By Matthew Russell Lee, Patreon Thread
BBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, July 23 -- 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, 2020 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 23, 2021, co-defendant Michael Kegley Jr. pled guilty to his role in the distribution of adulterated and misbranded drugs with the intent to defraud and mislead, before U.S. District Judge Mary Kay Vyskocil. Inner City Press covered it.
Kegley got a plea deal with a guideline of 30 to 36 months and will be sentenced by Judge Vyskocil on November 22, 2021. His lawyer said he'd assured Kegley that will probably be in person.
On June 25, 2021co-defendant Seth Fishman asked Judge Vyskocil to change lawyers. She held a proceeding, covered by Inner City Press, in which she said as long as no delay in the case. Incoming counsel committed to that, and so the switch was made.
Back on November 11, 2020 Chan's Federal Defender informed Judge Vyskocil he anticipated the following motions: motion to dismiss Counts III and IV of the superseding Indictment; motion for severance; motion to suppress statements; motion to suppress wiretap evidence; and a motion to preclude expert testimony and other evidences on Daubert grounds." Watch this site.
On July 17, Judge Vyskocil wrote, "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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