Judge Modifies, But Does Not Revoke Fishman's Bail Conditions

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Sarah Andrew

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After federal prosecutors alleged that indicted Florida veterinarian Seth Fishman is still selling purportedly performance-enhancing drugs (PEDs) while awaiting trial in the international racehorse doping conspiracy case, the judge in the case Wednesday ordered new bail modification conditions after hearing both sides of the issue at a Monday hearing that could have–but didn't–result in Fishman's bail being revoked.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) wrote in a Dec. 22 order that the following added terms shall apply to Fishman's pretrial release:

“The defendant shall surrender all drugs and/or substances now stored at [the address for his Boca Raton business] to an agent of the Federal Bureau of Investigation, the Food and Drug Administration, or the designee of either the FBI or the FDA, within two weeks of Dec. 20. At all times prior to the surrender of the drugs or substances … the defendant, his agents, and any employees of any business controlled by the defendant shall refrain from entering the [Boca Raton business]. For the duration of the period of his pretrial release, the defendant, and all entities that he controls, shall refrain from the manufacture and/or distribution of any drug or substance, and from the administration of any drug or substance, apart from the drugs and substances that the defendant may administer to himself in the course of self-treatment for his own medical conditions.”

Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government. His trail is tentatively expected to begin in January.

On Dec. 6, federal prosecutors asked the judge overseeing the case to consider revoking the bail terms of Fishman's pretrial release. The basis for that request was that an employee of Fishman's had informed the government that Fishman was still allegedly creating pharmaceuticals for foreign distribution, and an FBI search of Fishman's business permitted by that employee allegedly turned up some of the same drugs that had formed the basis of Fishman's originally charged offenses.

One week later, Fishman's legal team denied the charges while alleging that the move by the feds to get Fishman's bail revoked was a ploy to undermine his legal preparation for the upcoming trial.

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