An arbitrator has made a final decision in the case of New York-based veterinarian Dr. Luis Jorge Perez, charged with possession of the banned substances levothyroxine on June 9, 2023. Perez will serve a 14-month period of ineligibility and pay a $5,000 fine, according to the case resolution published this week on the public disclosures section of the website for the Horseracing Integrity & Welfare Unit (HIWU), the enforcement arm of the Horseracing Integrity and Safety Authority (HISA).
The arbitrator's report reveals that New York Racing Association (“NYRA”) investigator Tony Patricola attended Perez' two trailers in the Veterinarian's Village on June 9, following a phone call from Fire Marshal Joseph McSweeney. Patricola found a “disarray of garbage and medical waste” throughout the trailers, and noticed two one-pound tubs of Thyro-L, leading the investigator to call in Naushaun Richards, the Director of Intelligence and Strategy for HIWU.
Reportedly, Perez had attended a seminar on HIWU at Belmont Park on March 21, during which Dr. Mary Scollay, Chief of Science for HIWU, presented on the ADMC Program. Scollay's presentation clearly discloses, among other things, that Thyro-L (thyroxine) would be banned. Perez admitted that he did not clean out his trailer following HIWU seminar, which established sufficient negligence to preclude the arbitrator from finding “No Fault or Negligence” in this case.
However, a statement made by Scollay at those seminars “could lead veterinarians to reasonably believe that they could lawfully possess, administer, and carry Thyro-L if their practice included Non-Covered Horses, for use with Non-Covered Horses.” Perez' practice includes 30 stable ponies, considered Non-Covered Horses under HISA. Yet, Perez did not indicate that the Thyro-L was being used in that manner; instead, he claimed to have forgotten about the medication's presence in his trailer.
The arbitrator concluded that Perez retained some fault in this matter: “Dr. Perez, while objectively falling into the category of a veterinarian whose practice includes Non-Covered Horses at Belmont Park, did not rely on the Agency's statements, and possessed the Thyro-L because he had forgotten he had it in his trailer. After consideration of the above factors, the Arbitrator determines that Dr. Perez's objective level of fault falls in the moderate range, and that he should receive a reduction, due to the subjective factors, of three months in his level of fault, (moderate) from what normally would have been seventeen (17) months.”
In other news this week, HIWU has released a decision on the finding of omeprazole in a Chad Brown trainee after a vet's list workout. Brown received a written reprimand with no other penalty based on guidance issued by HISA on Sept. 26:
“Anti-ulcer medications are important for horse welfare, which HISA previously acknowledged by permitting the use of anti-ulcer medications up to 24 hours prior to Post-Time, as set forth in Rule 4212. This exception was approved on the basis of published research demonstrating that a horse could be at risk of developing ulcers more severe than those originally treated if the medications are withdrawn for more than 24 hours. Given that anti-ulcer medications are important for horse welfare and are not considered to have any impact on performance or fair competition, HISA has also determined that the penalties for Controlled Medication Rule Violations involving anti-ulcer medications need to be enforced differently.
“For the reasons set forth above, the Consequences pursuant to Rules 3323 and 3328 for Controlled Medication Rule Violations involving the Presence, Use or Attempted Use, or Administration or Attempted Administration of the following anti-ulcer medications (Cimetidine, Dexlansoprazole, Esomeprazole, Famotidine, Lansoprazole, Omeprazole, Pantoprazole, Rabeprazole, and Sucralfate) shall be enforced by HIWU in accordance with the sanction schedule set forth below against the Responsible Person of the Covered Horse and any other Covered Person implicated in or otherwise complicit in the violation (within a 2-year period):
- 1st violation: Reprimand
- 2nd violation: Fine of up to $500
- 3rd or subsequent violation: Period of Ineligibility of 15 days and a fine of up to $1000
“Penalty points: ½ point for the second and any subsequent violation.”
