By T. D. Thornton
Ramon Preciado, the Pennsylvania trainer who has been at or near the top of the Parx training standings for the past seven years, is currently embattled in a legal whirlwind of sanctions for past clenbuterol positives, penalty and suspension appeals, a racetrack ejection, and a federal lawsuit that he filed in April seeking damages from officials who allegedly violated his constitutional rights and “destroyed” his business.
And three weeks ago, Preciado's attorney, Alan Pincus, told the TDN it was likely that additional positive drug tests for clenbuterol were forthcoming, citing an alleged conspiracy to smear the trainer's reputation by a disgruntled former employee who Preciado claims dosed the horses without his knowledge.
On Tuesday, Pincus's troubling predication about the additional clenbuterol positives came true when the Pennsylvania State Horse Racing Commission (PHRC) revealed six Parx stewards' rulings dated May 17-22 demanding the forfeiture of purse money and disqualifications of Preciado-trained horses. All six entrants were winners of their respective races in March and April, then subsequently tested positive for the Class 3 drug, which is a bronchodilator known to have steroidal properties.
The Paulick Report first broke the news of Preciado's latest positives Tuesday. TDN later obtained copies of the rulings via the Pennsylvania Department of Agriculture, the agency to which all PHRC media requests get funneled.
“Please note, these rulings are not an indication of guilt or innocence for any matter yet to be heard by the stewards or on appeal to the commission or Commonwealth Court,” Brandi Hunter-Davenport, the agriculture department's communications director, wrote in an email.
The purse forfeitures for Preciado's horses and the redistribution of monies to other entrants are “pending period of appeal” according to each of the rulings. No penalties or sanctions against Preciado were levied in this latest batch of rulings.
Over the past few months, Preciado has been fined and suspended by both the Delaware Racing Commission (21 days) and PHRC (270 days) for a series of clenbuterol positives that occurred in 2015. Preciado's appeal of the Delaware suspensions did not result in the penalties being overturned; the overages that occurred at Parx are currently under appeal.
On Apr. 15, Parx served Preciado with a formal ejection notice for a period of three years, citing his history of equine drug overages and a “pattern of conduct…not in the best interest of racing.”
On Apr. 18, Preciado was granted an appeal of that ejection from Parx by the PHRC. But the next day he was still barred from entering horses by Sam Elliott, the Parx director of racing.
On Apr. 20, Preciado requested that Walter Remmert, the executive secretary of the PHRC, order Parx to accept his entries in light of the pending ejection appeal hearing. But Remmert allegedly declined to order Parx to take his entries because “refusal to accept entries is not part of the ejection.”
So on Apr. 26, Preciado sued both Elliott and Remmert in United States District Court, Middle District of Pennsylvania, seeking a temporary restraining order, a declarative judgment on his banishment, and unspecified monetary and punitive damages. Three days later, Parx management backed off from excluding Preciado's horses, and he has since been able to enter races.
Pincus said on Apr. 29 that he would continue to seek the damages outlined in the lawsuit, and that there was an ongoing investigation by the PHRC into the “disgruntled employee” matter.
TDN promptly queried the PHRC to confirm whether or not it was looking into any alleged sabotage. One week later, May 6, Hunter-Davenport wrote in an email that “the Commission does not comment on the alleged or potential existence of an investigation. Therefore, we can neither confirm nor deny” if the conspiracy theory is actively being explored.
Last week, both Elliott and Remmert filed separate motions with the court to have Preciado's lawsuit against them dismissed.
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