Is 10 Years Hard Time Enough?

Silver Charm · March 10, 2020, 05:26:02 PM

That\'s a pretty BIG #! 10 years or 120 months.

Considering the wire tapes and all of the other insiders who went down, potentially becoming States witness, would you go to trial? We aren\'t talking about a 10 year suspension of a license like with Rick Dutrow. This 10 years in D Block.

I have to believe Plea Deals will be taken. I hope the Fed\'s make it clear they aren\'t done looking for drug dispensers. There might be more than a few people out there turning over a new leaf....

JR · March 10, 2020, 08:34:32 PM

Lifetime ban from the sport is good enough for me. These people donâ€™t have a second act unless itâ€™s on the lab side.

P-Dub · March 10, 2020, 10:33:17 PM

Lifetime ban is enough??

They need to serve time

Silver Charm · March 11, 2020, 05:52:51 AM

With cell phones confiscated clearly if one of the principals \"rolls over\" (Servis-Navarro) several others could be taken down as part of plea for a lesser sentence. This could include owners who were involved in large betting schemes because they to were privy to the inside dope. Being part of conspiracy to \"fix\" a wagering event is just criminal as the fixer. Servis and Navarro are probably looking at 3-5 years. Unless they start talking.....

A person who has experience in federal prosecutions of the nature outlined in the indictments who spoke on the condition of anonymity due to his position in the racing industry said that the information contained in the indictments â€" and the fact that many of the individuals on the other side of intercepted phone calls were unnamed â€" indicated that the investigation is still ongoing. According to the person, the federal government is likely to spend the next two weeks attempting to reach plea bargains with some individuals to provide testimony against others, including those not already indicted.

Silver Charm · March 11, 2020, 06:07:53 AM

BTW there is nothing any different in this scenario than when a corporate insider passes on inside info of an earnings miss (or beat) or a drug failure (or success) to others who use that for gain in the Securities markets.

Martha Stewart did like 6 months for dumping a few thousand shares.

Top 4 Most Scandalous Insider Trading Debacles
https://www.investopedia.com/articles/stocks/09/insider-trading.asp

BitPlayer · March 11, 2020, 12:20:43 PM

Insider trading in the stock market has been ruled to be fraud because it involves breach of a fiduciary duty or a duty to disclose. I am not seeing any duty to disclose in horse racing. The claiming game could not exist otherwise.

Regarding appropriate penalties, if Patrick Biancone gets one or two horses in the gate for the Kentucky Derby, what is the over/under on the number of times the words \"cobra venom\" appear in the same paragraph with his name?

Silver Charm · March 11, 2020, 02:25:29 PM

If an Owner was deemed to be the \"Mastermind\" of a Betting Scheme by juicing a horse so he can win this is criminal.

Claims made by Servis or Navarro that were instantly moved up were they for himself or his owners? Trainers only get 10% of the purse.

The Gamblers who rigged the Black Sox Series were not the Managers or Players. Those two groups were just the pawns on the chess board. Do you really think Servis or Navarro were acting alone.....

johnnym · March 11, 2020, 02:40:27 PM

I think the video of Navarro with that owner proves that point..

My question is, besides these very obvious two who move up huge after claims.
What about the guys who donâ€™t claim?
Who do this from the beginning.
Have no base line to compare figures frozen samples would that even help?

I really like the track pharmacy idea.
Interesting times..

P.S
You think the Feds made any wagers during the wire tapping?
Sure they got a lot of good tipsðŸ˜Ž

Silver Charm · March 11, 2020, 02:59:34 PM

Oh no Mr Gecko that would be illegal. That would be Insider Trading....Servis and Navarro may have just been the Bud Fox in all this. Were they hiding in closets or stalls to find Claims for a lousy 10%......

Watch \"Wall Street (1/5) Movie CLIP - The Art of War (1987) HD\" on YouTube
https://youtu.be/-TLCaDbBv_s

BitPlayer · March 11, 2020, 03:16:15 PM

How does that work with off-track training centers like Palm Meadows, Fair Hill, and San Luis Rey Downs? Would they have to be certified in some way? You would also have an issue with horses shipping in from other tracks without the same rules.

TGJB · March 11, 2020, 03:17:25 PM

Yep. A lot of details would have to be worked out.

TempletonPeck · March 12, 2020, 04:08:19 PM

I don\'t practice that much in federal court, but it\'s important to recognize that when the DOJ trumpets \"Could face 10 years!\" that is often quite unrealistic.

The federal sentencing guidelines (substantially, at least) control what the eventual sentence will be. Factors like any prior criminal history, the amount of $ loss the feds can prove up, # of jobs lost, etc., all can factor into what the guidelines say. Then you may find a judge willing to make a departure from the manual (up or down), or not. Maybe you get a few points shaved for cooperation, or maybe you don\'t, etc.

All of which to say, don\'t spend a lot of time relishing the pronouncement of a 10 year sentence, it ain\'t likely coming.

And of course, I\'m not your lawyer, and this isn\'t legal advice.

Strike · March 12, 2020, 05:40:18 PM

First, I am not a lawyer.
I wonder if racketeering fits the bill --

The element of \'racketeering activity\' is extremely broad. The statute includes kidnapping, gambling, arson, robbery, bribery, extortion, or a list of many other criminal statutes. The more common statutes include fraud, obstruction of law enforcement, forgery, and trafficking statutes.

At the very least (if convicted) these guys committed fraud. Servis made and probably already banked over $1 million for his trainer\'s share of the Saudi race alone.

Not sure if they were indicted for racketeering but it seems a solid fit. Conspiracy as well. Both felonies.