Weekly Rulings: March 22-27

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

Among this most recent set of rulings, trainer Robert Fiesman was suspended seven days and fined $1,000 for his second positive finding for phenylbutazone since HISA's anti-doping and medication control program (ADMC) went into effect.

Phenylbutazone is a Class C controlled medication under HISA. A second Class C offense within a 2-year period comes with a maximum 15-day suspension and $1,000 fine.

Jonathan Maldonado has similarly been suspended seven days and fined $1,000 after his trainee, Kapadokya, tested positive for the Class B controlled medication, capsaicin, after winning at Laurel Park on Feb. 10. Capsaicin is a topical analgesic.

NEW HISA/HIWU STEWARDS RULINGS

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

Resolution Date: 03/26/2024
Licensee: Riley Tucker Mott, 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, Brian. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/26/2024
Licensee: Sally Rivera, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Stormy Joe on 2/13/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/26/2024
Licensee: Robert Fiesman, trainer
Penalty: 7-day period of Ineligibility, beginning on March 27, 2024; 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 $1,000; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Zipsy Rose Lee, who finished second at Mahoning Valley on 2/6/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/25/2024
Licensee: Jonathan Maldonado, trainer
Penalty: 7-day period of Ineligibility, beginning on March 26, 2024; 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 $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Capsaicin—Controlled Medication (Class B)—in a sample taken from Kapadokya, who won at Laurel Park on 02/10/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/21/2024
Licensee: Derek Ryan, 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 by HIWU.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Charging Aero, who finished second at Tampa Bay on 01/06/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 03/08/2024
Licensee: John Servis, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Chance Occurrence. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 03/08/2024
Licensee: Jeremiah Englehart, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dolce Veloce. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/08/2024
Licensee: Javier Duarte, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Albuterol by inhilation—Controlled Medication (Class C)—in a sample taken from Shanghai Mike on 2/8/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/26/2024
Licensee: Miguel Rodriguez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the potential breach of Rule 4221—Alkalinization or use/administration of an Alkalinizing Agent (TCO2)—on Ipsum Gratus, who finished eighth at Penn National on 2/26/2024. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

Date: 02/24/2024
Licensee: Bernell Rhone, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Fury Cap, who finished third at Tampa Bay on 2/24/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

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Lawyers Available for HISA Covered Person Pro Bono Program

A trio of law firms will now be available to provide pro-bono legal representation to eligible recipients under the Horseracing Integrity and Safety Authority (HISA)'s newly established program. The program, open to covered persons who fall below a certain income threshold and are alleged to have violated HISA's Anti-Doping and Medication Control (ADMC) Program, will match recipients with volunteer attorneys who have agreed to provide legal services without any expectation of compensation.

The participating lawyers include Howard Jacobs, Jackson Kelly's Equine Group, and Wyatt Tarrant & Combs, LLP.

“We are pleased to participate in HISA's Covered Person Pro Bono Program, so that those who truly cannot afford a lawyer can have access to the same depth of experience and zealous representation that we provide to all of our non pro bono clients,” said Howard Jacobs, international sports law attorney specializing in disciplinary cases involving anti-doping and other disputes. “As a result of HISA's Covered Person Pro Bono Program, we hope that no covered person will feel that they simply cannot afford to defend themselves against a potentially life-changing charge.”

Jay Ingle, Chair of Jackson Kelly's Equine Group, said, “Jackson Kelly is always glad to help support the industries we serve. We quickly said yes when asked to participate in this program and donate our legal services and expertise, and hope that our contributions will help the sport and the horsemen and women in it.”

Craig Robertson, Partner-In-Charge, Lexington Office of Wyatt Tarrant & Combs, LLP, said, “The Wyatt firm is honored to be part of the HISA Covered Person Pro Bono Program to support those in need of legal assistance and to help promote the health and well-being of Thoroughbred racing and the equine industry as a whole.”

If the Horseracing Integrity and Welfare Unit (HIWU) has alleged that a covered person committed an ADMC Rule Violation, and the covered person has an annual household adjusted gross income of $75,000 or less and no significant liquid assets, the covered person will be eligible for free legal services from a volunteer attorney and limited reimbursement of out-of-pocket expenses incurred by the volunteer attorney.

“I am incredibly proud to be launching this free legal services initiative, the first of its kind in American sport,” said HISA CEO Lisa Lazarus. “Providing all Covered Persons with the tools to properly defend themselves in these cases is critical to ensuring integrity in our ADMC program adjudication procedures. We don't want the cost of legal services to ever be a barrier to pursuing a rigorous defense. I'm grateful to the reputable law firms and experienced attorneys who have already agreed to participate, and I look forward to expanding their ranks.”

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Foreman to Donate Ombudsman Salary to TAA

Alan Foreman, the recently appointed ombudsman on behalf of HISA's rules with a primary focus on the Anti-Doping and Medication Control (ADMC) Program, will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance (TAA), according to a press release from the Horse Racing Integrity and Safety Authority.

Foreman is a leading racing law and equine attorney in the U.S. with expertise in medication, drug testing, equine safety and welfare. He is counsel to many horsemen's and racing industry organizations and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority.

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Greg Ferraro Q&A, Part II: HISA Rollout “Inconsistent and Uneven”

After Sunday's announcement that The Stronach Group (TSG) will close at the end of the year its flagship Northern California racetrack, Golden Gate Fields, the company at the helm of the sale has gone silent, ignoring all of TDN's requests for comment this week.

To bring much-needed illumination on this seismic decision, the TDN spoke Thursday morning with Greg Ferraro, the California Horse Racing Board (CHRB) chairman.

Among several points raised, Ferraro shared his thoughts on the need for a fixed hub of racing in Northern California to secure the long-term viability of the state's racing industry, and for necessary renovations of Santa Anita's backstretch accommodation as a condition of licensure at the track.

