Author Topic: Prosecutors Request Reduced Prison Sentence For Surick  (Read 13695 times)

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WTF Hanover

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Prosecutors Request Reduced Prison Sentence For Surick
« on: January 13, 2023, 09:55:51 PM »
https://paulickreport.com/news/the-biz/prosecutors-request-reduced-prison-sentence-of-less-than-six-years-for-former-harness-trainer-surick/

by Natalie Voss|01.13.2023|1:55pm

Prosecutors Request Reduced Prison Sentence Of Less Than Six Years For Former Harness Trainer Surick

Former harness trainer and Thoroughbred owner Nick Surick could face as much as six years in federal prison for his role uncovered in the federal government's probe into doping of racehorses that resulted in more than two dozen indictments in March 2020. Prosecutors have asked for a reduced sentence of less than the 72 months recommended in a presentence investigation report despite the government and defense attorneys acknowledging Surick provided inaccurate information to the prosecution.

Surick is scheduled to be sentenced Jan. 19 at 2 p.m. ET after entering a guilty plea to three charges – one count of conspiracy to violate drug adulterating and misbranding laws in aid of former trainer Jorge Navarro, one count of the same in his own string, and one count of obstruction of justice. The U.S. government submitted its pre-sentencing report to U.S. District Judge Mary Kay Vyskocil this week, while Surick's attorneys filed theirs in December.

According to both reports, Surick was one of the first in the group of more than two dozen defendants to pursue a cooperation agreement with prosecutors in October 2020. He agreed to provide information to investigators on fellow defendants and it seems the government had hoped they could call him as a witness at trial. His name was absent from a superseding indictment filed in the case in November 2020.

Prosecutors say Surick met with investigators six times in the months between June and November 2020 in what are called “proffer sessions,” submitting to voluntary questioning about the role of himself and others. Surick's attorneys say he “provided extensive information about numerous indicted and unindicted co-conspirators” while prosecutors point out that the information “did not lead to the introduction of charges against any additional defendants, or any additional charges against existing defendants, nor did his testimony yield any additional investigative avenues.”

Surick is accused of supplying Navarro with “red acid,” the common name for an injectable painkiller, as well as a shockwave machine. (Read more about shockwave here.) Prosecutors say he also doped the horses under his own care.

One of the incidents Surick was questioned about was the case of his Standardbred trainee, Northern Virgin. Intercepted communications between Surick and other co-defendants reveal that he panicked after New Jersey investigators showed up at his barn to take an out-of-competition sample from Northern Virgin, who had been given EPO that Surick got from Navarro. Surick successfully hid Northern Virgin from state investigators, first claiming the horse wasn't on track property while concealing him in another barn, and eventually moving the horse to a training center in Ohio.

Surick told the government that it was fellow co-defendant and veterinarian Dr. Rebecca Linke who gave Northern Virgin the EPO, but it was later discovered that this was incorrect. Linke apparently produced records proving she could not have been present at Surick's barn on the day northern Virgin received the EPO.

In last week's filing, prosecutors said they could not be sure whether Surick's inaccuracy on this point was a matter of mistaken memory (as his attorney claims) or willful lying.

“Because it is possible that the defendant did not knowingly lie to the Government regarding this event, and because of the unique circumstances of this case, the government has not concluded that the defendant deliberately falsified the details of this event,” read the prosecutors' report.

Surick's inaccuracy about Linke's involvement made him unusable as a witness according to prosecutors, since the inconsistency in his story of a pivotal doping event would doubtlessly be an opportunity for opposing counsel to discredit him. For his part, Surick's attorney said his client mostly remembered his panic and anxiety over the fear that he was about to incur a positive out-of-competition test, while the details of who was present for the drug administration escaped him.

The pre-sentence investigation report (PSR), filed by the U.S. Probation office, recommended 72 months in prison for Surick, but prosecutors asked Vyskocil to consider a lesser sentence.

“The government respectfully submits that a serious sentence to some term of imprisonment, albeit one below that recommended by Probation in the PSR, is sufficient, but not greater than necessary, to serve the legitimate purposes of sentencing,” U.S. attorney Damian Williams wrote.

Prosecutors acknowledged they could have used a federal code allowing them to request a longer sentence since Surick's proffers turned out to have an accuracy issue, but have chosen not to. Federal codes could have allowed them to request as much as 30 years in jail for all three charges.

Surick's attorneys requested he be given 12 months' supervised release.

Neither pre-sentencing report explained a much-quoted statement made from Surick to co-defendant Thoroughbred trainer Michael Tannuzzo in intercepted conversation regarding Navarro:

“You know how many f—ing horses he (Navarro) f—ing killed and broke down that I made disappear,” Surick told Tannuzzo. “You know how much trouble he could get in … if they found out … the six horses we killed?”

Sentencing will take place at U.S. District Court's Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, N.Y.

PIGLAND

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #1 on: January 13, 2023, 10:08:03 PM »
is it possible the light sentence was paid for?

