Fishman Asks for Yet Another Sentencing Delay

The veterinarian Seth Fishman–who is facing 20 years in prison, has an active motion asking for the first of his two convicted counts to be dismissed, and has already been granted one sentencing delay because he is allegedly having trouble filling out federal probation paperwork–again on Tuesday requested another delay of his sentencing.

The half-redacted letter motion filed by his attorney in United States District Court (Southern District of New York) on May 17 suggests that a COVID-19 outbreak where he is being detained at Metropolitan Detention Center in Brooklyn is the reason.

“Dr. Fishman's tier is currently in 'lockdown' status and, apparently, will remain in that position for the foreseeable future,” wrote attorney Maurice Sercarz.

Although the letter motion itself does not mention the pandemic in its unredacted portions, the internet home page for the prison features a prominent notice that “Operations are being modified at this facility due to COVID-19. All visiting at this facility has been suspended until further notice.”

Fishman was convicted Feb. 2 on two felony counts in an international equine performance-enhancing drug doping conspiracy. The judge in the case has yet to rule on Fishman's motion 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.

Fishman's sentencing was supposed to be May 5 but got pushed back to May 26 when he claimed he did not receive financial forms from the feds that are necessary for his pre-sentencing report. Now he's requesting a new date in the range of June 20-24. Federal prosecutors have consented to this request, according to Tuesday's motion.

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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This Side Up: The Heart of the Matter

You would think the heart has enough on its plate. It literally never gets a break, not for one second, never mind a vacation. Never a morning's fishing, a bourbon after dinner. Yet somehow we have ended up charging this most vital of our organs with a second burden, figurative but scarcely less momentous, as the vessel of love.

So when the tireless engine of life finally fails, in one we cherish, we speak of our own hearts as being “broken.” And there were many such, in Lexington on Friday, when mourners bade farewell to the distinguished veterinarian Dr. Thomas Swerczek.

We reserve to their private grief the tribute that Dr. Swerczek was evidently no less exceptional in his dedication, as a family man, than in his professional accomplishments through decades of service at the local university. For those of us outside the reach of his own heart, however, the professor's name will always evoke the epic proportions of another.

For it was Dr. Swerczek who famously conducted the necropsy, in 1989, on perhaps the greatest Thoroughbred in the story of the breed. He estimated Secretariat's heart to be twice the average size, maybe over 20 pounds. This discovery conformed so obligingly with the horse's overall prowess, with his physical magnificence and almost supernatural running power, that it nourished some pretty excitable extrapolations.

Secretariat's heart is literally the stuff of legend. It places him in the same register as warrior heroes of Norse mythology, with their limbs like cedar trees. But legend is not even history, never mind science. And the perennial quest for an edge, in our business, has allowed a whole ancillary industry of theory and analysis to be energized by the freakish heart of a freak among racehorses.

On some level, no doubt, this can only have been encouraged by the very cultural duality we just noted in the human heart. In a racehorse, of course, the metaphorical dimension is not love, but courage. But it's obviously tempting, if only subliminally, to conflate the “heart” we celebrate in a horse that gives everything in a finish with the sheer physical proportions of the organ housed in its chest. We literally describe such animals as “big-hearted”.

After all, the same intangibility unites “heart,” in the sense of competitive ardor under the whip, and the physical organ that we can only ever see for ourselves at a post-mortem. Sure, nowadays we have technology that allows external estimation of cardiac capacity. But as is axiomatic in a less decorous context, there's a limit to the satisfactions available in size alone.

Another man of science recently mourned in Kentucky, Dr. David Richardson, once cautioned me that data available across the horse population does not permit pronouncement on the specimen in front of you. And cardiac physiology, being so complex, was his chosen example.

“They talk about heart size,” he said. “But the real question is: how does it squeeze? (What's called the ejection fraction.) How fast can it pump blood? How efficiently, in terms of oxygen use? So it's not just heart, but lungs. So people try to assess that, too, on a treadmill. But that's still not like running a race at distance. But even if you could get the cardiovascular bit right, then how about the legs? And the mind? You can gauge some of those things, sometimes–but it's very hard to say how the whole package will stand up to raceday pressures.”

As it happens, Dr. Swerczek also performed the necropsy on Bold Ruler. Though he would have been one of the greatest stallions in history even without Secretariat, apparently he did not have a large heart. But you know who did? The second largest one Dr. Swerczek ever saw, at 19 pounds, belonged to none other than Secretariat's hapless punchbag, Sham.

