The Week in Review: Fishman’s Defense is Hard to Swallow

Indicted veterinarian Seth Fishman started to tell his story last week, both to a jury and to the Washington Post. Fishman, currently on trial in a federal courtroom in Manhattan for his role in a widespread scheme to dope racehorses, wants you to believe that he is an animal lover who was devoted to working for the benefit and health of the horses he treated. He wants you to believe that the drugs he dispersed were given to help and heal and not to improve performance.

“It will be for the government to prove that his intent and purpose was something other than limiting animal suffering.” Fishman's attorney Maurice Sercarz told the jury during opening arguments of Fishman's trial, which also includes his associate Lisa Giannelli.

The government has said otherwise, that he was a relentless horse doper, had close ties to Jorge Navarro and was obsessed with winning races and manufacturing drugs that were undetectable.

From Fishman's team, it's textbook stuff. Our client is misunderstood. There are two sides to every story. It's really horse racing that is dirty and not Seth Fishman.

The problem is, they don't have anything to back it up. The government has done its job and done it well. The original indictment includes a trove of evidence that Fishman was cold and calculating, cared nothing about the animal and would inject a horse with anything he could find if he thought it would help the horse win a race and collect a purse. Their claims are backed by a treasure trove of evidence.

According to the original indictment, after X Y Jet (Kantharos) won the G1 Dubai Golden Shaheen, Fishman sent a text congratulating Navarro. Navarro replied: “Thank u boss u are a big part of it.” The reference, allegedly, is to Fishman's role in procuring drugs for Navarro to use on X Y Jet, who later dropped dead.

There's more, and, from the indictment, the government's conclusion is that treating and healing horses were not a part of Fishman's play book, despite his position as a veterinarian. The indictment charges that Fishman “did not perform medical examinations, provide a diagnosis, or otherwise evaluate the medical necessity of providing PEDs in advance of selling PEDs. Indeed, the administration of those PEDs was not intended to be therapeutic, but rather to increase the chances of winning horse races.”

Sunday, we learned that the government is requesting to enter into evidence charges that Fishman was investigated in Delaware more than a decade ago after a standardbred died after being injected with one of his products.

Yet, it appears that Fishman is intent on portraying himself as a heroic figure. In a Washington Post story that ran Wednesday, the reporter writes that Fishman depicts himself as “a sort of racetrack St. Francis of Assisi.” He also told the Post that the reason he continued to fight the charges was because “I'm going to take one for the team of veterinarians.”

According to the Post, Fishman defied his lawyer's wishes when granting an interview to the paper. No doubt, his legal team can't be pleased with what was a rambling, strange interview in which he did himself no favors and didn't present any credible evidence that has been wrongly accused. Rather, he stuck to the “I'm really an animal lover, please believe me” defense.

He goes on to claim that what this is really all about is the sport trying to make itself more attractive to bettors by offering a cleaner product…as if that is a bad thing.

From the Post story: “Fishman claimed that the real motive of those seeking regulatory reform was to make the sport more palatable for bettors by eradicating any foreign substances–at the expense of the animals. “I don't think the veterinary world should have to answer to a gambling product that seems to be getting more and more corrupt, not less corrupt,” Fishman said. “The animals' needs need to be put before the gamblers' needs.”

In another weird exchange with the Post, Fishman said that in another case, the feds had asked him to wear a wire in an attempt to catch racetrack cheats. He refused to do so, telling the paper that “to make them happy I would have had to violate two of the Ten Commandments. Just say for biblical reasons I couldn't do it.”

The trial will continue Monday, and unless his attorney has some sort of unforeseen trick up his sleeve, it appears that the defense strategy will be more of the same. Their defense is weak, but that's likely because it's all that they have.

It means they are hoping the jury will ignore the evidence presented by the government and buy into Fishman's claims that he's, well, not such a bad guy. According to Pew Research, fewer than 1% of all federal criminal cases result in the defendant taking their case to trial and winning. The most likely scenario is that the self-described animal lover will come out on the losing end here and his future includes a stint in a federal prison.