LUCPARK

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #2 on: January 13, 2023, 10:08:56 PM »
Next Thursday

I say 24 months

Must serve 12 at a resort
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Brown jug

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #3 on: January 13, 2023, 10:35:36 PM »
he lied about events
he gave investigators the run around when they inspected his farm
he proved to be useless to the prosecutors
why the prosecutors would ask for less jail time is unclear to me
anything less than 36 months of real jail time would be a joke

COUNSELOR

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #4 on: January 14, 2023, 12:52:17 AM »
THE REDACTED VERSION IS VERY INTERESTING AS MANY NAMES WERE INCLUDED THAT HAVE NOT BEEN INDICTED AS PER PROSECUTORS.  THE DISCREPENCY IN SENTENCE COULD LEAD TO AN APPEAL AND I BELEIVE THE JUDGE WOULD PERMIT THE APPEAL WITHIN 10 DAYS.  PROBATION RECOMMENDED 72 MONTHS.  PROSECUTORS ARE TRYING TO AVOID AN APPEAL DUE TO DISCREPENCY IN THE SENTENCES IF DEFENDANT WAS SENTENCED TO 30 YARS AS PER GUIDELINES.

NOT SURE WHO MADE THE STATEMENT THAT THIS DEFENDANT WOULD SPEND 12 MONTHS IN A "RESORT!"   WITH ALL DUE RESPECT YOU ARE VERY INCORRECT AS THERE ARE NO RESORTS IN THE FEDERAL PRISION SYSTEM.  ZERO.   UNLESS YOU HAVE SEEN THESE CAMPS IN PERSON AND SLEPT ONE NIGHT THERE---PLEASE NEVER CALL THESE "RESORTS" AS THEY ARE NOT.  MANY SERIOUS FELONS HAVE WORKED THEIR WAY DOWN TO A CAMP OVER 15 OR 20 YEARS IN THE PEN.  TRULY, THERE IS NO LONGER ANY PLACE CALLED "CLUB FED!'

PRISON IS PRISON FOLKS AND TRUTHFULLY THIS WILL TRULY BE A TRUE TEST OF MENTAL AND PHYSICAL SURVIVAL WHETHER IT IS 1 YEAR OR 72 MONTHS.   EITHER WAY---YOUR LIFE ENDS FOR YEARS AND THEN THE REBUILDING OF YOUR LIFE IF IT CAN BE REBUILT.

THIS IS A VERY FAIR AND EDUCATED JUDGE.   THE DEFENDANT IS VERY LUCKY TO HAVE THIS JUDGE.   

THE JUDGE HAS THE FINAL SAY IN THIS----GUESTS MAY SPEAK UP AT SENTENCING.   IT DEPENDS A LOT IF ANYONE DOES SHOW UP.

MY EXPERIENCE WILL CONFIRM THAT THE JUDGE WILL TRULY READ THE PSR AND BE CLOSE TO THE RECOMMENDATION OF THE PROBATION PSR REPORT.

THEREFORE, IT IS LIKELY THAT THE SENTENCE WILL BE 48 TO 72 MONTHS AND WITH TODAYS FORST STEP ACT WHICH CREDITS THE PRISONER 15 DAYS OF GOOD TIME CREDIT FOR EVERY 30 DAYS SERVED AS LONG AS THERE IS NO VIOLATION WHILE INCARCERATED---THE ACCUSSED COULD SERVE 50% OF THE SENTENCE AND THEN BE RELEASED TO HOME CONFINEMENT.   SO GUESS A 48 TO 72 MONTH SENTENCE----HE WOULD SERVE 24 TO 36 MONTHS OR 50% AND THEN HAVE ONE YEAR OF SUPERVISED RELEASE.

PLEASE FOLKS---THERE IS NO SUCH THING AS A "RESORT" IN PRISON.   NONE.   YOU ARE MISINFORMED IF YOU TRULY BELIEVE THAT---IT IS DEFINITELY BETTER THAT HIGH SECURITY OR HIGHER LEVELS OF INCARCERATION ----BUT, THESE FOLKS ARE SUFFERING LIKE YOU WOULD NEVER BELIEVE!!!!

THIS IS NOT TV!!!!!  THESE FOLKS ARE GOING TO REAL PRISON WITH REAL CRIMINALS THAT HAVE DONE UNIMAGINABLE THINGS TO GET THERE!!!!

The Exporter

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #5 on: January 14, 2023, 08:07:33 AM »
Nicky Shower Shoes must have given the Feds something that satisfied his burden of cooperation. I understand his credibility as a witness was compromised when he lied to agents. But, they must have got cooperation outside of those cases. Either way, Mrs. Surick's little boy will soon need to become a man. Let a wack job inmate get wind of how he killed horses, he might get a ride on the baloney pony. Yea, there will plenty of water sports at the resort, Club Fed.

Bernie Madoff

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #6 on: January 14, 2023, 08:30:30 AM »
The camp counselor is shoveling shit again.

A View from White Collar Prison
After dropping below ten years remaining on his sentence, former Wall Street lawyer Matthew Kluger was transferred to the FCI Morgantown Camp in Morgantown, West Virginia.

