Jason Servis PDF

Case 0:20-mj-06143-JMS Document 1 Entered on FLSD Docket 03/09/2020 Page 1 of 29
SOZTHER/I DISTRICT OF NEW YORK

'
UNITED STATES OF AMERICA

,
:
p,J/ys.sv
'owss
:
SEALED INDICTMENT
JORGE NAVA RRO,

ERICA GA RCIA ,
MARCOS ZULUETA ,
MICHAEL TANNUZZO ,
GREGORY SKELTON , '
ROSS COHEH ,
SETH FISHMAN ,
LISA GIANNELLI,
'-
,,
j
'
.
$
-
j
,
--
4
--,
1
j
!
:
.
j
!
,
:
--
j
4
;
,g.
.
,,-
.,
--
JORDAN FISHMAN ,
RICK DANE , JR w
CHRISTOPHER OA KES,
JA SON SERV IS,IM
FILED BY D.C.
KRISTIAN RHEIN :
MJCHAEL KEGLEY ,
ALEXANDER CHAN , MA2 -S 2022
HENRY ARGUETA , ANGELAE.NOBLE
NICHOLAS SURICK , GLERK U S.DIST CX
s.D.oFFl
..
k.-FT.i-Aun.
REBE CCA LINKE, and
CHR ISTOPHER MA RINO ,
Defendants.
BACKGROUND
Overview of the Charges
a $100 billion global

industryr draws millions fans each United
States around the world . Racehorses may auction for
$1,000,000 compete purses several

m illions dollars . the United Statesr horse racing
industry is subject array federal and regulations

G
aimed protecting participating horses and ensuring fair
competitionz among other things. These regulations include
proscription the use performance-enhancing drugs (uPEDs'')

and testing regimes designed ensure that racehorses are
under their influence .
The charges this Indictment result from
widespread, corrupt scheme by racehorse trainers, veterinarians,
PED distributors, and others manufacturer distribute, and
receive adulterated and misbranded PEDS and to secretly administer
those PEDS racehorses under scheme participants' control. By
evading PED prohibitions and deceiving regulators and horse racing
authorities, among othersr participants sought improve race
performance and obtain prize money from racetracks throughout the
United States and other countries, including New York, New
Jersey, Florida, Ohio, Kentucky, and the United Arab
Emirates (''UAE'') the detriment and risk of the health and
well-being of the racehorses. Trainers who participated the
scheme stood to profit from the success of racehorses under their
control earning share their horses' winnings, and by
improving their horses' racing records, thereby yielding higher
trainer fees and increasing the number of racehorses under their

control . Over the course of th'e scheme , participants manufactured ,
purchasedz sold, shipped, delivered, received, and administered
thousands of units of PEDS for use on racehorses.

To avoid detection their administration of
misbranded and adulterated PEDS racehorses, known as
''dopingz' the scheme participants routinely defrauded and misled

government agencies, including federal and state drug regulators,
Customs and Border Protectionr various state horse racing
regulators, and the betting public. Among other deceptive meana,
defendants relied, their distribution and
administration customized PEDS designed and intended be
difficult or impossible to detect in anti-pED tests performed by,
among others, state racing regulators, and by creating fraudulent
or misleading labels for those PEDS.
Federal statutes and regulations are deàigned,
part, to protect racehorses by ensuring that only drugs approved
by the Food and Drug Administration IVFDAMI and drugs

administered pursuant to a valid prescription are administered to
racehorses and other animala. By failing abide such
proscriptions, racehorse trainers, veterinarians, and others
imperil the health and well-being racehorses
administering to racehorses unapproved drugs whose chemical
composition unknown ; enabling non-veterinarians, such as
racehorse trainers, administer drugs racehorses using
methods administration that can inlure and, extreme cases,

kill the horse; and masking a horse's ability to feel pain,
thereby causing horse overexert itself during periods of

G
intense exercise, which can lead to accidents, broken limbs,
death .
Th e Defendants
5. At al1 times relevant this rndictment, JORGE
NAVARRO , the defendant, was racehorse trainer who orchestrated
widespread scheme of covertly obtaining and administering
various to the racehorses under
his control. From 2018 to February 2020, NAVARRO entered horses
approximately 1,480 races. Throughout that time, NAVARRO and
co-conspirators concealed the purchase and administration
adulterated and misbranded PEDS from federal and state government
agencies, racing officials, betting public, and others.
NAVARRO executed this scheme by using PEDS designed to evade drug
testsr physically concealing containers PEDS and drug
paraphernalia from state regulators and 'racing officials:
administering and directing others to covertly administer PEDS,
and shipping certain products designed mask the presence
PEDS through straw purchaser. Several co-conspirators assisted
scheme (the uNavarro Doping

