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The Navarro and Servis Indictment Hearings are Heating Up!


Chief Stipe

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Lawyers representing Jason Servis filed a motion Monday to have evidence against him that was obtained through wiretaps thrown out. Attorneys Rita Glavin and Michael Considine charge that the government obtained authorization from a court to tap into Servis's phone based on a sworn affidavit from an FBI agent that, they contend, “contained deliberately or recklessly false statements and the material omission of statutorily and constitutionally required information.”

The Servis legal team argues that the wire taps evidence should be thrown out because using it represents a violation of Servis's Fourth Amendment rights. The Fourth Amendment reads, in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

Servis has been charged with a long-running history of using performance-enhancing drugs on his horses, including the drug SGF-1000. The bulk of the evidence obtained against Servis comes from taps of his phone and the phones of others. The charges levied against him would be much more difficult to prove without the evidence from the tapped phones.

In an intercepted conversation with trainer Jorge Navarro, who is also under indictment, Servis said that he used SGF-1000 on “everything almost.”

Glavin and Considine are also seeking to have evidence obtained from wiretaps of the phones of Navarro, veterinarian Kristian Rhein and Alexander Chan, a veterinarian who worked with Rhein, suppressed.

“Mr. Servis's communications were unlawfully obtained as a result of those wiretaps, and he is an aggrieved party with standing to bring this motion,” his lawyers wrote. According to the original indictments release last year, Navarro is also heard admitting he used SGF-1000. On another intercepted call of note, Rhein tells Servis that, when it comes to SGF-1000, “They don't even have a test for it.”

The story was first reported by the Bloodhorse.

Servis's attorneys also charge that the government made “material misrepresentations” to the court about SGF-1000, stating that it is a performance-enhancing drug that contained “growth factors,” purposefully exaggerating the performance-enhancing qualities of SGF-1000 to obtain permission to tap the phone. The Servis lawyers write that SGF-1000 is not, in fact, a performance-enhancing drug. The filing reads: “SGF-1000 was tested on numerous occasions by independent laboratories and found to contain no growth factors. Instead, SGF-1000 tested as ovine (sheep) collagen, a substance which was unlikely to have any effect on a horse's performance at all.”

The motion also states that “SGF-1000 was repeatedly tested prior to the wiretap and found to contain no performance-enhancing substances.”

Whether or not SGF-1000 is a performance-enhancing drug could be a moot point. Throughout the case, the government has argued that even if a drug is not a performance-enhancer, it is illegal for a trainer to use it when their intent is to dope or “juice” a horse.

Despite the notoriety SGF-1000 has received because of the Servis-Navarro case, it is not hard to find it. It is available from the website vetpharmacystore.com, which is peddling a box of SGF-1000 for €170. The company describes SGF-1000 as an innovative formulation that includes “potent growth factors.”

The lawyers also charge that the government misled the courts about the urgency to use wiretaps at a time when it had not exhausted normal investigative procedures. “The Government failed to take even the most basic of investigative steps with respect to Mr. Servis, and instead ran to the district court for a wiretap as essentially its first investigative step,” they wrote.

In another attempt to bolster their case, the lawyers point out that Servis is “a trainer whose horses did not fail any post-race drug tests since the FBI's investigation in this case began in 2017 and through the date of the Mar. 9, 2020 Indictment.”

In Glavin, Servis has hired one of the top defense lawyers in the Northeast. It has been a busy few days for the attorney, who also represents New York Governor Andrew Cuomo, who is embroiled in a sexual harassment scandal. On Tuesday, New York State Attorney General Letitia James released a report alleging that Cuomo sexually harassed multiple women, including current and former government workers.

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Navarro negotiates a plea bargain but pleads guilty to using performance enhancers.  However so far the only drug identified is Clenbuterol which many of you asthmatics would identify with.

Now the interesting thing is that Clenbuterol can be detected in urine up to 7 days after ingestion yet it seems no positives were returned.

No doubt the conspiracists will raise the spectre of some new undetectable performance enhancing drug even though there is no evidence of one.

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Trainer Jorge Navarro

Trainer Jorge Navarro

Anne M. Eberhardt

Navarro Pleads Guilty in Horse Doping Scheme

Sponsored By Taylor-Made_2.14.18_170x30.png

Trainer Jorge Navarro Aug. 11 changed a plea from not guilty to guilty on charges involving the use of performance-enhancing drugs in racehorses and faces up to five years in prison and substantial penalties.

As part of a plea agreement on a felony count, the federal government agreed to drop other charges at the time of sentencing.

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Other defendants among roughly two dozen other individuals charged by prosecutors in the long-running racehorse doping scheme either have pled guilty or have indicated plans to do so. Navarro and trainer Jason Servis are among the most prominent of the defendants in the case. Servis has not altered his initial plea of not guilty.

