‘Grow Some Balls, Juice Him Up’: In Pre-Sentencing Letter, Prosecutors Say Tannuzzo Learned From Navarro Doping Program

Jorge Navarro, the admitted cheater who last December was sentenced to five years in federal prison for his role in a wide-ranging horse-doping scheme busted by the FBI, appeared to be something of a mentor to fellow Thoroughbred trainer Michael Tannuzzo.

Like mentors often do, Navarro challenged Tannuzzo to be the best he could be. He offered advice on how and when to administer various illegal performance-enhancing drugs to get the best effect and to avoid detection by testing laboratories.

In the end, however, Navarro said it was up to Tannuzzo.

“Grow some balls,” Navarro said to Tannuzzo in a text message after offering to administer clenbuterol to one of Tannuzzo's horses. “Juice him up.”

“OK,” Tannuzzo responded, according to a pre-sentencing letter submitted by federal prosecutors to Judge Mary Kay Vyskocil, who will determine whether Tannuzzo will go to prison and for how long. Tannuzzo pleaded guilty in July to one count of drug adulteration and misbranding as part of a plea agreement.

At his change of plea hearing (which came after the court denied motions to dismiss and to suppress evidence, and after two other defendants were convicted in a jury trial), Tannuzzo downplayed his own cheating.

“Tannuzzo stated – despite evidence to the contrary – that his conduct consisted of connecting a trainer (“Trainer-1”) with co-defendant Ross Cohen for the purpose of enabling Trainer-1 to purchase 'Monkey,' a drug Tannuzzo claimed he 'never used.' …

“Tannuzzo selectively admits to certain of his offense conduct, then insists that he did not ever personally administer PEDs to a horse, and that he only 'banter[ed]' but did not take 'actual action.'”

Prosecutors said Tannuzzo's “narrative … belies the scope and extent of his offense conduct.”

The pre-sentencing letter said Tannuzzo “routinely” obtained blood builders like “Monkey” from Cohen and sought PEDs from Navarro and also assisted in the latter's doping program.

“Tannuzzo was not merely a spectator to Navarro's doping,” prosecutors wrote. “Tannuzzo used Navarro to gain insight and access to PEDs beyond those Tannuzzo was independently procuring.”

In one intercepted conversation between Navarro and Tannuzzo, Navarro explained how to administer a product he was told was similar to the blood-doping agent EPO.

“Here is what I want you to do, Mikey,” Navarro said. “Tomorrow, you pull the blood as soon as the vet turns around. This powder you mix it with 2ccs of water. … Alright so you mix and then you give it to the vein, whatever you mix it with 2ccs, 2.5 ccs, 3ccs, doesn't matter. Alright, so tomorrow is Friday. Saturday I want you to come in and give her a build-up. Monday, I want you to come and give her a build-up. Wednesday, I want you to come and give her a build-up. Okay.

“But this is the generic,” Navarro said, apparently referring to a compounded product. “The real (EPO) you got three days. Alright, that's why Nick Surick (co-defendant due who also pleaded guilty and is due for sentencing in December) called me, 'Jorge, I'm in trouble, I did the real one, what do I do?' I said they can't pull blood the first three days. The fourth day, they see a cloud, but they don't know what the fuck it is.”

Navarro was referring to how long after administering the FDA-approved EPO, or erythropoietin, it is detectable in drug tests. Prosecutors said Surick had administered EPO to a racehorse shortly before the New Jersey Racing Commission showed up to take out-of-competition samples for the horse. He then directed his staff to try and hide the horse from regulators.

Prosecutors also said Tannuzzo obtained the adulterated and misbranded drug SGF-1000 from co-defendant Kristian Rhein. In an intercepted conversation with Tannuzzo on June 29, 2019, Rhein explained the potency of the drug and how and when to administer it in advance of a specific race in which a Tannuzzo runner would be entered.

“Pop him with this thing though before he runs,” Rhein said. “You know, three, four days, doesn't matter. Whatever you want. I mean but just – it doesn't need anything else.

“Just give it and he will come out of there (like) he was shot out of a fucking gun.”

When the two spoke June 30, 2019, Rhein said an injection could be done three to four days before a race.

“I gave it to him today,” said Tannuzzo. “That's only six days out.”

According to Equibase, Tannuzzo ran two horses six days later. On July 6, 2019, Flying P Stable's Rocket Heat finished second at 8-1 odds in the Grade 3, $200,000 Parx Dash. That same day, Flying P Stable's Rockford finished second as the 8-5 favorite in a $12,500 claiming race at Monmouth Park.

