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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 : 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 359 West Park Lane Clifton Heights, PA 19018 215-259-9906 December 16. 1989 Catholic Youth Or. 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 exhibitions throughout the United States and around . 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 . 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).

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