Other pending AMDC violations listed this week include two Ohio-based veterinarians have been provisionally suspended for carrying banned substances, including bisphosphonates, and a trainer over possession of the banned substance levothyroxine. Four new pending violations for controlled substances have been added to the HIWU website this week as well, including three for a Class B substance (which may carry a penalty of a seven-day suspension and $1,000 fine).
As a reminder: HIWU's regulations for vet's list workouts include stricter medication restrictions than those for horses completing routine timed workouts. Horses on the veterinarian's list are required to complete a recorded work before a veterinarian and undergo post-race drug testing to be taken off the list. Horses completing routine, non-vet's list workouts are prohibited from having analgesics, non-steroidal anti-inflammatories, corticosteroids, and local anesthetics in their system, but other therapeutic medications are permitted.
Last week's edition of the HIWU Weekly Update is available here, and all public disclosures can be found on the HIWU website.
New Case Resolutions
The following cases have recently been resolved by HIWU, either by admission and acceptance of consequences (AAC) or by final decision (FINAL).
Note: The accumulation of Penalty Points can lead to suspensions (6-7 points leads to a 30-day suspension).
- Dr. Luis Jorge Perez, DVM will serve a 14-month period of ineligibility and pay a $5,000 fine over possession of a banned substance (levothyroxine). (Final decision of Arbitral body)
- Trainer Chad Brown has been given a written reprimand over Forced Ranking testing positive for omeprazole after a vet's list work at Monmouth Park on July 7. (AAC)
- Trainer Jonathan Thomas has been fined $3,000 and assessed 3 Penalty Points over a violation of the intra-articular injection rule within seven days of a timed workout with Bay Storm (ruling date Sept. 1). (AAC)
- Trainer John Guciardo has been fined $1,000 and assessed 3 Penalty Points over Cuz testing positive for both dexamethasone and trichloromethiazide after winning a $5,000 claiming race at Presque Isle Downs on Aug. 17. The 5-year-old gelding has been disqualified with purse money ordered returned. (FINAL)
- Trainer Ismael Bahena has been fined $500 and assessed 1.5 Penalty Points over Yammy Yammy Bella testing positive for diclofenac after finishing second in a maiden special weight at Kentucky Downs on Sept. 7. The 2-year-old filly was disqualified with purse money ordered returned. (AAC)
- Trainer David Wayne Baker has been fined $500 and assessed 1.5 Penalty Points over Gerlach's testing positive for phenylbutazone after a vet's list workout at Golden Gate Fields on Aug. 28. (AAC)
- Trainer Sammy Stevens has been fined $500 and assessed 1.5 Penalty Points over Pandora Who testing positive for phenylbutazone after a vet's list workout at Ruidoso Downs on Aug. 25. (FINAL)
Pending Violations – Controlled Substances
The following cases include pending violations for controlled substances, those that are permitted for therapeutic purposes, but not on race days or during vet's list workouts (new cases in italics).
- Trainer Keith Desormeaux – Auto Dial tested positive for acepromazine after a vet's list workout at Churchill Downs on Sept. 16. (Class B)
- Trainer Carlos Mancilla – Cara in the City tested positive for gabapentin after finishing second in a maiden claiming race at Pimlico on Sept. 10. (Class B)
- Trainer Clarence King – Indirectly tested positive for dimethylsulfoxide after a vet's list workout at Parx Racing on Sept. 8. (Class C)
- Trainer Debbie Van Horne – You're the Cause tested positive for phenylbutazone after winning an allowance optional claimer at Emerald Downs on Sept. 3. (Class C)
- Trainer Mark Hibdon – D'wild Muffin tested positive for flunixin (banamine) after winning a $4,000 claiming race at Arapahoe Park on Aug. 27. (Class C)
- Trainer Randi Persaud – Jumpster tested positive for phenylbutazone after a vet's list workout at Saratoga on Aug. 20. (Class C)
- Trainer Reynaldo Yanez – violation of the intra-articular injection rule within seven days of a timed workout with Chapalu (ruling date Aug. 18).