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“Tannuzzo's efforts to obtain the aforementioned drugs was not mere 'banter,'” prosecutors wrote. “The defendant's self-serving claims in his sentencing submission that he did not ever 'follow through and dope horses' in light of his conversations and efforts to obtain PEDs defies common sense.”

The government is recommending a prison sentence of between 30 to 36 months. Sentencing is scheduled for 2 p.m. ET on Monday, Nov. 21, in U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, N.Y.

The post ‘Grow Some Balls, Juice Him Up’: In Pre-Sentencing Letter, Prosecutors Say Tannuzzo Learned From Navarro Doping Program appeared first on Horse Racing News | Paulick Report.

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Harness Trainer Facing 180-Day Suspension Over Four TCO2 Positives At Red Mile

Harness racing trainer Patricia Brewer is facing a $3,000 fine and 180-day suspension after four of her trainees came up positive for TCO2 within 10 days at the Red Mile in Kentucky, according to last week's fines and suspensions bulletins issued by the United States Trotting Association.

It is not known whether Brewer will appeal.

The four positive tests were as follows:

  • Oberlin, finished fourth in the 11th race on Sept. 19, 2022; TCO2 registering a level of 39.45 ml/l; Brewer fined $1,500 and suspended for 90 days 11/07/2022 through and including 02/04/2023; purse money of $624 forfeited.
  • Big John Houn, finished fourth in the 11th race on Sept. 19, 2022; TCO2 at a level of 40.25 ml/l; Brewer fined $1500 and suspended 90 days 02/05/2023 through and including 5/05/2023; purse money of $390 forfeited.
  • Tobie Lou, finished off the board in the fifth race on Sept. 29, 2022; TCO2 registering a level of 39.05 ml/l; no further penalty assessed since horse raced prior to Brewer receiving notice from the testing laboratory of a previous TCO2 violation and horse did not earn purse money.
  • Skyway Trooper, finished fifth in the eighth race on Sept. 29, 2022; TCO2 at a level of 38.05 ml/l; purse money of $425 forfeited; no further penalty assessed since horse raced prior to Brewer receiving notice from the testing laboratory of a previous TCO2 violation.

Kentucky and Louisiana became the last states to outlaw manipulation of TCO2 levels in the 1990s, and California started testing for elevated levels in 2004.

TCO2, or total carbon dioxide, is present in horses naturally as a result of normal metabolic processes. When someone tries to manipulate TCO2, they're hoping to increase TCO2 levels and decrease lactate levels. Lactate is the byproduct of aerobic exercise and causes muscles to feel tired.

Milkshaking, one method of trying to artificially manipulate TCO2, involves delivering a dose of sodium ions along with bicarbonate, commonly from an ingredient like baking soda. This is intended to elevate TCO2 and therefore reduce lactate as the horse's body works to keep everything in balance. Milkshaking is thought to have crossed into Thoroughbred racing from the Standardbred world in the late 1980s. The practice gets its name from the slurry consistency of the paste delivered directly to the horse's stomach via a nasogastric tube.

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‘Animal Abuse In The Service Of Greed’: Vet Grasso Sentenced To 50 Months In Prison For Racehorse Doping

Damian Williams, the United States Attorney for the Southern District of New York, has announced that defendants Louis Grasso, Richard Banca, and Rene Allard were sentenced to 50 months in prison, 30 months in prison, and 27 months in prison, respectively, for their roles in distributing adulterated and misbranded drugs in service of a racehorse doping scheme.

Each defendant previously pled guilty to felony drug misbranding and adulteration charges. U.S. District Judge P. Kevin Castel imposed the sentences in Manhattan federal court.

U.S. Attorney Damian Williams said: “Illegally doping racehorses is animal abuse in the service of greed.  Such corruption threatens the health of racehorses and undermines the integrity of the sport.  Today, three defendants have been sentenced for their roles in perpetuating, and profiting from, the mistreatment of animals.  The sentences each defendant received appropriately reflects the seriousness of these offenses in the eyes of the law.”

