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Description: New York City, New York criminal defense lawyer represented defendant charged with conspiracy to commit drug adulteration and misbranding and to defraud the United States.

Seth Fishman, DVM, was charged in United States v. Navarro, 20 Cr. 160 (MKV), a case arising from an investigation of widespread schemes by racehorse trainers, veterinarians, performance enhancing drug (“PED”) distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates (“UAE”), all to the detriment and risk of the health and well-being of the racehorses. Trainers who participated in the schemes stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings, and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control. Indicted veterinarians profited from the sale and administration of these medically unnecessary, misbranded, and adulterated substances. FISHMAN, acting as the manufacturer and distributor of customized PEDs designed specifically to evade anti-doping controls, reaped millions of dollars from the sale of his drugs to trainers around the United States and across the globe.

FISHMAN specifically targeted clients in the racehorse industry, peddling dozens of unsafe and untested drugs that purported to have performance-enhancing effects on racehorses. FISHMAN created and marketed these drugs as “untestable” under typical anti-doping drug screens and extolled the virtues of these illegal drugs by describing his method of creating customized products for individual customers in order to silo product lines to reduce the likelihood that detection of doping by trainer would undermine the remainder of FISHMAN’s corrupt clientele.

In the course of nearly twenty years during which he operated his doping company, Equestology, FISHMAN took additional efforts to mislead and lie to regulatory authorities in an effort to shield his illegal activity. FISHMAN incorporated a sham business in Panama designed to appear as if his drug operation was outside the jurisdiction of U.S. authorities; he pressured employees to sign non-disclosure agreements intended to gag them if questioned by regulators; he designed labels that would provide no hint as to the provenance of the unsafe drugs shipped across the country; and he lied to state investigators regarding the nature of his business when asked directly about his role in Equestology during a Delaware state investigation in 2011, while also bragging to others that he had called in a “personal political favor” to quash that investigation.

While claiming to practice as a legitimate veterinarian, FISHMAN used his veterinary license as another form of cover for his illegal drug manufacturing business. In fact, FISHMAN sold illicit drugs, including prescription drugs, under sham prescriptions for animals that he never saw or discussed. Those drugs included intravenous and intramuscular injectables that FISHMAN sold to laypeople for injection into the horses under their purported “care,” many of which were seized at premises throughout the country at the time of the original indictments in this case, including barns located in New York. Those included “blood building” drugs (for example, “BB3” and other Epogen-mimetic substances), vasodilators (for example, “VO2Max”), and bags filled with scores of “bleeder pills,” each designed to covertly increase performance in affected horses.

FISHMAN, 51, of Florida, was convicted at trial of two counts of participation in drug adulteration and misbranding conspiracies, the first in connection with the doping operation of convicted co-defendant Jorge Navarro, and the second in connection with the operation of Equestology, which included FISHMAN’s continuation of that offense even following his release on bail after his initial arrest in October 2019.

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Mr. Williams praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. Mr. Williams also thanked the Food and Drug Administration and Customs and Border Protection for their assistance and expertise. This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi and Anden Chow are in charge of the prosecution.

Outcome: Fishman was sentenced to 11 years in prison today for his role at the helm of an approximately twenty-year scheme to manufacture, market, and sell to racehorse trainers and others in the racehorse industry “untestable” performance enhancing drugs for use in professional horseracing. FISHMAN was one of over thirty defendants charged in four separate cases in March 2020, each arising from this Office’s multi-year investigation of the abuse of racehorses through the use of performance enhancing drugs.

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