The jury in the federal equine doping trial against Seth Fishman heard January 25 part of a stolen Federal Bureau of Investigation recording in which veterinarians discussed whether those types whether the drugs he sold to the horse trainers were doping-related.
“Anytime you give something to a horse, it’s doping,” Fishman said in conversation recorded by the FBI on April 5, 2019. “Whether they tested it or not is another story. .”
On the call with Fishman was an unidentified person who wanted to know more about the drug.
“But it’s not doping, right?” the person asked.
“Don’t make fun of yourself,” Fishman also told him. “If you are giving something to a horse to make it better, and you are not allowed to do it, that is doping. You know, it’s testable or not is another story.”
Wiretapping was played in court on the fifth day of the trial as testimony resumed after a one-day hiatus. On January 24, Judge Mary Kay Vyskocil ruled there was no basis in the case of co-defendant Lisa Giannelli. Giannelli’s attorney tested positive for COVID-19 in court on Monday, warranting misconduct.
As the day began on Tuesday, Vyskocil announced a ruling that dismissed Fishman’s attorneys’ motion to handle the violation. They moved to the trial because of a positive COVID-19 test result, which they believe upset the trial’s process, and because of remarks Giannelli’s attorney made in opening statements last week. which they believe could harm the jury for their client.
That attorney, Louis Fasulo, described his client as “a ox” to Fishman’s “shepherd owner.”
Vyskocil countered that Fish-Man was not prejudiced.
“Dr. So far Fishman has received a fair trial and will continue to receive a fair trial,” Vyskocil said.
Fishman is one of more than two dozen members of the equestrian community charged in the March 2020 raid charges with conspiring to drug horses at races around the country. Illegal performance-enhancing drugs will not appear during post-race checks. Those charged include top trainer Jason Servis, who is awaiting trial, and Jorge Navarro, who was convicted of conspiring with others to defraud horses and was sentenced to five years in prison.
Fishman was charged with two counts of conspiracy to violate drug dispensing and misbranding. He faces a maximum sentence of 15 years in prison if convicted.
As part of the case, prosecutors allege Fishman accepted tens of thousands of dollars from Navarro in exchange for the unverified drug.
On Tuesday, prosecutors called Dr. Jean Bowman, the veterinary medical officer in the FDA’s oversight division, as an expert government witness.
In her testimony, prosecutor Sarah Mortazavi included photos of evidence taken on the day of Navarro’s arrest in 2020 that showed he was in possession of his Florida home four alleged PEDS from the United States. fish.
Mortazavi exploited those drugs, named BB3. The indictment describes BB3 as a custom “blood-building” PED that, when combined with intense physical activity, thickens a horse’s blood. According to the indictment, a horse doped with BB3 is at risk of a heart attack.
The photo of BB3 seized by the FBI from Navarro’s residence shows only the name of the product on the bottle.
Bowman testified that BB3 has not been approved by the FDA and she could find no studies in the FDA database on BB3 nor its efficacy and safety in horses.
Bowman also told the jury that the label on the BB3 bottle should contain more information to get it through with the FDA. She says the label needs to have the name of the veterinarian prescribing it, how and when to use the medication, the manufacturer’s identity, and what precautions should be taken before use.
The doctor testified that BB3 and other drugs that Fishman sold should only be prescribed after a physical examination of the animal.
Prosecutors allege that Fishman never did that before shipping his PED to the buyer.
At one point during questioning, Mortazavi had Bowman read an email Fishman sent to Giannelli on January 5, 2019, which contained a list of available medications from Fishman’s Equestology business in South Florida.
“BB3: will only allow trusted customers to have this,” Bowman quoted the email.
Fishman attorneys Maurice Sercarz and Marc Fernich will have the opportunity to cross-examine the FDA expert when the trial resumes January 26.
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