Veterinarian Seth Fishman, is indicted along with trainers Jorge Navarro and Jason Servis and others for trafficking in falsely labeled and adulterated drugs sold to enhance the performance of racehorses. , argued in a letter dated December 13 that he had done nothing to jeopardize his bail.
6 letter, federal prosecutors asked U.S. District Judge Mary Kay Vyskocil to reconsider Fishman’s bail because he continued to create and sell “activity-enhancing drugs” injectable, adulterated, and mislabeled” included an anti-bleed drug and another called “PSDS: Pain Shot DS.” These products were found in a search on December 3 on his Florida property operating under the names of Equestology, Camelology and Equi-Tech.
Prosecutors have asked for Fishman’s bail to be revoked and he will be held until his trial. A hearing regarding Fishman’s bail is set for December 20.
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Fishman’s attorney Maurice Sercarz argued in the letter Monday that the veterinarian “never concealed his intention, after his arrest, to continue exporting his products.”
Fishman was arrested on October 30, 2019, in New York after arriving on a flight from the United Arab Emirates and later released on a $100,000 bail secured by his home in Highland Beach, Fla. Following the indictment, Fishman said his main source of income was exporting veterinary products to the UAE and that he had no clients or horses under his care in the United States. According to court records, Fishman is the principal research director of President Camel, Presidential Camel & Science Center Area in Abu Dhabi. In that role, Fishman is said to have researched zoonotic diseases, African sleeping sickness, and livestock.
“And, nothing in the evidence seized from Dr. Fishman’s premises as a result of the most recent search shows that he violated the export waiver restrictions on export regulations. adulteration and mislabelling,” the letter read. “We respectfully submit that the Government cannot meet its burden of proving that the defendant’s bail should be revoked.”
According to Sercarz, federal law that regulates food, drugs, equipment, tobacco products or cosmetics for export will not be considered adulterated or misbranded if they comply with the specifications of the purchaser. foreign countries, not inconsistent with the laws of the country where the products are being dispatched, are labeled as being for export, and may not be sold or offered in domestic commerce.
“On the day of the arrest… The vast majority of packages prepared for shipping were destined for Dr. Fishman’s customers in the United Arab Emirates. However, Dr. Fishman vowed to continue the job. its business while redoubled efforts to align its activities to the requirements of the law,” the letter on Monday read.
Sercarz also stated in Fishman’s defense that the “voluntary consent” of an administrative assistant of Fishman to FBI agents when they conducted a search of the Florida business on December 3 was not true. voluntary but permitting a search without a warrant.
Fishman’s assistant had two extensive conversations with prosecutors in which she revealed her involvement with the production and distribution of Fishman products over seven years. According to Sercarz, she has limited immunity for her cooperation, however, she is not fully protected from future prosecution.
“In other words, by the time she consents to a search (1) she is at risk of being prosecuted for the crimes for which Dr. Fishman has been charged; and, (2) is subject to a supply agreement. granting her multiple opportunities to use statements against her both at trial and at sentencing.As a result, the Administrative Assistant had no choice but to resist the agents’ request that they are allowed to search the premises,” Sercarz’s letter read.
With Fishman’s trial scheduled for mid-January, Sercarz also argued that keeping his client in custody would interfere with his defense preparations.
