Jordan Fishman Pleads Guilty to Misbranding Drugs

Jordan Fishman, charged in a large-scale horse-doping scheme to distribute misbranded and adulterated drugs, changed his plea from not guilty to guilty during a video-conferenced court session before United States District Court Judge Mary Kay Vyskocil Oct. 6.

Vyskocil will sentence Fishman Feb. 8 on one count of drug misbranding and adulteration with intent to defraud or deceive. Fishman's plea agreement has a recommended sentence of 12-18 months in prison and a fine between $5,500 to $55,000.

Fishman, 63, is one of more than two dozen facing charges in the United States Southern District of New York. Some other defendants have also changed their pleas in recent months from not guilty to guilty, including veterinarian Kristian Rhein and embattled trainer Jorge Navarro.

Others, such as fellow suspended trainer Jason Servis, have maintained not guilty pleas while rulings on legal motions to suppress wiretap evidence are collected by the government. Those recordings captured defendants discussing illegal activities, prosecutors allege.

U.S. Attorney Andrew Adams told Vyskocil the government intercepted communications between Jordan Fishman and veterinarian Seth Fishman discussing the "preparation and compounding of pharmaceuticals and other prescription drugs to be sold and distributed by Seth Fishman's company, Equestology." The two are not related, Jordan Fishman told the court.

Nearly one hour into Wednesday's change-of-plea hearing, Vyskocil asked Jordan Fishman to describe the actions that made him guilty.

"From 2017 to March of 2020, I aided in the formulation of misbranded and adulterated drugs," Fishman said. "These were shipped in interstate commerce to Florida to Seth Fishman, and these were formulations that were designed, marketed, and distributed by Seth Fishman and others. Seth Fishman provided the materials and formula requests, and then I made the solutions consistent with these formulas. These formulas included vitamins, amino acids, nutraceuticals, and some steroid drugs and anti-inflammatories. I placed these into unmarked vials, and they were shipped overseas in some cases, and they were also shipped to Florida. And that should not have been done—I take responsibility for that."

Later, upon further questioning, he acknowledged that he knew what he was doing was illegal, noting he was not authorized by the Federal Drug Administration to produce or distribute such drugs. 

He said he was not aware "they were going to be used in Thoroughbred racehorses. I just knew that Seth had a business that involved that."

Neither Navarro nor Servis was named during the Wednesday hearing as having received drugs involving the Fishmans.

Lisa Giannelli and Rick Dane Jr. are also accused by the government of working with Seth Fishman in the performance-enhancing drugs scheme.

Adams further told the court that had the case gone to trial, the government would have presented evidence of data from a cloud storage account, containing formulas for custom-made performance-enhancing drugs and shipping records between Jordan Fishman and Seth Fishman.

Adams noted to Vyskocil that restitution was not required under the terms of Jordan Fishman's guilty plea to a misbranding charge.

During court formalities, Vyskocil told Jordan Fishman that she would determine the amount of time he serves, and his sentence could potentially exceed the recommended length. There is no parole in the federal system, and individuals serve at least 85% of their allotted sentences, she said.