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GJ:SFO:st F. #9201488 tvgxlist.OOl - 7/12/94 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
- -X UNITED STATES OF AMERICA GOVERNMENT'S EXHIBIT LIST ~1.ri!"E- "- against - \ 93 CR 1276(S 2) (JM) VINCENT K. McMAHON AND TITAN SPORTS, INC., d/b/a "World Wrestling Federation," Defendants. ------X GOVERNMENT'S LI$T OF EXHIBITS
EXHIBIT DESCRIPTION WITNESS NOTES
f~yjll-- Titan Office Memorandum from Vince McMahon - 1/25/91 (TS062447)
(9 ?/IV Government Exhibit #1, with attachments (TS062473)
2 Titan Office Memorandum from Linda McMahon 12/1/89
1 11 #rI{~:e ()I1t?'A~ EV-PATTERSON 7/11194 8 / 12/1/89
71f~ WWF Letter and a Treasurer's \ .. 3 . o Check for $650.00 (TS 1,000,001) n C01 , Titan Check #30452 for $650.00
G7/1~ Corp Ledger showing check for $650. DH:SFO:st F. #9201488 United 5'tates Attornev MISHLER.LTR Eastern District ofNew York
225 Codll/on Plow EllS!
Brooklyn, NclV YiJrk 11201 April 11, 1994
Honorable Jacob Mishler, Sr. Un States Distr Judge Eastern District of New York 2 Uniondale Avenue Uniondale, New York 11553
Re: united States v. McMahon, et al.
Dear Judge Mishler:
Enclosed is our response to defendants' motions.
Additionally, we enclose a confidential interoffice memorandum of defendant Titan Sports (TS 062372) which, after a long delay, the defendants produced in response to grand jury process in redacted form. We also enclose a November 3, 1989 letter (TS 062351) and notes (TS 062354) which were also produced in redacted form. We have been given to understand that the documents were redacted on a claim of attorney-client privilege. We move that the Court order defendants to produce the original documents to the Court in an unredacted form for the Court's ~n camera review in order to determine the legitimacy of the documents' redactions.
Respectfully submitted, /? ZACHARY .•/CARrrER / UNI'I'EDV TAT~d.'~ By: -t!tvt~.· ~' -:::sc-r-r-·-::;f:-.--'-OC::-:'-:S~h-~7a / -.:::::. -- . 9 ief, Business/Securities Fraud
ENCLOSURES cc: Jerry McDevitt, Esq. Michael Armstrong, Esq. Laura A. Brevetti, Esq. CONFIDENTIAL INTEROFFICE MEMORANDUM
'1'0 : Pat Patterson Linda McMahon December 1, 1989
RE:
REDACTED
Although you and I discussed before about continuing to have Z at our events as the doctor on call, I think that now not a good , would you to call Zahorian to tell him not to come to any more of our events and to also clue him in on any action that the . Justice Department i.s thinking of taking. On December 26th the State Athletic Commission is having a small meet and session with Borne of our talent, and I would definitely not want Zahorian there.
touch me and I'll 1 details to you.
~ GOVERNMENT ,; EXHIBIT i Z-
TS 062372
III ~ GOVERNMENT i EXHIBIT of to- A I November 3 1989 WORLD :STUNG .RATION~ Mr, Vincent Guest illmer Street Box 3857 Acting utive Secretary CT 06905 Pennsylvania State Athletic Commission 3528600 3528699 302 North Office Building nTANSTM Harrisburg. PA 17120 Dear Mr. Guest: During the month of December. WWF wrestling will be held at the following places at the dates and times indicated and attended by the doctors listed below: December 16. 1989 S~ectrum Dr. Claude DeMarco Philadelphia 359 West Park Lane Clifton Heights, PA 19018 215-259-9906 December 16. 1989 Catholic Youth Or. Walter Newman Center 116 Hanover Street Scranton Wilkesbarre. PA 18702 717-825-5601 .~1J~ December 26. 1989 Hersheypark Dr T. Zahori an Hershey 845 Sir Thom~ Court - Suite 4 Harrisburg, PA 17109 "I 0 717-652-8112,/ J / 1', ) II . ,t.."!/(/ :' .I "\. V~( ~ Sincerely, (.r,. qJf:%t~t;j'j~"/.7 YMarg{retJ( Sharkey Contract Administrator
REDACTED
TS 062351 REDACTED
TS 062354 u.s. Departme f Justice
United States Attorney DH:SFO:st E.astern District (?l New York F. # 9201488 -.GGUNSEb.-LT-R------
United SIiJ/es Cmrthol/sf' 225 Cadman Plaza East Brooklyn, New Y!,rk 1I201
March 30, 1994
Michael Armstrong, Esq. -19th Floor 1 Rockefeller Plaza New York, New York 10020 2195
Jerry McDevitt, Esq. Kirkpatrick & Lockhart 1500 Oliver Building Pittsburgh, Pennsylvania 15222-5379
Laura A. Brevetti, Esq. 230 Park Avenue, suite 625 New York, New York 10169
Re: united states v. McMahon, et al. Criminal Docket No. 93 CR 1276{JM)
Dear Counsel:
Pursuant to the government's continuing discovery obligations, please find the results of the laboratory examination of the vial of steroids previously examined by you in my office.