Program'') variety of ways.
ERICA GARCIA, SETH FISHMAN, and GREGORY SKELTON,
k /
defendants, are veterinarians who misbranded and adulterated
PEDS illegally manufacturing PEDS (FISHMAN SKELTON)

illegally administering PEDS 'at NAVARRO's direction (GARCIA) .
4
G
CHRISTOPHER OAKES, MARCOS ZULUETA, MICHAEL

TANNUZZO, and NICHOLAS SURICK, the defendants, assisted NAVARRO by
obtaining, shipping, and administering misbranded and adulterated

i
PEDS NAVA RRO'S benefit . ROSS COHEN, the defendant, and OAKES
acted distributors misbranded adulterated PEDS
manufactured by? among others? SKELTON and FISHMAN .
addition contribution Navarro
Doping Program , slnce at least 2014, SETH FISHMAN , the defendant,
has manufactured and shipped illegally misbranded and adulterated
PEDS. times relevant this Indictment, SETH FISHMAN
manufactured adulterated and misbranded PEDS, developed
facility that not registered with the FDA manufacture or
compound new animal drugs, and marketed and distributed those PEDS
various racehorse trainers across the country and
internationalty.' FISHMAN and his co-conspirators further concealed

true nature and purpose those adulterated and misbranded
PEDS order defraud and mislead, among others, federal and
skate government agencies and regulators . SETH FISHMAN was
assisted the illicit manufacture and distribution of PEDS by
defendants JORDAN FISHMAN , who m anufactured PEDS to SETH FISHMAN 'S
specifications; LISA GIANNELLI, a distributor of SETH FISHMAN'S
PEDS operating prim arily in and around New State ; and RICK
DANEZ trainer who 10th purchased assisted the

distribution of SETH FISHMAN'S PEDS.
times relevant Indictment, JASON
SERVIS, the defendant, was a racehorse trainer who orchestrated a
widespread scheme cove2tly obtaining and administering

adulterated and misbranded PEDS, including a PED called SGF-l000,
virtually a1l of the racehorses under his control . From 2018 to
February 2020, SERVIS entered horses in approximately 1,082 races.
SERVIS and co-conspirators concealed administration
from federal and state government agencies, racing officials,
and the betting public amonq other things, concealing and
covertly transporting PEDS between barns where SERVIS' racehorses
were stabled, falsifying veterinary conceal the
administration SGF-IOOO, and using fake prescriptions. SERVIS
was assisted by co-conspirators who participated in the conspiracy
creating, manufacturing, distributing, buying, selling,
supplying, shipping, and receiving misbranded and adulterated PKDS
and administering them racehorses. SERVIS' co-conspirators
included KRISTIAN RHEIN, the defendant, veterinarian who
obtained and administered misbranded and adulterated PEDS; MICHAEL
KEGLEY, the defendantw sales representative firm
dedicated the production misbranded and adulterated PEDS,
including SGF-IOOO; ALEXANDER CHAN, the defendant, a veterinarian
working the direction of SERVIS others administer
misbranded adulterated PEDS, including SGF-lO00 and
prescription veterinary drugs, without valid medical reason;

<
HENRY ARGUETA, the defendantr an assistant trainer who assisted
SERVIS obtaining administering PEDS; and JORGE NAVARRO ,
discussed above, who provided SERVIS with PEDS at SERVIS' request .
lO. addition role the Navarro Doping
Program, at a1l times relevant to this Indictment, NICHOLAS SURICK,
defendant, was racehorse trainer who orchestrated
widespread acheme covertly obtaining and administering
adulterated and misbranded PEDS the racehorses under
control, including nred acid'' among other substances (the nSurick

Doping Program'/). As explained below, N'red'acid'' is a term used by
the defendants to refer generally to customized PEDS designed,
part, to reduce inflammation jointsr thereby improving

racehorsels performance . SURICK and co-conspirators
concealed the administration of such PEDS from federal and state
government agencies, racing officials, and the betting public,
among other things, administering PEDS in covert manner, and
physically concealing a doped racehorse evade drug testing by

a state racing commission . SDRICK was assisted by several
conspiratorsr including assistant trainer CHRISTOPHER MARINO, the
defendant, participated the conspiracy by receiving and
administering misbranded and adulterated PEDS, and REBECCA LINKE ,
the defendanL, who supplied misbranded and adulterated PEDS to
SURICK and, least certain instances, cregted false medical
and pharmaceutical records conceal SURICK'a activities.

