Alleged Racehorse Druggers
Appear in SDNY Now Fishman Denied Bill of
Particulars
By Matthew
Russell Lee, Patreon Thread
BBC
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Source
SDNY COURTHOUSE,
July 18 -- In what was called
a racehorse doping take-down,
the US Attorney for the
Southern District of New York
on the morning of March 9
announced more than a dozen
arrests.
Inner City Press
went to cover the presentments
in the SDNY Magistrates Courts
and personally witnessed 11 of
them, all given bail packages
and released: " Defendants up
now, arrested 4-5 am in race
horse drug adulteration
conspiracy case: Alexander
Chan (Federal Defender),
Christopher Marino, Henry
Argueta, Kristian Rhein
(retained, R), Michael
Tannuzzo, Nicholas Surick (R),
Rebecca Linke and Ross Cohen
(R)."
Now on July
17, Judge Vyskocil has ruled,
"ORDER denying without
prejudice [202] Motion for
Bill of Particulars as to Seth
Fishman (7). The information
Fishman requests in the form
of a bill of particulars is
either not appropriate for
that mechanism or is available
to him through other means,
i.e., the Complaint,
Indictment, and discovery. The
Court also refuses to dismiss
the Indictment since it amply
satisfies the low bar
applicable to what must be
included in an indictment
pursuant to Rule 7 of the
Federal Rules of Criminal
Procedure. Fishmans argument
regarding a potentially
invalid theory of liability
under the FDCA was raised only
in his Reply with no
opportunity for response by
the Government. Therefore, the
Court does not reach the
merits of that argument at
this time. For the reasons
stated herein, the Motion for
a Bill of Particulars (and the
alternative dismissal
argument) is DENIED without
prejudice. (Signed by Judge
Mary Kay Vyskocil on
7/17/2020)."
On June 30 Judge
Vyskocil held another
proceeding in the case, which
Inner City Press covered.
While much of the back and
forth was deferential, the
lawyer for Doctor Seth Fishman
opposed exclusion of time for
purposes of the Speedy Trial
Act.
This drew looks. But it
is the defendant's right.
Judge Vyskocil granted the
exclusion of time,w with all
parties to re-appear on
November 19. The case is US
v. Navarro et
al., 20-cr-160
(Viskocil).
Back in
March , two masterminds were
not presented, at least in New
York - apparently, they were
presented in Federal court in
Florida. Most defendants got
released the same day by
signing a $100,000 bond, in
some cases $40,000 or $50,000.
They were told
not to communicate with
co-defendants, or to be in the
presence of racehorses without
their owners, or the owners of
the premises they are stabled
in. Here
was Inner City Press' live
tweeted thread.
Now on
April 2 all 19 defendants -
only two of them present on
the phone - were arraigned by
the assigned District Judge,
Mary Kay Viskocil. The phone
was used due to Coronavirus;
at one point, someone on the
call said he had just taken a
shower.
The
defense lawyers or some of
them asked to have Emma
Greenwood appointed as
Coordinating Discovery
Attorney. But the lawyer for
Seth Fishman said while he
would not oppose it, Fishman
would do his own coordinating.
An issue
arose about conditions of
informing licensing
authorities - both
thoroughbred and statndard
bred - and how stables owners
will police the conditions.
New filings are anticipated.
The next
conference was set for June
30; Judge Viskocil put off any
decision on severance of cases
at least until then. She made
a point of saying no one could
photograph (how?), record or
rebroadcast the proceeding,
which of course Inner City
Press obeyed. But at what
point will these shifts to
phone calls and, it seems from
the Magistratres Court, video
/ Skype make these
restrictions entirely
obsolete? Inner City Press is
pursing all these issues. This
19 defendant case is US v.
Navarro et al., 20-cr-160
(Viskocil).
But what of
Amr Abdelaziz of Phoenix
Thoroughbreds, who used horses
to launder money from OneCoin
about which the SDNY
prosecutors were so concerned
until, like with the UN, they
weren't? Watch this site.
***
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