Weekly Stewards and Commissions Rulings: Nov 7-13

Coady

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Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, trainer Natalia Lynch has been handed down a combined four-year suspension by an arbitrator, and a combined $55,000 in fines and arbitration costs.

Lynch had faced sanctions for two separate issues. One was for the possession of banned thyroid drug, Levothyroxine. The other was a positive test for another banned substance, Altrenogest—a synthetic progestin used in horses for the purpose of suppressing estrus—from Lynch-trainee, Motion to Strike.

Lynch's attorney told the TDN Monday that the trainer plans to appeal the arbitration result to a Federal Trade Commission administrative law judge.

An interesting wrinkle in the case is how in a series of proposed rule changes now headed out for public comment, HISA is seeking to alter the status of Altrenogest from a substance banned at all times to a controlled substance, permitted for use within certain criteria. Controlled substance positive findings are significantly leaner than those for banned substances.

Also this past week, trainer David Reid has been banned four months and fined $4,125 after his trainee, Maligator, tested positive for the banned substance, Venlafaxine. The case was resolved without a merits hearing.

Reid had previously provided proof to the Horseracing Integrity and Safety Unit (HIWU) that his assistant of over 30 years had been prescribed Venlafaxine for 15 years.

The Horseracing Integrity and Welfare Unit (HIWU) established “by a balance of probability” that Maligator's positive finding was brought about by consuming hay contaminated as a result of the assistant relieving herself in the horse's stall.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the HIWU's “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 10/20/2023

Licensee: Antonio Sano, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Il Miracolo. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 9/08/2023

Licensee: Clarence King, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision of the internal adjudication panel (IAP).

Explainer: For the presence of Dimethylsulfoxide—Controlled Medications (Class C)—in a sample taken from Indirectly. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/15/2023

Licensee: Jeffrey Crozier, 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 decision of the IAP.

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Orb of the Boro, who won at Belterra Park on 8/15/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023

Licensee: Ruben Gomez, trainer

Penalty: 7-day period of Ineligibility, beginning on November 2, 2023; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Blue Cloud. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/29/2023

Licensee: Kevin Fletcher, trainer

Penalty: 7-day period of Ineligibility, beginning on November 4, 2023; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Explainer: For the presence of Caffeine—Controlled Medications (Class B)—in a sample taken from Ruby Layne. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023

Licensee: Angel Castillo Sanchez, trainer

Penalty: 18-month period of Ineligibility, beginning on October 12, 2023; At least a 60-day period of Ineligibility for Covered Horse beginning on August 28, 2023 and subject to a Negative Finding in a Re-Entry Test; 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 $12,500. Admission.

Explainer: For the presence of Metformin—a banned substance—in a sample taken from Pylon who won at Delaware Park on 8/3/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/20/2023

Licensee: Natalia Lynch, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 20, 2025; a fine of $25,000; payment of $2,500 of arbitration costs. Final decision of arbitral body.

Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Date: 07/20/2023

Licensee: Natalia Lynch, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 20, 2025; a fine of $25,000; payment of $2,500 of arbitration costs. Final decision of arbitral body.

Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Read more on Lynch's case here.

Date: 06/25/2023

Licensee: David Reid, trainer

Penalty: 4-month period of Ineligibility, beginning on September 11, 2023; 60-day period of Ineligibility for Covered Horse, beginning on July 20, 2023 (which has already been served); Disqualification of Covered Horse's Race results from 06/25/23 and 07/16/23, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $4,125. Final decision by HIWU.

Explainer: For the presence of Venlafaxine—a banned substance—in a sample taken from Maligator, who won at Hawthorne on 6/25/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/24/2023

Licensee: Natalia Lynch, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 20, 2023; 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 $25,000; payment of $2,500 of arbitration. Final decision of arbitral body.

Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Motion to Strike, who finished fourth at Monmouth Park on 6/24/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Pending ADMC Violations

Date: 10/06/2023

Licensee: Luis Mendez, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Big Celebration, who finished third at Santa Anita on 10/6/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/06/2023

Licensee: Carlos Martin, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Flunixin and Aminocaproic Acid—both Controlled Medications (Class C)—in a sample taken from Billy Price. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/05/2023

Licensee: Glenroy Brown, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Phenylbutazone and Omeprazole—both Controlled Medications (Class C)—in a sample taken from Moester. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/05/2023

Licensee: Marcus Vitali, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Betamethasone—Controlled Medications (Class B)—in a sample taken from Yankee Dollar, who won at Prairie Meadows on 10/25/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/20/2023

Licensee: Dr. Margaret Smyth, veterinarian

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the possible possession of Sarapin and Levothyroxine (Thyro-L). This is a possible violation of Rule 3214(a)—Possession of Banned Substances.

Date: 09/14/2023

Licensee: Kari Craddock, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Connors Outlaw, who finished second at Remington Park on 09/14/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/13/2023

Licensee: Melvin Ovando, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from I Love Maria, who finished second at Delaware Park on 09/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/04/2023

Licensee: Gerald Brooks, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Gabapentin—Controlled Medication (Class B)—in a sample taken from Breezy Connection, who finished second at Timonium on 09/04/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule

One important note: HISA's whip use limit is restricted to six strikes during a race.

Del Mar

Abdul Alsagoor – violation date Nov 11; $250 fine, one-day suspension, 7 strikes

Horseshoe Indianapolis

Andres Patricio Ulloa – violation date Nov 7; $250 fine, one-day suspension

McKenna Anderson – violation date Nov 7; $250 fine, one-day suspension

Parx Racing

Tyrone Carter – violation date Nov 7; $250 fine, one-day suspension

Yabriel Omar Ramos – violation date Nov 8; $250 fine, one-day suspension

OTHER KEY RULINGS 

The TDN also 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.

California

Track: Del Mar

Date: 11/10/2023

Licensee: Mario Gutierrez, jockey

Penalty: $500 fine

Violation: Use of whip resulted in breaking the skin

Explainer: Jockey Mario Gutierrez, who rode Aloha Kitten in the fourth race at Los Alamitos Race Course on September 15, 2023 is fined $500 for violation of California Horse Racing Board #1688 (Use of Riding Crop-causing a break in the skin)

New York

Track: Aqueduct

Date: 11/08/2023

Licensee: Nancy Vutz, racing official

Penalty: $1,000 fine

Violation:  Lasix administration error

Explainer: Racing official Dr. Nancy Vutz is hereby fined the sum of $1,000 dollars for failing to conduct business in a proper manner necessitating a scratch in the 1st race at Aqueduct Racetrack on October 26th 2023.

 

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