5 Takeaways From Our Investigation Into Horse Drugging

Even a former FBI agent handing New York key documents on a silver platter couldn’t jolt state regulators into action, our investigation found.

Here are five takeaways:

1. NEW YORK RACING REGULATORS GOT ROCK-SOLID EVIDENCE FROM THE FISHMAN TRIAL — AND IGNORED IT FOR YEARS

Federal law enforcement only targeted the leaders of the doping ring. But they wanted to give state regulators — who have the power to ban dopers — a chance to continue the work. So in 2023, former FBI agent Naushaun Richards sent the New York State Gaming Commission key records from the investigation. The documents named several dozen New York owners and trainers who had bought illegal drugs from Fishman. A gaming commission inspector thanked Richards for sharing them.

Then nothing happened. The gaming commission took no action to punish any of the people named in the records.

When New York Focus asked the gaming commission about the documents last month, spokesperson Lee Park repeatedly denied that the agency had ever received anything. But a few days later, he changed his tune. A staff investigator had received the records in 2023, but then failed to take any action or share them with the rest of gaming commission staff, Park claimed.

The commission has now reopened its investigation into the drug buyers, and the investigator who allegedly backburnered the records has been placed on leave.

2. MANY OF THE PEOPLE IMPLICATED IN THE DOPING RING ARE STILL RACING AND WINNING

Since Fishman’s conviction, the hundreds of horse trainers and owners implicated in the scandal have won at least $40 million in racing prizes.

In New York, much of that money comes from taxpayer-funded subsidies — the state subsidizes horse racing to the tune of $250 million each year.

3. HORSES DIED AS A RESULT OF THE DRUGS

Many of Fishman’s most dangerous drugs were painkillers, which he sold in enormous quantities. Horses that are given these numbing agents run through the pain of injuries, which can cause broken legs and euthanasia. Federal prosecutors said that the doping scheme ended up killing at least 20 horses.

4. KEY LAWMAKERS SEEM UNBOTHERED BY THE STATE’S INACTION

There’s a long history in New York of lawmakers acting as boosters for the horse racing industry, rather than providing meaningful oversight. That holds true in this case, too.

Assemblymember Gary Pretlow, who ran the legislative committee in charge of horse racing until last year, told New York Focus that he doesn’t think the drug buyers should be punished and prevented from “earning a living.”

“Just buying it doesn’t necessarily mean that they administered it to horses,” he said. “They may have bought it to kill rats.”

Purchasing unlicensed animal drugs is illegal under federal law, regardless of whether they are used.

The current chairs of the racing committees, Senator Joseph Addabbo and Assemblymember Carrie Woerner, didn’t respond to requests for comment.

5. OTHER REGULATORS ARE STARTING TO TACKLE THE ISSUE

Last year, a few regulators outside of New York began to take action against Fishman’s clients, most prominently Howard Taylor, a major figure in the racing industry, and a major Fishman customer. Taylor lost his Kentucky racing license earlier this year after facing questions about his drug purchases, and is currently fighting an effort by Delaware regulators to ban him from racing in the state, also due to drugs.

Last May, Ontario, Canada, also banned Jeffrey Gillis, a major figure in racing who was caught on an FBI wiretap ordering drugs from Fishman in 2019.

And the United States Trotting Association, one of the governing bodies of racing, suspended Fishman buyer Nicholas DeVita’s racing license after he refused to cooperate with an investigation, though he is allowed to continue to race while he appeals the ruling.