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.
On the call with Fishman was an unidentified individual who wanted to know more about the drug.
“But it’s not doping, right?” the person asked, according to the transcript of the April 5, 2019 blocked call.
“Of course it’s doping, the question is, is it testable for doping?” The mermaid replied, according to the transcript.
“Ah, the test,” the man said.
“No, no, no, what I mean is, whenever you give something to a horse, that is doping,” Fishman replied. “Whether they test it or not is another story. This is something people are using all the time, so no, they don’t test it. You know, but don’t joke. If you’re giving stuff something for a horse to make it better and you shouldn’t do that…”
“Yes, for sure,” interjected the individual.
“… It’s doping,” continued Fishman. “You know, it’s testable or not, that’s another story.”
The conversation begins with Fishman asking the caller about his plans to buy more “stuff”.
The mermaid then said, “You know, I have people who set world records using objects, and then their competition uses the same thing and the horse doesn’t even show up on the road. race.”
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 “lamb” to Fishman’s “sheep owner.”
Vyskocil countered that Fish-Man was not prejudiced.
“Dr. Fishman has so far 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 that will not show up 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 use dope horses and was sentenced to five years in prison.
Fishman was charged with two counts of conspiracy to violate drug dispensing laws 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 clear it up 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.
Labels for products at Dr. Seth Fishman’s Equestology property in 2019
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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