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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.
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