Surick, Facing 62 Months in Prison, Appeals Doping Conviction

The former Standardbred trainer Nick Surick, who was sentenced to 62 months in federal prison last month for his role as a “doping mentor” in a years-long scheme that eventually resulted in him pleading guilty to two counts of drug adulteration and misbranding and one count of obstruction, lodged an appeal of both his conviction and his sentence Feb. 7.

As TDN's Bill Finley reported from Surick's Jan. 19 sentencing in United States District Court (Southern District of New York), Surick was ordered to serve one of the longer prison terms among those convicted in the 2020 international racehorse doping series of arrests that involved both Standardbred and Thoroughbred trainers based in Florida and the Northeast.

And that harsh sentence was handed down despite Surick's 's efforts to cooperate with prosecutors, who eventually decided that some of the information he offered was not credible and involved false accusations.

“I am truly sorry for the crimes that I have committed,” Surick had said at his sentencing. “I can't blame anybody but myself.”

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Chris Oakes Sentenced to Three Years

NEW YORK–Standardbred trainer Chris Oakes, who has admitted to supplying Jorge Navarro with performance- enhancing drugs as well as using illegal drugs with his own horses, was sentenced to three years in prison Thursday. In October, Oakes, 57, pled guilty to one count of misbranding and drug adulteration with intent to defraud or deceive.

The decision was handed down by Judge Mary Kay Vyskocil in the United States District Court for the Southern District of New York before a small audience that included Meadowlands owner Jeff Gural. Under the sentencing guidelines, three years was the maximum allowable sentence.

“I believe this offense is serious,” Vyskocil said. “I have taken that into account as well as the characterizations of Mr. Oakes as a human being and a person. But I do not see any compelling reason to go below the sentencing guideline.”

While the case against Oakes involved his pattern of doping his own horses, it also focused on his relationship with Navarro and the doping of Navarro's XY Jet (Kantharos). Oakes supplied Navarro with PEDs that were given to X Y Jet, including a “blocker” PED. On Feb. 13, 2019, the same day X Y Jet won an allowance race at Gulfstream, Navarro instructed Oakes to enter the Gulfstream backstretch to administer PEDs to the sprinter.

“Mr. Oakes shared misbranded and adulterated drugs with others, including, and most particularly Mr. Navarro,” Vyskocil noted. “Specifically, he helped Mr. Navarro dope XY Jet.”

While still in training, XY Jet died in early 2020. Navarro said at the time that the cause of death was a heart attack.

Addressing the court, government lawyer Sarah Mortazavi lashed into Oakes, saying that he had failed to realize the severity of his actions.

“The defendant has not grappled with the seriousness of his crimes,” she said, “Instead of remorse, we have gotten from him self-serving excuses meant to minimize his conduct. He has said that the government can't prove that I killed any horses or did something to improve their performances, so what I did was not detrimental to these horses. But he injected these horses with drugs up to and including the day of their race, putting their health at risk.”

Oakes' attorney Page Pate did not deny that his client used PEDs and broke laws but asked the court to consider that trainer had many good qualities. That, he argued, was justification for leniency.

“The offenses committed, while clearly wrong, are inconsistent with who he was as a person and as a trainer who cared for his horses,” Pate said. “It's true that he tried to win purses by using PEDs he got from Dr. [Seth] Fishman and PEDs he created on his own and that that gave him an unfair competitive advantage in his races. But the narrative became Mr. Oakes abused his horses. Looking back over his 40-year career that is not consistent with what so many people who knew him and worked with him have told the court. The things he has done for his community, his random acts of kindness, they show that he is not a criminal.”

When addressing the court, Oakes, who began to choke up, brought up what he said was a long-running battle with alcoholism.

“I drank when I succeeded and I drank when I failed and I failed a lot,” he said. “I did not ask for help because I thought that would show a sign of weakness.”

Vyskocil said Oakes would have to enter a drug and alcohol treatment program once in prison.

Oakes said he was remorseful and blamed his decisions on stress and the pressure he felt to succeed.

“I was constantly unhappy, irritated and depressed,” he said. “I wanted everything to be perfect and I demanded that of my wife, my kids and my employees. I regret the path that I followed. I allowed stress and the pressure I was under to dictate my decisions. I have no one to blame but myself. I am aware of the crimes that I have committed, and I have learned from them. I humbly ask for leniency.”

