The United States Attorney's Office for the Middle District of Pennsylvania announced that Dr. Kevin Brophy, age 60, Florida, Dr. Fernando Motta, age 44, Lancaster, Pennsylvania, and Dr. Christopher Korte, age 43, Pueblo, Colorado, pleaded guilty today before U.S. Magistrate Judge Susan E. Schwab in Harrisburg. Dr. Renee Nodine, age 52, Annville, pleaded guilty yesterday afternoon.
According to U.S. Attorney Peter Smith, the four defendants were each charged in separate criminal Informations on March 26, 2015, for their involvement in illegally treating thoroughbred race horses on race day at Penn National Race Track in Grantville, Pennsylvania. Each defendant is charged with allegedly administering drugs to horses within 24 hours of when the horse was entered to race. This conduct was in violation of the state law prohibiting the rigging of publicly exhibited contests and regulations prohibiting the administration of drugs to horses within 24 hours of when they are entered to race. Additionally, because the administering of the drugs was in violation of the state criminal laws, rules and regulations governing thoroughbred racing, they were not dispensed in the course of the defendants' professional practice.
At the guilty plea proceedings before Magistrate Judge Schwab, Assistant United States Attorney William A. Behe explained that the drugs were not administered to treat the horses but to enhance the horses' performance in the race or to give it an edge over other horses. According to Behe this constituted misbranding of the prescription animal drugs in violation of federal law. The alleged activity took place at various times beginning as early as 1986 and continuing up to August 2014.
The Informations also allege that the defendants conspired with horse trainers, whose identities are “known to the United States”, to administer the drugs in violation of the laws, rules and regulations governing the conduct of thoroughbred racing.
The guilty pleas this week were pursuant to plea agreements in which the defendants agreed to plead guilty and cooperate with the United States in the continuing investigation. At the guilty plea proceedings Behe informed the court that cooperation by the defendants was an essential part of the plea agreement and that the defendants had already identified for the United States the many trainers with whom the defendants conspired with to illegally administer drugs to the horses. Behe identified for the court the drugs that were administered to include, among others, Kentucky Red, Carolina Gold, Bute, Dexamethasone, Banamine, Stop2, Estrogen, LArginine, and ACTH.
According to the charges, trainers allegedly placed orders for drugs and the defendants, after administering the drugs, backdated the billing records to avoid detection. The defendants allegedly submitted false veterinarian treatment reports to the State Horse Racing Commission, omitting from those reports any reference to the drugs administered to horses at the track on race day. The filing of these reports and the backdating of billing records were, allegedly, to further the conspiracy by concealing the illegal activity. These acts had the potential to defraud other owners and trainers whose horses were entered in the same race and defrauded the betting public as well.
The matter is being investigated by the Harrisburg Office of the Federal Bureau of Investigation, the Pennsylvania State Horse Racing Commission, U.S. Food and Drug Administration's Office of Criminal Investigations, and the Pennsylvania State Police. Assistant United States Attorney William A. Behe is prosecuting the cases for the United States.
Indictments and criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty in these cases under the federal statute is 2 years imprisonment, a term of supervised release following imprisonment, and a $200,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Sentencing for the four defendants is scheduled for July 21, 2015 before Magistrate Judge Schwab.
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