First Trial In Federal Drug Misbranding Case Will Likely Come In January

After a long series of delays, it seems the first trial in the federal drug adulteration and misbranding case may now come sometime in January 2022, per a status conference held on Sept. 15. Attorneys and defendants gathered both in person in the Southern District of New York and telephonically to coordinate scheduling for the first in a series of trials.

The defendants who remain in the active case (excluding those who have changed their pleas to guilty or those left off the superseding indictment in November 2020) have been divided into four groups delineating which will be tried together.

According to a document filed June 11, the groups are–

Group 1: Seth Fishman, Lisa Giannelli, Jordan Fishman
Group 2: Christopher Oakes, Marcos Zulueta, Rick Dane Jr.
Group 3: Dr. Erica Garcia, Michael Tannuzzo, Dr. Rebecca Linke
Group 4: Jason Servis, Dr. Alexander Chan

The case has been dogged with delays due in large part to the amount of evidence provided from federal investigators to the defendants, which now exceeds many terabytes and thousands of pages of information.

U.S. District Judge Mary Kay Vyskocil heard arguments from defense counsel regarding the projected date for the first trial. Originally, she had expressed a desire to conduct the first trial sometime in late 2021, but attorneys for Group 1 had conflicts with other trials being held in December. She suggested a gap had opened up in her calendar for Nov. 3 of this year, but defense attorneys balked at the fast-approaching date, leading to some testy exchanges with Vyskocil. At one point, an unidentified man using the telephonic conference option to attend the hearing could be heard saying, “I don't like this judge” before being asked to mute his line.

Defense counsel moved that the trial be conducted sometime in January 2022, pointing out that the court had already agreed they would have 60 days prior to trial to review the list of the prosecution's expert witnesses. A Nov. 3 trial date would not allow 60 days to elapse as previously ordered.

Patrick Joyce, attorney for Jordan Fishman, also registered concerns about the amount of time defense would have to review the voluminous evidence.

“As this court is aware, this is an extremely complicated case,” said Joyce. “There are a lot of issues … we're not asking for an adjournment into infinity. We're not saying next July. We're asking for two months.”

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Vyskocil dismissed that concern, saying it was “not a valid reason to kick this trial” but the 60-day period of review already outlined was a good reason to delay until January. An exact date will be determined when the federal court releases its calendar.

“I do not control the trial calendar if we're still operating under these COVID-19 protocols, so I am telling you now that this case is going to trial in the first quarter,” she said. “I will request the earliest slot we can be given in the first quarter and we are going to trial. I am not going to listen to, 'Well I have something that's backed up.' … You are all on notice.”

Vyskocil did not rule on the various motions before her to exclude wiretap evidence collected by the FBI during Wednesday's status conference. Although she acknowledged considerable interest in the contents of exhibits traded in those motions, she said she could not make a determination on whether intercepted phone calls, emails, and text messages will be game at trial until the defense has had a chance to submit formal replies regarding the motions. Typically, a motion submitted by defense counsel generates a response from prosecutors, and then defense attorneys have a chance to file a formal response to the prosecution before it's considered that all arguments have been made. Vyskocil said the deadline for defense replies will be later this month, and she will endeavor to make a ruling as soon as all the arguments are in.

Read more about what we learned from new wiretap evidence in the U.S. Attorneys' response here.

A new status conference has been scheduled for Nov. 4 to allow attorneys to check in with the court regarding any remaining issues with discovery evidence.

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Live Racing Returns To Churchill Thursday; New Turf Course Won’t Be Ready Until Spring 2022

Horse racing on the booming Kentucky circuit shifts to Churchill Downs on Thursday, Sept. 16 with the first of three Twilight Thursday programs at 5 p.m. (all times Eastern) as the famed Louisville racetrack opens its ninth September Meet for an action-packed 12-date run through Sunday, Oct. 3.

Thursday's eight-race opener lured 82 entries, including a field of eight fillies and mares for the featured seventh race, a $134,000 second-level allowance at 1 1/8 miles. The program also has a first-level allowance for 3-year-olds and up at 6 ½ furlongs (Race 6) and a $120,000 maiden special weight for 2-year-olds at six furlongs (Race 5).

Each of the September Meet's 117 scheduled races will be contested on the main dirt track. In July, Churchill Downs began work to install a new $10 million turf course that will be ready for turf racing to resume at the start of the 2022 Spring Meet.

Horsemen will compete for more than $12.3 million (all purses include prize money from the Kentucky Thoroughbred Development Fund) offered in Vice President of Racing Ben Huffman's September Meet condition book, including an 11-race stakes schedule cumulatively worth $3.26 million.

