Two years after the doping scandal that shook horse racing, reins tighten on cheaters
ELMONT, N.Y. — Horse racing hit rock bottom when a group of 27 trainers, veterinarians and other horsemen was rounded up on the morning of March 9, 2020 - the hammer coming down after a years-long federal doping investigation.
But the indictments — which included charges against Jason Servis and Jorge Navarro, two of the most prominent trainers in the sport — provided traction for federal legislation designed to bring national oversight and uniform safety and anti-doping standards to the sport. The Horseracing Integrity and Safety Authority’s safety guidelines go into effect at the end of this month and an anti-doping component takes effect Jan. 1.
Can it make a difference?
Until now racing has had a poor track record at weeding out cheaters. Trainer Bob Baffert, currently serving a 90-day suspension related to Medina Spirit failing a post-race drug test after winning the 2021 Kentucky Derby, had 29 previous drug-related violations over the years, some of which he was able to have overturned or reduced, which had resulted in fines but no suspensions, according to the Washington Post.
Last week, HISA unveiled its proposed anti-doping rules and regulations, which include tougher penalties, a streamlined adjudication process and increased transparency, all part of an effort to improve both safety and the sport’s image.
The hope is that more stringent penalties and an improved testing program can serve as a deterrent to bad guys, said Lisa Lazarus, the chief executive officer of the new authority.
'Very significant suspensions' coming
“If you see a trainer with three or four or five drug positives in a year, even if they are for medications, those are going to be very significant suspensions, not a few days here and there like we’ve seen in the past,” Lazarus said.
The rules break drugs down into two categories: Banned substances, which are never allowed and are considered doping; and controlled medications, which are prohibited on race day.
For banned substances, the trainer would face an immediate two-year ban if one of his runners tests positive. A third violation would result in a lifetime ban.
The first penalty for a controlled substance is a 15-day suspension, and up to 180 days for a fourth violation, with fines of up to $5,000.
“The sanctions are very serious and the timelines are shortened,” Lazarus said, “and ultimately the burden is on the responsible person to prove that they had no significant fault if the lab returns a positive test for a prohibited substance, as opposed to the opposite.
“So if the lab returns a positive test for a bad doping substance, the responsible person and the horse are immediately suspended and they have to argue successfully why that suspension should be lifted to participate again, and, why that is important, it creates more of an incentive for the trainer to want the case to move forward quickly and efficiently because there is no benefit in them in delaying.”
Last November, HISA put out another set of proposed rules and regulations that were drafted by the United States Anti-Doping Agency, considered the gold-standard of testing in this country. But HISA was unable to reach an agreement with USADA to handle the testing program, breaking off negotiations in December.
A better fit
An agreement was reached with Drug Free Sport International in May, with HISA’s new anti-doping rules and regulation proposals unveiled last week.
“What I saw from the USADA because they were trying to shoehorn the regulation of doping in the human sport into the equine sport and it isn’t a seamless fit by any stretch,” said Alan Foreman, chairman and CEO of the Thoroughbred Horsemen’s Association.
“It appears what they have done here is take the rules and regulations from the FEI (International Federation for Equestrian Sports), and the world antidoping agency’s code and they have built those into the racing model for HISA, and that is a much better fit.”
The new regulatory agency still faces legal challenges to its constitutionality, including a lawsuit involving several states.
What’s clear, however, is that horse racing is getting a fresh look at how it handles the issue of doping.
Doping scandal 2 years later: Where are they now?
So more than two years after the federal doping arrests, what is the status of those who were charged? Here’s a look at what’s going on with each individual:
Jorge Navarro – A thoroughbred trainer based in New Jersey and Florida, Navarro, whose runners earned $34.8 million on the track, pleaded guilty on Dec. 17, 2021 to conspiracy to commit drug adulteration and misbrand. He was sentenced to five years in prison and fined $25.8 million. He is not a U.S. citizen and is expected to be deported to Panama. One of the horses the indictment alleged Navarro used PEDs on was XY Jet, winner of the 2019 Dubai Golden Shaheen, who died of a heart attack on Jan. 8, 2020.
