Four Penn National Vets Sentenced to Probation, Fined

A federal judge sentenced four individuals who worked as track veterinarians at Hollywood Casino at Penn National Race Course to probation and fines for misbranding drugs by unlawful prescription and conspiracy to misbrand drugs.

United States District Court Judge Susan Schwab sentenced each of the four vets—Kevin Brophy, Fernando Motta, Christopher Korte, and Renee Nodine—to two years probation and fines of $5,000 for the crimes prosecutors said were related to the vets administering drugs to horses within 24 hours of racing. 

Prosecutors alleged those administrations violated state laws that prohibit the rigging of publicly exhibited contests, administering drugs not pursuant to a valid prescription, and—in violation of federal law—constitute misbranding of the prescription animal drugs. 

The judge's sentencing said the misbranding offenses ended May 1, 2012, although prosecutors alleged the activities took place as early as 1986 and continued up to August 2014. Prosecutors alleged the defendants conspired with horse trainers, whose identities are "known to the United States," to administer the drugs in violation of the laws, rules, and regulations governing the conduct of Thoroughbred racing. 

In his 2015 guilty plea, Brophy outlined the scheme to administer drugs to horses on race day. He agreed with the district attorney's outline that said invoices would be sent to trainers or owners for the administered drugs and these invoices were backdated so it would appear the administrations took place outside the prohibited 24-hour time frame in an effort to conceal criminal activity. Also, Brophy agreed that the administrations were not included in the veterinary treatment reports required by the Pennsylvania Racing Commission. 

Federal charges were initially brought against the four vets in late March 2015. The maximum penalties in the vet cases under the federal statute was two years imprisonment and a $200,000 fine. 

Earlier this year former trainer Murray Rojas was sentenced to 27 months in federal prison after she was found guilty of misbranding drugs and illegally administering drugs to horses in 2013. Rojas' indictment followed the indictments of the four vets.

In 2017, Rojas was found guilty in a U.S. District Court on 14 counts of causing a prescription animal drug to be misbranded and conspiracy to commit misbranding. Trial evidence showed backdated invoices in attempts to conceal the sale and race-day administration of drugs Rojas directed veterinarians to give to horses in her care. Penn National ejected the trainer in July 2017.

The criminal charges against the vets also followed the November 2013 federal indictments of Penn National trainers David Wells, Sam Webb, and Patricia Anne Rogers, as well as clocker Danny Robertson. Wells eventually pled guilty in state court to race-rigging, admitting to numerous race-day medication violations, and as part of his sentence was incarcerated for three months. Rogers' case was also moved to state court where she received 12 months probation and 40 hours of community service. Webb's case was thrown out of federal court; Robertson entered a guilty plea in federal court.

In arguing for probation, Korte's and Motta's attorney Geoffrey McInroy noted their cooperation. He also noted that the horse trainers who faced federal charges related to the same conduct ultimately were prosecuted in state court, with the exception of Rojas.