Very truly yours,
RTER Attorney
By: S hief /Business/securities Fraud
ENCLOSURES cc: Clerk of the Court (Han. Jacob Mishler, Sr., U.S. District Judge) F.B.I CTU· 202·, 4633 Created' Wednesday, March 30,1994 3l 11 Page 1 of 1
I (Rev. 510·90)
N
Date: To: ADIC, New York March 30, 1994
FFlIFiIeNo. 196B~NY·_·234993
Lab No. 40329031 S TD
Reference: Commun ation dated March 29, 1994
Your No. 196B~NY-234993
Re VINCENT McMAHON dba WORLD WRESTLING FEDERATION (WWF); FBW; MF
001 New York
Specimet1'Heceived: March 29, 1994
Specimens: Ql Liquid in nandrolone decanoate vial
Results of examination:
The liquid in specimen Q1 contains nandrolone decanoate. The vial was received in a sealed condition.
Specimen Q1 will be returned to your office by regis·tered mail. I! OFFIOE '" ,ni PD. N.V: DH:SFO:st F. #9201488 '1'1'1'2 SUP. IND
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - -x UNITED STATES OF AMERICA SUP ER SED ING against Cr. No. VINCENT McMAHON, JR, and ('I'. 18, U.S.C., §§ 371, 2 TITAN SPORTS, INC" and 3551, ,e~.,g.; '1', 21, d/b/a "World Wrestling U.S.C., § 333(e)(1)) Federation,"
Defendants. -x
THE GRAND ~ruRY CHARGES:
1. From in or about 1984 until the date of the filing
of this indictment, the defendant VINCENT K. McMAHON, JR. has
been the Chief Executive Officer and sole owner of the defendant
TITAN SPOR'rS, INC. (hereinafter "'rI'I'AN").
2. At all times relevant to this indictment, TITAN, doing business as the "World Wrestling Federation" (hereinafter
"WWF"), opera"ted an entertainment. and sports business presenting professional wrestling exhibitions throughout the United States and around the world. WWF featured wrestling performers whose physiques were characterized by unusually large and well-defined muscles.
3. The United States Food and Drug Administration
(hereinafter "FDA") is the federal agency charged with the responsibility of protecting the health and safety of the 2
American public by ensuring that drugs are safe and effective
before they may be manufactured and dispensed. FDA is also
responsible for ensuring that approved drugs are manufactured and
stored under conditions designed to their sa and
effect s; that approved drugs are properly labeled to inform
the pUblic of medically approved usage; and that prescription
r ....",...',." because of the potential toxicity and harmful side~
effects, are distributed to individuals for use only when such use is supervised by a licensed medical practitioner acting within a legitimate doctor-patient relationship.
4. Anabolic, androgenic steroids (hereinafter
"steroids") are chemical der i vat_ives of testosterone , the male sex hormone. At all times relevant to this indictment, steroids have been classified as prescription drugs by the FDA.
5. certain athletes and body-builders determined that steroids can increase muscle development and can enhance athletic performance and physical appearance. However, the FDA has not approved the use of steroids to enhance athletic performance or physical appearance. Because of the legal limitations on access to steroids, various other sources developed which circumvented the regulatory controls enforced by the FDA, principally unlawful and unregulated sales of steroids by unauthorized distributors and licensed physicians who prescribed steroids for purposes other than the treatment of disease.
6. In 1988, in response to increased incidents of illega'l steroid distribution to athletes, Congress enacted 3 legislation specifically prohibiting the possession with intent to distribute, and the distribution of, steroids for any purpose other than the treatment of disease in humans.
7. George T. Zahorian, III, named herein as an unindicted co-conspirator, at all times relevant to this indictment was an osteopathic surgeon licensed in the state of Pennsylvania. Throughout the 1980s, Zahorian was assigned to attend WWF exhibitions in Pennsylvania by the Pennsylvania
Athletic Commission. Zahorian, with McMAHON's knowledge and approval, distributed steroids to wrestlers who performed at WWF sponsored exhibitions. 8. In 1989, the Pennsylvania Athletic Commission deregulated wrestling and no longer assigned Commission doctors to attend wrestling exhibitions, but only required the presence of a licensed physician to be paid by the promoter. Following this deregulation, in 1989 Zahorian appeared at a WWF exhibition and was paid by TITAN for his appearance. Later still in 1989,
TITAN engaged Zahorian to be the attending doctor at another WWF exhibition to be held in Hershey, Pennsylvania. Before the event took place, however, TITAN officials, including McMAHON, learned of a federal investigation into Zahorian's activities, warned him of the investigation, and prevented him from appearing at that exhibition and any future WWF exhibition. 4
COUN.T.- ONE (Conspiracy)
