United States of America v. Seth Fishman
By John T. Wendt, J.D., M.A., Professor Emeritus, Ethics and Business Law, University of St. Thomas
The United States Attorney’s Office has been aggressively charging those involved in doping in horseracing.
On March 9, 2020, federal officials in New York announced indictments against 27 individuals alleging “the shipment and administration of adulterated and misbranded drugs designed to secretly and dangerously enhance the racing performance of horses beyond their natural ability, a dishonest practice that places the lives of affected animals at risk.”[1] Proof of their efforts include a number of guilty pleas including high profile trainer Jorge Navarro who was sentenced to five years in prison and ordered to pay $26,860,514 in restitution for the fraud perpetrated through his doping program.[2]
In late January 2022 the first case of those indicted went to trial, that of veterinarian Dr. Seth Fishman. Fishman was charged originally in United States v. Navarro, 20 Cr. 160 (MKV), a case arising from a multi-year investigation of widespread schemes by trainers, veterinarians, distributors, and others to manufacture, distribute, and receive adulterated and misbranded performance enhancing drugs and to secretly administer those drugs to racehorses. Fishman was charged with two counts of drug adulteration and misbranding with intent to defraud and mislead. As part of their case, prosecutors alleged Fishman accepted tens of thousands of dollars from Navarro in exchange for untestable drugs.
In addition to being a veterinarian, Fishman was an experienced entrepreneur who operated a number of businesses in Florida under the names of Equestology, Equi-Tech, and Camelology. Fishman is also the CEO and co-founder of Elite Boxing which features muaythai and combat sports with offices in Florida, Bangkok and Kuala Lumpur.[3] Fishman also had several professional and business ties to the United Arab Emirates and prior to trial twice sought to change his bail conditions to travel to the UAE. Fishman argued that he served as the Chief Research Officer with Presidential Camels, Sector of Scientific Centers & Presidential Camels for the UAE and his “primary source of income has been the exportation of certain veterinary products to UAE.”[4] His requests were denied in part because the judge believed that Fishman was a flight risk and because the United States has no operative extradition treaty with the UAE.[5]
Evidence that was introduced at trial included the following wire-tapped conversation that Fishman had with an unidentified individual about drugs: “Don’t kid yourself…If you’re giving something to a horse to make it better, and you’re not supposed to do that, that’s doping. You know, whether or not it’s testable that’s another story.”[6] Yet, in a long Washington Post interview, against his attorney’s advice, Fishman argued that he was actually an animal lover whose drugs were solely therapeutics design to “ease the suffering of animals used in a punishing sport.”[7]
At the eleven day trial two trainers Adrienne Hall and Jamen Davidovich, admitted that they bought drugs from Fishman and they themselves face sanctions. Fishman opted not to testify and did not call any witnesses or evidence. In closing arguments Prosecutor Sarah Mortazavi pointed to a table in front of the jury box with numerous boxes filled with vials worth tens of thousands of dollars seized when Fishman was first arrested.[8] Mortazavi told the jury that, “You know what the defendant Seth Fishman is all about…His business was to peddle adulterated and misbranded drugs, performance-enhancing drugs designed by him to cheat horse racing.” In the prosecution’s view Fishman was “a drug dealer, not a veterinarian.”[9]
Fishman’s attorney Maurice Sercarz countered by saying, “Did he do something to violate racing regulations? Yes, but intent to defraud or mislead?…Seth Fishman improvidently chose to live in a rough neighborhood among racehorse owners and trainers bent on cheating.” [10] After two days of deliberation the jury found Fishman guilty, and U.S. District Judge Mary Kay Vyskocil will sentence Fishman on May 5, 2022. Fishman faces up to twenty years in prison.
