Attorney Alan Pincus Joins The TDN Writers’ Room To Discuss HIWU Suspensions

With the Horseracing Integrity and Welfare Unit (HIWU) issuing provisional suspensions in what seems like a rapid-fire manner, attorney Alan Pincus has been busy. He is representing trainer Mario Dominguez, who was hit with a provisional suspension after a horse he trained allegedly tested positive for cobalt, and has worked with trainer Jonathan Wong on his case. A Wong-trained horse allegedly tested positive for the banned substance Metformin.

Pincus joined the TDN Writers' Room podcast sponsored by Keeneland to discuss his cases and to express his views on what has transpired since HIWU took over drug testing and enforcement on May 22. Pincus, to put it mildly, is not a fan of what is going on. He was this week's Green Group Guest of the Week.

“The HISA regulations are written in a way that is truly evil,” Pincus said.

His complaints were many, starting with how violations of banned substances are dealt with by HISU. Once a positive has been determined for substances that are on the banned list, the trainer involved is immediately suspended. That takes place before a hearing can be held and before the results of a split sample are received.

“They give you very little chance to defend yourself,” Pincus said. “The worst part of it is that when you have a banned substance, they come to you. They give you a letter that says you have a positive for this drug. They tell you 'get out' and you're out that next day. What happens to a trainer who is told to get out? Their horses must be relocated to different trainers in different stalls. You lose your owners, you lose your horses, you lose your ability to make a living. In the case of Mr. Dominguez, he had a dozen horses. He was a small trainer working his way through and was doing okay. But like most trainers, he is living month to month. Now you've taken away his ability to make a living. You haven't charged him with anything, but he's dead. That's against due process.”

He continued: “He's yet to be charged with anything. They won't charge you until the split sample comes back. It's due momentarily. But his life has long since been over. He hasn't been charged with anything. What happens if the split sample comes back and it's under the level? What do they say? 'Oops, sorry that I destroyed your life.' The whole system is unconstitutional. It's based on the fact that you're guilty until proven innocent.”

Pincus also opined that there are substances on the banned substance list that don't belong there, that should be treated as relatively minor issues.

“Mac Robertson (who also received a provisional suspension from HIWU) got a positive for Regumate, another very low-level drug,” Pincus said. “It can't possibly be a banned substance. You're supposed to be looking for a Etorphine and EPO and things like that as banned substances. Not these things. It's ridiculous. You're going to see more, one a week. It's like Russian roulette out there. These guys, they're not cheaters. And besides the fact, you have very little chance under their system of winning. It has to stop.”

Pincus said the old way of doing things is preferable to a world under HIWU and the Horseracing Integrity and Safety Authority (HISA).

“They're not going to be able to do it better than the racing commissioners,” Pincus. “The racing commissions know about the game. They have experience in the game. The stewards are the most knowledgeable people in racing. Now we've gone and replaced them with a bunch of people who say things like, 'Let's change the whip to a popsicle stick with a piece of cotton on the end of it and look at some grainy films and see if that was a jockey winding up or he actually hit the horse.' It's stupid. The seventh whip strike is animal cruelty? Then what was the sixth whip strike, which is allowed?”

Elsewhere on the podcast, which is also sponsored by the Pennsylvania Horse Breeders Association, Kentucky Thoroughbred Owners and Breeders, WinStar Farm, Lane's End, XBTV.com andhttps://www.threechimneys.com/ West Point Thoroughbreds, the team of Bill Finley, Randy Moss and Zoe Cadman, jumped into the controversy surrounding the extension of Bob Baffert's ban by Churchill Downs. Moss predicted that Baffert would fight the extension in court and that, this time, he would prevail. The team also took a look back at the win by West Will Power (Bernardini) in the GI Stephen Foster S., run this year at Ellis Park, and the game victory by Fort Bragg (Tapit) in the GIII Dwyer S. Looking ahead at this weekend's action, Finley focused in on the GII Suburban S. at Belmont. A race with a long history and one won by some of the sport's all-time greats, the Suburban, Finley said, has turned into a second-tier race. He argued that there are too many races on the NYRA calendar for older dirt males and said the best solution would be to discontinue the Suburban, which, this year, drew only five horses.