9. Paragraphs 1 through 8 of this indictment are hereby realleged and incorporated as if fully set forth herein.
10. From in or about 1985 until in or about February
1991, both dates being approximate and inclusive, within the
~astern District of New York and elsewhere, the defendants
VINCENT' K. McMAHON, JR. and 'I'ITAN SPORTS, INC., d/b/a "World
Wrestling Federation," together wit:h others including George T.
Zahorian, III, did knowingly and intentionally conspire to defraud the united States and to commit offenses against the united States, namely:
a. to defraud the united States, in particular,
the FDA, by impairing, impeding and defeating its
efforts to regulate and control the manufacture and distribution of steroids within the united States, in
violation of Title 18, united States Code, section 371;
b. to introduce and deliver for introduction
into interstate commerce, with the intent to defraud
and mislead, drugs that were misbranded within the
meaning of Title 21, united States Code, section 353(b)
in that the drugs were prescription drugs distributed
without a prescription, in violation of Title 21,
United States Code, sections 331(a) and 333(a) (2)
(formerly Title 21, united States Code, section
333(b)); 5
c. to cause, with intent to defraud and mislead, the misbranding of drugs within the meaning of Title
21, United states Code, section 353(b) while such drugs . were being held for sale after shipment in interstate
commerce, in that the drugs were prescription drugs
distributed without a prescription, in violation of
Title 21, United states Code, sections 331(k) and
333 (a) (2) (formerly 'l'itle 21, United states Code, section 333(b»; and d. to knowingly distribute and possess with
intent to distribute steroids for use in humans other than the treatment of a disease pursuant to the order
of a physician, in violation of Title 21, united states
Code, section 333 (e) (1). 11. An object of the conspiracy was unlawfully to
provide WWF wrestling performers with steroids to enhance their
size and musculature, and thereby to increase the ticket sales
for WWF exhibitions and the profits to TITAN and McMAHON.
12. In furtherance of the conspiracy and to effect the objects thereof, within the Eastern District of New York and elsewhere, the defendants TITAN and McMAHON and others committed the following:
OVERrLh~rs
a. On several occasions in or about and between
1985 and February 1991, Zahorian ordered, paid for and received shipments of steroids, including but not limited to Nandrolone 6
Decanoate (commonly known as "Deca") from a pharmaceutical
company located in Westbury and Rockville Centre, rJong Island, New York.
b. On several occasions in or about and between
1985 and February 1991, Zahorian distributed steroids to WWF
wrestling performers at exhibitions and via express delivery
shipments.
c. On several occasions in or about and between
1985 and February 1991, TITAN presented wrestling exhibitions at
the Nassau Veterans Memorial Coliseum in Uniondale, Long Island,
New York.
d. On several occasions in or about and between
March 1988 and October 1989, McMAHON ordered and caused to be
ordered Nandrolone Decanoate from Zahorian.
e. On several occasions in or about and between
March 1988 and October 1989, to evade the detection of these
transactions, McMAHON utilized TITAN funds or resources to cause
the purchase of bank checks which were then used to pay Zahorian
for shipments of Nandrolone Decanoate.
f. On several occasions in or about and between
March 1988 and October 1989, McMAHON distributed and caused to be
distributed Nandrolone Decanoate to a WWF performer known to the
Grand ,Jury.
g. During the period from in or about August
1989 to in or about November 1989, TITAN executives instructed an employee of TITAN known to the Grand Jury to hire Zahorian as the 7
attending doctor at a WWF exhibition to be held in Hershey,
Pennsylvan in December 1989.
h. On or about December 1, 1989, a TITAN
execut known to the Grand Jury sent a memorandum to another
TITAN execut known to the Grand Jury discussing the fact that
Zahor was under investigation and instructing the execut
(i) to ensure that Zahorian did not attend an upcoming TITAN
exhibition and (ii) to warn Zahorian of the existence of the
investigation.
i. In or about December 1989, McMAHON and a
TITAN executive known to the Grand Jury discussed informing
Zahorian that he was under investigation by law enforcement
authorities.
j. In or about December 1989, a TITAN executive
known to the Grand Jury had a telephone conversation with
Zahorian and directed him to destroy any records of Zahorian's
contact with WWF or WWF wrestling personnel.
k. In or about March 1990, McMAHON had a
conversation with a WWF performer known to the Grand Jury.