According to the statements in the Superseding Indictment, charging instruments, other filings in this case, and statements during court proceedings:

The charges in the Grasso case arise from an investigation of widespread schemes by racehorse trainers, veterinarians, distributors of performance enhancing drugs (PEDs), and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States, all to the detriment and risk of the health and well-being of the racehorses. Grasso, a veterinarian, not only accepted payment in exchange for prescriptions for powerful and medically unnecessary PEDs, but he also created, distributed, and administered custom-made PEDs that were all misbranded and adulterated substances designed solely to improve racehorse performance. Through this fraudulent scheme, Grasso helped corrupt trainers collect over $47 million in ill-gotten purse winnings.

As standardbred racehorse trainers, Banca and Allard purchased and administered adulterated and misbranded drugs to racehorses under their control, and as a result of their crimes, their horses earned approximately $16 million and $25 million in purse winnings, respectively. Banca and Allard stood to profit from the success of racehorses under their control by earning a share of their horses' winnings and by improving their horses' racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control.

In addition to their prison terms, Louis Grasso, 65, of Pine Bush, New York, was sentenced to two years' supervised release. Richard Banca, 47, of Middletown, New York, and Rene Allard, 35, of Canada, were each sentenced to one year of supervised release. Louis Grasso was further ordered to pay restitution in the amount of $47,656,576.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation New York Office's Eurasian Organized Crime Task Force and its support of the Bureau's Integrity in Sports and Gaming Initiative. Mr. Williams also thanked the Food and Drug Administration for their assistance.

This case is being handled by the Office's Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi and Anden Chow are in charge of the prosecution.

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Far Mo Power Connections Sue Over Decision To Deny Appeal Of Parx Dirt Mile DQ

Joseph Sutton and Louis Linder Jr., respective owner and trainer of Far Mo Power, have sued Pennsylvania Horse Racing Commission executive Thomas Chuckas over his decision to deny an appeal hearing to reconsider the horse's disqualification in a Sept. 24, 2022, stakes at Parx Racing.

Far Mo Power, a 12-1 longshot, finished first by a neck in the $200,000 Parx Dirt Mile Stakes on the Pennsylvania Derby day card at the Bensalem, Pa., track, but was disqualified by stewards for interfering with Mind Control, the 3-5 favorite owned by Red Oak Stable and Madaket Stables and trained by Todd Pletcher. The Equibase chart shows that the two horses were engaged in a tight battle from the quarter pole to the wire, with Mind Control – ridden by John Velazquez – putting his head in front at the furlong pole and Far Mo Power rallying to prevail after drifting out and brushing his rival when hit left-handed with the whip by jockey Dexter Haddock.

According to the complaint filed by attorney Alan Pincus in U.S. District Court for the Middle District of Pennsylvania, Linder “sought advice from the horseman's group at Parx as to how to appeal pro se and was given a form prepared by the commission for such appeals.”

The form was notarized on Sept. 26 and submitted to the commission.

On Sept. 30, Chuckas, director of the Pennsylvania commission's Thoroughbred bureau, issued an order denying a hearing based on the reasoning that Linder “failed to set forth in numbered paragraphs a concise statement of all the factual and legal grounds upon which the hearing was requested.”

The appeal form, on Pennsylvania State Horse Racing Commission letterhead, had four lines available for the appellant to state reasons for the appeal and suggested a blank paper may be used if more space is needed. Linder wrote “No Foul Occurred” in the space asking for reasons for filing the appeal

“This should appear concise to anyone,” the lawsuit states.

The complaint adds that, “Upon information and belief the commission has never rejected a hearing from anyone who used the commission's form. Upon information and belief the commission has never rejected a hearing from anyone who failed to use numbered paragraphs.

“In all meaningful ways Linder's appeal conformed to the relevant rules,” the complaint added, then provided information about a Sept. 29 ruling concerning trainer Juan Vazquez.

In that ruling, the complaint said, “The commission stated in a footnote 'Appellant's appeal failed to comply with 179.7(a) (1) of the commission's regulations in that appellant failed to set forth a statement of all the factual and legal grounds upon which the hearing is requested. Nevertheless, in the interest of fairness, the commission granted the appeal in this matter and conducted a de novo hearing.'”

The complaint then added, “Thus somewhere between Sept. 29 and Sept. 30 the interests of fairness disappeared from the commission and were not considered in denying plaintiffs' appeal.”

Chuckas' actions were called “arbitrary and capricious and designed with the specific intent to deprive plaintiffs of their Due Process Rights.”

Plaintiffs are seeking a ruling to the effect that Chuckas deprived them of Due Process, an order requiring the commission to provide a hearing, and costs and disbursements including attorney's fees.

 

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