Navarro Faces Sentencing Dec. 17 in Federal Court

There was an incident four years ago at Monmouth Park in which trainer Jorge Navarro loudly laughed about his reputation as "The Juice Man."

"That's the way we do it," he said, while standing near owner Randall Gindi, in an infamous video. Then they add, "We (expletive) everyone."

Back then, his shady reputation and high win percentages may have been a joke to Navarro. But he's not laughing anymore.

On Dec. 17 in a Manhattan federal courtroom, a humbled Navarro will listen as U.S. District Court Judge May Kay Vyskocil announces how much time he will spend in prison for playing a central role in a widespread conspiracy involving the distribution of misbranded and adulterated drugs and administering performance-enhancing drugs to racehorses that has been a dark cloud for the sport since the announcement of the participants' indictments some 21 months ago.

Navarro is facing up to five years in prison and possibly more if Vyskocil finds his crimes heinous enough—after his Aug. 11 decision to plead guilty to one count of the charges, a stint which could be served in his native country of Panama. The seven-time leading trainer at Monmouth Park is also facing forfeiture of $70,000 and a staggering $25.8 million in restitution to unspecified victims of his crimes.

A second count in the misbranding conspiracy was dropped in exchange for Navarro's waving of a federal trial in the United States District Court Southern District of New York courthouse where he will be sentenced Friday.

Navarro won 1,224 races with a 28% win percentage and earnings of $34.8 million before his 12-year career came to an abrupt end when he was arrested and indicted March 9, 2020, along with more than two dozen defendants.

Wiretap evidence sealed Navarro's fate as court documents include transcripts of Navarro brazenly discussing his use of PEDs.

In one of them, he detailed how his $3 million earner X Y Jet received injections and treatments of a blood builder. That horse ultimately died in Jan. 2020, allegedly of a heart attack.

According to court documents, while talking with fellow defendant Marcos Zulueta, who pled guilty in October, Navarro spoke about administering PEDs to the ill-fated horse, saying he gave him "50 injections (and) through the mouth."

Wiretaps also caught Navarro and fellow trainer and defendant Jason Servis, who submitted a not guilty plea and is awaiting trial late in the first quarter of 2022, talking about their use of PEDs.

In a March 2019 phone call with Servis, Navarro said, "I have it at home, but (expletive) I'm afraid. I'm afraid to bring it over. Servis replied, "No, I'm scared to death right now," eliciting laughter from Navarro.

Servis then said, "The horses are running like crazy." To which Navarro said, "Buddy, you're killing them, buddy. You're killing them."

Another wiretap revealed a March 10, 2019 call with Zulueta in which Navarro spoke of a need "to clean up things" but he continued to administer the PEDs.

"Marcos," he said, "we need to clean up things because they are going to (expletive) us up. They are going to kick us out of the business if we keep up with the craziness. They are going to kick us out of the business, Marcos." 

Taped conversations involving other defendants also painted a grotesque picture of Navarro's treatment of the horses under his care. At one point, Navarro had a stable of 140 horses.

According to case documents, in a conversation between two of the defendants, Nicholas Surick says to trainer Michael Tannuzzo that "You know how many (expletive) horses (Navarro) (expletive) killed and broke down that I made disappear? You know how much trouble he could get in if they found out (about) the six horses we killed?"

Surick was not named in a superseding indictment, while Tannuzzo has pled not guilty and is awaiting trial.

In submitting his guilty plea, Navarro confessed to actions that had been long-suspected throughout the industry.

"I confirm that (from) approximately 2016 through Mar. 9, 2020, I administered, and, at times, directed (others) working under my direction to administer non-FDA-approved, misbranded, adulterated drugs to increase performance of racehorses under my custody and care," he said. "(Drugs) were administered to horses without a valid prescription. The drugs (were) blood-building substances, vasodilators, and imported, misbranded bronchodilators, 'bleeder' pills, and SGF-1000."

That statement, however, had little impact on federal prosecutors in the New York Southern District whose sentencing submission called on Vyskocil to apply the full, five-year sentence due to his reckless actions for a prolonged period of time.

They wrote, "Navarro casually related that a particular pain medicine offered for sale to Navarro was so powerful, 'the guy (offering Navarro the drug) says he has killed about four horses already.' He is saying the horses can't take it, and die." 

Continuing, they added that "when speaking privately with co-conspirators, Navarro did not maintain the  pretense of caring about his horses' health."

Navarro is among 10 of the 28 defendants in the case and related indictments who have submitted guilty pleas, and prosecutors want a long-term sentence in hopes of delivering a message to others in the racing industry that their cheating could result in lengthy prison terms as opposed to brief suspensions.

"A guidelines sentence is necessary to afford adequate general deterrence," they wrote. "Racehorse trainers, who are entrusted with the care and custody of racehorses, have unfettered access to these animals, and by extension are entrusted to ensure those horses' care and health. Like veterinarians, trainers are afforded a certain latitude under the assumption that they are acting in good faith as competitors and as custodians of racehorses. Navarro exploited that good faith. He, like many actors in the racehorse industry had grown indifferent to, and dismissive of, the notion of obtaining illegal drugs to dope racehorses for profit. Racehorse trainers, in particular, assume that even if caught doping, they will have the means and wherewithal to obfuscate, litigate, and intimidate others into overlooking or justifying a violation, and thus continue their doping practices unencumbered. 

"A guidelines sentence of 60 months imprisonment (for Navarro) will send a strong signal to racehorse trainers and others in the industry that there will be serious consequences if they abuse their position of trust by engaging in the callous and dangerous practice of doping racehorses for profit. A significant sentence will counter the pervasive view in the racehorse industry that selling and administering adulterated and misbranded drugs is inconsequential and that the consequences of criminal activity will never amount to significant criminal penalties."

Come Friday morning, that message should be delivered loud and clear.