Fishman Defends Release on Bail

Veterinarian Seth Fishman, indicted along with trainers Jorge Navarro and Jason Servis and others for trafficking in mislabeled and adulterated drugs sold to enhance the performance of racehorses, argued in a letter filed Dec. 13 that he has done nothing to jeopardize his release on bail.

In a Dec. 6 letter, federal prosecutors asked U.S. District Judge Mary Kay Vyskocil to review Fishman's bail because he has continued to create and sell "injectable, adulterated and misbranded performance-enhancing drugs" that include an anti-bleeder drug and another called "PSDS: Pain Shot DS." These products were found during a Dec. 3 search of his business in Florida that operates under the names Equestology, Camelology, and Equi-Tech.

Prosecutors have asked for Fishman's bail to be revoked and that he be detained until his trial. A hearing regarding Fishman's bail is set for Dec. 20.

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Fishman's attorney Maurice Sercarz argued in Monday's letter that the veterinarian "has never made a secret of his intention, following his arrest, to continue exporting his products."

Fishman was arrested Oct. 30, 2019, in New York after arriving on a flight from the United Arab Emirates and subsequently released on a $100,000 bond secured by his home in Highland Beach, Fla. After the indictment, Fishman says his primary source of income has been exporting veterinary products to the UAE and that he has no clients or horses under his care in the United States. According to court records, Fishman is the chief research officer with Presidential Camels, Sector of Scientific Centers & Presidential Camels in Abu Dhabi. In that role, Fishman reportedly has worked on research involving zoonotic diseases, African Sleeping Sickness, and breeding.

"And, there is nothing in the evidence seized from Dr. Fishman's premises as a result of the most recent search which demonstrates that he has violated the restrictions of the export exemption to the adulteration and misbranding statutes," the letter states. "We respectfully submit that the Government cannot meet its burden in demonstrating that the defendant's bail should be revoked."

According to Sercarz, federal law states food, drugs, devices, tobacco products, or cosmetics intended for export will not be considered adulterated or misbranded if they adhere to the specifications of the foreign buyer, are not in conflict with the laws of the country where the products are being sent, are labeled they are for export, and are not sold or offered in domestic commerce.

"On the date of his arrest… The bulk of the packages prepared for shipping were destined for Dr. Fishman's clients in the United Arab Emirates. Nonetheless, Dr. Fishman vowed to continue his business while redoubling his efforts to conform his practices to the requirements of the law," Monday's letter states.

Sercarz has claimed, too, in Fishman's defense that the "voluntary consent" given by an administrative assistant of Fishman's to FBI agents when they conducted a Dec. 3 search of his Florida business was not truly voluntary but allowed the search without a warrant.

Fishman's assistant already has had two extensive conversations with prosecutors in which she revealed her involvement with the manufacturing and distribution of Fishman's products over seven years. She was granted limited immunity for her cooperation, however, she is not completely shielded from future prosecution, according to Sercarz.

"In other words, at the time her consent to the search was obtained (1) she was at risk of prosecution for the very offenses with which Dr. Fishman was charged; and, (2) subject to a proffer agreement that allowed ample opportunity to use her statements against her both at trial and at sentencing. Thus, the Administrative Assistant had little choice but to succumb to the demand by agents that they be permitted to search the premises," Sercarz's letter states.

With Fishman's trial schedule to be held in mid January, Sercarz also argued the detention his client will interfere with the preparation of his defense.