What an amazing coincidence. But what an obvious coincidence, too. Because Dr. Swerczek performed the same procedure thousands of times, including elite athletes from many different crops. And none of them, he said, ever came close to that pair.

So instead of this inadvertent legacy, in all the controversies and occult dogmas stimulated by Secretariat's heart, let's instead celebrate the many years of unsung contribution made by Dr. Swerczek to the welfare of the animal he loved. He made vital advances in several horrible diseases that afflict the Thoroughbred and was always in the frontline trenches in the trauma of Mare Reproductive Loss Syndrome.

He understood how many different factors, notably in environment and nutrition, can erode or assist the fulfilment of a racehorse. He knew that the system of flesh and blood maintained by those miraculous pumps is always too complex to permit glib answers.

Dostoyevsky identified two types of unhappy fool: the one with a heart and no sense, and the one with sense and no heart. By all means, go ahead and find out all you can about the heart. Maybe you can discern something instructive even in those of immature Thoroughbreds. But do keep your sense, all the same, along with their hearts.

Maybe ventricular capacity can indeed tell us something about stamina, caliber even, and heritability. To me, however, anything that remotely smacks of a “system,” any formula that claims to cut right through the mysteries of our vocation, deserves its place somewhere on the spectrum that starts, at one end, with snake-oil.

Science, with its scrupulous standards of evidence, will doubtless keep inching its way forwards through this whole maze. But in a business where the fast buck is never quite fast enough, some people will never want to hang around and wait.

Needless to say, we all know of highly professional horsemen exploring some of these potential edges. The responsible ones, invariably, will stress that the insights they seek can only address a single facet of what will always remain a very jagged diamond. And, actually, even the people who make it all sound very simple tend to be little more than credulous; fanatical, rather than fraudulent. But while it's a free country, and up to you how to spend your money in this very expensive game, I know what I'd suggest if anybody comes to you with a key to the single, secret lock on Thoroughbred potential. Give them your iciest smile, and wish them good day.

Apart from anything else, in claiming to be able to remove the guesswork, such people are inimical to precisely that element of inspiration which feels, to some of us anyway, most essential to the whole romance of what we do. Yes, some will be supported by wonderful gadgets; all, nowadays, by persuasive software. But give me the unadorned instinct of a seasoned horsemen, every time, and we'll see you out on that proving ground. First to the wooden stick.

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Defense Request to Delay Doping Trial a No-Go

A request by defendants Seth Fishman and Lisa Giannelli to delay next week's start of their trial in the alleged nationwide horse doping conspiracy because of COVID-19 concerns was not granted on Thursday by the judge handling the case.

Although no specific court order answering the motion had been filed prior to deadline for this story, a summary entry on the court docket describing what happened at a Jan. 13 pre-trial conference contained the notation, “Trial to begin January 19, 2022,” which is the originally scheduled start date.

In two highly redacted letters filed Jan. 12 in the United States District Court (Southern District of New York), both Fishman's attorney, Maurice Sercarz, and Giannelli's lawyer, Louis Fasulo, had written that they feared not only the possibility of contagion, but also the chance that any pandemic-related delays that happened once the trial got underway might end up causing a mistrial.

Reading between the lines of the redactions in both court filings, it appears as if someone–quite possibly one of the defendants–has contracted the virus.

The letter written by Giannelli's attorney contained a redacted portion of a sentence followed by the words, “which counsel learned on Jan. 8, 2022. Although her defense team is fully vaccinated and have received boosters, this is not a shield to the current variant, and it is certainly not a shield to testing positive but being asymptomatic…. Of immediate concern are the heightened risks to members of Ms. Giannelli's team.”

In arguing for an adjournment of the trial, Giannelli's lawyer had pointed out to the judge that nearby federal district courts in Massachusetts, Connecticut, Pennsylvania and New Jersey “have all suspended trials in the month of January,” but that New York's federal courts remain on schedule despite “the highest rate of infection [that] continues to surge upward.”

Federal prosecutors did not consent to the adjournment of the trial, although they were aware that the request was being made by the defense.

Fishman, a Florida veterinarian, is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government. Giannelli, who allegedly worked under Fishman (her exact role is disputed) faces the same two charges.

