Judge Denies Fishman Motion for Partial Acquittal

Former veterinarian Seth Fishman, who was found guilty by a jury on two counts of conspiracy to commit drug adulteration and misbranding with the intent to defraud as part of a larger federal horse racing performance-enhancing drugs case, was denied a motion for acquittal of one of those counts.

Judge Mary Kay Vyskocil denied the motion in a May 31 order, noting that while there is some overlapping of the facts, the charges and the evidence showed that two different conspiracies were carried out.

"Considering the entire record … the Court has no trouble concluding that a rational trier of fact could find that Seth Fishman both ran his own conspiracy and agreed to participate in (Jorge) Navarro's separate conspiracy," Vyskocil wrote in the 13-page order denying Fishman's motion.

Navarro, a former Thoroughbred trainer, is serving a five-year sentence imposed by Vyskocil after reaching a plea agreement with the government. Doping evidence that could have been used against him was intertwined with Fishman's dealings.

Evidence introduced in the Fishman trial included witness testimony, emails, texts, and wiretap recordings of Fishman talking about doping horses and bragging that his drugs wouldn't appear in post-race testing. Prosecutors also showed the jury thousands of vials of drugs seized from Fishman's Florida company Equestology.

Fishman was tried Feb. 2 in U.S. District Court for the Southern District of New York. Facing a sentence of up to 20 years, Fishman's attorney sought a post-trial dismissal of one of the conspiracy counts, arguing that the facts underlying each conviction constituted the same offense and that conviction on both violates the constitutional rule against double jeopardy, which prohibits being tried more than once for the same crime.

GEARTY: Fishman Guilty in PED Case, Faces 20 Years in Prison

Now that Fishman's Rule 29 motion has been denied, he is scheduled for final sentencing June 30 by Vyskocil. He is in jail pending that court date.

Fishman's former assistant of 18 years, Lisa Giannelli, was also found guilty by a jury May 6 of conspiracy to misbrand and adulterate drugs. After an eight-day trial, the jury deliberated less than two hours. She is facing a sentence of up to five years. Sentencing by Vyskocil is scheduled for Sept. 8. She remains free on a $100,000 bond.

GEARTY: Jury Finds Giannelli Guilty of Conspiracy

Former harness trainer Christopher Oakes, who conspired with Navarro to give performance-enhancing drugs to Thoroughbred racehorses, begins serving a 36-month prison sentence June 1. He was sentenced March 3 by Vyskocil after reaching a plea agreement with prosecutors.

Former trainer Jason Servis is scheduled to stand trial for violation of PED laws Jan. 9 in Vyskocil's courtroom. Servis' grade 1 stakes winner Maximum Security   crossed the wire first in the 2019 Kentucky Derby Presented by Woodford Reserve (G1) but was disqualified by stewards for interference. Maximum Security went on to win the $20 million Saudi Cup in 2020; however, the winner's share of the purse is being withheld as the Jockey Club of Saudi Arabia says an ongoing investigation is pending.