Five stakes races, including two important fixtures for juveniles that could produce starters in this year's Breeders' Cup and next spring's Kentucky Derby presented by Woodford Reserve (Grade 1) and the Longines Kentucky Oaks (G1), will be showcased in primetime under the lights on Saturday as part of Downs After Dark presented by Budweiser.

The $300,000 Iroquois (G3) kicks off the “Road to the Kentucky Derby” series (Top 4 Points: 10-4-2-1), while the $300,000 Pocahontas (G3) starts the “Road to the Kentucky Oaks” (Top 4 Points: 10-4-2-1). Additionally, both 1 1/16-mile races are Breeders' Cup “Win and You're In” Challenge events, which means the winners will receive automatic berths in the starting gate for their respective Breeders' Cup races on Nov. 5 at Del Mar with full entry fees and travel expenses paid.

Two Saratoga maiden winners are under consideration for the Iroquois: the Todd Pletcher-trained Major General and Stellar Tap, who gave Hall of Fame trainer Steve Asmussen his North American record-breaking 9,446th career win. Ellis Park Juvenile one-two, Roger McQueen and Lucky Boss, and Ellis Park maiden winner Guntown also could run. Hidden Connection, a fast 7 ½-length winner in her debut at Colonial Downs for trainer Bret Calhoun, and trainer Norm Casse's Debutante runner-up Ontheonesandtwos are among the fillies likely to run in the Pocahontas.

Meanwhile Distaff and Filly & Mare Sprint prospects may surface in a pair of Saturday stakes for fillies and mares, the $400,000 Locust Grove (G3) over 1 1/16 miles and the $300,000 Open Mind (Listed) at six furlongs. Last year's Kentucky Oaks (G1) winner Shedaresthedevil, winner of this year's La Troienne (G1) and Clement L. Hirsch (G1) for trainer Brad Cox, is likely to headline the Locust Grove against trainer Kenny McPeek's Envoutante, who won last year's Falls City (G2) and this year's Shawnee at Churchill Downs. Winning Colors (G3) winner Sconsin, conditioned by Greg Foley, is expected for the Open Mind.

The inaugural $275,000 Louisville Thoroughbred Society, an open sprint for 3-year-olds and up at six furlongs, wraps the stakes-laden program. Streaking stakes winner Bango, trained by Foley, is expected to run in pursuit of his seventh Churchill Downs victory.

Entries for Saturday night's 11-race card will be taken Wednesday morning.

Thoroughbred Racing will meet Louisville Cardinals Basketball when Louisville Live, the University of Louisville's annual preseason basketball event, comes to Churchill Downs for Downs After Dark. To celebrate the theme of “Horses & Hoops,” fans are encouraged to wear Cardinals gear to this one-of-a-kind experience that will bring together two Louisville sports legacies under the famed Twin Spires. Gates will open at 5 p.m. with the first race scheduled to begin at 6 p.m.

Other marque events during the September Meet include the $275,000 Dogwood (G3) for 3-year-old fillies at seven furlongs on Saturday, Sept. 25. The eventual Champion Female Sprinter Covfefe used the race in 2019 as a springboard to a successful run in the Breeders' Cup Filly & Mare Sprint (G1) at Santa Anita. Also on Sept. 25 are the newly-created $275,000 Bourbon Trail for 3-year-olds at 1 3/16 miles and $275,000 Harrods Creek for 3-year-olds at seven furlongs.

Closing weekend is anchored by the $400,000 Lukas Classic (G3) for 3-year-olds and up at 1 1/8 miles and honors Hall of Fame trainer D. Wayne Lukas, the iconic four-time winner of the Kentucky Derby and Kentucky Oaks and conditioner of 26 Eclipse Award-winning champions who has been based at Churchill Downs' Barn 44 since 1989.

Knicks Go, the top-ranked horse in the NTRA Top Thoroughbred Poll after convincing wins in this year's Pegasus World Cup (G1) at Gulfstream Park and Whitney (G1) at Saratoga, is expected to prep for the Breeders' Cup's $6 million Longines Classic in the Saturday, Oct. 2 Lukas Classic, according to Cox.

Also run that day is the $300,000 Ack Ack (G3) for Dirt Mile prospects. The new $160,000 Seneca Overnight Stakes for 3-year-old fillies at 1 1/16 miles will be run Friday, Oct. 1.

Churchill Downs' 12-day meet will be staged over three weekends through Sunday, Oct. 2 with racing on Thursdays, Fridays, Saturdays and Sundays. Outside of the three Twilight Thursdays (5 p.m.) and Saturday night's lone Downs After Dark (6 p.m.), the first race for all other race days will be 12:45 p.m. (admission gates open at 11:30 a.m.). Eight races are scheduled on Thursdays with 10-race programs on Fridays and Sundays. Eleven races will be showcased each Saturday.