G
II. Legal Framework
At all times relevant Indictment r FDA

was responsible for promoting protecting public health
,
including the health of animals. The FDA enforces the Federal

Foodr Drug and Cosmetic Act / 21 U .S.C. 5 301, et seq . I'AFDCA''),
which, among other thingà
, governs manufacture and
distribution of drugs, including prescription drugs for humans
,
and animals.
Pursuant the FDCA and related regulations,

drug may be deemed A'misbranded'' nadulterated''
several
reasons, including : if a drug does not have requisite approvals
from FDA use an animal; drug requiring
prescription is administered without valid prescription that

,
the usual course veterinarian's professional

practice, or not administered pursuant to any prescription
drug's label deficient in various specified respects,
example, false or'misleading or does accurately
details regarding the manufacturer, packer, distributor,

the contents of the packaging , directions for use;
the facility that manufactures the drug is not duly registered by
the FDA .
111 . ReAevant Adulterated and Misb randed PEDS
PEDS relevant this Indictment include

following:
Erythropoietin and analogues : Comm only
referred to by participants in the racing industry, generallyz by
the brand name ''Epogeny'' or by the shorthand 'Aepo,'' erythropoietin
used boost a racehorse 's red blood cell count order
stimulate endurance during race and improve recovery.
Similar customized nblood building'' substances are referred to by
defendants using various code names, including ''BB3'' and
''Monkey.'' uBlood buildersr'' when combined with intense physical
exertion, thicken the horse's blood, thereby causing increased
cardiac exertion and pressure, which can lead to cardiac issues or
death .
''SGF-IOOO'': SGF-1000 is customized PED
purportedly containing N'growth factorsz'' including fibroblast
growth factor and hepatocyte growth factor, which'are intended to
promote tissue repair increase racehorse's stamina and
endurance beyond natural capability . SGF-1000 is compounded
manufactured in unregistered facilities. SGF-IOOO, many
other customized PEDS, may cause raeehorses to perform beyond their
natural abilities, thereby increasing risk possible
inluries.
Customized Analgesics : Referred the
defendants npain shots'' ujoint blocksz'' customized

analgesics contain various pain-relieving substances. Among other
<
things, customized analgesics mask physical injuries

racehorser which can cause a racehorse to overexert itself during
periods intense physical exercise, and thereby sustain 1eg
injury or break during a race. Oftentimes, racehorses that austain

1eg injuries or breaks are euthanized.
nRed nRed acid'' is term used the
defendants in part ,
reduce inflammation in joints, thereby improving a racehorse's

race performance. Similar customized analgesics, aC2'dz#/
'
among other things, adminiatered to mask physical injuries

racehorses, thereby increasing the
virtually cases, customized PEDS
created and manufactured by defendants lacked requisite
approvals from FDA for use an animal, were administered
and/or contained deficient labeling.
many CaSeS, the customized PEDS were manufactured
facilities registered with the FDA . In many casesr the customized
PEDS were designed untestable on drug tests, order
defraud mislead federal and state regulators, racing
officials, and the betting public. In many cases, the customized
PEDS contained false ïisleading labeling containingr
example , the terms ufor research p urposes only,'' or nhom eopathic r''
order to defraud and mislead federal and state regulators into
believing the products were not intended for the purpose of doping
< +'
racehorses.
COUNT ONE
(Drug Adulteration and Misbranding Conspiracy : Navarro , Garcia ,
Zulueta, Tannuzzor Skelton, Cohen, Seth Fishmanr Oakes, and
Burick)
The Grand Jury charges:
The allegations set forth above Paragraphs
through through a re realleged and incorporated by
reference as set fully forth herein.
From at least in or about January through

$
least in or about January 2020, JORGE NAVARRO, ERICA GARCIA, MARCOS
ZULUETA , MTCHA EL TANNUZZO? GREGORY SKELTON , ROSS COHEN, SETH
FISHMAN, CHRISTOPHER OAKES, NICHOLAS SURICK, the defendants,
and others known and unknownr engaged corrupt scheme
manufaoturer Croater Furchaser distribute, transport, sell, and
administer wide variety of misbranded and adulterated PEDS,
substances designed to mask the presence of PEDS from drug
testing by racing and state officials. The PEDS used by NAVARRO
and others were manufactured distributed by, among others,
FISHMAN , SKELTON , OAKES: GA RCIA , SURICK, ZULUETA , TANNUZZO , and
COHEN. NAVARRO administered those drugs personally and
coordination with, among others, GARCIA, ZULUETA , TANNUZZO? and
OAKES .
FISHMAN, the defendant, supplied racehorse
trainers, including, among others, JORGE NAVARRO, defendant,