In Doping Trial, Are New Names About to Surface?

The opening day of testimony in the Fishman-Gianelli trial included what may turn out to be a bombshell, courtesy of the government lawyers. Prosecutor Anden Chow told jurors that the government's case would include the testimony of trainers who bought Fishman's drugs.
It was unclear what exactly that means, but what if it means that trainers who were not included in the original indictment are about to step forward and admit they bought PEDs from Fishman? Surely, Fishman sold his goods to many others not included in the indictment. If any new trainers do come forward, it's likely they worked out a deal with the government to avoid prosecution. But if anyone comes forward and admits using illegal PEDs, they would surely face sanctions from tracks and racing commissions, which, very well, could mean a lifetime ban.
Stay tuned.

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Belgrade a Capital Investment for Next Kingdom

In terms of the luck so indispensable on the GI Kentucky Derby trail, Carl and Yurie Pascarella are perfectly aware that they have used up a lot of “credit”. Certainly they know just how fortunate they were, to have been in the Team Valor partnership that won the race in 2011 with Animal Kingdom (Leroidesanimaux {Brz}). And prior to that, Carl was CEO of Visa during its hugely successful association with the Triple Crown series, between 1995 and 2005 offering a $5-million bonus to anyone who could slake the industry's increasingly avid thirst for a successor to Affirmed.

Credit, however, resembles fire in the old axiom: a bad master, but a very good servant. That's true whether you're dealing with a bank, or Lady Luck. And in spending $700,000 for one of the headliners of the Keeneland January Sale, in debut winner Belgrade (Hard Spun), the Pascarellas were not so much pushing their luck as actually making a measured calculation.

After all, it would have been easy to spend that kind of money in the same ring last September, on a yearling colt with breeding and conformation that might feasibly support Derby aspirations. But with those youngsters never having even had a saddle on their backs, plenty of prospectors try to improve their odds by waiting to see whether they can sprint an eighth in 10 seconds under tack the following spring. In this instance, then, the Pascarellas have simply extended the same logic to land a colt much farther down the road, having won a Fair Grounds maiden in December by six lengths.

Be in no doubt, they are absolutely versed in–and reconciled to–the unpredictability of the Turf. In fact, they recognize precisely that as what makes the whole game captivating.

“Horseracing is a great ego leveller, a great field leveller,” says Carl. “People can pay $5 or $10 million for a yearling or 2-year-old and then see horses like Funny Cide (Distorted Humor) or Smarty Jones (Elusive Quality) come along and win the Derby. So you can't buy your way in. Well, you can try–but it's very humbling. And that's kind of fun. We know how very fortunate we were, with Animal Kingdom. But once you get bitten by that bug, believe me, you'd like to get back there.”

So the Pascarellas make sure they do their due diligence and then just hope for the best.

“It was more than we ever hoped to spend on a horse,” admits Yurie. “But we bought a couple of yearlings a few years back that had very good pedigrees, but didn't do well on the track. We breed a few of our own, but they're just a side thing we do for pleasure. So for several months we've been talking to our trainer Graham Motion, saying that if we want any traction on the racetrack, we might as well buy a horse that's already been running, one where we can know a bit more about the potential. But it's not been easy.”

It was Motion, of course, who did such a masterly job with Animal Kingdom.

“Coming up to this sale Graham had counselled us that, this year, any of these 3-year-olds that was looking good round a couple of turns, with the right kind of lineage, was going to be expensive,” says Carl.

A private offer was duly made for Belgrade, but owner Randy Bradshaw was already committed to public auction. Motion urged them to follow the horse through: he commended both Bradshaw and trainer Brendan Walsh as the types to give a horse a good grounding, and both had attested to the horse's quality and temperament.