- Trainer Robert Leaf, Jr. – Laddie Dance tested positive for phenylbutazone after winning a maiden special weight race at Delaware Park on Aug. 16. (Class C)
- Trainer Jeffrey Crozier – Orb of the Boro tested positive for phenylbutazone after winning a $5,000 claiming race at Belterra Park on Aug. 15. The horse was claimed out of this race; that claim may be voided under HISA rules. (Class C)
- Trainer Ron Moquett – Lundberg tested positive for acepromazine after a vet's list workout at Ellis Park on Aug. 12. (Class B)
- Trainer Joe Toye – Glimpse of Gold tested positive for dexamethasone after winning a maiden claiming race at Emerald Downs on Aug. 12. (Class C)
- Trainer Faustino Patino Lopez – Night to Remember tested positive for dexamethasone after finishing third and last in a maiden claiming race at Emerald Downs on Aug. 12. (Class C)
- Trainer Leslye Bouchard – violation of the intra-articular injection rule within seven days of a timed workout with Tomarie (ruling date Aug. 12).
- Trainer Rodolfo Sanchez-Salomon – Matty Bo tested positive for flunixin (banamine) after winning a maiden claiming race at Laurel Park on Aug. 5. (Class C)
- Trainer Jaime Cruz – Animal Princess tested positive for detomidine (large animal sedative) after finishing third in a $16,000 claiming race at Delaware Park on Aug. 4. (Class B)
- Trainer Philip Aristone – Field Letters tested positive for lamotrigine (an anticonvulsant which can be used to treat seizures and bipolar disorder) after winning a $4,000 claiming race at Penn National on Aug. 4. Field Letters was claimed out of this race by trainer Tito Moreno, and has since run twice more at Penn National. The claim may be voided under HISA rules. (Class B)
- Trainer Don Roberson – Secret Life Style tested positive for flunixin (banamine) after finishing seventh and last in a $2,500 claiming race at Emerald Downs on July 28. (Class C)
- Trainer Cassondra Weaver – Coyote Runner tested positive for acepromazine after a workout at Presque Isle Downs on July 20. (Class B)
- Trainer Jeffrey Englehart –
- Wait A Minute tested positive for acepromazine after a vet's list workout at Finger Lakes on July 18. (Class B)
- Mi Tres Por Ciento tested positive for methocarbamol after a vet's list workout at Finger Lakes on July 18. (Class C)
- Graywing tested positive for phenylbutazone after finishing fourth in an allowance race at Finger Lakes on July 17. (Class C)
- Trainer Jason DaCosta – Poker Partner tested positive for gabapentin after winning a maiden special weight race at Parx on July 18. (Class B)
- Trainer Candice Cryderman – Dontforgethesugar tested positive for methocarbamol after finishing third in a claiming race at Emerald Downs on July 7. (Class C)
- Trainer William Martin – Alkalinization or use of an alkalinizing agent (TCO2) on Wild Irish prior to his win in a claiming race at Presque Isle Downs on July 3.
- Trainer Jacqueline Falk – Gold Templar tested positive for methocarbamol after finishing second in a maiden special weight race at Finger Lakes on June 28. (Class C)
- Trainer Chris Hartman – Necker Island tested positive for acepromazine after winning the Mighty Beau Stakes at Ellis Park on June 18. (Class B)
Pending Violations – Provisional Suspensions For Banned Substances
The following cases include pending violations for banned substances, those that are not permitted in horses. New cases are listed in italics, and active suspensions have the trainer's name listed in bold.
Postponed suspensions, those for substances yet to be confirmed by split sample, are listed with an asterisk (*).
- Dr. Barbara Hippie – possession of banned substances bisphosphonate, pitcher plant extract (sarapin), levothyroxine, and isoxuprine (violation date Sept. 28)
- Dr. Scott Shell – possession of banned substances bisphosphonate; gamma aminobutyric acid (GABA), and isoxsuprine (violation date Sept. 28)
- Trainer Carl James Deville – Eurobeliever tested positive for the opioid tapentadol and barbiturate butalbital after being pulled up and vanned off in a $12,500 claiming race at Presque Isle Downs on Sept. 6. The 6-year-old gelding is provisionally suspended from racing.