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Ramey: ‘Performance Horse Needs’ Are More About Us Than Them

I get that some horses cost more to buy than others. In fact, I wrote about it – CLICK HERE to read “On the Value of Horses.”

Over my career, I've been fortunate enough to see and to take care of some pretty great horses. I have a picture that I took of Secretariat in my family room, taken when I worked at Claiborne Farms for a couple of days as a senior veterinary student. I'm still taking care of Richard Spooner's great horse, Robinson (and his best friend Nanny II, the goat). Cristallo, the number one jumping horse in the world in 2012, retired last year. And I've also taken care of too-many-horses-to-mention that you have never heard of, but that meant the world to their owners.

Still, my experience is that if one is lucky enough to own or care for a very valuable horse (value, based on how much it would cost to buy the horse), it tends to make people go a bit crazy. That's OK in a sense – it's important to take care of things that are valuable. But some people who have or keep valuable horses seem to think that also means that they have do all sorts of special things for these horses. And I think that's too bad, because it sets those people up to be taken advantage of. So, based on my experiences, as well as a whole bunch of acquired knowledge and information, I'm here to let you in on the differences between the needs of high-level performance horses and all of the other horses.

What performance horses need in the same amounts as most other horses

  1. Just about anything you can think of. Horses are horses, even if people are willing to pay more for one horse than another. What they do usually doesn't change what they need. For example, requirements for vitamins and minerals don't go up in performance horses (or with any form of exercise). I suppose that heavily working horses may need to drink more than your average backyard pleasure horse – particularly if they sweat a lot – but since exactly no one should ever withhold water from their horses, this is rarely a problem. Healthy performance horses need good foot care, occasional vaccination against some important diseases, the occasional dewormer (check the feces first), and their teeth should get looked at from time to time – and really, that's about it.In a way, you can think of performance horses like performance automotive vehicles. Lamborghinis, Ferraris, and the like, all run on gas, have engine coolants, and lubricating oil. Sure, performance cars have bigger engines, but all cars run on the same stuff.

    But owners of high performance vehicles – like owners of performance horses – don't just stop at what the car needs. Fancy car owners like to make sure that the cars are waxed, and that they have GPS systems, and leather interiors, and tinted windows and maybe some fuzzy dice hanging from the rear-view mirror. Maybe some engine cleaner additive, or special oil additive, too. However, all of that stuff means as much to the car as most of the “necessary” stuff that people spend money on does to performance horses. And none of it means anything if the cars don't get what they really need.

What performance horses may need more of than other horses

  1. Calories. This may seem a bit obvious, but if a horse works really hard, he's going to need more calories than a horse that doesn't work really hard. Exercise takes calories; more calories means more food. How do you know if a performance horse needs more food? Simple – he'll be skinny. Ideal body condition for a horse means that you can feel his ribs, but you can't see them. If your performance horse's sides look like a washboard, he needs more food.By the waynot all performance horses need extra calories. Some show horses that are deemed performance horses really don't work that hard at all. Many of these horses are fat – you couldn't feel their ribs if you got a running start. Like I said, they may need more calories – some folks really overdo it. Fat individuals tend not to perform well – ever see a hefty competitive high jumper in a track and field competition?
  2. Petting and brushing – It just kills me to see folks that don't give their performance horses time and attention. To me, the biggest part of the enjoyment of horses is just hanging out with them. It makes me sad to see folks so caught up in the performance part of horse owning that they forget to give their horses some attention (NOTE: there are plenty of exceptions). It may be convenient to have boots polished, saddles oiled, and a horse that's ready to mount on arrival, and handed off on dismount, but that's really missing out on most of the fun that owning a horse can be. A bit more horse bonding might be good for both performance horse andrider.

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What performance horses probably need less of than other horses

  1. Riding– Horses have amazing memories. You can train them to be ridden, turn them out in a field for a year, and then come back and jump right on. They won't have forgotten a thing.People, on the other hand, seem to benefit from endless repetition. Thus, many horses get jumped/spun/run/slid/piaffed/etc. incessantly in the course of their training. It might be good for the rider; it's probably bad for the horse. All of this riding stresses their limbs in the same way: over and over. Limbs which are repetitively stressed and not given the time to recover respond in the same way that paper clips do if you keep bending it back and forth; they break.