Ferraro also expressed concern that TSG has not fully considered the potentially stark ramifications from Golden Gate's closure on the rest of the state's stakeholders, including the breeders, owners, trainers and other licensees.

“I have the feeling–I don't know–but I have the feeling since The Stronach Group hasn't put anything out there yet, that perhaps they don't have their plans fully developed,” Ferraro said.

Read part one of the interview here.

The CHRB chair, however, didn't just speak on Golden Gate Fields. Ferraro also shared his thoughts and concerns surrounding the ongoing rollout of the Horseracing Integrity and Safety Act (HISA)'s Anti-Doping and Medication Control (ADMC) program.

Part two of this interview has been lightly edited for brevity and clarity.

TDN: Let's shift gears and move on to the ongoing rollout of HISA's Anti-Doping and Medication Control program. Very broadly, how would you assess the job they've done so far?

GF: I would say it's inconsistent and uneven.

Their rules are somewhat complicated for people. Sometimes they haven't made things completely clear. But their application of the rules and their disciplinary actions have been uneven and inconsistent.

What the basic plan is, is to make a major cultural change in the way racing operates. And in order to do that, you have to have some trust within the industry. I don't think their initial steps have built any sense of trust. So going forward, the industry's a little reticent, let's put it that way.

TDN: What specifics can you point to when you say, 'inconsistent and uneven'?

GF: The incident with the joint injections where some trainers were fine and others weren't. Some horses were disqualified and others weren't. They withheld the names of violating trainers for a long time. Nineteen trainers.

Then there's the inconsistency in the enforcement of this provisional suspension [in the event of a positive for a banned substance]. That's been quite a concern to trainers because a trainer could be put out of business with basically no warning, the way they are going about it.

From a California point of view, we're always quite concerned about due process. [Trainer Ray] Handal is a perfect example. They suspended him. Then, once they looked into it, they found out it was contamination in the feed. It's happened before. The mill runs the cattle feed before they run the horse feed, and the horse feed is contaminated.

So here, this guy is knocked out of business for [nearly] a week, traumatized financially and emotionally, and then it's reversed.

[Note: Read more on the Handal situation here.]

Instead, if they had they just notified the trainer, investigated for a few days and had a hearing before [potentially] suspending somebody, it seems to me that's a fairer way to go. I think most of the trainers in California are used to that kind of system, and that's their feeling as well.

TDN: What you're saying is the current system of an automatic provisional suspension after a positive for a banned substance needs to be eliminated or modified?

GF: Yes. Given the American jurisprudence system of innocence until proven guilty and due process, I think it needs to be reorganized.

TDN: You mentioned joint injections. In California prior to HISA, the intra-articular corticosteroid fetlock injection rule mandated a 30-day stand down period prior to racing, and all intra-articular corticosteroid joint injections had a 10-day stand down before workouts. HISA's intra-articular joint injection rule requires a 14-day stand down before racing and a seven-day stand down before workouts. Do these weaker intra-articular joint injection rules concern you?

GF: Yes, that's a concern to us. It's a step backwards for California. We noticed once we put that rule in place in California, we dropped the musculoskeletal breakdowns dramatically. So, we think it's important.

We tried to get HISA to go along with [California's rules], but they wouldn't. We're still in discussions with them about it. We've cooperated a lot with HISA and we've been supportive of them. And I don't want to come across as being negative of HISA. But for California, you know, it's a bit of a step backward. It's a big expense. And we're not getting that much out of it because we've been ahead of the game nationally for quite some time now.

The corticosteroid issue is something they need to take another look at. Corticosteroids are not bad per se. But corticosteroids and high-speed works combined are not good at all.

Take any athlete that goes into training. Over time, their joint health degenerates. It's just part of what happens. You wear the surfaces down. You can't really slow that [process] down, but you can certainly speed it up. And one way to speed it up is to inject joints [with corticosteroids] in close proximity to high-speed works.

And so, what we've done in California–and what HISA needs to do–is impress upon the trainers that they need to discontinue this attitude of injecting to run or to work and look at corticosteroids as something that they use as a medical treatment combined with rest and other rehabilitative procedures.

Long-term, intra-articular corticosteroids should be eliminated completely from racing.

Santa Anita | Benoit

TDN: What argument does HISA give in pushing back against adopting California's stricter rules?

GF: You have to realize that much of the rest of the country had [weaker] rules [than California]. And so they say, 'we're getting so much pushback from the rest of the country that we can't do it.'

But what we've argued is to let California have its stricter rules and use us as a model. Then, at some point in time, you can go back to the rest of the country and say, 'well, California's had this rule in place and look what it's done. It's been beneficial. Why don't we adopt it nationwide?'

California is the point of the spear in terms of dealing with the public and the liability of horse racing. I think they should use us as a sort of leader in animal welfare and jockey welfare.

TDN: Do you think HISA's approach on this issue runs counter to their stated mandate of animal welfare and safety?

GF: Correct. What it takes is somebody with enough backbone to stand up to the pushback.

I mean, we got pushback in California, too. But we did what we thought was right and it's proven to be beneficial. Now, the horsemen look at us and say, 'well, we didn't like it in the beginning, but we realize it was worth the sacrifice.'

TDN: Are you worried California, after a sharp downward trend in equine fatalities in recent years, might now see an uptick in fatalities and injuries as a result?

GF: Absolutely. That's what our worry is.

TDN: Wow. Because of this, has the CHRB thought about the possibility of California opting out of HISA–at least until these fixes have been secured?

GF: No, we wouldn't do that. We're supportive of HISA overall. We think the concept of a standard rule nationwide is beneficial to the industry overall. These are growing pains. I think we're better off to work within [HISA]. Us pulling out is just not an option.

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