Navarro Attorney Files Pre-Sentence, Deportation Looms

A defense attorney for Jorge Navarro filed their pre-sentencing report Dec. 3 with the United States District Court in the Southern District of New York, the next proceeding in the case of the suspended trainer who pled guilty Aug. 11 on charges involving the use of performance-enhancing drugs in racehorses. Navarro is set to be sentenced Dec. 17 as part of a federal indictment of more than two dozen individuals in Thoroughbred and Standardbred racing for allegedly participating in a "widespread, corrupt scheme by racehorse trainers, veterinarians, (performance-enhancing drug) distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses under scheme participants' control." One of the highest-profile individuals charged in the case, Navarro faces the possibility of deportation from the U.S., where he has resided for the past 35 years, to his native Panama due to his immigration status as a removable alien. BloodHorse first reported the likelihood of deportation after the Aug. 11 change of plea hearing before judge Mary Kay Vyskocil, at which Navarro admitted to administering various adulterated and misbranded PEDs, including a substance he referred to as "monkey," to multiple horses, among them the late grade 1 winner X Y Jet, who Navarro reported dead in January 2020 due to an alleged heart attack. Navarro's counsel addressed the subject of deportation in more detail in their Friday filing, noting Navarro "is facing an almost certain deportation to a country where he has almost no familial, social, or economic ties" and "may even serve a longer incarceration term than ordered by the Court as a result of the collateral consequences of separate (Department of Homeland Security) deportation proceedings, which will only commence once he is transferred from the (Federal Bureau of Prisons) to (U.S. Immigration and Customs Enforcement)." Due to his immigration status, Navarro will not be eligible for incarceration at FCI Miami or FCI Coleman, federal minimum-security prisons where "many similarly situated defendants would ordinarily be designated which would be extremely conducive to family visitation," attorney Jason Kreiss wrote, noting he "may be designated to a BOP privately contracted facility far from his family..." Sentencing guidelines call for a prison term of up to five years with a requirement that at least 85% of the eventual sentence be served, followed by up to three years of probation. Navarro has also admitted a "loss to victims" resulting from his action of more than $25 million in purse money and has agreed to make restitution. The filing requested that the Court "impose a sentence below the advisory guideline range... and recommend that the Bureau of Prisons designate him to a facility as close to South Florida possible to facilitate family visitation." Navarro's attorney also submitted 70 character references in a 100-page document from individuals ranging from many members of Navarro's family to those who worked with the trainer in a professional capacity, including multiple owners, veterinarian Dr. Joel Lugo of Ocala Equine Hospital, and retired jockey Rene Douglas. According to prosecutors, Navarro operated his doping scheme covertly, importing misbranded clenbuterol that he both used and distributed to others. They noted he avoided explicit discussion of PEDs during telephone calls and worked with others to coordinate the administration of PEDs at times that racing officials would not detect such cheating. "Jorge recognizes that his conduct in this case calls into question his care for his horses, but those that know him as a horseman and trainer recognize his genuine love and devotion to his horses," the filing read. "At this juncture, having been absent from horse racing for almost two years, Jorge realizes the errors of his ways and is contrite, remorseful, and wishes he could roll back the hands of time. "Traveling around the country on the racing circuit for weeks on end in an ultra-competitive environment, waking up before dawn and leaving his house before seeing his kids, coming home after his kids were asleep, and trying to appease the owners broke him. Unfortunately, the pressure associated with professional horse racing and managing a 140-racehorse stable coupled with his insatiable desire to win tainted his judgment and led to his downfall, for which he takes full and complete responsibility. "Rather than stepping back and reevaluating, Jorge made life-altering choices that will haunt him forever. Jorge does not make excuses for his conduct but offers this explanation for his actions which he will address further in his allocution at the time of sentencing." A sentencing report from the prosecution is due to the court Dec. 10.