| In SDNY Horse Racing Case
Lebowitz Deferred Prosecution Agreement Gets
Judicial Sign Off
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Dec 14 - In further FBI horse
racing performance enhancing
drugs prosecutions, on May 28
Sarah Izhaki and Ashley
Lebowitz pled not guilty
before Judge Mary Kay Vyskocil
of the U.S. District Court for
the Southern District of New
York. Inner City Press covered
and live tweeted
it.
On November 23 at
7 pm the US Attorney's Office
filed for Ashely Lebowitz a
proposed Non Prosecution
Agreement to end its
prosecution of her after a
period of one year's
supervision. But the US
Attorney can revoke or modify
it at any time.
On December 14
Judge Vyskocil held a hearing
on the NPA, putting Lebowitz
under oath. Lebowitz said she
wants to be a nurse. When
asked about the US ability to
revoke the DPA at any time,
she expressed surprise. Judge
Vyskocil asked the AUSA, only
if she violates it, right? He
said yes. And so, it was
signed. The case against the
others proceeds.
Back on May 28
the Assistant US Attorney
describing discovery, saying
that it would take about a
month to process and re-upload
the discovery material.
Izhaki's lawyer
said that he and his wife will
be out of town in
August.
But on
August 18, Izhazi appeared
before Judge Vyskocil to plead
guilty. Inner City Press live
tweeted it:
Judge Vyskocil:
How would you characterize
your ability to speak English?
Izhaki: Un
momentito. I speak six, seven
different languages. English
is number six. To understand
it is different. Like instead
of saying The White House you
say the House White.
Judge
Vyskocil: Are you a US
citizen?
Izhaki: Yes your
Honor. Judge Vyskocil: Have
you been under the care of a
psychiatrist? Izhaki: Yes.
Since my car accident in May
2019. And after the criminal
charges... I was hospitalized
three weeks ago.
Judge Vyskocil:
So she did not try to take her
life?
Izhaki: I had
tried to take my life
previously. But I didn't
continue with that type of
behavior.
Mr. Jacob
Mitchell: There was an earlier
incident. More recently a
doctor sent her to be
examined, but she was released
Judge Vyskocil: I
find Ms. Izhaki is competent
to enter a plea. Izhaki: Can I
read you something? Mr.
Mitchell: Is it just the
allocution? Izhaki: Yes. Judge
Vyskocil: We'll get to that in
a minute.
Izhaki: Can I
speak to my attorney? Judge:
Yes
They're back.
Judge
Vyskocil: You
understand you will have no
trial?
Izhaki: I'm
giving up my trial?
Mr Mitchell: May
I speak?
Judge Vyskocil. Yes. And I
wish you had spoken more with
the client
beforehand.
The AUSA said, We
might supersede on the
smuggling charges - but we
won't do it if we're moving
toward resolution.
Judge Vyskocil
asked, Have you identified
victims under the Victims'
Act?
The AUSA
replied, No, not in the
case.
Now after that strange
proceeding, on September 16 the SDNY
prosecutors have "announced that two
defendants, SCOTT ROBINSON and SARAH IZHAKI,
each pled guilty today to conspiring to
unlawfully distribute adulterated and
misbranded drugs for the purpose of doping
racehorses in connection with the two cases in
which they are charged, United States v.
Robinson, 20 Cr. 162 (JPO), and United States
v. Izhaki, 20 Cr. 161 (MKV). ROBINSON
pled guilty before U.S. District Judge J. Paul
Oetken, and will be sentenced by Judge Oetken
on January 15, 2021. IZHAKI pled guilty
before U.S. District Judge Mary Kay Vyskocil,
and will be sentenced by Judge Vyskocil on
December 2, 2020."
The case is
US v. Izhaki, 20-cr-161
(Vyskocil).
***
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