*
with PEDS, ineluding a blood builder PED referred ANBBjj #;
similar PED referred Plus'' or ''ITPP f''1 an adulterated
and misbranded PED designed to help a racehorse respire, referred
%'VO2 Maxr'' and a customized analgesic referred as
the ''Frozen Pain'' shot, among others. NAVARRO paid SETH FISHMAN
tens of thousands of dollars from at least January 2017 through
least April 2019 to purchase PEDS.
GREGORY SKELTON , defendant, similarly sold
customized PEDS, including an analgesic and ''loint bloek,''

racehorse tralners and others, including to NAVARRO and defendant
CHRISTOPHER OAKES for use in doping racehorses.
JORGE NAVARRO, the defendant, has also acquired
PEDS from other trainers. NICHOLAS SURICK, the defendant, has
supplied NAVARRO with the customized PED nred acid'' as well as
nshockwave'' machine used adminlster shockwaves racehorses,
purportedly improve racehorse's racing performance by
blocking pain . CHRISTOPHER OAKES, the defendant, purchased SETH
FISHMAN'S products and resold SETH FISHMAN'S products other
trainers, including NAVARRO. OAKES created and
manufactured his own customizedr misbrandedr and adulterated
l ITPP, a myo-inositol trispyrophosphate, is a particular type of

custom-made PED capable of increasing the amount of oxygen in body
tissues.
< .
a performance-enhancing udrench''z designed to rapidly increase a
racehorse's performance during be undetectable in
drug testsr which OAKES supplied to NAVARRO. On or about March 14,
2019, 1aw enforcement officers found multiple such adulterated and
OAKES' Pennsylvania, including
sourced FTSHMAN (including VO2 Max) and SKELTON (including

''blood builder'' PEDs), as well as pre-filled, unlabeled syringes.
Photographs of some of the drugs seized from search follow :
In addition to developing his doping program around
PEDS that are, design, difficult impossible
regulators and racing officials detect, JORGE NAVARRO,
defendant , and others known and unknown , have tried to conceal
2A udrench'' refers to substances that are administered directly

into the stomach of a hors: via a tube inserted through the horse's
nostril, past its larynx ' and esophagus, and ultimately into its
stom ach .
'
<
existence of the Navarro Doping Program . These efforts include the
use straw purchasers or false names ship or receive PEDS,
NAVARRO/S and others' attempts to avoid interception of telephone
conversations regarding the administration PEDS, and
surreptitious disposal of the bodies of horses that have died
property of NAVARRO co-conspirators. For example, on
February intercepted between SURICK and MICHAEL
TANNUZZO, the defendant? discussing NAVARRO, SURICK statedr
part and among other things:
You know how many fucking horses he (NAVARRO) fucking killed

and broke down I made disappear. You know how
much trouble he could get in if they found. out
the six horses we killed?
Doping XY Jet
Among most successful racehorses
which JORGE NAVARRO? the defendantr administered PEDS was the
thoroughbred racehorse XY Jet . XY Jet was raeehors'e trained
throughout 2019, and until his death in or about January 2020, by
NAVARRO . On February 2019, XY raced Allowance
Optional Claiming race Gulfstream Park, Floridar placing first
and winning a purse of approximately $31,900. XY Jet's victory on

February 2019 preceded his entry the Dubai Golden Shaheen
race in the United Arab Emirates on March 30: 2019. At that race,
which offered purse millionr finished first,

<
winning million. NAVARRO and others administered several
adulterated and misbranded PED: Jet prior
February 13 race in Florida and the March 30 race in Dubai.
On about February 2019, NAVARRO
MARCOS ZULDETA, defendant, telephone conversation in
which they discussed NAVARROTS need for particular customized
analgesic PED, referred to as a nblocker.'' NAVARRO specified that
the PED was for administration XY Jet, and ZULUETA agreed
supply PED via an overnight shipment.
NAVARRO further attempted to source additional
XY Jet from CHRISTOPHER OAKES and GREGORY SKELTON, the
defendants, including additional doses ublocker'' PED . On
February 2019, NAVARRO wrote to OAKES: of that
new block that dr makesl?ly'' and subsequent calls between
NAVARRO and OAKES, OAKES agreed procure 'and deliver
nblocker'' PED NAVARRO in advance of XY Jet's February 13 race.
On about February 2019, NAVARRO
complained to ZULUETA about performance pre-

competition run , and informed ZULUETA that NAVARRO had worked with
OAKES to obtain the Mblocker'' PED for XY Jet. That NAVARRO
and OAKES discussed a plan secretly introduce a bottle of the
nblocker'' into the stable where XY Jet was being held prior to the
February race. OAKES confirmed that he would smuggle
raeetrack and meet NAVARRO once inside.