Click here to watch the Writers' Room podcast or here for the audio-only version.

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Two Trainers, Jockey, Suspended After Searches at Parx

Parx-based trainers Miguel Penaloza and Cesareo Marquez and jockey Edwin Rivera have been summarily suspended by the Pennsylvania Racing Commission after recent investigations found the three to be in possession of contraband. The trainers were found to be in possession of hypodermic needles, syringes and injectable substances, while Rivera was caught with an electrical device.

According to a press release from the Organization of Racing Investigators, investigators from multiple jurisdictions assembled the week of Sept. 19 and conducted barn searches and stopped cars at the backstretch gates at all three of Pennsylvania's thoroughbred tracks. The effort was led by Jason Klouser, director of enforcement, Pennsylvania State Horse Racing Commission. The investigators came from Pennsylvania, Texas, California, Arizona, Florida and Kentucky.

The search at Parx that caught the three individuals took place on Sept. 23, the day before the running of the GI Pennsylvania Derby. The Organization of Racing Investigators dubbed the team sent to Parx the “Pennsylvania Derby Racing Integrity Team.”

“By establishing a strong presence, the Racing Integrity Teams at each site protected Thoroughbreds, ensuring that equine safety and integrity were the top priorities,” the press release read. “The investigations at Parx produced some important results, after sweeps at the gate and stable areas.”

According to the ruling posted on the Pennsylvania Racing Commission's website, a search of Penaloza's barn and tack room uncovered two loaded syringes and a needle. Under Pennsylvania rules, no person, except a commission veterinarian, racetrack veterinarian or veterinarian licensed by the commission, may possess or use a hypodermic needle, hypodermic syringe capable of accepting a needle and injectable substances of any kind, type or description on the licensed racetrack grounds, in that person's custody, control or possession.

Penaloza has been training since 2015 and has 172 winners from 1,360 starters for a winning rate of 13%. He is 15-for-107 on the year at Parx. He had a positive for dexamethosone during the 2021 Monmouth meet and received a 15-day suspension. That same year he had a positive for Methocarbamol at Parx and was fined $1,000.

According to the ruling, Marquez was found to be in possession of multiple loaded needles and syringes. Represented by attorney Alan Pincus, Marquez appeared at a hearing before the board of stewards on Sept. 26, where the ruling was affirmed.

Marquez is in his first year of training and is 3-for-73 on the year for a winning rate of 4%.

According to the commission's ruling, after his car was stopped at the backstretch gate, Rivera was found to be in possession of two electrical devices. A hearing for Rivera was held Sept. 26, but, according to the press release, he refused to testify. The press release also noted that under Horseracing Integrity and Safety Authority regulations a jockey found with an electrical device faces a ban of up to 10 years.

Rivera has been riding since 2007 and has 847 career winners. He has 42 winners on the year at Parx and is in tenth place in the standings.

According to its website, the Organization of Racing Investigators, Inc. is “comprised of professionals responsible for investigations associated with professional horse racing” and its members “are employed by government, police, and regulatory entities as well as private security firms and racetracks.” The description on the website continues: “ORI members actively investigate race fixing, horse doping, animal abuse, drug abuse, money laundering, cyber crime, fraud, conspiracy, and a host of other infractions of the laws and rules that govern professional horse racing and pari-mutuel activity. ORI members assist with the most expansive and aggressive drug testing program in professional sports, conduct background investigations, and cooperate with law enforcement agencies at all levels of government.”

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Mychel Sanchez, Suspended for Betting Against His Mounts, Returns at Delaware Park

Nearly five months after beginning a suspension for betting against his own mounts, jockey Mychel Sanchez returned to action Wednesday, riding in the second race at Delaware Park. Sanchez finished eighth aboard XY Lady (Sharp Azteca) in the race for 2-year-old maiden fillies. He is also listed on mounts on the Thursday, Friday and Saturday cards at Delaware.

