First Trial Set for Defendants in Federal Doping Case

The federal horse doping case against two defendants in the Southern District of New York got a bit more real when an order was entered setting Jan. 19 as a firm trial date.

The order, signed Jan. 7 by U.S. District Judge Mary Kay Vyskocil, was entered Jan. 10 and says, "In light of the adjournment of the trial in another case, the trial of the Group I defendants will begin on January 19, 2022."

The Group I defendants were identified in court records on Nov. 4, 2021 as Seth Fishman and Lisa Giannelli. Their cases received what is described as "the first back-up slot" to commence trial Jan. 19, and they were ordered to be ready. Now they are first in line.

Fishman was indicted in early 2020 on two counts of a conspiracy to misbrand medications that were designed for use on racehorses. Each count carries a maximum penalty of five years incarceration and a $10,000 fine.

Giannelli was charged with the same offense in one of those counts.

Jordan Fishman, who was originally named among Group I defendants, entered a guilty plea Oct. 6, 2021, to one count of drug misbranding and adulteration and is scheduled for sentencing Feb. 8. The plea agreement calls for between 12 and 18 months incarceration and a fine.

At the time of the indictment, Assistant U.S. Attorney Andrew Adams said defendants "focused on doping and the use of performance-enhancing drugs to win professional horse races in the Thoroughbred and Standardbred industries."

A set of defendants called Group II in court documents, received the third back-up slot to begin trial March 21, 2022, and Vyskocil ordered those parties to be prepared. They are identified as Rick Dane Jr. and Rebecca Linke.

Linke entered into the deferred prosecution agreement during a Dec. 21 virtual hearing before Vyskocil. The agreement requires Linke to be supervised for two years by a U.S. Pretrial Services officer and be subject to a number of restrictions during that time. At the end of the two years and provided she has complied, all the charges Linke faces as part of the federal indictment will be dropped.

Group III defendants have been identified as Jason Servis, Alexander Chan, Erica Garcia, and Michael Tannuzzo. It is not unlikely those cases will be set for trial the first half of this year.

A status conference is set for all these cases Jan. 13. The court will want to know whether the Group I cases are likely to need a trial as opposed to the parties, or either of them, entering a plea agreement; whether the prosecution and defense teams are prepared to announce ready on the date of trial; and other preliminary matters. It would not be surprising if the court discussed plans for the Group II trial date March 21 and a potential trial date for Group III defendants.