<
On or about February 2019, the day of the
Plorida NAVARRO instructed OAKES visit
administer the PED, and to racing officials if necessary to
aCCeSS racehorse: ''Drive through . anything, stop
are an owner and you come to Navarro 's barn .''
On or about March 2019, while in the UAE with
JORGE NAVARRO , defendantr personally administered
various adulterated and misbranded PEDS XY including
substance NAVARRO referred to as nmonkey .'' During an April 3, 2019,
b etween NAVA RRO and MARCOS ZULUETA , defendant, the two
discussedz among other things, NAVARRO'S administ'ration PEDS to
XY Jet weeks leading up and on the day of, the ra ce
Dubai, NAVARRO explained: gave through
injections. I gave it to him through the mouth.''

Following XY Jet's victory in Dûbai, SETH FISHMAN,
the defendant, congratulated NAVARRO on the win via text messager
and NAVARRO replied, in part and among other things, 'tThank u boss
big part of it.'?

On or about January 2020, JORGE NAVARRO, the
defendant, publicly announced that had died of an apparent
heart attack .
Skakukory A llegation s
From at least about January through
least or about January 2020, the Southern District of New

<
and elsewhere, JORGE NAVARRO, ERICA GARCIA, MARCOS ZULUETA,
M TCHAEL TANNUZZO , GREGORY SKELTON , ROSS COHEN Z SETH FISHMAN ,
CHRISTOPHER OAKES , and NICHOLAS SURICK, defendants, together
w1th others known and unknownr willfully and knowingly did combine,
conspire, confederatez and agree together and with each other
commit offenses against the Dnited States, violations
Title United States Code, Sections 331 and 333(a)(2).
was part and an object of the conspiracy that

JORGE NAVARRO, ERICA GARCIA/ MARCOS ZULUETA, MICHAEL TANNUZZO,
GREGORY SKELTON, ROSS COHEN, SETH FTSHMAN, CHRIàTOPHER OAKES, and

NICHOLAS SURICK, the defendantsr together with others known and
un known, the intent defraud and mislead r would and
introduce and deliver for introduction, and would and did cause
the interstate
commerce? adulterated and misbranded drugs, as defined by 21 U.S.C.
55 351(a)(5), 352(a), 352(b)/'352(f), 352(0), 353(f), and 360b,

violation of ff 331(a) and 333(a)
was further part an object the
conspiracy that JORGE NAVARRO, ERICA GARCIA Z MARCOS ZULUETA ,
M ICHAEL TANNUZZO , GREGORY SKELTON : ROSS COHEN , SETH FISHMAN,
CHRISTOPHER OAKES , and NICHOLAS SURICK, the defendants, together
with others known and unknown , with the intent defraud and
m islead , interstate commerce, and
adulterate and misbrand drugs, and would Cause

<
adulteration and misbranding drugs in interstate commerce, as
defined by 21 $5 351(a)(5), 352(a), 352 (b), 352 (f),

353 (f), and 3605, in violation 5$ 331 (b)
.
333 (a) (2 ).
'
,.
was further and an object

conspiracy that JURGE NAVARRO, ERTCA GARCIA , MARCOS ZULUETA,
MICHA EL TANNUZZO / GREGORY SKELTON , ROSS COHEN , SETH FISHMAN,
CHRISTOPHER OAKES, and NICHOLAS SURICK, the defendantsz together
with others known and unknown, intent defraud and
mislead, would and did receive in inteystate commerce adulterated
and misbranded drugs, as defined by 21 U.S.C. 55 35l (a)(5), 352 (a),

352 (b), 352 (f), 352 (0), 353 4f) and 360b, and deliver and proffer
delivery thereof for pay and otherwise, and would and did cause
the receipt in interstate eommerce of adulterated and misbranded
drugs, defined by 351 (a) 352 (a), 352 (b),
352 (f), 352 (o), 353 (f)r and 360b, cause the delivery and
'.
proffered delivery thereof for pa# and otherwise, in violation of

U.S.C. 55 331(c) and 333(a)(2).
Overt A cts
In furtherance of the conspiracy and to effect the
illegàl objects thereof, JORGE NAVARRO, ERTCA GARCIA, MARCOS

ZULUETA , MICHAEL TANNUZZO , GREGORY SKELTON , ROSS COHEN , SETH
FISHMAN , CHR ISTOPHER OAKES , and NICHOLAS SURICK , the defendantsr
and others known and unknown, committed the following overt acts,
<
am ong othersr York and elsewhere:
On or about February 9, 2019, ZULUETA, located
Pennsylvaniar shipped adulterated and misbranded drug
NAVARRO , located Florida, for administration
or about January 25# OAKES offered to
supply NAVARRO a misbranded and adulterated PED created by OAKES
and designed to evade anti-pED testing, stating nZero chance
ENAVARRO) get caught.'' OAKES further agreed to deliver this PED to

