Judge Denies Motion to Postpone First Doping Trial

The horse doping trial set to commence next week in the U. S. District Court for the Southern District of New York will proceed as scheduled after Judge Mary Kay Vyskocil denied motions Jan. 13 to postpone the trial filed for defendants Dr. Seth Fishman and Lisa Giannelli.

Those two defendants, known in court records as Group I among three sets charged with related offenses, face conspiracy charges to misbrand and distribute illegal performance enhancing drugs for use in horse racing. Vyskocil's ruling came during a pre-trial conference in New York City with attorneys in court. Fishman and Giannelli were granted leave to appear by videoconference.

Citing what they termed sensitive personal information that is redacted in the court record, as well as more general concerns regarding the COVID-19 pandemic and how it might affect affording a fair trial, Fishman and Giannelli sought to push back a Jan. 19 trial date. Instead, their final pre-trial conference was set Jan. 18 at 2 p.m. ET by Vyskocil.

Group I defendants originally consisted of Jordan Fishman, Seth Fishman, and Gianelli, before Jordan Fishman entered a plea agreement that admits guilt to one count of drug misbranding and adulteration and calls for between 12 and 18 months incarceration and a fine. He is scheduled for sentencing Feb. 8. 

Jordan Fishman and Seth Fishman are not related, Jordan Fishman told the court last fall.

Group II defendants consisted of Rick Dane Jr. and Rebecca Linke, but Linke entered into a deferred prosecution agreement, subject to conditions, on Dec. 21, leaving Dane alone in a third backup slot trial date set for March 21, 2022. 

Group III defendants are Jason Servis, who appeared during Thursday's hearing via videoconference, Alexander Chan, Erica Garcia, and Michael Tannuzzo. Their cases are not yet set for trial. 

According to prosecutors, Fishman and Giannelli, through a company called Equestology, specifically targeted clients in the racehorse industry, selling dozens of drugs purported to have performance-enhancing capabilities.

In pleading guilty last year, Jordan Fishman said he aided in the formulation of such drugs upon the direction of Seth Fishman.

"Seth Fishman provided the materials and formula requests, and then I made the solutions consistent with these formulas," Jordan Fishman said in court proceedings Oct. 6. "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."

During Thursday's pre-trial conference, Vyskocil reviewed a pre-filed set of jury instructions (termed a "charge") of almost 80 pages. The charge is subject to revision, depending on how the trial, which could take as many as 18 days, plays out.