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After Document Review, Meadowlands Bans 33 Owners/Trainers

Effective Dec. 1, the Meadowlands will ban 33 harness horsemen after evidence and exhibits track officials acquired from the U.S. Attorney's Office revealed the names of trainers and owners who had purchased banned substances from individuals who were charged with manufacturing and selling performance-enhancing drugs.

The delay in imposing the ban was put in place in order to avoid any appearance of conflict of interest because many of the trainers are pointing horses to races run at the Meadowlands during November in which they could meet horses owned by Meadowlands owner Jeff Gural. The delay will also give owners time to transfer their horses to new barns.

The Meadowlands requested access to evidence presented during the trials of Dr. Seth Fishman and one of his assistants, Lisa Giannelli. Fishman was sentenced to 11 years in prison and Giannelli was given a sentence of 42 months. They were among more than 30 people charged with crimes related to the use of performance-enhancing drugs on horses after a widespread investigation by the FBI and others.

Meadowlands owner Jeff Gural said that he has so far received information only from the Giannelli trial and predicted that when information from the Fishman trial is released far more names could be involved.

According to a press release issued Friday by the Meadowlands, the evidence obtained by the track revealed the identity of persons who had purchased prohibited substances Epogen and Thymosyn.

Those who will be excluded for the alleged use of EPO are Dylan Davis, Nick Devita, Gareth Dowse, Jeff Gillis, Brian Malone, John Mungillo, Eric Prevost, Richard Silverman, Leroy Slabaugh and Howard Taylor.

Those who will be excluded for the alleged use of Thymosyn are Ryan Bellamy, Anthony Buttitta, Franck Chick, Jamen Davidovich, Eddie Dennis, Brady Galliers, Rick Howles, Anthony Lake, Betty Jean Davis Lare, Kevin Lare, John Leggio, Gregg McNair, Cynthia Milano, Anthony Napolitano, Howard Savage, Arthur Stafford and Trevor Stafford.

Additionally and according to the Meadowlands press release, the Federal government conducted its own collection of blood and urine samples from racehorses, both post-race and from out of competition testing, during its investigation. Six individuals allegedly had horses test poistive for banned substances and also will be excluded from the Meadowlands. The following is a list of those individuals and the drugs their horses allegeldy tested positive for: Al Annunziata (Propantheline); Jenn Bongiorno (Ethamsylate); Bob Bongiorno (Ethamsylate); Scott DiDomenico (Ethamsylate); Jeff Gillis (Ethamsylate); Nick Sodano Sr. (Cobalt).

The 33 could face even more penalties as the information uncovered by the Meadowlands will be turned over to the various state racing commissions covering the tracks where the individuals compete.

Asked why there were no thoroughbred horsemen among the names uncovered by the Meadowlands, Gural speculated that Giannelli's clients were primarily Standardbred horsemen and that once names linked to Fishman are released they could involve thoroughbred trainers and owners.

Fishman, a Florida veterinarian, was sentenced for what United States Attorney Damian Williams said was due to “his role at the helm of an approximately twenty-year scheme to manufacture, market, and sell to racehorse trainers and others in the racehorse industry 'untestable' performance enhancing drugs for use in professional horseracing.”

While the evidence against Fishman was enough for him to be sentenced to 11 years in prison, the government's case didn't shed much light on who was buying what from Fishman and his company. The one exception was Jorge Navarro, who was directly linked to Fishman. In a Department of Justice press release it was revealed that “Fishman aided Navarro in doping XY Jet, a thoroughbred horse that won the 2019 Golden Shaheen race in Dubai before dying of sudden heart attack in January 2020. As established at trial, Fishman sold tens of thousands of dollars' worth of PEDs to Navarro over the course of several years, and Navarro specifically credited Fishman for XY Jet's performance at the Golden Shaheen.”

“The whole thing is terrible,” Gural said. “It's unfortunate. They lucked out that I kept the Meadowlands open, but their luck ran out because I am honest. We spent $2.5 million of our own money on this investigation. It's sad because there are people who had no choice but to cheat. They felt they had to feed their family and they couldn't win a race. What's really sad is Howard Taylor. He's not a trainer, he's an owner. He had to be giving EPO to his trainers to use and not a single trainer picked up the phone and said I have an owner who wants me to use EPO on his horses. He has 150 horses and he uses a lot of trainers. You would have thought at least one trainer would have picked up the phone and told us what's going on.”