- *Trainer Shane Meyers – Mugsy Malone, a 4-year-old gelding, tested positive for altrenogest after finishing third in an allowance race at Thistledown on Aug. 28. The gelding is provisionally suspended from racing.
- Trainer Daniel Kenney – possession of banned substances levothyroxine (violation date Aug. 25)
- *Trainer R. McLane Hendricks – Princess Javoncia tested positive for cocaine after winning an allowance race at Penn National on Aug. 16; the 6-year-old mare has not started since (as of Oct. 11) and remains provisionally suspended from racing.
- Trainer Michael Pappada
- Truckin Tommy tested positive for the opioid tapentadol after finishing sixth in a maiden claiming race at Presque Isle Downs on Aug. 8. The horse was vanned off after the race; he has not started since (as of Oct. 11).
- Runaway Harry, a gelding, tested positive for altrenogest after winning a starter allowance at Presque Isle Downs on Aug. 28; he has not started since (as of Oct. 11).
- *Trainer Michael Lauer – Mowins tested positive for metformin after finishing third in an allowance race at Horseshoe Indianapolis on Aug. 5. The 4-year-old gelding has since finished eighth in the Bucchero Handicap on Aug. 23, but has not started since (as of Oct. 11); he remains provisionally suspended from racing.
- *Trainer Angel J. Castillo Sanchez – Pylon tested positive for metformin after winning a $5,000 claiming race at Delaware Park on Aug. 3. The 5-year-old gelding finished finished fourth in a starter optional claimer at Delaware on Aug. 12, prior to the positive announcement; he has not started since (as of Oct. 11) and remains provisionally suspended from racing.
- Trainer Hector Palma – Baladi tested positive for methamphetamine after finishing fourth in a claiming race at Del Mar on July 30. The 4-year-old gelding has not started since that date (as of Oct. 11); he remains provisionally suspended from racing.
- Trainer Carlos Milian – Junglherly Love tested positive for hydrochlorothiazide (a diuretic). Horse had been running at Parx; ruling date of July 29 is reported to coincide with an out-of-competition test, per HIWU representatives. The 4-year-old gelding has not started since that date (as of Oct. 11).
- Trainer Randy Preston – Fly Home tested positive for methamphetamine after winning a maiden claiming race at Belterra Park on July 20. The 6-year-old gelding has not started since that date (as of Oct. 11); he remains provisionally suspended from racing.
- Trainer Jim Lewis – Hughie's Holiday tested positive for clenbuterol after winning a claiming race at Ruidoso Downs on July 8. The 5-year-old mare has not started since that date (as of Oct. 11); she remains provisionally suspended from racing.
- Trainer Ramon Rechy – Night Livin tested positive for methamphetamine after winning a claiming race at Horseshoe Indianapolis on July 7. The 3-year-old filly has not started since that date (as of Oct. 11); she remains provisionally suspended from racing.
- Trainer Natalia Lynch – possession of Levothyroxine, and a gelding in her care tested positive for altrenogest.
- Motion to Strike tested positive for altrenogest after the gelding finished fourth in a claiming race at Monmouth Park on June 24. A claim on the 5-year-old was voided; he has since finished third in a claiming race at Monmouth on July 14 (under the name of the claiming trainer, Silvino Ramirez). He was then a winner at Monmouth Park on Sept. 3 and finished second at Delaware Park on Oct. 6 for original owner Zilla Racing Stable and new trainer Robert Falcone, Jr.
- Trainer Bruno Tessore – Tenebris, a gelding, tested positive for altrenogest on July 18 (no races or workouts listed on that date by Equibase). The 5-year-old has raced twice since that date, finishing fourth in Tessore's name at Saratoga on Aug. 31, and most recently ran second in a starter allowance at Belmont at the Big A in the name of trainer Faith Wilson on Sept. 15.