“And in fact I think Randy Bradshaw broke Animal Kingdom at some point, so it was a connection we felt really good about,” Yurie says. “We liked that the horse had not been pushed too early, to make that maiden race. And when I watched the video, he just walked through the finish line. It was only six furlongs but he looked like he has lots more to give, running farther.”

Carl and Yurie Pascarella | Getty Images

The Pascarellas, who are based in San Francisco, were represented at the sale by Motion's racing manager Jane Buchanan.

“She was on the grounds for us and was very, very impressed when she saw the horse,” Carl says. “And while it's not like we're ultra-conservative, we vetted him like no horse has ever been vetted. And at the end of the day Jane came to us and said: 'You're not going to get him for even close to what we offered, pre-sale, but this boy has got it all. He's got good bone, good structure, good temperament.' And that last aspect is especially important to us: we know it doesn't mean everything, but being so close to Animal Kingdom, we knew that he was a smart horse and a tough horse, and how being so strong, mentally, was key to his success.”

Having been shipped from Fair Grounds to Lexington, and now to Motion's Tampa Bay division, Belgrade is being given time to regroup and settle in. And that feels instructive of the whole merit of this project: that this horse is assured respectful handling by his new connections.

Sure, Carl permits himself to hope that after a few breezes, and eventually a race to test the water, Belgrade might look eligible to try the competition somewhere with Derby starting points on the line.

“As you can tell, my husband has very high hopes,” interrupts Yurie teasingly.

“Of course, he may end up in Los Alamitos!” acknowledges Carl with a chuckle.

Belgrade won his Dec. 18 debut easily | Lou Hodges

“Maybe I tend to be a little more pragmatic,” says Yurie. “But we both leave it all up to Graham. We trust him so much, we certainly don't tell him what to do. So let's just see how the horse is, see what he's made of, see what suits him. Of course the 3-year-old Classics are the ultimate goal for any horse owner. But it doesn't happen very often, and we've already been very fortunate. What I really like is that Hard Spun is such a sturdy stallion: he produces horses that are durable. I prefer a horse to have longevity, as opposed to a quick dash to the goal, then nothing. So it's not the end of the world, if doesn't make those Classics. There'd still be Saratoga, still lots of opportunities for 3- and 4-year-olds, so hopefully he'll give us a lot of fun.”

No doubt the Pascarellas owe something of this seasoned perspective to the privilege of a world-class mentorship. Carl met Yurie, a Tokyo native, when he was heading up Visa's Asia-Pacific region and the couple was introduced to the Turf by the Yoshida family at Shadai Farm. The late Zenya Yoshida, that master horseman, would trot up a handful of yearlings and discuss their different characteristics with Yurie; and the Pascarellas entered regular partnership with his sons Katsumi, Haruya and Teruya.

“We'd race two or three horses a year together,” Carl recalls. “We had some great experiences, not higher than the mid-range but one of them ran until the age of seven or eight. So we cut our teeth with some phenomenal horse folks.”

That education resumed back in the United States after Carl, one Derby weekend, happened to be introduced to the president of ABC, who mentioned that the current sponsorship deal would end the following year. Carl went back to his head of marketing and gave him the number: he didn't know whether they wanted to be involved in something like this, but there would be no harm in giving the guy a call and hearing what he had to say.

Pascarella with Nick Zito during the Visa sponsorship | Getty Images

“I guess we were very fortunate at Visa, I always had Chief Marketing Officers that were smart and knew how to leverage the brand,” Carl reflects. “Under my tenure as CEO we signed the Olympics, we signed the NFL, we got into Broadway. And after vetting this idea through everything in the world, we said that this was the most watched two minutes in sport, and let's go for it. And you know, the Triple Crown was probably the biggest return that we ever got on our marketing or partnership investment.”

Just let that sink in a moment. When we consider all the problems besetting our sport, and its image, that tells us just how high the stakes can be, if only we can get it right.

