Racetracks Not Due $25 Million Restitution in Horse Doping Case

A veterinarian who developed and sold undetectable performance enhancing drugs for racehorses shouldn’t have been ordered to pay racetracks $25.9 million in restitution, the Second Circuit said.

The $25.9 million figure was based on the amount of money one of veteranarian Seth Fishman’s co-conspirators, horse trainer Jorge Navarro, said he won in races with doped horses.

The racetracks would have had to pay the prize money to some victor, doping or no doping, so they didn’t suffer any actual financial loss, the appeals court said vacating and remanding the matter. The analysis would be different if the racetracks were acting ...