- Trainer David Reid – Maligator tested positive for venlafaxine (an anti-depressant and nerve pain medication) after winning a claiming race at Hawthorne on June 25. The 8-year-old gelding has finished second in a claiming race at Hawthorne on July 16, but has not started since (as of Oct. 11).
- Trainer Javier Morzan – Lady Liv tested positive for metformin (a commonly used prescription drug that treats diabetes) after finishing third in a starter optional claiming race at Delaware Park on June 24. The 3-year-old filly has not started since (as of Oct. 11).
- Trainer Mary Pirone – Benny The Jet tested positive for altrenogest after the gelding finished fifth in a claiming race at Emerald Downs on June 24. He was claimed from that race and moved to the barn of trainer Jorge Rosales, and has since run three more times at Emerald, winning twice, and twice at Grants Pass Downs, winning once. Under HISA rules, the claim may be voided.
- Trainer Joseph Taylor – two runners have tested positive for both methylphenidate and clenbuterol
- Classy American finished second in a starter allowance at Parx on June 20. Classy American, though listed as provisionally suspended from racing by HIWU, has since run twice in West Virginia, under the same owner with Anthony Farrior listed as trainer. (West Virginia is not subject to HISA regulation due to ongoing legal disputes).
- Cajun Cousin finished second in a claiming race at Parx on June 18. The 4-year-old filly, though listed as provisionally suspended from racing by HIWU, has since won a claiming race at Parx on July 12, prior to the positive being called. Cajun Cousin was claimed out of that race, but the claim was voided under HISA rules. Cajun Cousin has since run twice at Charles Town in West Virginia, where HISA rules do not apply, under the same owner with Anthony Farrior listed as trainer.
- Trainer Donald H. Buckner – In the Midst tested positive for clenbuterol after finishing fifth in an allowance race at Thistledown on June 15. The 4-year-old gelding, though listed as provisionally suspended from racing by HIWU, has raced once at Mountaineer Park in West Virginia since the positive, finishing fifth on Aug. 9 (West Virginia is not subject to HISA regulation due to ongoing legal disputes).
- Trainer Guadalupe Munoz Elizondo – Quinton's Charmer tested positive for metformin, a medication commonly prescribed in humans for type 2 diabetes, on June 11, 2023 (the New Mexico Racing Commission's Izzy Trejo confirmed that the positive test was incurred after a work before the state veterinarian in an attempt to remove Quinton's Charmer from the vet's list). The 4-year-old gelding has not started since that date (as of Oct. 11); he remains provisionally suspended from racing.
- Munoz Elizondo is also a multiple graded stakes-winning Quarter Horse trainer. Since HISA/HIWU have no jurisdiction over Quarter Horse racing, Munoz Elizondo has still been able to train and race Quarter Horses in New Mexico. Trejo said that HISA gave guidance last year that jockeys suspended for whip violations on a Thoroughbred could ride in Quarter Horse races, so the NMRC has applied the same logic to a trainer with a HIWU suspension. Thus, Munoz Elizondo has been permitted to participate in Quarter Horse races. Trejo added that the commission is pushing for a state rule that will apply reciprocity at the NMRC level for HISA suspensions, but that isn't in place yet.
- Trainer Reed Saldana – Ice Queen tested positive for the vasodilator diisopropylamine after finishing third in a starter allowance at Santa Anita on June 16. The 5-year-old mare has not started since that date (as of Oct. 11); she remains provisionally suspended from racing.
- Trainer Jonathan Wong – Heaven and Earth tested positive for metformin after winning a maiden race at Horseshoe Indianapolis on June 1. The 3-year-old filly has not started since that date (as of Oct. 11).
Last week's edition of the HIWU Weekly Update is available here, and all public disclosures can be found on the HIWU website.
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