Letter to the Editor: ‘Absolute Insure Rule is a Farce’

I appreciated Bill Finley's conversation with Alan Foreman on TDN Writers' Room. Your question to him about trainers who are not guilty of cheating hit home for me. As a trainer who is dealing with this same issue prior to HISA in the state of Florida, I was hoping to make a brief comment.

The banned substances provisions are more complicated than they want it to be in an era where the testing has become so fine any trainer can get a banned substance positive at any time no matter what precautions and provisions have been implemented. Nanogram results can pick up any contamination that occurs in places that the trainer cannot protect the horse from. Inadvertent touching by anyone between the morning of the race up to and in the test barn can cause a positive. Receiving barns where horses are housed prior to racing are notorious for contamination (see testing at Charles Town).

This issue of “Testing” becoming so fine was not addressed in your conversation with Mr. Foreman. He and HISA still blame the trainers. Not their protocols. The trainer still spends many thousands of dollars defending themselves from something they cannot control. The absolute insure rule is a farce in this regard. No one at HISA wants to discuss this aspect of the problem.

Sincerely,
Donald L. Brown

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Given 22-Month Suspension From HIWU, Trainer Poole Calls Process A ‘Joke’

When two members of Gulfstream Park's security team and a veterinarian descended on his barn on the morning of June 2, the 62-year-old trainer Jeff Poole didn't think he had anything to worry about. According to the Jockey Club's Thoroughbred Regulatory Rulings website, Poole, who has been training since 1989, had never had a violation of any kind. And his recent record–he had won 11 races combined since 2021–hardly suggested that he was a trainer who was taking an edge.

Even when investigators found in his office a tube of Thyro-L, which is used with horses for the correction of conditions associated with low-circulating thyroid hormone, Poole wasn't that alarmed. He was given a prescription for the medication in September to use on a horse that was subsequently transferred to another trainer a month later. He says he had not used the drug on any horse since. At the time, it was perfectly legal to use the drug if a prescription had been obtained and in the states Poole raced in, Florida and Ohio, it was not illegal to possess the medication.

Then everything changed on May 22 when the Horseracing Integrity and Welfare Unit (HIWU) took over, handling the drug testing at most U.S. racetracks and levying the penalties for those who were found to have violated HIWU rules. Under the new Anti-Doping and Medication Control (ADMC) rules, the mere possession of Thyro-L was a serious violation as the drug had been designated a banned substance. Suspensions for banned substances carry suspensions of up to two years.

Jeff Poole was in a lot of trouble.

“I was totally unaware I had (Thyro-L),” he said. “I would have thrown it away. I wasn't even using it and they don't accuse me of using it. All they've accused me of is having it. It is not a performance-enhancing drug. This is a joke.”

Poole got the prescription for use on a horse named King Andres on Sept. 27, 2022 while the horse was training at Thistledown. After that race, he was transferred to the barn of trainer Randy Faulkner. The Thyro-L prescription was written by Dr. Scott Shell. In what may be nothing more than a coincidence, Shell was provisionally suspended by HIWU for being in possession of banned substances, none of which were Thyro-L.

From Thistledown, Poole shipped to Tampa Bay Downs and then to Gulfstream. He said that on each occasion his employees packed up everything that wasn't nailed down in his tack room and office, which included the tube of Thyro-L. While it should have been thrown away, it was simply forgotten and thrown in with the rest of Poole's belongings.

One thing Poole cannot do and has not tried to do is claim ignorance. He admits that on March 15, 2023, while at Tampa Bay Downs, he sat in on a presentation from HIWU Chief of Science Dr. Mary Scollay in which Scollay warned trainers that new rules were about to go into effect and that they needed to get rid of medications that were about to fall into the banned substance category. Thyro-L was specifically mentioned.

“I'm hitting myself over the head,” Poole said. “This is so stupid. I could have gotten rid of the stuff. I just didn't think about it. Too much else on my mind.”

Poole decided to fight, which led to having a hearing before an arbitrator that took place on July 26. That gave him plenty of time to think, beginning with why someone would have inspected his barn in the first place.

“They said someone tipped them off that it was in my office,” Poole said. “As far as I'm concerned, they must have sent a stool pigeon into my place. I never would have let anybody in my office who wasn't a friend. And if a friend saw it and knew what was going on, they would have said 'Jeff, get rid of that stuff. You're not allowed to have it anymore.'”

He's also followed other HIWU cases and claims a pattern is emerging whereby it seems that the majority of those who have been suspended are small-time trainers with limited resources. (Ironically, in his ruling, arbitrator Jeffrey Benz referred to Poole as a “high-level trainer of thoroughbred racehorses.”)

“(HISA CEO) Lisa Lazarus talks about how they're not trying to get rid of the little people but it looks to me like that's exactly what they're trying to do,” Poole said. “They gave me 22 months and I never had a bad drug test on a horse ever. They don't care about destroying a man's life when it's totally unnecessary. Horses are my life.”

Lazarus has had to respond to accusations that HISA is targeting small stables many times. When asked to comment on Poole's accusations she said “The ADMC program is completely unbiased” and referred to a letter to the editor she wrote to the TDN that addressed that issue.