“I know that we were incredibly lucky, in that we had horses going for the Triple Crown in six Belmonts in eight years,” Carl reflects. “But that basically meant that we owned the sport's airwaves, at the weekend and some days leading up to it, from April until June. So we started building around this: horse stories, jockey stories, trainer stories. And in the process we were able to lift horseracing, maybe not from a situation of negativity, but from a lack of awareness. Though I had very little to do with it, people always used to thank me for shining a light on horseracing in the United States–but Visa got so much out of it, too.”

The sponsorship lapsed after Carl left the firm in 2005, but not the couple's interest. Yurie has always adored horses, and rode dressage for 30 years, while a decade of ringside Triple Crown engagement had been too engrossing to suspend now. Alongside a long commitment to the San Francisco cultural scene–notably its ballet, fine arts museums and symphony orchestra–the Pascarellas embraced the kind of wonderful companionship they had found in the likes of Bob and Beverly Lewis, owners of Silver Charm (Silver Buck).

The Pascarellas describe Loren Hebel-Osborne of Louisville, in particular, as “invaluable in guiding us and sharing her vast experience in racing for nearly three decades,” and they have had a couple of fun partnerships together. But to land on Animal Kingdom with Team Valor was obviously an unbelievable dividend, taking them from the euphoria of Churchill to an exotic sequel at the Dubai World Cup, and his retirement to stud prompted investment in two or three broodmares that board at Hidden Brook Farm, Kentucky.

Animal Kingdom's 2011 Kentucky Derby win | Horsephotos

But the vital residue of that personal experience, for the Pascarellas, is one that neatly dovetails with the lessons available to our industry from Carl's professional experience, in his Visa days. And that's the imperative to invest in people like Motion, who allow us to present the sport to the wider world with clean hands. Without wishing to rock any boats, Yurie admits that racing in their home state has had too many damaging headlines for their horses to be stabled more conveniently. In broader terms, she hopes to see the industry make a collective effort to clean up its act.

“After all these scandals, we need positive headlines,” Yurie says. “It's often perceived as a crooked sport, and I hate that when we have trainers like Graham who do everything ethically. I don't want to go to the races and have to cover my eyes every time. Sometimes Graham's approach can be frustrating for my husband, because he will take his time when he sees that a horse is not to be pushed. But that's because he understands that if you do push them, they burn out. I'm not a big fan of babies running around when their bones are not set properly. You have to give these horses time to mature, time to grow up.”

“And, of course, there are a lot of owner-trainer relationships out there that are pure business,” adds Carl. “Sometimes even confrontational: we've watched some of that. But Graham is the kind of guy you like having a beer with. It's the same with [Motion's wife] Anita, we like them, we meet them socially, they're great family people. If you can't have that kind of relationship with the people directing your course, then you might as well not do it. The idea is to enjoy the experience. We feel very lucky to have had the introduction to Graham, through 'A.K.', and to be able to grow that relationship.”

The Pascarellas prize Motion's honesty even when it extends to uncomfortable candor. As Carl says, he “doesn't sugarcoat”. In the past, he has told them that he couldn't keep taking training fees with a clear conscience when a horse has shown a transparent aversion to its calling. Whatever its level of ability, moreover, trainer and owners alike insist on being uniformly accountable for aftercare.

So the Pascarellas know that they can trust their man not only to maximize the potential of Belgrade, but also to give them a reliable sense of what kind of investment they may have made.

“We're very excited,” says Yurie. “I can't wait to go see him. He sounds like a cool guy, apparently he came out of the trailer into his new environment cool as a cucumber. It seems like he has a good mentality, so let's see how that translates onto the track and how he handles the pressure from now on. It's still early, but we're looking forward to making this journey with him.”

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‘Let’s Talk’ Delves Into Jockeys’ Mental Health

Sponsored by 1/ST Racing

   The TDN's 'Let's Talk'–a podcast series featuring TDN's Christina Bossinakis and TVG's on-air analyst Gabby Gaudet, offers candid discussion on personal, and sometimes difficult, topics that are often uncomfortable for many to speak about in an open forum.