“Here, no one is big and tough,” Kluger said. Calling the Satellite Prison Camp “Camp Cupcake,” he explained, “These are people who have no interest in losing their ability to be in a place that looks this nice and has no fence.”

In contemplating the level of violence at this minimum security prison, he explained that he had seen a few fights but that they were “more like middle school fights” with a few lazy swings and very little blood.

Kluger also made an interesting observation about the white-collar prison staff. He felt the staff in his former low-security federal prison were individuals who had taken their shot at the FBI or other government agencies but failed when they didn’t make the cut.

However, the staff was nearly all from the local area in the camp. The camp jobs were better when compared to other choices, so the prison staff had a very different attitude.
He who laughs last, laughs best.

Superfecta

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #7 on: January 14, 2023, 08:41:12 AM »
The camp counselor is shoveling shit again.

A View from White Collar Prison
After dropping below ten years remaining on his sentence, former Wall Street lawyer Matthew Kluger was transferred to the FCI Morgantown Camp in Morgantown, West Virginia.

“Here, no one is big and tough,” Kluger said. Calling the Satellite Prison Camp “Camp Cupcake,” he explained, “These are people who have no interest in losing their ability to be in a place that looks this nice and has no fence.”

In contemplating the level of violence at this minimum security prison, he explained that he had seen a few fights but that they were “more like middle school fights” with a few lazy swings and very little blood.

Kluger also made an interesting observation about the white-collar prison staff. He felt the staff in his former low-security federal prison were individuals who had taken their shot at the FBI or other government agencies but failed when they didn’t make the cut.

However, the staff was nearly all from the local area in the camp. The camp jobs were better when compared to other choices, so the prison staff had a very different attitude.

Good Stuff. 2 weeks in to 2023 and you are already ahead of Calhoun.   ngc3 ngc3 ngc3 ngc3 ngc3 ngc3

bond

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #8 on: January 14, 2023, 09:10:54 AM »
is it possible the light sentence was paid for?
How else can you explain a light sentence if you:
1. Lied to the FBI
2.helped kill and dispose of 6 or more horses.
3.Gave a horse EPO-which in itself can get you barred for life.
4.Sold non FDA approved drugs and also used them on his horses
5.Ratted on your friends.
6.bought horses while under indictment.
This POS deserves 30 years-and when he gets out-have a restraining order not to be within a mile of any Horse Racing Activity.
After seeing Surick perform all these nefarious acts--the man insnt sorry--he will just carry on -cloak and dagger stuff when he gets out.

The Exporter

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #9 on: January 14, 2023, 09:15:56 AM »
When you are strip searched and have nothing but your attitude and wits, given a bed roll and some old military pants and shirt and some personal hygiene products and escorted to you new bunk, you will realize wow, I am in prison.
 You will be housed in a dorm with every walk or slivering level of society. You will new guy and everyone will size you up for how they can exploit or use you.
 You will shower with these same criminals as well as sleep and eat as a unit. You will be told when to wake up , when and what to eat. You will need to find your value in this cage of predators. What are you going to do when the big dude demands $100 a month in his commissary account for protection? What will you do when he demands you do his laundry? What are you going to do when the fat bastard in the lower bunk is either jerking off or snoring like a Mack truck all night?
 If anyone thinks this shit does not happen in a Camp Prison, is delusional. Camps are loaded with hard prisoners on the short side of the bid. Most will behave as not to risk losing the privilege's and sent back to a higher level of security. But, don't think for a second there are not scumbags waiting for fresh meat.
 Make no mistake, a Camp is a Prison.

Brown jug

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #10 on: January 14, 2023, 01:50:42 PM »
as it should be

Calhoun

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #11 on: January 14, 2023, 02:57:19 PM »
Good Stuff. 2 weeks in to 2023 and you are already ahead of Calhoun.   ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
I bow to Bernie.  Doesn't everyone?

jupiter

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #12 on: January 14, 2023, 03:07:36 PM »
Hope he gets 5 yrs. Anybody that knows the POS will try to be a big shot. Look at him, they aren't going to buy it, they fuck him up and he tries to escape. Gets caught and he gets more time. Seems like a good ending for him.

Brown jug

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #13 on: January 14, 2023, 03:26:39 PM »
enough of the "white collar "crime bullshit,
i will bet some of those clients who madoff destroyed their lives wish they were dead or maybe did kill themselves
gee i didnt murder anyone
well he did murder horses
he did take livelihood from other trainers and owners
crimes a crime
do the time

Hush Limbaugh II

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Re: Prosecutors Request Reduced Prison Sentence For Surick
« Reply #14 on: January 14, 2023, 04:26:41 PM »
Lets use some whoresmen's BS that they use when they say "look at all the jobs" harness racing provides.

So look at all the lives that were destroyed and dreams that never had a chance, because of the drug scandal.

Same lying cock suckers they are  11.wp 11.wp 11.wp 11.wp 11.wp 11.wp 11.wp 11.wp 11.wp 11.wp
If YOU would "HUSH" up, YOU just might know WhatzzzzZ UP !!!!!!!!!!!!!!!!!

 

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