. His trial has been postponed until 2023, when he will be tried along with Servis.

Henry Argueta: Servis' former assistant, he is no longer under indictment. Would come as no surprise if he were to testify against his old boss.

Scott Robinson: A drug supplier, he pled guilty and was sentenced to 18 months and is serving his sentence at FCI Coleman Low. Granted an interview from prison to the TDN and said he had “thousands of customers.”

Scott Mangini: A drug manufacturer and a former partner with Robinson, was sentenced to 18 months and Is serving his sentence at FPC Pensacola.

Chris Marino: The harness trainer is no longer under indictment.

Sarah Izhaki and Ashley Liebowitz: A mother and daughter team who appeared to be minor players in the scandal. Izhaki pled guilty and was sentenced to time served plus three years of supervised release. Her daughter, Leibowitz, entered into a non-prosecution agreement with the government.

Rebecca Linke: A New Jersey-based veterinarian, Linke entered into a deferred prosecution agreement with the government. The charges in the indictment will be dismissed if she complies with all the rules, regulations and special conditions of the agreement.

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Fishman Wants Court to Merge Two Convictions

Thirty-four days after being found guilty by jury trial on two felony counts of conspiring to violate adulteration and misbranding laws in the nationwide racehorse doping case, the Florida-based veterinarian Seth Fishman made a motion in federal court asking for the first of those counts to be dismissed on the basis that it is allegedly “multiplicitous of” (already contained within) the second, much broader conspiracy.

Fishman's Mar. 8 filing in United States District Court (Southern District of New York) is likely the first of several legal steps leading to a formal appeal of his convictions. He faces 20 years in prison upon sentencing May 5.

“As relevant here, a multiplicitous indictment 'charges the same crime in two counts,'” Fishman's letter motion stated, “when 'only one crime has been committed' in 'law and fact.'”

Fishman's filing–almost two years to the date of his Mar. 9, 2020, arrest–argued that the dual counts could lead to “multiple sentences for the same offense,” and that the two counts might have “improperly prejudice[d] a jury by suggesting that a defendant has committed not one but several crimes.”

Fishman, along with six other veterinarians, 11 trainers, and nine others, was charged with being a key figure in an international network of purported performance-enhancing drug (PED) suppliers who allegedly conspired to dope racehorses in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates.

“The indictment in this case accused Dr. Fishman of participating in overlapping but ostensibly independent conspiracies to illegally distribute a variety of customized PEDs–untestable, adulterated and misbranded–to racehorse owners and trainers in America and abroad,” Fishman's motion stated.

“Count Two alleged a broad, 18-year conspiracy–lasting from 2002 through 2020–with Lisa Giannelli, Jordan Fishman, Rick Dane Jr. and unnamed others. Count One alleged a subsidiary, four-year conspiracy–lasting from 2016 through 2020–with Jorge Navarro, Erica Garcia, Marcos Zulueta, Michael Tannuzzo, Christopher Oakes and unnamed others…

“Yet throughout the trial–from the start of the prosecutor's opening to summation–the government framed the case as one involving 'a single, ongoing conspiratorial' agreement: namely, an encompassing 18-year arrangement among Dr. Fishman, his employees, suppliers and customers to manufacture, buy and sell the same menu of adulterated and misbranded PEDs through Dr. Fishman's company, Equestology LLC, rather than 'two separate schemes operating independently…'

“The government thus presented an integrated, 'overall' agreement with one primary object–trafficking in prohibited substances designed to boost racehorse performance and avoid regulatory detection–that violated a 'single statute' over a lengthy period.”

The filing continued: “Perhaps most significant, the government's summations graphically confirmed its mixing and matching the charged conspiracies–its blending their vague contours, blurring their fuzzy boundaries and otherwise presenting the two as an interwoven, indivisible whole…

“Even more striking, the prosecutors opted to address the charges in 'reverse,' starting with the sprawling conspiracy alleged in Count Two [before finally getting around to] Count One…

“On this record–even when construed most favorably to the government and drawing all inferences in its favor–the only plausible conclusion is that the lesser conspiracy charged in Count One was 'simply a species' or subset of the greater one alleged in Count Two.”

Fishman's multiplicity motion suggested a remedy of merging his two convictions so that only a single sentence will be imposed.

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