    In my opinion, performance horses would hold up a lot better if people would keep their riding and training sessions shorter, and train the horses less often, especially when it comes to movements that stress their legs. For example, in racing horses, injuries largely result from an inability of the biological repair process to keep up with the rate of damage accumulation. The amount of damage accumulation is directly related to the amount of high speed exercise (the number of times that the horse has worked and raced). I think a lot of performance horses are like that.

    People used to ask me the secret to keeping Robinson sound. They would ask me how many injections I did, what secret formulas I used, that sort of thing. I had to confess that it wasn't me. I shared his secret, though: “He doesn't get ridden that much, and then it's mostly on trails.”

    Robinson's 31 now, and, as far as I know, he doesn't have an arthritic joint in his body.

  1. Injections– I don't think that there is any other athletic species that gets stuff injected into them as often as do performance horses. And it's not just injections; dentistry, surgery, deworming, supplements, etc. are way overdone, too. There's sure no evidence that all of this stuff is good for the horse (CLICK HERE to read about the waste of time and money that is often described as “maintenance” of normal joints). Plus, there is certainly the potential for harm; many of the drugs that get injected into horse joints have the potential to hurt the joint in the long run.In general, a lot of the things that are done to horses in the name of performance share a few things: 1) They aren't proven to be of benefit, 2) They cost the owner a good bit of money, and 3) They increase someone's bottom line. I saw the records from a performance horse the other day that, in one month's time, had had his coffin joints, his fetlocks, his hocks, his stifles, and his sacroiliac joints injected, all with no diagnosis of any problem. I've seen entire barns get their “hocks done.” Can you imagine lining up a team of high school basketball players to get all of their knees injected? In the horse world, this sort of thing happens.
  1. “Specialists” – This gets back to the story that I told at the onset. Horses are horses, and veterinarians are trained to take care of them. Sure, there are veterinarians who specialize in things like surgery, but that's different. There's generally no need for self-proclaimed “specialists” (even if they do come with some sort of obscure “certification”). In fact, in my experience, one big problem with specialists is that they have to try to do things to justify their designation. So, for example, if you enlist the help of a “specialist” who is known for treating horse joints (or backs, or jaws, or whatever), chances are that your horse is going to need his joints treated. Just sayin' – if the only tool that you have is a hammer, pretty soon everything starts to look like a nail (CLICK HEREto read my article about that).
  2. Fretting over – There's a ranch that I've worked at for a long time that boards, and also takes layups and retirees. The horses live in pretty good sized corrals, and they get to see and hang out with their neighbors. Periodically, a really nice performance horse will get to rest there for a few months, and the owners are genuinely amazed at what happens to their horse(s).”He's like a different horse,” they'll say.

    And I'll say, “That's because everyone's not making him nuts.”

    To myself, of course.

Performance horses are horses. They love getting fed, they tolerate getting brushed, and most seem to really like human interaction. But I think that it's very important that they get to be horses. Sure, performance horses are valuable, but so is the 26-year-old school horse who safely carries a 4-year-old. At the end of the day, there's really not much difference, and even though one may cost more than another, it's hard to say which one is more valuable. And they pretty much all need the same things, plus a good, healthy dose of TLC.

Dr. David Ramey is a 1983 graduate of the Colorado State University School of Veterinary Medicine. Following graduation, Dr. Ramey completed an internship in Equine Medicine and Surgery at Iowa State University. He entered private equine practice in Southern California in 1984, and set up his own ambulatory clinical practice, Ramey Equine, in 1987. Dr. Ramey's practice specializes in the care and treatment of sport and pleasure horses.  He cares for a diverse group of horses, from top level hunters and jumpers, to pleasure horses and miniature horses.

In addition to being a full-time practitioner, Dr. Ramey is also an internationally recognized researcher, author, lecturer, and blogger. He has written 13 books, 5 book chapters, and has had over 70 papers published in professional journals. He has lectured on various topics in universities, expos, and conventions around the United States, as well as Canada, Australia, and the UK. He has presented at the annual American Association of Equine Practitioners (AAEP) convention 10 times.

Dr. Ramey is a vocal advocate for the application of science to medicine, and—as such—for the welfare of the horse. Thus, he has been a frequent critic of practices that lack good science, such as the diverse therapies collectively known as “alternative” medicine, needless nutritional supplementation, or conventional therapies that lack scientific support.

This article original appeared on Dr. Ramey's website, doctorramey.com and is reprinted here with permission.

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