   The latest edition presents a trio of successful jockeys–Journeyman John Velazquez and retired Ramon Dominguez–both in the Hall of Fame–in addition to retired rider Richie Migliore, currently serving as a NYRA and FOX Sports on-air analyst.

Few will dispute the fact that jockeys are the iron warriors of horse racing. Physical danger is a very real part of the every day existence of a rider, as is the continual adversity they are forced to endure and adapt (and react) to.

“You really don't know what is going to happen,” admitted Dominguez. “It's different, perhaps for a jockey or it is magnified compared to other athletes, mostly because the athletes prepare and train for a specific game or perhaps for a season. Jockeys have a never-ending season–year-round racing. Even if you have a great business, doing well and had an amazing day, you have to turn the page. Because tomorrow, you can fall into a slump and things change. That [concern] is always in the back of your mind.”

Having faced more than his share of adversity, Migliore retired from the saddle in 2010, and Dominguez followed suit three years later after also facing a career-ending injury. Velazquez, who continues to compete at the highest level at age 51, also faced serious injury at several junctures in his career, however found himself among those fortunate to return to the saddle, time and again.

 

 

“For every jockey, for every athlete, there's a last ride, there's a last at bat, there's a last play,” said Migliore. “And if you're fortunate, you get to choose when that last ride is like Chris McCarron, Jerry Bailey and Pat Day. They accomplished amazing things and they made a decision that it was time to step away. The vast majority of riders don't get that opportunity. So, I tell young riders there will be a last ride and, hopefully, you get to choose last. But that's why you owe it to yourself to make the most out of the time you are able to ride.”

While the physical stress and adversity that riders face are well documented, the emotional difficulties that jockeys often face can be as prevalent, although not as easily observed by the masses.

“Unlike Ramon who was in the midst of his prime, I was in the back nine, the twilight of my career,” added Migliore. “Physically, I wasn't what I once was. Mentally, I could still see a race well, still had a great judge and feel of horses, but I certainly wasn't in what I would call my prime. Even though it was, admittedly, towards the end, I was 44 when the accident happened, and it still sent me into a deep, dark place. I went into a deep depression. Not originally when I first got out of the hospital, but when I was home. I didn't feel good, and I didn't care. I didn't care about horse racing or riding. Three or four months later when I started to feel better, and the reality was 'you're never going to do that again,' I really got depressed.”

It is widely understood that the challenges facing riders can be great, however, unity in racing can be equally strong, a bond reinforced by the necessity of taking care of one's own.

“It's funny because I always felt I had support,” said Velazquez. “And you always have the doubters, though. But I always focus on the people who want to give me the opportunity and forget about those, those people who doubted me from the get-go.”

And that support extends to the next generation of riders, which Velazquez admits is an important factor in keeping the playing field safe and equitable for the entire jockey colony.

“The more you teach those kids, the safer it is for you to ride,” he said. “You want to ride with the more knowledgeable rider rather than the kids that are more reckless. The ones who don't want to listen or to learn are the ones that make it scary to ride with. They want to learn the hard way. So, you have to show them the right way.”

To listen to the audio only version of 'Let's Talk,' click here. For the video version, click here.

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Sunday’s Racing Insights: Flashy Fillies Seek Diplomas at Oaklawn

Sponsored by Alex Nichols Agency

6th-OP, $84K, Msw, 3yo, f, 6f, 3:51 p.m. ET
The first of two strong-looking groups of sophomore fillies line up here in Hot Springs. Brad Cox-trained second timer Firewolves (Practical Joke) gets the tepid morning-line nod coming off a runner-up outing over track and trip Dec. 3 that earned her a 75 Beyer Speed Figure. The $140,000 Keeneland September yearling is half to MGSP Tap for Luck (Tapit) and to the dam of GSW/GISP Jeltrin (Tapizar).

