Controlled Substances

FTC Rules Serpe Cannot Now Introduce New Evidence in 18-Month Old Clenbuterol Case

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) for a clenbuterol positive in one of his trainees, on Wednesday was notified by the FTC that his legal team would not be allowed to have new evidence considered in his nearly 18-month-old case. Serpe's suspension stems from clenbuterol detected in the urine of Fast Kimmie (Oscar Performance) after her Aug. 10, 2024 victory in a $30,000 claiming...

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Judge Denies Injunction to Serpe a Second Time, but Adds 'Race is Far from Over' in Trainer's Lawsuit Against HISA and FTC

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) appeal level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) over a contested clenbuterol positive in one of his trainees at Saratoga Race Course in 2024, on Thursday had the judge in his lawsuit deny a request for a preliminary injunction for the second time in five months. In explaining his decision, the judge in charge of the case, David Leibowitz of United States District Court (Southern...

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Day After FTC Judge Issues Criticisms Of HISA And HIWU In Serpe Case, FTC Orders Halt To Re-Imposed Fine

The latest twist in the legal odyssey involving Phil Serpe and the agencies that regulate racing at the federal level was made public late on Tuesday, when the Federal Trade Commission (FTC) issued an order staying the issuance of a $25,000 fine that had been imposed against the veteran Thoroughbred trainer barely one day earlier by an administrative law judge (ALJ). That ALJ, Jay Himes, had been assigned by the FTC itself to adjudicate Serpe's FTC-level appeal of banned-substance charges. In addition to re-imposing the fine that the Horseracing Integrity...

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Weekly National Regulatory Rulings, Apr. 24-30

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country. The following rulings were reported on HISA's "rulings" portal and through the Horseracing Integrity and Welfare Unit's (HIWU) "pending" and "resolved" cases portals. Resolved ADMC Violations Date: 04/30/2025 Licensee: Candalario Villamar, trainer Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final...

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Alan Foreman Q and A Part 2: Legal Representation “A Very Heavy Lift for Most Horsemen”

Though officials within the Horseracing Integrity and Safety Act (HISA) Authority have already made huge strides forward in terms of across-the-board equine safety standards, one ongoing concern among stakeholders is that when it comes to the enforcement arm of the national program, an inflexibility in the way some cases are handled and sanctions meted out means the penalties don't always fit the crime. To discuss these concerns, the TDN recently spoke with Alan Foreman, chief executive officer of the Thoroughbred Horsemen's Association and national ombudsman on behalf of HISA and...

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Keystone Integrity Teams Sweep Presque Isle To Parx

Uncovering loaded needles and syringes to apprehending an assistant starter who was in possession of a controlled substance, seasoned integrity teams conducted searches and seizures last week across a pair of Keystone State racetracks. Led by the Pennsylvania State Horse Racing Commission staff, the sweeps took place first in Erie at Presque Isle Downs before spending three days downstate at Parx Racing in Bensalem through Saturday's GI Pennsylvania Derby. As part of their integrity program, the Commission once again put together a group of investigators--this time from nine states, plus...

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Weekly Stewards And Commissions Rulings, Aug. 8-14

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky. Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where. The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country. California Track: Del Mar Date: 08/10/2023 Licensee: Brian Koriner Penalty: $1,000 fine...

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Horseracing Integrity And Welfare Q&A: Denali Stud's Craig Bandoroff

The Horseracing Integrity & Welfare Unit (HIWU) provided this Q&A with questions submitted by Craig Bandoroff of Denali Stud. Although I've read explanations and have had people try to explain it to me I still don't understand why we test to such a small level.  As I understand it a picogram is one-trillionth of a gram.  How can that have any affect on a 1200-lb horse?  Why do we test to such a small level?  Are we using the ARCI recommended guidelines? It is important to remember that a picogram...

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RMTC Completes Analysis Of HISA Withdrawal Guidance

The Racing Medication and Testing Consortium's Scientific Advisory Committee has now completed its analysis of HISA's proposed ADMC screening limits and detection times and has developed a withdrawal guidance limited to RMTC's schedule of Controlled Therapeutic Substances. This withdrawal guidance is based on existing research and administration data. The complete withdrawal guidance, which is subject to change, can be found here. The intention is for the RMTC to provide the industry with scientifically derived information to aid attending veterinarians and horsemen in making medication decisions and to avoid preventable errors,...

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