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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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Fishman Absent From Court After Wiretaps Reveal Him Bragging About Dubai Sales

Closing arguments were a late scratch Jan. 31 in the horse doping trial of veterinarian Dr. Seth Fishman being held in U.S. District Court in Manhattan.

New York U.S. District Court Judge Mary Kay Vyskocil met the lawyers for both sides in the robing room, then called the jury into the courtroom and sent them home. She told the jurors to return to court Tuesday.

“There has developed legal issues that need to be dealt with,” Vyskocil told the jury of eight women and four men.

But Fishman's absence in court only deepened the mystery. His wife, Hanna, was in the courtroom in the morning and at one point appeared to be visibly upset. Fishman is free on $100,000 bond and has appeared in court for each of the trial's previous eight sessions.

The only other clue as to what was happening came when Fishman attorney Maurice Sercarz appeared in the courtroom after the jury had been dismissed and told the judge Fishman was on his way to the hospital.

“We are in open court,” Vyskocil said to Sercarz in admonishment.

Sercarz and his co-counsel Marc Fernich and prosecutors declined further comment.

Lawyers showed up in the afternoon for another conference in the robing room. The day ended with Vyskocil never returning to the bench.

Closing arguments in Fishman's trial were set to begin after the prosecution rested its case and the defense rested without calling a single witness, including Fishman. The jury has heard five days of testimony from 11 government witnesses, as well as an FBI wiretap in which convicted trainer Jorge Navarro was recorded speaking to Fishman.

Another prominent name that emerged in court in one of the wiretaps was that of Sheikh Mohammed bin Rashid al Maktoum, the ruler of Dubai and the owner of the internationally successful Godolphin racing stable.

On the wiretap, Fishman appears to discuss a $2-million “program” with the Sheikh's hospital in Dubai, known as Dubai Equine. On the other end of the line in the 2019 call was Florida harness trainer Adrienne Hall, who testified Thursday that Fishman put her on a program with his PEDs and that she administered the drugs to a horse that won a low-level claiming race. Hall agreed to testify in exchange for a non-prosecution agreement.

A transcript of the wiretap obtained Monday begins with Fishman telling Hall that his program “is not instantaneous.”

“Right, so ok, because they are racing on Sunday–they are going to be in on Monday. I gave the other stuff today anyway,” Hall says.
Fishman then goes on to say that it takes one or two weeks to start things.

“This is a program,” he says. “This is a program that Dubai Equine spent probably $2 million devising for their Thoroughbreds, you know? It is part of a program that uh, you know…there's other stuff too.”

Fishman goes on to say that he was bringing Hall on slowly.

Fishman adds, “This is what they do for all their horses and overall, they are very happy. Sheikh Mohammed Maktoum said the best three years, you know, in the 30 years he has been racing and they are very happy. So, I'm sharing stuff with you. But then again that's for Thoroughbreds so we just have to tweak something out because some of the stuff I design for Standardbreds, they don't work.”

It was unclear if Fishman was simply trying to impress Hall; a Godolphin spokesman said they would have no comment Monday night.

Fishman, 50, is on trial on for conspiring to violate medication adulteration and misbranding laws. He's accused of supplying horse trainers with illegal performance-enhancing drugs designed to evade testing by racing regulators in various states, including Florida, New York, and Kentucky.

Sercarz says the actions his client has been accused of were carried out to protect the health and welfare of horses in keeping with his oath as a licensed veterinarian.

Prosecutors allege that Fishman was part of a sweeping conspiracy to dope racehorses that included top trainers Navarro and Jason Servis and two dozen others. The New York U.S. Attorney's Office announced the charges in March 2020.

Servis is awaiting trial and Navarro has been sentenced to five years in prison after pleading guilty. Servis's name hasn't come up in testimony, but Navarro's name has come up numerous times. Prosecutors said Navarro paid Fishman tens of thousands of dollars for PEDs.