Servis and Navarro were overheard on federal wiretaps discussing the drugs conspiracy, according to the indictment. The scheme, conducted over several years, included distribution and administration of mislabeled substances not approved by the Food and Drug Administration.

"Count 1 of the indictment charges the defendant with participation in a conspiracy to commit drug adulteration and misbranding of drugs in violation of (federal law)," U.S. District Judge Mary Kay Vyskocil said Wednesday.

"In particular, the government alleges that Mr. Navarro administered and directed others, including others working at his direction, to administer non-FDA-approved, misbranded, and adulterated drugs, including drugs intended to increase the performance of Thoroughbred racehorses under his custody and care.

"The government alleged that, in doing so, Mr. Navarro took action to avoid detection of his actions, including by using drugs that he believed would be undetectable by racing officials and by working with others to hide that conspiracy."

She led Navarro and his attorney through the details of the charges, asking Navarro if, in fact, he was guilty. Throughout the litany, Navarro repeatedly replied, "Yes, your honor."

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After more than an hour of legal detail-shuffling, Vyskocil accepted the plea and said sentencing guidelines call for a prison term of up to five years with a requirement that at least 85% of the eventual sentence be served, followed by up to three years of probation. Navarro also admitted a "loss to victims" resulting from his action of more than $25 million in purse money and agreed to make restitution.

Navarro's defense agreed to provide a restitution schedule toward affected parties at the time of sentencing, but there was no discussion of the likelihood of actual recovery. 

In speaking with Vyskocil, Navarro acknowledged he was guilty of illegal actions.

"Mr. Navarro, you have agreed that from in or about 2016 through on or about March 9, 2020, you administered and directed others, including veterinarians working at your direction, to administer non-FDA-approved, misbranded, and adulterated drugs, including drugs intended to increase the performance of Thoroughbred racehorses under your direction and care. Is that accurate and true?" Vyskocil asked.

"Yes, your honor," he replied.

Navarro also confirmed that drugs he used on his horses included blood-building substances, vasodilators, "bleeder" pills, and other substances. 

Fasig-Tipton

"All right, Mr. Navarro," Vyskocil continued. "You've also agreed that among the horses to which you administered such drugs were the horses X Y Jet , War Story , Shancelot  , Sharp Azteca  , and Nanoosh . Is that, in fact, true and accurate, Mr. Navarro?"

Navarro: "Yes, your honor."

Later, following another question, Navarro confirmed that he and one of the owners of Nanoosh, who was left unidentified, agreed to continue administering such drugs to that horse in order to improve Nanoosh's racing performance.

Nanoosh made the final three starts of his racing career for Navarro in 2019 for owners Rockingham Ranch, Zayat Stables, and David Bernsen. Twice the horse was unplaced, and once he ran third.

Navarro admitted at the hearing that the scheme included administration of various adulterated and misbranded performance-enhancing drugs to the sprinter X Y Jet, including a substance he referred to as "monkey," to "enhance his performance" in a Feb. 13, 2019, race at Gulfstream Park and in the Dubai Golden Shaheen Sponsored by Gulf News (G1) in March 2019 at Meydan.

The indictment charged the trainer personally administered the drugs while in Dubai.

X Y Jet was campaigned by Gelfenstein Farm throughout his 26-race career and Rockingham Ranch took part ownership of the horse in 2016. Bernsen assumed a 10% interest of X Y Jet in early December 2019 as part of a partial restructuring and dispersal of horses he owned in partnership with Rockingham Ranch.

Navarro reported in January 2020 that X Y Jet had died of a heart attack.

X Y Jet wins 2018 Smile Sprint at Gulfstream Park.
Photo: Coglianese Photos/Lauren King
X Y Jet after his 2018 Smile Sprint Stakes win at Gulfstream Park

Navarro also implicated Servis by responding affirmatively when Vyskocil asked him if he had "provided and imported misbranded bronchodilator drugs" to Servis, among others. 

Navarro is a citizen of Panama and the judge said his plea "may have adverse effects on your immigration status, including deportation," after he serves his time.

Navarro's guilty plea follows one from veterinarian Kristian Rhein earlier this month in the doping scheme.

MITCHELL: Rhein Enters Guilty Plea on Federal Doping Charges

"Kristian Rhein and Jorge Navarro represent the supply side and the customer side of the market in performance-enhancing substances that have corrupted much of the horse racing industry," Manhattan U.S. Attorney Audrey Strauss said in a press release issued after the guilty plea. "As he admitted today, Navarro, a licensed trainer and the purported 'winner' of major races across the world was, in fact, a reckless fraudster whose veneer of success relied on the systematic abuse of the animals under his control.

"Rhein previously admitted that he flouted his oath as a veterinarian to protect the animals under his care, choosing instead to pursue money through the sale and administration of unregulated substances used by trainers engaged in fraud and animal abuse. These latest convictions demonstrate the continued commitment of this office and our partners at the FBI to the investigation and prosecution of corruption, fraud, and endangerment at every level of the horse racing industry."

