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After Horse Drug Fraudster Navarro Pleaded Guilty Seth Fishman Trial Submissions Trashed

By Matthew Russell Lee, Patreon Thread
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Jan 10 -- In what was called a racehorse doping take-down, the US Attorney for the Southern District of New York on the morning of March 9, 2020 announced more than a dozen arrests. 

Inner City Press went to cover the presentments in the SDNY Magistrates Courts and personally witnessed 11 of them, all given bail packages and released: " Defendants up now, arrested 4-5 am in race horse drug adulteration conspiracy case: Alexander Chan (Federal Defender), Christopher Marino, Henry Argueta, Kristian Rhein (retained, R), Michael Tannuzzo, Nicholas Surick (R), Rebecca Linke and Ross Cohen (R)." 

On December 6, 2021 the US Attorney's Office told Judge Mary Kay Vyskocil that Seth Fishman is still violation the law with 'bleeder" paste and energy drinks.

On January 10, 2022, Judge Vyskocil ruled: "as to Seth Fishman re: [644] Proposed Jury Instructions, filed by Seth Fishman... ENDORSEMENT: This submission is wholly inadequate, especially since the Court granted defense counsel an extension of time to file it [ECF No. 629]. There are no case-specific proposed instructions whatsoever in this letter. Rather, all that has been submitted is a list of instructions that would be applicable to virtually any conspiracy case. In addition, as trial counsel should know, proposed jury instructions, voir dire questions, and verdict forms must be submitted jointly, noting any areas of disagreement between the parties. Indeed, defense counsel must have contemplated filing these submissions jointly when he requested an extension of the deadline for the government, as well as the defense [ECF No. 627]. Moreover, proposed jury instructions and voir dire questions obviously must include the text of the requested instruction or question, as well as citations to authority and arguments why any contested instructions or questions are appropriate. Accordingly, IT IS HEREBY ORDERED that counsel shall file revised proposed jury instructions by noon tomorrow, January 11, 2022. The defense is on notice that failure to submit adequate proposed voir dire questions may result in waiver of the opportunity to request oir dire questions. The parties must be prepared to discuss all pretrial filings at the upcoming pretrial conference. (Signed by Judge Mary Kay Vyskocil on 1/10/22)."

On December 17, this: "JORGE NAVARRO received a sentence of sixty months’ imprisonment today for his leading role in the felony drug misbranding and adulteration charges arising from this Office’s investigation of the abuse of animals through the use of performance enhancing drugs and as charged in United States v. Navarro et al., 20 Cr. 160 (MKV).  NAVARRO was sentenced by U.S. District Judge Mary Kay Vyskocil, who furthered ordered that NAVARRO pay $26,860,514 in restitution for the fraud perpetrated through his doping program."

On January 6-7, 2022, this: "JUDGMENT IN A CRIMINAL CASE as to Michael Kegley, Jr (14). The Defendant pleaded guilty to Count one of the S7 information. All open counts in S1 and S6 are dismissed on the motion of the United States. IMPRISONMENT: 30 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be housed at FCI Ashland. It is further recommended the defendant be housed in a facility where he can receive proper care for his medical condition. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 3/7/2022. SUPERVISED RELEASE: 1 year. ASSESSMENT: $100.00 due immediately. (Signed by Judge Mary Kay Vyskocil on 1/6/2022) (lnl)"

On August 2, Federal Defenders filed for defendant Alexander Chan a motion to suppress Title III wiretaps, writing that "When the FBI filed wiretap affidavits to intercept calls from Jason Servis and Kristian Rhein, they knowingly and intentionally misrepresented to the court that SGF-1000 and Clenbuterol were PEDs. They did so despite knowledge that SGF-1000 had been tested by a world reknown laboratory, the Hong Kong Jockey Club Lab and had been found not to be a PED." Watch this site.

On July 30, it emerged the lead defendant was set to plead guilty, see below.

On October 20, Christopher Oakes pleaded guilty. Inner City Press covered it. Judge Vyskocil asked if he trained and drugged thoroughbred or standard horses (standards), and if it was at Yonkers (it was). The AUSA described a covert search of the barn associated with the defendant. Judge Vyskocil accepted the plea and set sentencing for February 17 at 10 am.

On September 29: "ORDER as to Jordan Fishman. Change of Plea Hearing for Jordan Fishman is scheduled for 10/6/2021 at 4:30pm before Judge Mary Kay Vyskocil."

And Inner City Press covered and live tweeted it here

On August 30, trial dates: "ORDER as to Seth Fishman, Lisa Giannelli, Jordan Fishman: It is hereby ORDERED that the following trial schedule will be in effect as to Defendants Seth Fishman, Lisa Giannelli, and Jordan Fishman: The parties must be prepared for trial to commence on November 15, 2021 at a time and courtroom to be notified; Jury charge requests, proposed voir dire questions, and any motions in limine will be due October 25, 2021; Any opposition papers to motions in limine will be due November 1, 2021; The final pre-trial conference will be scheduled for November 10, 2021, at 10:00am in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/30/2021)."

But on September 15 in another status conference, one defense lawyer cited having another trial before SDNY Judge Valerie E. Caproni. Yet another lawyer had written to SDNY Judge Andrew L. Carter. Other issues arose. It was agreed to postpone this trial to the first quarter of 2022.

 This 19 defendant case is US v. Navarro et al., 20-cr-160 (Viskocil).

 But what of Amr Abdelaziz of Phoenix Thoroughbreds, who used horses to launder money from OneCoin about which the SDNY prosecutors were so concerned until, like with the UN, they weren't? Watch this site.

sdny

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