NAVARRO administer NAVARRO'S racehorses advance
upcoming races.
c. On or about February 1l( 2019, OAKES provided
NAVARRO adulterated misbranded nblocker'' PED
administer to XY Jet in advance of a race.
about February 2019, SKELTON,
located in Indiana, shigped an advlterated and misbranded drug

NAVARRO, Florida, for administration to XY
about February 21, 2019, COHEN met with

t
'.
a confidential source Bullvillez New

con fidential '
source adulterated and misbranded PEDS. Photographs
these substances, sold and delivered the confidential
source by COHEN follow :

<
about Febbuary 2019, GARCIA agreed,
durinq telephone conversation with NAVARRO, administer
adulterated misbtanded blood builder PED, ''monkey,''
racehorses under NAVARRO,s cohtroa.

about April 2019, NAVARRO sent text
m essages FISHMAN, while SETH FISHMAN located the
Southern District of New York, requesting 551000 pills asap .''
about April 5, 2019, SETH FISHMAN, while
located in the Southern District of New York, placed a phone call
to initiate the processing of orders for misbranded and adulterated
to OAKES in Pennsylvania and NAVARRO Florida .
about April 2019, COHEN met with
confidential source in Pine Bush, New York to sell the confidential
adulterated and misbranded PEDS. Photographs these
substances, and delivered confidential
COHEN
'
w
On or about May 2019, TA NNUZZO arranged
NAVARRO receive NAVARRO's behalf package blood
builder PEDS at NAVARRO'S New Jersey residence, which TANNUZZO in
received on NAVARRO'S bqhalf;
On about May 2019, NAVARRO held
conference the operators racing stable
California, whom NAVA RRO trainerr during
discussed a series of poor performance s by MN anoosh z'' a racehorse
trained NAVARRO . During call, operators
questioned whether NAVARRO ngiving them operatorrs
racehorsesl later asking, this lacked

he on fucking pills or what or are we fucking
which NAVARRO responded, nEverything...he gets everything.''
Individual-l then discussion short, stating:
the phone .''
December NAVARRO
<
solicited a shipment of nred acid'' from SURICK, which SURICH agreed

to collect from Pennsylvania and ship uovernight'' to NAVARRO .
(Title 18, United States Code, Section 371.)

COUNT 7W0
(Drug AdulEeration and Misbranding Conspiracy: Seth Fishman,
Liaa Giannolli, Jordan Fishman, and Rick Dane, Jr .)
The Grand Jury further charges:
allegations set forth above Paragraphs
through and through are realleged and incorporated by
reference as set fully forth herein .

'
From at least or about August 2013 through
least about October 2019, SETH FISHMAN? GIANNELLI,
JORDAN FISHMAN , RICK DANE , the de fendants, and others
known and unknown, engaged corrupt scheme create?
manufacture, and distribute adulterated and misbranded PEDS
racehorse trainers and others in systematic effort improv:
race performance of racehorses? and obtain prize money as a result.
SETH FISHMAN: LISA GIANNELLI; JORDAN FISHMAN, and
RTCK DANE, JR.z the defendantsr createdr marketed, and distributed
a variety PEDS, which were manufactured an unregistered
facilityz mislabeled? and/or administered valid
prescription . Although a licensed veterinarian, SETH FISHMAN did
perform medical examinations, provide diagnosis,
otherwise evaluate the medical necessity providing PEDS
advance of selling PEDS. Indeedz the administration of those PEDS

*
therapeutic, rather increase the
chances winning horse races. SETH FISHMAN'S products were
created and labeled to evade detection by atate racing regulators,
including labels that contained misleading statements
designed lower the likelihood scrutiny by regulators. SETH
FISHMAN also promoted his blood building PEDS as undetectable
drug tests administered by state regulators and racinq officials.
JORDAN FISHMAN, defendantr
licensed veterinarian , manufactures PEDS defendant SETH
FTSHMAN'S direction, for the purpose of providing those substances
to racehorse trainera and owners for administration to yacehorses.
JORDAN FISHMAN uses a facilit/ that is not registered with the FDA
for manufacturing animal drugs. LISA GIANNELLI and RICK DANE,
the defendants, have worked with FISHMAN to distribute adulterated
and misbranded PEDS developed by SETH FISHMAN to racëhorse trainers
and others seeking to dope their racehorses, including by providing
SETH FISHMAN 'S PEDS to racehorse trainers and around New York
Statutory A llegations
From at least in or about August through
least in or about October 2019, the Southern District of New
York and elsewhere, SETH FISHMAN , LISA GIANNELLI, JORDAN FISHM AN,
and RICK DANE, JR w the defendants, together with others known and
unknown, willfully and knowingly combine, conspire,

confederate, and agree together and with each other commit
offenses against the United States, violations of Titlp
2l, United States Code, Sections 331 and 333 (a)(2).