Jason Servis – A thoroughbred trainer based in New Jersey, New York and Florida, Servis is charged with four counts of misbranding or adulterating drugs, and one count of mail and wire fraud for using the U.S. mail to distribute and receiver those drugs. Servis is alleged to have used PEDs on Maximum Security before his second-place finish in the 2019 Pegasus at Monmouth Park, with Maximum Security, disqualified for interference after winning the 2019 Kentucky Derby, going on to win the Haskell at Monmouth Park. His trial is scheduled to begin Jan. 9, 2023.
Nick Surick – A New Jersey-based harness trainer and owner who had ties to thoroughbred trainer Jorge Navarro, Surick was not included in the superseding indictments. In the original March 2020 indictment, Surick was charged with two counts of misbranding or adulterating drugs, which had a maximum penalty of five years’ imprisonment for each count, and he faced 20 years on each of two counts of obstruction.
Marcos Zulueta – A thoroughbred trainer based at Parx in Bensalem, Pennsylvania, whose runners earned $13.1 million on the track, pleaded guilty on Feb. 24, 2022 to adulteration and misbranding with intent to defraud. He was sentenced to 33 months in prison, with a forfeiture penalty of $47,525. Federal wire taps caught Zulueta and Navarro discussing doping horses.
Christopher Oakes – A harness trainer who lives in Pennsylvania, pleaded guilty to drug adulteration and misbranding with intent to defraud or mislead. He was sentenced to three years in prison beginning on June 1, with a forfeiture penalty of $62,821. Federal wiretaps intercepted calls in which Oakes discusses PEDs with Navarro.
Jordan Fishman – A Massachusetts-based drug formulator, Fishman pleaded guilty on Feb. 28, 2022 to adulteration or misbranding of any food, drug with intent to defraud or mislead. Fishman made some of the PEDs used. He was sentenced to 15 months in prison, and one year of supervised release. He is not related to veterinarian Seth Fishman, also part of the indictments.
Kristian Rhein – A New York-based veterinarian, Rhein pleaded guilty on Jan. 5, 2022 to adulterating or misbranding of any food, drug, providing PEDs to trainer Jason Servis. He was sentenced to three years in prison and one year supervised release. He must pay $1.021 million in forfeitures, having paid $671,800 at his sentencing. He also faces $729,716 in restitution, and was fined $10,000.
Michael Kegley Jr. - The sales director for a company that distributed SGF-1000, a PED used by Jorge Navarro and Jason Servis, Kegley pleaded guilty to adulterating or misbranding of any food, drug on Jan. 6, 2022. He was sentenced to 30 months in prison and one year supervised release, along with a money judgement of $192,615 and a $10,000 fine.
Rick Dane Jr. – A New York-based harness trainer, Dane pleaded guilty to a single count of drug adulteration and misbranding between 2017 and 2020. He was also given a monetary judgement of $33,912. He is scheduled to be sentenced June 21. The prosecution maintained that Dane obtained PEDs from Seth Fishman and helped distribute the products.
Seth Fishman – A Florida-based veterinarian, was convicted on Feb. 2 of two counts of drug adulteration and misbranding, with intent to defraud and mislead. Prosecutors detailed a 20-year scheme to create and distribute drugs that could not be detected by drug testing. He faces up to 20 years in prison, with his sentencing expected to take place sometime in late June.
Rebecca Linke – A New Jersey veterinarian, Linke entered into a deferred prosecution agreement on Dec. 21, 2021. The agreement with federal prosecutors requires Linke to be supervised for two years by a U.S. Pretrial Services officer, and cannot be involved in horse racing for two years. She had been an associate veterinarian at Colts Neck Equine in Manalapan.
Chris Marino – A harness trainer, Marino was not included in the superseding indictments. In the original indictment, Marino was charged with one count of misbranding or adulterating drugs, which carried a maximum penalty of five years’ imprisonment. He had pleaded guilty on April 2, 2020. Federal wire taps intercepted calls between him and Jorge Navarro in which they discussed doping horses.