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Canterbury Park Offers Free Admission During 2021 Meet’s Final Week Of Live Racing

Canterbury Park's 65-day racing season comes to an end with 5 p.m. programs Tuesday and Wednesday and a 4 p.m., 13-race program Thursday. General admission will be free the final three days as part of fan appreciation week to cap a season that began with uncertainty but concludes leaving racetrack officials both pleased and optimistic.

“People were here enjoying the Minnesota summer ritual that is live horse racing at Canterbury Park and it was wonderful to welcome patrons back to the track,” said Vice President of Marketing John Groen.

Business levels increased sharply compared to the 2020 pandemic-shortened and restricted race meet, with more dollars wagered, more spectators in the stands, and the return of the energy and buzz associated with Canterbury Park's live racing experience.

Had he been asked in January or February, Groen might not have been as enthusiastic. Planning during a pandemic for promotional events months in advance was a difficult task. Add to that the labor shortage faced by the entertainment and hospitality industry and it became daunting.

In 2020, with limited spectators allowed, Canterbury deviated from the 25-year tradition of Thursday through Sunday horse racing and ran races Monday through Thursday to have increased exposure with the national gambling audience. That plan worked and wagering on Canterbury races increased astronomically.

For the 2021 season, track officials adopted a hybrid racing schedule featuring Tuesday through Thursday early evening post times, along with Sunday afternoons.

“Our goal for 2021 was to see if we could achieve the best of both worlds by keeping the national wagering audience on weeknights while welcoming our enthusiastic fan base back to the track on Sundays,” said Groen.

Canterbury back loaded the popular Sunday promotional events that accompany horse racing, such as corgi races and Extreme Day, into the later summer months when there was a much better chance that restrictions would be eased.

Spectators, as planned, did come by the thousands on Sundays as Canterbury averaged more than 8,500 guests for family day racing after the fourth of July. Canterbury officials expected Sunday afternoon handle would revert to 2019 levels, averaging $300,000, when faced with the competition of major tracks running at the same time.

“We were wrong about the Sunday handle projections, pleasantly so,” Groen said.

Sundays averaged $894,736 in handle from wagers made outside of Minnesota; nearly triple the 2019 figure, while weeknights remained consistent with 2020 figures, averaging more than $1 million in handle per race card.

“We presented a great racing product in 2020 to new participants nationally, and that exposure carried over to all of our race days this year,” said Groen. “It really was a positive summer for Canterbury, and we hope our fans will take advantage of free admission the week to enjoy our final three days of racing.”

There are nine races Tuesday, 12 Wednesday, and Thursday's program includes two $50,000 stakes, the Shakopee Juvenile and the Tom Metzen Sprint. In total, 326 horses have been entered for the final 34 races.

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Mejia Taken Off Monmouth Park Mounts, Has Hearing Scheduled After Suspicious Photo Surfaces

Jockey Tomas Mejia was taken off his mounts this past weekend by order of the stewards at Monmouth Park and a hearing will be conducted on Sept. 15, presumably revolving around a suspicious photo that appears to show an object in the rider's left hand following a Sept. 3 comeback win at the Oceanport, N.J., track.

Mejia rode Colts Neck Stable's Strongerthanuknow to victory in the seventh race that day for trainer Jorge Duarte Jr., defeating 9-10 favorite Mumbai by a neck after rallying in deep stretch.

A photo of Mejia aboard the filly taken by the track photographer was posted on Monmouth Park's Facebook page commemorating the fact it was his first mount since being injured in a July 25 spill at Monmouth. The photo was subsequently removed after officials were alerted to what appeared to be an object in Mejia's left hand, but a copy of the photo was also circulating on Twitter.

The New Jersey Racing Commission does not permit its stewards to talk to the media and a spokesperson for the commission did not respond to a query on Sept. 10 about the reason for the Sept. 15 hearing. A track spokesperson also declined to comment. Mejia's agent, Robert Tuccille, did not respond to phone calls or voice messages from Paulick Report.

Mejia, a native of Panama  and graduate of that country's Laffit Pincay Jr. jockey academy, won two additional races over the Labor Day weekend, winning with three of 10 total mounts. With 19 wins from 149 mounts at the current meet, he ranks ninth among Monmouth Park jockeys in that category. He's won a total of 110 races in the U.S. since 2018, when he arrived from Panama, where he was the leading apprentice. His most noteworthy victory came last Sept. 13 when he rode 158-1 longshot Andrez Conquist to a victory that established a new Monmouth Park record for a $2 parimutuel win payoff of $319.80.

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