After the trial Damian Williams, the United States Attorney for the Southern District of New York said, “The jury’s swift conviction of Seth Fishman reflects the overwhelming evidence of his guilt as displayed through this trial. As an ostensible veterinarian – sworn to the care and protection of animals – Fishman cynically violated his oath in service of corrupt trainers and in the pursuit of profits. Through the sale of untested, unsafe, and unstable drugs, Fishman’s illegal drug business was a platform for both fraud and animal abuse. Today’s conviction appropriately condemns the danger inherent in Fishman’s crimes and underscores the seriousness with which this Office takes the kind of abuse that Fishman practiced.”[11]
One of the leading groups in the fight against doping in Horse Racing is the Jockey Club which claimed responsibility for part of the investigations that led to the federal indictments.[12] The Chairman of The Jockey Club, Stuart S. Janney III, issued a statement after Fishman was convicted saying, “I am pleased to see all of the effort and time spent by federal agents, prosecutors, and others who have worked so hard on this case be rewarded with a guilty verdict, and I thank them for their commitment. It is highly encouraging to know that those who cheat and endanger our sport’s athletes, both equine and human, face meaningful and life-changing punishments. Clearly, this verdict will serve as a deterrent to others and it also provides hope for those who want to see true change in the racing industry. This step forward, one of many recently, reflects our steadfast determination towards maintaining the highest levels of integrity and safety for racing’s athletes and customers.”[13]
Further trials will be coming in the next few months. Lisa Giannelli’s trial, which was supposed to occur with Fishman’s was declared a mistrial due to Covid and has yet to be rescheduled. It appears that the next trials with be those of Rick Dane, Jr., and Rebecca Linke. And then there will be the trials of Erica Garcia, Michael Tannuzzo, Jason Servis, and Alexander Chan. Servis was the trainer of Maximum Security who won the 2019 Kentucky Derby but was disqualified. Maximum Security also won the $10m Saudi Cup, but the prize money has yet to be awarded.[14] Two weeks after the Saudi Cup, Servis was one of the 27 defendants named in the Navarro Indictment.[15]
[1] United States Attorney’s Office, Southern District of New York, Manhattan U.S. Attorney Charges 27 Defendants In Racehorse Doping Rings (2020), https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-charges-27-defendants-racehorse-doping-rings (last visited Dec 20, 2021).
[2] United States Attorney’s Office, Southern District of New York, Prolific Thoroughbred Trainer Sentenced To Five Years In Federal Doping Case (2021), https://www.justice.gov/usao-sdny/pr/prolific-thoroughbred-trainer-sentenced-five-years-federal-doping-case (last visited Dec 20, 2021).
[3] Elite Boxing Worldwide, Management Overview (2012), http://www.elite-boxing.com/contact.php (last visited Jan 26, 2022).
[4] Andrew Feldman, United States v. Seth Fishman, Motion To Modify Conditions Of Pretrial Release To Permit Travel To United Arab Emirates, 2020 WL 6365353 (2020), https://harnesslink.com/wp-content/uploads/2021/12/595-4.pdf.
[5] Mary Kay Vyskocil, United States v. Seth Fishman, Order Denying Motion to Travel, 2020 WL 6365353 (2020), https://www.leagle.com/decision/infdco20201030j04 (last visited Feb 4, 2022).
[6] Robert Gearty, Fishman Trial Enters Homestretch (2022), https://www.thoroughbreddailynews.com/fishman-trial-enters-homestretch/ (last visited Jan 28, 2022).
[7] Gus Garcia-Roberts, As his doping case goes to trial, a veterinarian says it’s horse racing that’s corrupt, Washington Post, January 19, 2022, https://www.washingtonpost.com/sports/2022/01/19/seth-fishman-horse-racing-doping/ (last visited Jan 19, 2022).
[8] Gearty, supra note 6.
[9] Jeremy Balan, Veterinarian Found Guilty In First Leg Of Horse Racing Doping Case, USBets (2022), https://www.usbets.com/veterinarian-found-guilty-horse-racing-doping-case/ (last visited Feb 3, 2022).
[10] Rob Gearty, Jury Deliberations Begin In Horse Doping Trial Of Seth Fishman, Horse Racing News | Paulick Report (2022), https://paulickreport.com/news/the-biz/jury-deliberations-begin-in-horse-doping-trial-of-seth-fishman/ (last visited Feb 2, 2022).
[11] United States Attorney’s Office, Southern District of New York, Horse Doping Drug Supplier Convicted In Manhattan Federal Court (2022), https://www.justice.gov/usao-sdny/pr/horse-doping-drug-supplier-convicted-manhattan-federal-court (last visited Feb 2, 2022).
[12] Natalie Voss, Judge Denies Defendant Motions To Dismiss, Request For Recusal In Federal Drugs Case (2021), https://paulickreport.com/news/the-biz/judge-denies-defendant-motions-to-dismiss-request-for-recusal-in-federal-drugs-case/ (last visited Feb 4, 2022).
[13] Rob Gearty, Jury Finds Fishman Guilty; Drug Maker Could Face 15 Years In Prison (2022), https://paulickreport.com/news/the-biz/jury-finds-fishman-guilty-drug-maker-could-face-15-years-in-prison/ (last visited Feb 2, 2022).
[14] Jon Lees, Saudi Cup: Maximum Security investigation paused until completion of US legal process, Horse Racing Planet (2021), http://horseracingplanet.com/2021/10/28/saudi-cup-maximum-security-investigation-paused-until-completion-of-us-legal-process/ (last visited Feb 4, 2022).
[15] Thoroughbred Daily News, Prince Bandar Addresses Maximum Security 2020 Purse Issue (2021), https://www.thoroughbreddailynews.com/prince-bandar-addresses-maximum-security-2020-purse-issue/ (last visited Feb 4, 2022).