Ross Cohen - A New York-based harness trainer, Cohen entered into a cooperation agreement with the government. He testified at the trail of Lisa Gianelli, and admitting he had fixed harness races in the past. In the original indictment, Cohen had been charged with one count of misbranding or adulterating drugs, which carried a maximum penalty of five years’ imprisonment.
Gregory Skelton - An Indiana-based veterinarian, Skelton was not named in the superseding indictment. He was originally charged with one count of misbranding or adulterating drugs, which carried a maximum penalty of five year’ imprisonment.
Erica Garcia – A veterinarian, Garcia is charged with one count of Misbranding or adulterating drugs, alleged to have helped procure drugs for Navarro. Her trial is scheduled for September.
Michael Tannuzzo – A thoroughbred trainer based in New York, Tannuzzo was charged with one count of misbranding or adulterating drugs. His trial is scheduled for September. According to prosecutors, wire taps intercepted calls in which Tannuzzo and Navarro discussing doping horses.
Alexander Chan - A New York veterinarian who worked with Servis, Chan was charged with one count of misbranding or adulterating drugs, and one count of mail and wire fraud. He is scheduled to go on trial with Servis in 2023.
Henry Argueta - A former assistant trainer for Jason Servis, Argueta was not included in the superseding indictment. In the original indictment, Argueta was charged with misbranding or adulterating drugs. There is speculation that Argueta will testify against his former boss.
Rene Allard – One of the nation’s top standardbred trainers, Allard avoided a June trial pleading guilty on June 2 to one count of misbranding and adulterating drugs. Allard, who faces up to five years in prison, is scheduled to be sentenced on Sept. 13. He also agreed to pay a $628,553 money judgement.
Thomas Guido III – The former harness trainer pleaded guilty to one count of misbranding and adulterating drugs on May 25, 2022. He faces up to five years in prison and has agreed to pay a money judgement of $61,800. He is scheduled to be sentenced Sept. 29. Guido admitted his role in a plan to distribute and purchase PEDs for his stable.
Donato Poliseno - A former harness trainer and Delaware veterinary supply distributor, Poliseno pleaded guilty to misbranding an adulterating drugs on May 19, 2022. He agreed to pay a money judgement of $2.26 million.
Richard Banca – A former New York-based harness trainer pleaded guilty on April 19 to misbranding and adulteration of drugs. He is scheduled to be sentenced on Sept. 6. He also agreed to a forfeiture of $120,975. He was alleged to have conspired with Conor Flynn, who worked for him, and Louis Grasso in administering and distributing PEDs.
Conor Flynn – A former harness trainer who worked as an assistant to Richard Banca, Flynn agreed to a cooperation deal with prosecutors. He testified in the trial of Lisa Gianelli, admitting he administered PEDs to horses under his care.
Sarah Izkahi – Was sentenced to time served on June 7, 2021, after pleading guilty to distributing PEDs. She also agreed to a forfeiture of $20,000. Her daughter, Ashley Lebowitz, was also part of the indictment.
Ashley Lebowitz – Entered into a non-prosecution agreement with federal prosecutors. Her mother, Sara Izkahi, was also part of the indictment.
Scott Robinson – Pleaded guilty on March 9, 2021, sentenced to 18 months in prison , pleading gult to having from 2011 to 2020 conspiring to manufacture, sell and ship millions of dollars worth of adulterated and misbranded PEDs through direct-to-consumer websites. Robinson, from Tampa, Florida, must also pay a forfeiture of $3.8 million.
Scott Mangini - Pleaded guilty in April 2021 to a years of sales and distribution of adulterated and misbranded drugs, including PEDs. He was sentenced to 18 months in prison on Sept. 10, 2021. The Florida resident was also ordered to pay a forfeiture of $8.1 million
Louis Grasso – A veterinarian who worked in the standardbred racing industry, Grasso entered a guilty plea on May 11, 2022 to one count of drug adulteration and misbranding. He is scheduled to be sentenced on Sept. 6. The indictment stated that Grasso manufactured and sold a wide variety of PEDs, including a substance known as “red acid,” which reduced joint inflammation.