Gural, who had banned Oakes at his tracks well before he was indicted, sat quietly and listened to the testimony. Gural was instrumental in putting together the investigation that led to Oakes and more than two dozen others being indicted on charges related to doping.

“I am glad I came, if for no other reason than to see how justice works,” he said. “I thought everybody did a good job and the judge understood the severity of the situation. It is a tragedy. These horses can't talk for themselves. When I started this, I had friends who told me it was a waste of time, that it was impossible to catch these guys. Getting 5 Stones involved and the fact that so many horses died in California, that got the attention of the U.S. Attorney, and they were willing to prosecute. I spent a great deal of time talking to the U.S. Attorney and convincing them that there were people out there using drugs.”

Oakes owned a handful of Thoroughbreds before his arrest and won 14 races. His horses were trained by Navarro. Oakes was a prominent harness trainer with 1,875 career wins and $29,631,843 in career earnings.

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Baffert vs. NYRA Fight Grinds On

Bob Baffert filed a legal response Friday to the New York Racing Association (NYRA)'s recent attempt to dismiss his amended civil complaint, in which the Hall-of-Fame trainer is fighting an allegedly “sham” hearing process initiated by NYRA to determine if he will be excluded from New York's premier tracks.

The Dec. 10 filing in United States District Court (Eastern District of New York) rebutted and reargued a number of legal points that have already been volleyed back and forth by both sides since Baffert filed the initial version of his lawsuit June 14.

But one updated section lets the judge know about the Dec. 3 urine test results that the trainer's legal team claims “have confirmed scientifically” that the betamethasone in Medina Spirit's system after the colt won the GI Kentucky Derby came from a topical ointment and not an intra-articular injection.

Yet this new information about Medina Spirit's urine was imparted in the filing without any mention of the tragic turn of events that took place about 72 hours after those test results were made public, when the Derby winner collapsed and died after laboring through a workout at Santa Anita Park.

It's understandable that Medina Spirit's Dec. 6 death is not a legal point that Baffert's counsel considers relevant to the case, which deals primarily with allegations and incidents that occurred months ago.

But to a layman reading the court filing with the knowledge that Medina Sprit's untimely and sudden passing rocked the sports world and dominated the international racing news this week, it does come across as a jarring omission of context in the overall saga.

“Unfortunately, NYRA refused to wait for the results of the aforementioned testing or to otherwise allow the comprehensive administrative process which must take place in Kentucky to play out,” Baffert's filing stated.

“Instead, on May 17, 2021, prior to the initiation of any administrative processes in Kentucky, NYRA took the unprecedented step of announcing that it was immediately and indefinitely suspending Baffert from entering horses in racetracks that it operates, including Belmont Park, Saratoga Race Course, and Aqueduct Racetrack,” the filing continued.

NYRA had banished the seven-time GI Kentucky Derby-winning trainer 16 days after Medina Spirit tested positive for a betamethasone. But NYRA's stated desire to rule off Baffert goes beyond Medina Spirit's still-in-limbo Derby penalization status, which has not yet even resulted in a Kentucky Horse Racing Commission hearing.

In the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes, and this has been a key plank in NYRA's argument.

On July 14, the court granted Baffert a preliminary injunction that currently allows him to race at New York's premier tracks until his lawsuit gets adjudicated in full.

But the judge also wrote in that ruling that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him.”

So in the wake of that decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct. On Sept. 10, NYRA then summoned Baffert to appear at an exclusion hearing.

Baffert first filed a motion asking the judge to hold NYRA in civil contempt for trying to schedule such a hearing and to stay the hearing itself. When those requests were denied, he amended his original complaint to try and keep that hearing process from moving forward (it's currently scheduled to begin Jan. 24).

When NYRA previously addressed the issue of the hearing in court documents, it termed Baffert's characterization of the process as “misguided,” noting that “Plaintiff s argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

NYRA had also previously pointed out to the judge that it was “providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.”

On Friday, Baffert's filing contended that, “Shockingly, NYRA's Motion to Dismiss even asks this Court to dismiss the [civil action for deprivation of rights claim] on which Baffert has already prevailed. Baffert's Amended Complaint states valid claims for each of the five causes of action…NYRA's Motion to Dismiss should be denied in its entirety.”

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