It was a part and an object of the conspiracy that
SETH FISHMAN, LISA GIANNELLI, JORDAN FISRMAN, and RICK DANEZ JRw
defendants, together with others known unknownz with the
intent to defraud and mislead, would and did introduce and deliver
introduction, and would and did cause the introduction and
delivery for introduction, interstate commerce, adulterated
and misbranded drugs, as defined by 21 U .S.C . 55 351(a) (5), 352 (a):
352(b), 352 (f), 352(0), 353 (f), and 360b,

$$ 331 (a) and 333 (a)(2).
WaS further part and oblect of the
conspiracy SETH FISHMAN, LISA GIANNELLI, JORDAN FISHMAN, and
RICK DANE, the defendantsr together'with others known and
unknown, with intent defraud and mislead, interstate
commerce, would and did adulterate and misbrand drugs, and would
and cause the adulteration and misbranding drugs,
interstate commerce, as defined by 21 U .S.C . $5 351(a) (5), 352(a)r
352 (b): 352(o),

$5 331 (b ) and 333 (a )(2).
q
was further part and object
conspiracy that SETH FISHMAN, LISA GIANNELLI, JORDAN FISHMAN, and
RICK DANE, the defendants, together with others known and

<
unknown, with the intent defraud and mislead, would and
receive in interstate commerce adulterated and misbranded drugs,
defined by $5 351 (a) (5)r 352 (a ), 352 (b ), 352 (f),

352 40), and 360b, and deliver and proffer delivery theteof
pay and otherwisez and would and did cause receipt
interstate commerce of and misbranded drugs,
352 (b), 352 (f), 3b2 (o),

353(f), and 3605, and cause the delivery and proffered delivery
violation of 21 U.S.C. 55 33t(c)
333 (a ) (2 ).
In furtherance of the conspiracy and to effect
illegal objects thereofz SETH FISHMAN, LISA GIANNELLI, JORDAN

FISHMAN, RICK DANE, the defendants, and others known and
unknown, committed the following overt act'

s , among others, in the
Southern District of New York and elsewhere:
or about February 2018, DANE caused SETH
FISHMAN provide misbranded and adulterated PEDS DANE for
administration racehorse under DANE'S control, nGlass
Prince .''
On about February 2019, GIANNELLI
assisted FISHMAN processing shipment adulterated and
m isbranded drugs created by SETH FISHMAN shipped
address the Southern District of New York.
25
<
about March 2019, SETH FISHMAN
counseled a racehorse trainerr a co-conspirator not named
herein, regarding the use of FISHMAN'S customized and purportedly
untestab le b lood building PEDS: Au Tlhat's we used the Sepo'

mimetic . they work like Epogen but theyrre not Epogenz'
about April 2019, JORDAN FISHMAN
spoke by phone with SETH FTSHMAN, who was located Southern
District of New York, regarding the creation misbranded and
adulterated PED.
about April 5, 2019, FISHMAN had a
with prospective customer (nlndividual-l/') discuss various
misbranded adulterated FISHMAN m anufactured
offered for sale. When questioned by Individual-l on the propriety
of administering the PEDS C'But doping, yeah?/'), FISHMAN

responded: M EAqny time give sbmething horse, that's
doping. Whether they another story .
yourself: giving something horse
make better, and you're Supposed That's
doping. You that's a different
story .''
about April 2019, DANE
GIANNELLI a text message regarding purchasing and delivering
m isbranded and adu lterated drugs .
(Title United States Code, Section

<
COUNT THREE
(Drug Adulteration and Misbranding Conspiracy : Sexvis? Rhoin r
Kegléy Jr.l Chan, Arguekaz and Navarro)
The Grand Jury further charges:
The allegations forth above Paragraphs
through and 11 through 14z are realleged and incorporated by
reference fully forth herein .

36. Between at least in or about April least
about September 2019, JASON SERVIS, KRISTIAN RHEIN, MICHAEL
KEGLEY, ALEXANDER CHAN, HENRY ARGUETA , and JORGE NAVARRO, the
defendants, engaged in corrupt scheme to secrétly procure and
distribute adulterated and misbranded PEDS and administer them
racehorses systematie effort to improve race performance of
racehorses under the defendants' and others' control, and obtain
prize money as a result. Over the course Qf the schemer SERVIS,
RHEIN , KEGLEYZ CHAN , ARGUETA , 'and NAVARRO , other
conspirators named herein, manufactured, purchased, sold,
shipped, deliveredz received, and administered PEDS for use on
racehorses .
JASON SERVIS, the defendant, was the trùiner for a
particularly successful racehorse, nMaximum Securityr'' that
briefly placed first at the Kentucky Derby on May 2019, before
racing officials disqualified horse interferenae.
Following Kentucky Derby, Maximum Security continued