1. On or about January 25, 1991, McMAHON
instructed all WWF wrestlers using steroids to carry a
prescription for such steroids at all times.
m. In or about February 1991 McMAHON had a
conversation with an attorney about ownership of steroids found
in a hotel room and turned over to law enforcement authorities in
Maryland. 8
(Title 18, United states Code, Sections 371 and 3551
.~9JLN'I'_. 'rwQ (Possession with Intent To Distribute Anabolic steroids)
13. Paragraphs 1 through 8 of this indictment are
realleged and incorporated as if fully set forth herein.
14. On or about October 24, 1989, within the Eastern
oistr of New York and elsewhere, the defendant TITAN SPORTS,
INC., d/b/a "World Wrest.ling Federation," t.ogether with others
including George T. Zahorian, III, did knowingly and
intentionally possess with intent to distribute to Vincent K.
McMahon, Jr. a substance containing anabolic steroids for use in
humans other than for the treatment of disease pursuant to the
order of a physician.
(Title 18, United states Code, sections 2 and 3551
se.2.; 'ritle 21, United States Code, section 333 (e) (1)).
CQ.VE~'1LBB~ (Possession with Intent To Distribute Anabolic steroids)
15. Paragraphs 1 through 8 of this indictment are hereby realleged and incorporated as if fully set forth herein.
16. On or about October 24, 1989, within the Eastern
District of New York and elsewhere, the defendants VINCENT K.
McMAHON, ,JR. and TITAN SPORTS, INC., d/b/a "World Wrestling
Federation," together with others including George T. Zahorian,
III, did knowingly and intentionally possess with intent to distribute to a WWF performer known to the Grand Jury a substance 9
containing anabolic steroids for use in humans other than for the
treatment of disease pursuant to the order of a physician.
(Title 18, United states Code, sections 2 and 3551
§.J?Jl.; Title 21, united states Code, section 333(e) (1».
COUNT,- FOUE (Possession with Intent To Distribute Anabolic steroids) 17. Paragraphs 1 through 8 of this indictment are hereby realleged and incorporated as if fully set forth herein.
18. On or about April 13, 1989, within the Eastern
District of New York and elsewhere, the defendant TITAN SPORTS,
INC., d/b/a "World Wrestling Federation," together wit:h others including George T. Zahorian, III, did knowingly and intentionally possess with intent to distribute to Vincent K.
McMahon, Jr. a substance containing anabolic steroids for use in humans other than for the treatment of disease pursuant to the order of a physician.
(Title 18, United States Code, sections 2 and 3551 seq.; Title 21, United States Code, section 333(e) (1» .
.Q_OUNT FIVE (Possession With Intent To Distribute Anabolic steroids)
19. Paragraphs 1 through 8 of this indictment are hereby realleged and incorporated as if fully set forth herein.
20. On or about April 13, 1989, within the Eastern
District of New York and elsewhere, the defendants VINCENT K.
McMAH<;)N, JR. and TITAN SPORTS, INC., d/b/a "World Wrestling
Federation," together with others including George T. Zahorian, 10
III, did knowingly and intentionally possess with intent to distribute to a WWF performer known to the Grand Jury a substance
containing anabolic steroids for use in humans other than for the
treatment of disease pursuant to the order of a physician.
(Title 18, united states Code, sections 2 and 3551
.§~.; Title 21, United states Code, section 333(e) (1)).
A 'I'RUE BILL ~~2 ,~ ~REPERSONC:J-~ ~
ZACHARY W. CARTER UNITED STATES ATTORNEY EASTERN DISTRICT OF NEW YORK
BY: / ~V~ t>/ k~ AC NG UNITED STATES ATTORNEY PURSUANT TO 28_ C... J.r- R.,.() 'I .~'"'I!
We turn to an interoffice memorandum dated December 1,
1989, from Linda McMahon to Pat Patterson, and a letter
dated November 3, 1989, from Margaret Z. Sharkey to Mr. Vincent Guest, Acting Executive Secretary of the Pennsylvania State Athletic Commission.
Defendants' claim of privilege to the memorandum of
December 1, 1989, is to that portion that refers to
information Mrs. McMahon received from an officer of the Pennsylvania State Department at a fund-raising function where he advised one Jack Krill, a member of a law firm
representing defendants, "that his office would be conducting these investigations." We find the redacted portion is not privileged.
In United States v. Suarez, 820 F.2d 1158, 1160 (11th
cir.) (citations omitted), cert .. dellied, 484 U.S. 987, 108 S. ct. 505 (1987), the court stated:
[T]he privilege is not a favored evidentiary concept in the law since it serves to obscure the truth, and it should be construed as narrowly as is consistent with its purpose. [A]t a point where the attorney-client communications are no longer confidential, i.e., when there has been a disclosure of a privileged communication, there is no justification for retaining the privilege (citations omitted).
-22-
P-049
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