MRC To Remove Testing Thresholds for Corticosteroids

Edited Press Release

The Maryland Racing Commission, upon the recommendation of its Equine Safety, Health and Welfare Advisory Committee, has approved a motion to modify a regulation on five corticosteroids to eliminate testing threshold levels and employ level of detection for the substances.

The MRC took the action at its Sept. 23 meeting at Laurel Park. The change will be filed with emergency status and there will be public comment period. Given the regulatory process involved in rule-making, it is anticipated the update regulation will be implemented Nov. 1.

The five corticosteroids are dexamethasone, prednisolone, betamethasone, isoflupredone and triamcinolone. The current 14-day stand-down period for intra-articular injections will remain in place under 2019 model rules approved by the Association of Racing Commissioners International and Racing Medication and Testing Consortium.

The Equine Health, Safety and Welfare Advisory Committee discussed the proposal at a Sept. 8 meeting as a result of several dexamethasone positives and reports the corticosteroid was being regularly administered by some veterinarians at 48 hours before a race at a lower dose rather than the RMTC-

recommended 72-hour withdrawal time at the regular dose.

The committee also recommended that Maryland regulators, in an effort to educate vets and trainers, provide information on how long corticosteroids can linger in a horse's system; advise against deviation from recommended administration times; and to point out potential risks to the racehorse.

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‘She Owes Us Nothing’: Cox Reflects On Monomoy Girl’s Career

Spendthrift Farm and trainer Brad Cox announced Wednesday afternoon the retirement of multiple champion mare Monomoy Girl. Cox reflected Thursday about Monomoy Girl and what she's meant to his career.

“She's simply a remarkable mare and has meant the world to my career,” Cox said. “She's given her owners a lot of joy throughout her career. We knew as a barn we weren't going to do anything with her if she wasn't 100 percent. It took us awhile to get her back last year. She's rewarded us in such a big way. She owes us nothing and will always be special to us. She was our first (Kentucky) Oaks winner and Breeders' Cup winner and a multiple champion. She matured a lot throughout her career. Going into the Breeders' Cup (in 2020) she trained with such a purpose each day. It was hard to imagine her works being better than when she was a 3-year-old but she was more aggressive in her training and really blossomed on the racetrack.”

Owned in partnership by My Racehorse Stable, Spendthrift Farm and Madaket Stables, Monomoy Girl – a sure-fire future Hall of Famer – retired Wednesday with $4,776,818 in career purse earnings with an outstanding record of 17-14-3-0.

The speedy daughter of Tapizar grew to stardom after starting her career a perfect 3-for-3. Following a neck defeat in the 2017 Golden Rod (G2), Monomoy Girl stormed to victory in five straight races including the 2018 Longines Kentucky Oaks (G1). She ended her 3-year-old campaign with one-length win in the Breeders' Cup Distaff (G1). At the end of the season, she was awarded the Eclipse Award for outstanding 3-year-old filly.

Monomoy Girl spent the next 18 months on the sidelines due to injury but returned for her 5-year-old campaign which included victories in the La Troienne (G1) and Breeders' Cup Distaff (G1). She was awarded the Eclipse Award for Older Dirt Female in 2020.

There were only two races Monomoy Girl didn't go off as the favorite: the 2017 Rags to Riches (3-1) and Kentucky Oaks (5-2).

Monomoy Girl raced at eight different racetracks and recorded victories on the dirt and turf. Jockey Florent Geroux was partnered with Monomoy Girl for 16 starts. Marcelino Pedroza rode her to victory in her debut at Indiana Grand.

Monomoy Girl was purchased at the 2016 Keeneland September Yearling Sale by BSW Bloodstock and agent Liz Crow for $100,000. Crow reflected Wednesday on social media about the career of Monomoy Girl.

“(She) was the mare of a lifetime,” Crow said. “There is truly no way to thank her for what she's done for everyone involved. Monomoy Girl brought people together and changed lives.”

Cox stated Monomoy Girl will be retired to Spendthrift Farm.

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U.S. Solicitor General Urges Supreme Court To Review Murray Rojas Conviction

The United States solicitor general on Sept. 17 filed a brief recommending that the U.S. Supreme Court review the case of Thoroughbred trainer Murray Rojas, who was convicted in June 2017 on multiple charges of drug misbranding, that the judgment by the Court of Appeals to affirm the conviction be vacated and the case remanded to the trial court for further proceedings.

The brief was filed by Brian H. Fletcher, acting solicitor general of the United States; Brian M. Boynton, acting assistant U.S. attorney general and two attorneys from the U.S. Department of Justice.

The recommendation that the Supreme Court review the case was made on the basis that the trial judge in U.S. District Court for the Middle District of Pennsylvania and the Court of Appeals for the Third Circuit erred in their definition of misbranding in both the jury instructions for the Rojas trial and in the appellate decision.

