Sealed court files are opened on Nick Surick

The United States District Court Southern District of New York has unsealed six of the court documents that were sealed against harness racing trainer Nicholas Surick.

Here are the documents as were given to Harnesslink. While the court documents are quite long in length, they best describe the offences originally charged against Surick.

The United States Attorney charges:

COUNT ONE

1. From at least in or about 2016 through at least in or about March 2020, in the Southern District of New York and elsewhere, NICHOLAS SURICK, the defendant, together with others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit offenses against the United States, to wit, violations of Title 21, United States Code, Sections 331 and 333(a)(2), to wit, SURICK participated in efforts to administer misbranded and adulterated drugs to racehorses under the care and control of Jorge Navarro.
2. It was a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, would and did introduce and deliver for introduction, and would and did cause the introduction and delivery for introduction, into interstate Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 1 of 9 2 commerce, adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2).
3. It was further a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, in interstate commerce, would and did adulterate and misbrand drugs, and would and did cause the adulteration and misbranding of drugs in interstate commerce, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, in violation of 21 U.S.C. §§ 331(b) and 333(a)(2).
4. It was further a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, would and did receive in interstate commerce adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, and deliver and proffer delivery thereof for pay and otherwise, and would and did cause the receipt in interstate commerce of adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, and cause the delivery and proffered delivery thereof for pay and otherwise, in violation of 21 U.S.C. §§ 331(c) and 333(a)(2). Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 2 of 9 3 Overt Acts
5. In furtherance of the conspiracy and to effect the illegal objects thereof, NICHOLAS SURICK, the defendant, and others known and unknown, committed the following overt acts, among others, in the Southern District of New York and elsewhere: a. In or about 2016, SURICK provided multiple shipments of “red acid,” a customized PEDs designed, in part, to reduce inflammation in joints, thereby improving a racehorse’s race performance, to Jorge Navarro for administration to racehorses under Navarro’s training and care. b. On or about December 11, 2018, Navarro solicited a shipment of “red acid” from SURICK, which SURICK agreed to collect from Pennsylvania and ship “overnight” to Navarro. (Title 18, United States Code, Section 371.)

COUNT TWO (Drug Adulteration and Misbranding Conspiracy)

The United States Attorney further charges:

6. From at least in or about 2010 through at least in or about March 2020, in the Southern District of New York and elsewhere, NICHOLAS SURICK, the defendant, together with others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit offenses against the United States, to wit, violations of Title 21, United States Code, Sections 331 and 333(a)(2), to wit, SURICK Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 3 of 9 4 orchestrated efforts to administer misbranded and adulterated drugs to racehorses under his the care and control.
7. It was a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, would and did introduce and deliver for introduction, and would and did cause the introduction and delivery for introduction, into interstate commerce, adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2).
8. It was further a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, in interstate commerce, would and did adulterate and misbrand drugs, and would and did cause the adulteration and misbranding of drugs in interstate commerce, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, in violation of 21 U.S.C. §§ 331(b) and 333(a)(2).
9. It was further a part and an object of the conspiracy that NICHOLAS SURICK, the defendant, together with others known and unknown, with the intent to defraud and mislead, would and did receive in interstate commerce adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, and deliver and proffer Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 4 of 9 5 delivery thereof for pay and otherwise, and would and did cause the receipt in interstate commerce of adulterated and misbranded drugs, as defined by 21 U.S.C. §§ 351(a)(5), 352(a), 352(b), 352(f), 352(o), 353(f), and 360b, and cause the delivery and proffered delivery thereof for pay and otherwise, in violation of 21 U.S.C. §§ 331(c) and 333(a)(2). Overt Acts
10. In furtherance of the conspiracy and to effect the illegal objects thereof, NICHOLAS SURICK, the defendant, and others known and unknown, committed the following overt acts, among others, in the Southern District of New York and elsewhere: a. In or about 2010, SURICK directed veterinarians, including Rebecca Linke, to administer misbranded performance enhancing drugs, including “red acid” and a “bleeder” medication composed of, among other things, formaldehyde.
11. On or about January 2, 2019, SURICK directed a racehorse trainer in Ohio to continue administering blood[1]building PEDs to the horse Northern Virgin in advance of a horse race scheduled at a racetrack in the Southern District of New York, stating: “whatever you have got to do . . . just make sure you keep his blood up.”
12. On or about January 14, 2019, SURICK, while located in the Southern District of New York, placed a call to another individual to discuss the ongoing investigation into Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 5 of 9 6 SURICK’s doping of Northern Virgin, during which SURICK indicated he would, in the future, communicate on that topic using an encrypted communication application. (Title 18, United States Code, Section 371.)

COUNT THREE (Obstruction: Surick)

The United States Attorney further charges:

11. From at least on or about December 1, 2018, through at least in or about February 2019, in the Southern District of New York and elsewhere, NICHOLAS SURICK, the defendant, corruptly persuaded another person, and attempted to do so, and engaged in misleading conduct toward another person, with intent to hinder, delay, and prevent the communication to a law enforcement officer and judge of the United States of information relating to the commission and possible commission of a Federal offense, to wit, SURICK instructed others to make false statements, and to falsify documents, relating to the investigation of the doping and whereabouts of the racehorse “Northern Virgin,” which was in fact the subject of a federal investigation in the Southern District of New York. (Title 18, United States Code, Sections 1512(b)(3) & 2.)

FORFEITURE ALLEGATIONS

12. As a result of committing the offenses alleged in Counts One and Two of this Information, NICHOLAS SURICK, the Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 6 of 9 7 defendant, shall forfeit to the United States, pursuant to Title 21, United States Code, Section 334 and Title 28, United States Code, Section 2461, any and all drugs that were adulterated or misbranded when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce, or which may not, under the provisions of section 331(ll), 344, or 355 of this title, have been introduced into interstate commerce, including but not limited to a sum of money in United States currency representing the value of such property.
13. As a result of committing the offenses charged in Counts Three of this Information, NICHOLAS SURICK, the defendant, shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28 United States Code, Section 2461(c), any and all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of said offenses, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission of said offenses. Substitute Asset Provision
14. If any of the above described forfeitable property, as a result of any act or omission of the defendant: a. Cannot be located upon the exercise of due diligence; Case 1:20-cr-00160-MKV Document 862 Filed 06/21/22 Page 7 of 9 8 b. Has been transferred or sold to, or deposited with, a third person; c. Has been placed beyond the jurisdiction of the Court; d. Has been substantially diminished in value; or e. Has been commingled with other property which cannot be subdivided without difficulty; it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of said defendant up to the value of the forfeitable property.

The other five unsealed documents have to deal mainly with court appearance changes due to Covid restrictions during 2020 and 2021.

There is one instance of importance that was stated in a document from the courts pertaining to changes in court appearances.

The parties jointly agree and respectfully submit that Surick’s interest in resolving the criminal charges previously filed against him, coupled with the Government’s interest in advancing its ongoing investigations through the use of Surick’s cooperation, are “specific reasons,” within the meaning of Section 15002 et seq. of the CARES Act, sufficient to proceed with a video teleconference or telephone conference for Surick’s change of plea proceeding.

It has been explained to Harnesslink that Nick Surick was facing as much as 20 years in prison but due to his cooperation with the investigation he now may face only five years in prison along with all forfeiture of anything purchased. Meaning that all property, real and personal, that constitutes or is derived from proceeds traceable to the commission of said offenses, including but not limited to a sum of money in United States currency representing the amount of proceeds traceable to the commission of said offenses.

Harnesslink will be continuing to follow the court proceeding in all of the cases involving this major horse racing doping scandal.

by Steve Wolf, for Harnesslink