Peace Peddler (Gun Runner) set a solid pace in her unveiling Dec. 18 before finishing third behind a pair of pricey foes. A $200,000 KEESEP pick-up, she is out of Canadian champion older mare and MGSW Embur's Song (Unbrided's Song) from the family of Classic winner Exaggerator (Curlin).

Xtreme Gem (Tapit), a daughter of GISW juvenile Gomo (Uncle Mo), also makes her second start. The $475,000 FTFMAR RNA and $625,000 Fasig Midlantic seller (:10 1/5) was fourth after taking some money in an off-the-turfer at Keeneland in October (re-opposing Madelyn's Magic {Hard Spun} was second that day). She now gets the addition of Lasix and blinkers for the Mac Robertson barn.

Among the noteworthy newcomers signed on is Courtlandt Farm's $500,0000 FTKSEL purchase Campaigning (Nyquist). The Steve Asmussen pupil is half to GSP Aurelia Garland (Constitution) out of a daughter of 2002 GII Alcibiades S. winner Westerly Breeze (Gone West).

Alex Venneri homebred Decade of Dreams (American Pharoah) is half to versatile GISW and young sire Midnight Storm (Pioneerof the Nile). Muse (Into Mischief) is out of a half-sister to last year's GI Jockey Club Gold Cup hero Max Player (Honor Code). TJCIS PPs

9th-OP, $84K, Msw, 3yo, f, 6f, 5:13 p.m. ET
Alex and JoAnn Lieblong's $475,000 KEESEP acquisition Hot and Sultry (Speightster) leads the split division of the aforementioned sixth race. The Steve Asmussen representative finished up well to be a strong second in the mud here Dec. 18. A half to SW and GSP turfer Tracksmith (Street Sense), her third dam is brilliantly fast GISW and champion Xtra Heat (Dixieland Heat). Chesterette (Practical Joke), who cost $300,000 at OBS April off a :9 4/5 bullet, was fourth in that same race. The $165,000 KEESEP yearling's dam Jenny's So Great (Greatness) was a graded winner on the turf.

Charles Matses homebred Beguine (Gun Runner) was third first out against three-and-ups Jan. 7. Out of a stakes-winning juvenile, she's half to GSW/MGISP Favorable Outcome (Flatter), last year's G3 UAE 2000 Guineas winner Mouheeb (Flatter) and SW/MGSP Bellamentary (Bellamy Road).

Comedy Act (Practical Joke) was fourth behind the subsequent Gowell S. runner-up after setting solid splits at Churchill Nov. 28. She was a $77,000 September RNA and $165,000 Fasig-Tipton Midlantic juvenile (:10 1/5). Little Mombo (Into Mischief) was also fourth on debut after showing early zip–this one locally Dec. 3. Rigney Racing's $500,000 KEESEP buy is out of a stakes-placed turf router from the family of GSWs Nany's Sweep, Economic Model and Well Monied.

Bicameral (Constitution), bought for $100,000 at the Fasig-Tipton Select Yearling Showcase, cuts back after finishing far back on the stretch out Dec. 17. She was previously third in the GI Del Mar Debutante.

Joe Sharp-trained $200,000 FTKOCT buy Heartyconstitution (Constitution) is half to GSW sprinter Chateau (Flat Out). China Horse Club homebred Scripps (Curlin), bought back for $75,000 at September, is out of two-time Grade II winner Spelling Again (Curlin). TJCIS PPs

8th-SA, $69K, Alw/OC ($50K), 4yo/up, f/m, 1m, 7:13 p.m. ET
Pegram, Watson and Weitman's late on the scene $385,000 Keeneland September purchase Distractedprincess (Distorted Humor) looks to go two-for-two here for Bob Baffert. The daughter of Brazilian Horse of the Year Celtic Princess (Brz) (Public Purse) crushed three foes by 13 lengths here going seven furlongs Dec. 31. She's just 1-5 on the morning line while spotting her competition significant experience. TJCIS PPs

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