Rojas was sentenced to 27 months in federal prison after a jury convicted her on 13 counts of misbranding animal prescription drugs and one count of conspiracy to misbrand. She was found not guilty on six counts of wire fraud and one count of conspiracy to commit wire fraud. Rojas received a stay on the sentence while the case was being appealed. The case was part of an FBI investigation into corruption and illegal drugging of horses at Penn National racetrack in Grantville, Pa. A number of trainers, veterinarians and racing officials pleaded guilty to various offenses. The case against Rojas is the only one that went to trial.

Robert E. Goldman, attorney for Rojas, said the “government confessed an error” in how prosecutors, the District Court judge and the Court of Appeals interpreted the Federal Food, Drug and Cosmetic Act (FDCA), a 1938 law that gives authority to the U.S. Food and Drug Administration to oversee the safety of food, drugs and cosmetics.

Judge Sylvia H. Rambo denied Goldman's request for jury instructions to differentiate between “administering” and “dispensing” of drugs under the FDCA, and the Court of Appeals affirmed her denial.

According to the brief filed by the office of the solicitor general, “The government now acknowledges that a veterinarian who personally injects a drug into an animal under her direct care in the course of her professional practice, without first issuing a written or oral order (i.e., prescription), has not engaged in misbranding under the FDCA.

“The FDCA permits a covered animal drug to be 'dispensed only by or upon the lawful written or oral order of a licensed veterinarian in the course of the veterinarian's professional practice,'” the brief states. “If the drug is dispensed in that manner, misbranding does not occur. The plain text of that provision indicates that an animal drug may lawfully be dispensed via two different methods: either 'by a licensed veterinarian in the course of the veterinarian's professional practice' or 'upon the lawful written or oral order of a licensed veterinarian in the course of the veterinarian's professional practice. Therefore, if a veterinarian follows the first method and personally dispenses a covered animal drug in the course of the veterinarian's professional practice, no written or oral order is required.”

The jury instructions from Rambo “permitted the jury to find that the government carried its burden of proof on the third element solely by showing that the veterinarians injected covered animal drugs into petitioner's horses with a written or oral order, and without the jury considering whether the drugs were injected 'in the course of the veterinarian's professional practice,” the brief states.

Rojas was accused of having veterinarians administer medications to horses within 24 hours of a race and then falsify the dates of the treatments in violation of state racing regulations. A fellow trainer and one of the veterinarians who pleaded guilty in the case said the practice was commonplace.

The petition by Rojas was supported by the Cato Institute, a Washington, D.C., public policy foundation created by billionaire libertarian Charles Koch, as well as by the American Conservative Union Foundation, which among other things hosts the annual Conservative Political Action Conference (CPAC). Their brief focused on what it said was “a particularly egregious example of an increasingly common and distressing phenomenon – the aggressive federal criminal prosecution of conduct that historically has been left to state and local regulatory enforcement.”

The solicitor general determines the cases for which Supreme Court review will be sought by the federal government and provides oral arguments before the Court. The recommendation for review will be moot if the Supreme Court opts not to review the case or return it to District Court for reconsideration with the amended definition for misbranding. According to a government website for the federal court system, the Supreme Court “accepts 100-150 of the more than 7,000 cases that it is asked to review each year.”

Goldman, the attorney for Rojas, said the solicitor general's brief “is not a complete victory yet, but is going in the right direction” for his client.

Solicitor General brief

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As Arlington Closes, Hawthorne To Shoulder ’22 Dual-Breed Dates Burden

Under the shadow of Arlington Park potentially going dark forever after Sept. 25, the Illinois Racing Board (IRB) on Thursday unanimously approved a 2022 race dates package that shifts the burden of hosting all Thoroughbred and Standardbred racing in the Chicago area to Hawthorne Race Course.

And while horsemen's groups for both breeds expressed gratitude for Hawthorne stepping up to implement a crammed-and-jammed, year-long race calendar that will be unprecedented in Illinois racing, representatives of the Illinois Thoroughbred Horsemen's Association (ITHA) said during the Sept. 23 meeting that the new arrangement isn't a viable long-term solution.

“Right now, on the Thoroughbred side, we're going to be going from 120 race days this year to 76 next year,” said David McCaffrey, the ITHA's executive director. “You always are reluctant to say we're at rock bottom because it maybe can get worse. But a second track in Chicago is so important for both breeds.

“And with Arlington's absence next year, we're seeing the importance of that second track play out. Because both breeds are having to share Hawthorne,” McCaffrey continued. “Hawthorne's having to turn their track [composition] over four times. One breed's going to be there for three months. Another breed's going to be kicked out for three months [for racing and training]. And then it's going to start all over again the latter part of the year. The importance of a two-track system in northern Illinois cannot be overstated.”

