Dane PED Guilty Plea Adds to New York Convictions

Rick Dane Jr., one of more than two dozen persons indicted for horse doping activities in New York, entered a guilty plea Feb. 18 in the United States District Court for the Southern District of New York in Manhattan.

Judge Mary Kay Vyskocil approved a plea bargain Dane made with prosecutors. By changing his plea to guilty, Dane will avoid trial. Final sentencing is scheduled June 21, and a monetary judgment of $33,912, representing the value of forfeitable property, will be entered against Dane. Assistant U. S. Attorney Anden Chow appeared for the government. Calvin H. Scholar appeared as appointed counsel for Dane.

The original indictment against Dane charged him with one count of conspiracy to commit drug adulteration and misbranding and one count of conspiracy to defraud the United States, alleging he purchased and helped distribute PEDs. His plea was to a single count of drug adulteration and misbranding that described conduct occurring between 2017 and 2020.

The government connected Dane's conduct to that of Dr. Seth Fishman (a veterinarian facing a prison term up to 20 years), Jordan Fishman (recently sentenced to 15 months in prison), and Lisa Giannelli (a former employee of Seth Fishman who is awaiting trial). Among other activities, Seth Fishman designed PEDs that couldn't be detected in lab testing, and Jordan Fishman manufactured them.

Previous court filings indicate Dane made incriminating statements after his arrest. Dane is a former New Jersey-based Standardbred trainer whose license was suspended after the criminal charges came to light.

Dane's plea agreement with the government, finalized last week, comes on the heels of a jury's guilty verdict on two counts of conspiracy against Seth Fishman in the same courtroom.

Two prominent Thoroughbred trainers were among those indicted in the New York cases. Jorge Navarro is expected to start serving a five-year term in March after being sentenced in December. A trial date for Jason Servis is pending. There is a March 2 deadline for the multiple defendants directly related to his case (Erica Garcia, Michael Tannuzzo, Alexander Chan, and Servis) to ask for a trial separate from the others.

Posner Scheduled for Trial

Shortly after the Dane hearing, a trial date of July 11 was set during a pre-trial conference in the case against Dr. Michael Posner, a veterinarian among four defendants named in a related 2020 federal indictment pending in New York. Judge J. Paul Oetken reserved a week for the trial.

Friday's hearing followed a Feb. 14 ruling by Oetken denying a motion filed by Posner's attorney seeking  dismissal of the charge filed against him, a single count of conspiracy to defraud the United States with drug adulteration and misbranding. As for the three other defendants named in that indictment:

—In September 2020 Scott Robinson entered a guilty plea to charges related to his role in distributing adulterated and misbranded PEDs. Robinson was sentenced in March 2021 to 18 months in prison.

—In April 2021 former pharmacist Scott Mangini admitted his guilt along similar lines, and he was sentenced in September 2021 to 18 months. Prosecutors built a case that Mangini sold products to Robinson, who resold them.

—In June 2021 Carl Garofalo Sr. entered a guilty plea and was referred for a pre-sentence report. Sentencing was delayed until Feb. 28, and sentencing submissions by each side of the case are being made.

The Posner case is pending in the U. S. District Court for the Southern District of New York.