The jury also saw a video of Navarro's doped X Y Jet (Kantharos) winning the $2.5-million G1 Dubai Golden Shaheen in 2019. In a text seen by the jury after the race, Navarro thanked Fishman for his help. A tally shows the FBI's aforementioned wiretap was one of 55 recordings the jury heard in the case. Almost all of them involved Fishman.

The Thoroughbred industry's leading publications are working together to cover this key trial.

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Indicted Harness Trainer Who ‘Flipped’ Says He Bought PEDs From Fishman Employee

It was nearly two years ago when former harness horse trainer Ross Cohen was among 27 trainers, veterinarians and others snared in the largest horse doping prosecution in U.S. history.

In a New York courtroom on Wednesday, Jan. 26, Cohen surfaced on the stand as a key government witness against Dr. Seth Fishman – the first of those arrested in the case in March 2020 to go to trial on charges of conspiring to violate adulteration and misbranding laws.

As Fishman observed from the defense table, Cohen testified that when he was training horses at Yonkers Raceway years ago, he purchased performance-enhancing drugs from Lisa Giannelli, who worked as a distributor for Fishman and the veterinarian's Florida-based drug manufacturing business Equestology.

Cohen, 50, of upstate New York, testified he discussed with Fishman a product called “Frozen Pain.”

“He said it takes away pain and stops horses from getting tired in race,” he said. “It had a performance-enhancing effect.”

Cohen testified about another conversation with Fishman in which he complained that Frozen Pain worked great for some horses when they were racing in his stable but not so much other horses.

Cohen said the drug's inconsistency upset him.

“He said it was hard to keep it stable and to get good employees to make it,” the witness testified, referring to Fishman. “He said he was going to stop making it.”

During his testimony Cohen said he agreed to flip in June of 2020. He pleaded guilty to conspiracy and agreed to testify on behalf of the government in exchange for leniency at sentencing. Prosecutors kept the plea deal under wraps until Wednesday. Prosecutors say Fishman produced performance-enhancing drugs that trainers administered to horses to boost their chances of winning races. They said the doping put racehorses at risk of breakdowns and death. They said Fishman sought to create drugs that couldn't be detected in post-race testing.

As he was questioning Cohen, prosecutor Andrew Adams introduced photos of six of those charged in the case and had the witness identify them. One of the photos was that of former top trainer Jorge Navarro, who has since pleaded guilty to conspiracy. He was sentenced in December to five years in prison.

After Cohen identified Navarro, Adams played for the jury a video of the Navarro-trained sprinter X Y Jet winning the $2.5 million Golden Shaheen (G1) in Dubai in 2019. The video shows an exuberant Navarro celebrating the victory in the paddock.
Adams next had the jury read a text Fishman sent to Navarro and the response he got.

“Congratulation, just saw the race,” Fishman's text read.

“Thank you, boss. You're a big part of it,” Navarro replied.

Cohen admitted to a checkered past when he was a harness trainer. He served suspensions for drugs and had been barred from racing at Monticello raceway and Yonkers. He was eventually allowed to return to Yonkers.

In the plea agreement, Cohen admitted to fixing races.

“I paid drivers for somebody to hold their horses back in races,” he testified.

Maurice Sercarz on cross-examination sought to suggest that Cohen had turned on Fishman to save his own skin.

“Who decides if you're telling the truth?” the lawyer asked.

“I assume the government,” Cohen responded.

The trial's sixth day in U.S. District Court in Manhattan also featured testimony from Dr. Cynthia Cole, director of the racing lab at the University of Florida, where she oversaw drug testing of horses competing at Florida tracks.

Cole was called as expert witness to identify the drugs Fishman was peddling and if they would be performance enhancers if administered to horses when they raced. In her opinion, Fishman's products were PEDs.

During her time on the stand, Cole was asked to comment on a Fishman product called Serenity. She said it appeared to be a sedative.

It was her testimony that it may seem counterintuitive to administer a sedative to a horse before a race but she explained that some horses, especially young horses, can be high-strung.

“The ability to produce a mild sedative that could take the edge off, if you will, could help a horse perform better in a race,” she told the jury.

The trial resumes Jan. 27.

The Thoroughbred industry's leading publications are working together to cover this key trial.

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