Half a century ago, greater Chicago had five competing tracks sharing Thoroughbred and Standardbred meets. Washington Park closed in 1977. Sportsman's Park briefly switched to auto racing in 2003 before being demolished. Maywood Park and Balmoral Park both shuttered in 2015.

In February of this year, Churchill Downs, Inc. (CDI), Arlington's corporate owner, announced an industry-devastating intention to close and sell Arlington. Although at least one known bidder in the sales process has stated an intention to keep Arlington alive for Thoroughbred racing, CDI long ago telegraphed its intention to sell the property for “non-horse racing” purposes, ostensibly so a new owner won't be able to compete with CDI's existing and proposed Chicago casinos.

On Thursday, for the fifth consecutive IRB meeting since CDI declared that Arlington would be snuffed out, nine of the 10 commissioners continued to maintain an astounding silence about the prospect of losing the state's most opulent and historic Thoroughbred venue.

The lone exception, once again, was commissioner Alan Henry, who, as he has at past IRB meetings, spoke passionately for about five minutes on what the loss of Arlington means for the sport in Illinois.

“I will tell you, frankly, that it dismays me to have to vote in favor of the 2022 racing dates that were reluctantly put before us today,” Henry said. “I'm well aware that it was the least-bad option. I also know that if this becomes the new normal in Illinois, we're on the road to the suffocation of an entire industry.

“The fault for this calendar, most of it, belongs to CDI. Their decision to permanently close Arlington Park, then to not apply for 2022 racing as a placeholder–even while one of the groups still alive in the bidding process wants to keep the track open–

has been a masterwork of corporate single-mindedness.”

Henry implored fellow commissioners to remember CDI's harmful actions if and when the gaming corporation ever comes before the IRB again to try and make a pitch for another racing license for a different track. He described CDI's decision to abandon Arlington as “a brutal clear-cut for the entire sport.”

Henry also urged fellow commissioners to “get in font” of another near-term problem involving CDI that he sees looming on the horizon: even after Arlington closes, it will still be generating revenue from advance-deposit wagering and off-track betting until Dec. 31. Normally, the portion of that revenue that goes to bolster the ITHA purse account would simply carry over into the next calendar year.

“But because there's no racing at Arlington next year, this issue now is what happens to that money, which is estimated to be about $800,000,” Henry said.

“I believe CDI should be brought in, under oath if need be, to confirm that they will live up to their obligation to deliver those funds to the [horsemen's purse account] in a timely fashion,” Henry said. “To insist on anything less would be a mistake, particularly given CDI's occasional talk about building a new track elsewhere in the state in some future year where it might say they would use those funds.”

ITHA president Michael Campbell tried to put a positive spin on the near-term deal to race at Hawthorne. But he added that the racing community can't ignore the bigger picture.

“We're excited about the [Hawthorne] racino being finally built out. It's a dream come true, particularly given the fact that for 20 years we've worked on this,” Campbell said. “And of course, our deep disappointment is that Arlington chose–or CDI chose–not to take advantage of [building its own racino].

“So we'll move forward into the future. I wish I could be as optimistic as [Hawthorne officials are],” Campbell said. “You know, we've got a lot of circumstances to overcome, including a divided schedule, a shared racetrack, the inability to train part of the year…

“It's great to talk about the future,” Campbell summed up. “But having said that, when's it going to happen? What can we rely on? What can we tell these people that are breeding these horses? What can we tell the people that own these horses? Because now, with Arlington's demise–or supposed demise, anyway–where does that leave us?”

McCaffrey supplied some breeding statistics to hammer home Campbell's point, noting that 15 years ago, Illinois annually produced about 2,400 Thoroughbreds.

By 2019, McCaffrey said, that number had plummeted to 420.

“It's like an 85% decrease in the amount of foals being produced. And the reason is that there's such a murky future, and has been for 20 years,” McCaffrey said.

Thoroughbreds in 2022 will race at Hawthorne between Apr. 2 and 30 on a two-day weekly schedule (Saturdays and Sundays). Between May 1 and June 24, that schedule gets bumped up to three days by adding Fridays, plus a stand-alone Thursday card on June 23.

In the fall, Thoroughbreds will race at Hawthorne on the three-day Friday-Sunday schedule between Sept. 23 and Dec. 31 (Christmas Eve and Day both dark).

Around and in between that dates structure, Hawthorne will conduct seasonal winter/spring and summer harness meets totaling 75 dates.

FanDuel Sportsbook and Horse Racing (known for 95 years as Fairmount Park before a corporate rebranding this year), is some 350 miles southwest of Chicago and is not considered part of the state's northern circuit. It will race 61 programs in 2022 between Apr. 19 and Sept. 24. The weekly schedule will be Tuesdays and Saturdays until June 12, with Fridays added thereafter.

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