According to prosecutors, Navarro operated his doping scheme covertly, importing misbranded clenbuterol that he both used and distributed to others. They noted he avoided explicit discussion of PEDs during telephone calls and worked with others to coordinate the administration of PEDs at times that racing officials would not detect such cheating.  

The plea from Navarro represents a stunning fall from grace of one of racing's top-level trainers. Before the indictment and subsequent bans by regulators, Navarro won seven straight training titles at Monmouth Park and led the 2018-19 Championship Meet at Gulfstream Park.

The judge set a Dec. 17 sentencing date with in-person representation.

Vyskocil said the decision to hold the change of plea hearing remotely, with audio and video participation, was due to concerns about the pandemic, case backlogs, and the fact that long delays "impose stress on the defendant and his family."

 

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If you can get behind the peterprofit.com paywall, =20 bucks, he's hot on the trail of rampant drug use in thoroughbreds down under, as well as alleged wrong doings in the trot caper.....so too is letsgohorseracing.......a very interesting read even if he's half right......a few stables going gang busters at the mo, were oh so quiet for a while.......there wont be a royal commission of course as too many people with far too much to lose.....aint life grand.

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15 hours ago, Joe Bloggs said:

If you can get behind the peterprofit.com paywall, =20 bucks, he's hot on the trail of rampant drug use in thoroughbreds down under, as well as alleged wrong doings in the trot caper.....so too is letsgohorseracing.......a very interesting read even if he's half right......a few stables going gang busters at the mo, were oh so quiet for a while.......there wont be a royal commission of course as too many people with far too much to lose.....aint life grand.

There is a huge flaw in this argument which in my mind borders on being an outright conspiracy theory.

The flaw is that supposedly modern testing technology cannot detect artificial anomalies in blood or urine testing. 

Navarro's crimes are related to being a party to the adultering and mislabeling of approved medications i.e. what they say they were giving their horses in their records wasn't actually what they were giving them.  That's fraud but it isn't proof of the use of performance enhancing drugs during racing (none detected) nor evidence of a mysterious new undetectable substance.  What it may point to is that therapeutic drugs like Clenbuterol have been used without record to enable more intensive training.

The interesting therapeutic substance referred to repeatedly is SGF-1000.  Now this substance which is a combination of amines/cells derived from ovine placenta can't be anything but purely therapeutic.  The theory is that those extracts when injected into those joints and muscles that suffer the most wear and tear in training assist with their repair i.e. they aid the recovery from the adverse effects of training.  Of course there is an ethical question around their use if indeed they do do what they are claimed to do.  Interestingly I was doing business deals in China about 15 years ago selling sheep placenta and extracts to them.  They had for a long time been developing injectables from placenta for humans wanting to defer ageing processes or related wear and tear.

Interesting how we all tend to turn a blind eye to the major stables attrition rates both here and in OZ.  How many horses go into the Murray Baker or Gai Waterhouse or the Chris Waller stables each year and make it to the races?

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Do you remember a few years back when David Hayes received a ''package' from the USA wrongly addressed to him? Apparently, according to a few people in the know, it's on again.......David blew the whistle, for the honest buggers in this caper I hope this is handled well, honestly and with open transparency.......

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Archie Butterfly [peterprofit.com] openly stating in his morning blog, NZ next on the drug bust BUS........he doesn't just sit there and make this shit up, he digs, he digs deep, doesn't always hit pay dirt, but a lot of very nervous people out there, Oz will watch closely I'm guessing, and the good honest stipes, the non lazy or not blind types will go hard......yeah baby, bring it on.

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59 minutes ago, Joe Bloggs said:

Archie Butterfly [peterprofit.com] openly stating in his morning blog, NZ next on the drug bust BUS........he doesn't just sit there and make this shit up, he digs, he digs deep, doesn't always hit pay dirt, but a lot of very nervous people out there, Oz will watch closely I'm guessing, and the good honest stipes, the non lazy or not blind types will go hard......yeah baby, bring it on.

So the NZ RIU drug testing protocols are crap?

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8 hours ago, Chief Stipe said:

navarro's crimes are related to being a party to the adultering and mislabeling of approved medications i.e. what they say they were giving their horses in their records wasn't actually what they were giving them.  That's fraud but it isn't proof of the use of performance enhancing drugs during racing (none detected) nor evidence of a mysterious new undetectable substance.

So you've posted an article which specifically states when Navarro is asked by the judge if he is admitting to using performance enhancers for the 4 years the charges apply to,he says "yes your honor".It can't get much clearer than that.

But i see in your above post you are still sticking to your argument that there isn't proof he used performance enhancers,instead referring to it as fraud.i suppose you have to stick to that,otherwise it would be admitting you have been proven wrong.

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