Jordan Fishman Receives 15-Month Sentence in PED Case

Jordan Fishman, one of more than two dozen individuals charged in early 2020 in a horse-doping scheme, was sentenced Feb. 8 to a 15-month prison term. The ruling, handed down in United States District Court for the Southern District of New York in Manhattan by Judge Mary Kay Vyskocil, calls for him to surrender for service of the sentence May 9.

According to an email from Margaret Garnett, Deputy U.S. Attorney, the surrender date allows time for the Bureau of Prisons to complete its process and designate a particular facility for service of the sentence. 

There was no forfeiture order or potential for a restitution order. A year of supervised release will follow the completion of the sentence.

Jordan Fishman, who worked for Dr. Seth Fishman, entered a guilty plea last October. Originally charged with one count of conspiracy to create, receive, and distribute adulterated and misbranded drugs in interstate commerce with the intent to defraud and deceive, the plea in October was to a superseding charge of drug adulteration and misbranding.

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

According to a sentencing report made by the U.S. Attorney's office, Jordan Fishman was accused of creating and supplying Seth Fishman with "a slew" of doping agents per Seth Fishman's specifications for purpose of resale to trainers and others in the racehorse industry.

In the first trial of the multiple federal defendants indicted for doping activities in New York, Seth Fishman was convicted Feb. 2 of two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDs administered to racehorses after just three hours of jury deliberations. He's facing up to 20 years in prison and is scheduled to be sentenced May 5.

A letter to Vyskocil signed by Assistant U.S. Attorney Sarah Mortazavi, who appeared in court Tuesday, recommended a sentence range for Jordan Fishman of 12 to 18 months according to guidelines that are instructional but not mandatory. According to court records, Fishman asked for a sentence of "time served." 

Mortazavi argued in a court document that time served was far from appropriate given that Fishman's actions were "not the result of a single lapse in judgment. Jordan Fishman brought to bear his specialized training, experience, and his access to a laboratory capable of manufacturing drugs at a large scale."

Patrick Joyce, Fishman's attorney, did not respond to a message left for comment before this story was published.

The next trial date scheduled for prosecution of cases involving distribution and use of illicit drugs on racehorses is March 21. That is the date originally set for defendants described as Group II: harness trainer Rick Dane Jr. and New Jersey veterinarian Dr. Rebecca Linke. Lisa Giannelli was added as a Group II prospect last month.

Late last week Calvin H. Scholar, an attorney appointed to represent Dane, advised Vyskocil that the "parties continue to seek resolution of this matter and are possibly close to reaching a resolution."

On Dec. 21, Linke entered into a deferred prosecution agreement approved by Vyskocil. Linke is being supervised for a two-year period by Pretrial Services and is subject to a number of restrictions that include no involvement with horse racing. If she is successful in abiding by the agreement, charges will be dropped after two years.

Giannelli was being tried in January alongside Seth Fishman, for whom she previously worked, when a mistrial in her case was declared in the early stages when her attorney tested positive for COVID-19.

If the Dane case isn't worked out, he may go to trial March 21, but it's unlikely Giannelli will be tried with him. On Feb. 7, attorneys on both sides reported to Vyskocil that the two "cannot be jointly tried given Bruton issues raised by Dane's post-arrest statements."

Bruton v. United States is a 1968 United States Supreme Court case holding it is unconstitutional for a confession by a co-defendant to be introduced during a joint trial. The end result is that defendants are not tried jointly under such circumstances.

If Dane's case is settled, Giannelli might or might not be tried March 21. The government informed Vyskocil Monday that her attorney "is scheduled to proceed to trial on March 29, 2022 (in a case) which is a confirmed trial date involving a detained defendant."

Trainer Jorge Navarro was sentenced to a five-year prison term Dec. 17 for playing a central role in the distribution and administration of misbranded and adulterated drugs to win Thoroughbred horse races. Navarro has paid a $70,000 forfeiture and faces $25,860,514 in restitution. He's scheduled to start serving his time in mid-March after receiving an extension due to impending eye surgery.

Group III defendants are trainer Jason Servis, Alexander Chan, Erica Garcia, and Michael Tannuzzo. Their cases are not set for trial.