including in Oceanport, New Jersey.
<
SERVIS worked KRISTIAN RHEIN, ALEXANDER CHAN , and HENRY
ARGUETA , defendants, among othersz procure and administer
adulterated and misbranded PEDS, including the adulterated and
misbranded SGF-l000r for the purpose doping several
racehorses under SERVIS' eontrol, including Maximum Security. On
a March 5, 2019 intercepted cail b/tween SERVIS and JORGE NAVARRO,

the defendant , SERVIS recomm ended ''SGF'' NAVARRO , statinq ,
been using on everything aslmost.'' NAVARRO stated on that call

that he ngot more than 12 horses on'' SGF-IOOO, and shortly after
ended the call: 'Nl don't want to talk about this shit on the phone
about June 2019, New Jprsey racing
regulators tested Maximum Security for PEDS short after
Maximum Security received shok SGF-IOOO. The testing
occurred in advance of a race scheduled for June 16, 2019, in which
Maximum Security competed and placed second. intercepted
call between JA SON SERVIS and KRISTIAN RHEIN, the defendants, after
drug testz RHEIN counseled SERVIS and reassured that
Maximum Jecurity would not test positive: n gtqhey don't even have
ESGF-IOOO) There's no test for in Americaz'
RHEIN further stated that the SGF-1000 may appear drug
as a false positive result for a different substance, %'Dex .'' That
same SERVIS discussed Maximum Security's drug with
another veterinarian, agreed falsify records make
28

Jason Servis PDF

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Jason Servis PDF

Загружено:

Авторское право:

Доступные форматы

Case 0:20-mj-06143-JMS Document 1 Entered on FLSD Docket 03/09/2020 Page 1 of 29

SOZTHER/I DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

JORGE NAVA RRO,

a $100 billion global

States around the world . Racehorses may auction for

$1,000,000 compete purses several

industry is subject array federal and regulations

aimed protecting participating horses and ensuring fair

competitionz among other things. These regulations include

proscription the use performance-enhancing drugs (uPEDs'')

under their influence .

The charges this Indictment result from

widespread, corrupt scheme by racehorse trainers, veterinarians,

PED distributors, and others manufacturer distribute, and

receive adulterated and misbranded PEDS and to secretly administer

those PEDS racehorses under scheme participants' control. By

evading PED prohibitions and deceiving regulators and horse racing

authorities, among othersr participants sought improve race

performance and obtain prize money from racetracks throughout the

United States and other countries, including New York, New

Jersey, Florida, Ohio, Kentucky, and the United Arab

Emirates (''UAE'') the detriment and risk of the health and

well-being of the racehorses. Trainers who participated the

scheme stood to profit from the success of racehorses under their

control earning share their horses' winnings, and by

improving their horses' racing records, thereby yielding higher

trainer fees and increasing the number of racehorses under their

purchasedz sold, shipped, delivered, received, and administered

thousands of units of PEDS for use on racehorses.

To avoid detection their administration of

misbranded and adulterated PEDS racehorses, known as

''dopingz' the scheme participants routinely defrauded and misled

Customs and Border Protectionr various state horse racing

regulators, and the betting public. Among other deceptive meana,

defendants relied, their distribution and

administration customized PEDS designed and intended be

difficult or impossible to detect in anti-pED tests performed by,

among others, state racing regulators, and by creating fraudulent

or misleading labels for those PEDS.

Federal statutes and regulations are deàigned,

part, to protect racehorses by ensuring that only drugs approved

by the Food and Drug Administration IVFDAMI and drugs

racehorses and other animala. By failing abide such

proscriptions, racehorse trainers, veterinarians, and others

imperil the health and well-being racehorses

administering to racehorses unapproved drugs whose chemical

composition unknown ; enabling non-veterinarians, such as

racehorse trainers, administer drugs racehorses using

methods administration that can inlure and, extreme cases,

thereby causing horse overexert itself during periods of

intense exercise, which can lead to accidents, broken limbs,

5. At al1 times relevant this rndictment, JORGE

NAVARRO , the defendant, was racehorse trainer who orchestrated

widespread scheme of covertly obtaining and administering

various to the racehorses under

his control. From 2018 to February 2020, NAVARRO entered horses

approximately 1,480 races. Throughout that time, NAVARRO and

co-conspirators concealed the purchase and administration

adulterated and misbranded PEDS from federal and state government

agencies, racing officials, betting public, and others.

NAVARRO executed this scheme by using PEDS designed to evade drug

testsr physically concealing containers PEDS and drug