During the first weeks of his suspension, Poole did nothing. He remained convinced that his side of the story would hit home with whomever was to decide his fate and that he would be exonerated. He was, of course, wrong.

“I thought this would all be straightened out,” he said. “I never dreamt they'd do this to me. I sat for months with no income. It got to the point where I couldn't keep doing it. I couldn't make a red cent. There was nothing but money going out.”

Once the arbitrator ruled against him, upheld the 22-month suspension plus a $10,000 fine and ordered Poole to pay $8,000 in arbitration costs, he knew he had to do something. While most trainers who have been provisionally suspended by HIWU have sat on the sidelines, Poole moved his stable to Mountaineer Park. HISA does not have jurisdiction over West Virginia racing. The same goes for Louisiana. So Poole is free to race in both states.

“West Virginia is not my home,” he said. “This is not where I want to be. My home is in Tampa, Florida. Every year I look forward to going home. After Mountaineer closes, my only option is to try to get stalls in Louisiana at the Fair Grounds. That's not a place I ever wanted to go to in my life, but it's either that or welcome to Walmart.”

Poole realizes he made mistakes. He was told by Scollay that Thyro-L was going to become a banned substance and that he needed to get rid of it if he had any in his barn. He ignored her warning. He also understands the trainer responsibility rule. No matter what he might think about the rules regarding Thyro-L, he was in possession of a banned substance and under the trainer responsibility rule he had set himself up for a penalty.

But what he can't understand is why he was suspended 22 months and fined $18,000 for what he considers to be a very minor offense.

“I expected to probably be fined for not discarding it,” he said. “But 22 months? If they think that's fair, that's beyond me. Officials, trainers, owners, everybody is telling me how unfair it was what they did to me. But I didn't see it coming. I don't think I deserve anything more than a possible fine.”

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HIWU Changes Enforcement of Provisional Suspensions And Public Disclosure Protocols For Select Banned Substances

Following discussions with HISA's ADMC Committee, HIWU will no longer impose Provisional Suspensions on Covered Persons upon the service of an Equine Anti-Doping Notice for an Adverse Analytical Finding (i.e., positive test result) for Banned Substances that are recognized as substances of abuse in humans, the unit said in a release Friday.

Examples that fall under this category include cocaine, methamphetamine, methylenedioxymethamphetamine (MDMA), and tetrahydrocannabinol (THC).

If a Covered Horse's A Sample tests positive for one of these Banned Substances, a Provisional Suspension will not be imposed on the relevant Covered Person until B Sample analysis confirms the presence of the Banned Substance or B Sample analysis has been waived by the Covered Person.

Consequently, in compliance with Rule 3610(b), such cases will not be published on the HIWU website's Public Disclosures page until after these steps occur. This change to the Public Disclosure protocol is consistent with current procedures for presence violations (i.e., positive tests) for Controlled Medication Substances.

This policy applies retroactively to current pending cases, and Provisional Suspensions have been lifted on all Covered Persons who have not been charged and are waiting for B Sample results to be issued.

This update is intended to address concerns within the industry that the names of Covered Persons were being publicly disclosed in cases involving the aforementioned types of substances before the Covered Persons had an opportunity to determine the source of the substance at issue, including whether it was the result of unintended human transfer.

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Parx-Based Trainer Joe Taylor Receives Six-Year Ban

Joe Taylor, who has been among the top trainers at Parx since he began his career about eight years ago, has received a six-year suspension from the Horseracing Integrity and Welfare Unit (HIWU) after two of his horses tested positive for the banned substances clenbuterol and methylphenidate.

According to a posting on the HIWU website, Taylor has admitted the violations and accepted the penalties. However, his attorney, Alan Pincus, raised questions about the positive tests.

“No trainer is going to give his horse two different easily detectable illegal drugs and do it two different times,” Pincus said. “Somebody got to them. Obviously, we can't prove anything. We asked HISA to investigate and they didn't. So what can he do? Their system for banned substances is profoundly unfair. To have any chance at all, you have to prove how it got in there and prove that you were not negligent in letting it get in there. We have suspicions of how the drugs got in there, but we can't prove them. Under their system, you can't win.”

With two horses having tested positive for two different substances, Taylor received 18 months for each offense, which ads up to the six years. He was also fined $12,500 for each offense.

The first positive came when Cajun Cousin (Cajun Breeze) finished seventh in a June 18 claiming race at Parx. Two days later, the Taylor-trained Classy American (Uncle Lino) finished tenth in a starter allowance at Parx.

According to the National Institute of Health's website, methylphenidate “is a powerful central nervous system stimulant with a high potential for abuse in horse racing.” Clenbuterol is a bronchodilator that can treat lower airways disease but also has a steroid-like effect that can help build muscle mass.

Both Cajun Cousin and Classy American will be prohibited from racing for a period of 14 months.

Taylor, who began his career in harness racing, started training Thoroughbreds full time in 2017 when he had 30 winners. His career peaked in 2019 when he won 111 races. He had 103 victories that year at Parx to lead all trainers in the standings. For his career, Taylor has won 327 races from 2,011 starters.

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