Judge Schedules Bail Revocation Hearing for Vet Fishman

A bail revocation hearing has been scheduled Dec. 20 before U.S. District Judge Mary Kay Vyskocil to address a government claim that suspended veterinarian Dr. Seth Fishman has continued to violate federal misbranding laws and terms of his pretrial release.

Fishman is one of more than two dozen individuals charged in a large-scale horse-doping scheme involving misbranded and adulterated drugs. Fishman is accused of selling such drugs. He has maintained a not guilty plea and could go on trial in the first quarter of next year.

In a letter to Vyskocil dated Dec. 6, U.S. Attorney Damian Williams and assistant U.S. Attorneys Andrew Adams and Sarah Mortazavi wrote that in the course of proferring a potential trial witness who has been a longtime employee of Fishman's, that employee noted the business "continued to operate in a purportedly limited capacity."

Williams referred to that employee as Employee-1 and noted the business operating under trade names Equestology, Camelology, and Equi-Tech. 

"More specifically, Employee-1 informed the government, in substance and in part, that Fishman's business was creating 'energy drinks' for foreign distribution and that Employee-1 remained tasked, by Fishman, with continuing to create a 'bleeder' paste (itself a drug containing active pharmaceutical ingredients), which Employee-1 also described as being for foreign distribution. As charged in the indictment, Fishman's drug operation is not registered or licensed with the FDA to create, manufacture, and distribute drugs, including the 'bleeder' paste reportedly in continued production."

Later Dec. 3, with Federal Bureau of Investigation agents accompanying the employee to her workspace, a consent search confirmed those claims, the attorneys wrote.

Also found were "additional injectable, misbranded, and adulterated performance-enhancing drugs, including the injectable drugs 'HP Bleeder' and 'PSDS: Pain Shot DS,'" the letter continued. "Labeling on certain of the vials discovered during this consent search reflect that Fishman continues to create and distribute these drugs today, including 'date of manufacture' markings reflecting activity even into 2021."

Photographs taken during the consent search accompanied the letter. In one photo, the U.S. attorneys wrote that it appears to depict recently created packaging for E.G.H.—"equine growth hormone, a substance that, like HP Bleeder and various pain shots, were also sold by Fishman during and as part of the charged conspiracies."

According to the government, HP Bleeder previously was found in searches of premises controlled by defendants Jorge Navarro, Lisa Giannelli, Christopher Oakes, Richard Banca, and Louis Grasso.

"In addition to constituting evidence of the charged offenses and reflecting continued violation of federal law, the recent search reflects Fishman's failure to comply with the most basic term of his pretrial release, namely that he not 'violate federal, state, or local law while on release,'" the letter continued.

In their letter to the Vyskocil, the U.S. attorneys asked her to consider the imposition of pretrial detention for Fishman. Case proceedings are taking place in the Southern District of New York.

No documents related to the bail revocation hearing had been filed online by Fishman's attorney, Maurice Sercarz, as of noon ET Tuesday. The defendant's opposition is due Dec. 13, Vyskocil wrote in her hearing scheduling.