Sanchez last rode Jan. 19 at Parx. Shortly after that, the Pennsylvania Racing Commission handed him a 60-day suspension after it was discovered that during a betting spree he made wagers on horses other than his own mounts on races at Parx and at Laurel. The Maryland Racing Commission also suspended Sanchez for 60 days, with the days running concurrently with the Pennsylvania suspension.

When the suspensions ended in March, Sanchez apparently had a difficult time finding a track that would allow him to ride. At the time, attorney Alan Pincus confirmed to the TDN that Parx officials would not accept entries where Sanchez was listed to ride. 1/ST Racing, which operates Laurel and Pimlico, announced that Sanchez had been banned indefinitely.

Sanchez's name first reappeared in the entries when he was listed on horses for the June 10 card at Delaware, but he was replaced on each of those mounts.

Calls and emails made Wednesday to Delaware Racing Commission Executive Director Sarah Crane went unanswered. Pincus did not return a phone call seeking to clarify Sanchez's status.

While admitting that his client had bet against himself, Pincus said that Sanchez had done so as an outlet to battle depression. He said that Sanchez, in all cases, tried to win, even when he had bet on another horse.

“It was clear he was giving his best effort,” Pincus said. “He was not fixing races. He won several of the races in which he bet against his horses. The horse paid $37 in one race, $27 in another. He was just doing something crazy that only a psychiatrist can explain.”

The TDN, through a Freedom of Information Law request, acquired the records of Sanchez's betting activity that were reviewed by the Pennsylvania Racing Commission. The betting log covers the period of Dec. 23 of last year through Jan. 3, during which time Sanchez placed 104 bets on his TVG account. From those 104, there were only six races in which he made significant bets against himself. Whether he was involved in a race or not, he was betting heavily. In one instance, he made a $2,000 win, place and show bet on a race at Laurel, betting on his mount, Johnny Sack (Mosler). He lost all $6,000 as Johnny Sack finished sixth.

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Suspension Is Up, But Parx Won’t Let Sanchez Ride

Mychel Sanchez's 60-day suspension for betting against himself is about to end, but that doesn't mean the jockey will be back in action any time soon. After being suspended for 60 days by the Pennsylvania Racing Commission, Sanchez is eligible to ride Tuesday, but Parx management did not allow trainers to name him on horses on Wednesday when entries were taken for next Tuesday's card.

“We tried to name him on horses for Tuesday after his suspension ends and they would not accept anyone naming him on a horse,” said Sanchez's attorney Alan Pincus.

Pincus added that he was not given any indication as to how long the ban from Parx would be in place.

Joe Wilson, Parx's chief operating officer, did not return a phone call Wednesday seeking comment and clarification.

Sanchez's status in Maryland is up in the air. After it was reported that Sanchez had placed bets against himself, The Stronach Group (TSG), which operates Laurel, announced that it would not allow Sanchez to ride at its tracks. Aidan Butler, TSG's chief operating answer, said via text that a final decision on Sanchez's status has yet to be reached. The first day Sanchez could possibly ride at Laurel is Mar. 25.

“No decision has been made yet,” Butler wrote. “I want my management to speak to him before any decision is made. It's a pretty serious deal.”

Sanchez was suspended in January after it was discovered that his recent betting activity, which included wagers of as much as $6,000 a race, included, during a brief period that started last December, at least six instances in which he bet on a horse going up against his own mount. The bets were placed in races at Parx and at Laurel and the racing commissions in both states suspended him for 60 days and ordered him to seek counseling for a gambling problem. The suspensions ran concurrently.

Ordinarily, a jockey would likely receive a suspension of well more than two months if caught betting against himself. But Pincus successfully argued that Sanchez was not trying to fix races and instead went on a gambling spree as a means to deal with his depression.

Pincus said that under Pennsylvania rules anyone barred at a track is entitled to a hearing, which he has requested.

“Obviously, Mychel is disappointed,” he said. “We went before two sets of impartial stewards [at Parx and at Laurel] who decided the penalty should be a total of two months. We trust their judgment. They are the only ones who have heard the actual facts of the case. We are eager to be able to explain the situation to the commission.”

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