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Weekly Rulings: December 19-25

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

Among the key rulings from the last week, trainer Bonnie Lucas was suspended seven days after a post-race Xylazine positive in a sample taken from Tankinator, who was injured and vanned off in a race at Parx Racing on Nov. 7. Xylazine is a Class B controlled medication under HISA that can be used to sedate racehorses.

It remains unclear whether Tankinator was euthanized as a result of his injuries sustained that day.

The 5-year-old gelding was having his first race for Lucas, having been claimed out of the Webster Gayle barn on Oct. 21. In a post-race sample taken Oct. 21, Tankinator tested positive for the corticosteroid Dexamethasone, a controlled medication commonly used as an anti-inflammatory.

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

Date: 11/13/2023
Licensee: Librado Barocio, 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 Sugar Fish. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Treated as 1 violation with Sugar Fish under 09/08/23 HISA Guidance. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Barristan the Bold. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, 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. Admission.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Roseinthesky, who finished second at Finger Lakes on 11/8/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/07/2023
Licensee: Bonnie Lucas, trainer
Penalty: 7-day period of Ineligibility, beginning on December 27, 2023; 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. Admission.
Explainer: For the presence of Xylazine—Controlled Medication (Class B)—in a sample taken from Tankinator, who was pulled up and vanned off in a race at Parx Racing on 11/7/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023
Licensee: Terry Eoff, 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. Admission.
Explainer: For the presence of Methocarbomal—Controlled Medications (Class C)—in a sample taken from Kentucky Dawn, who finished second at Remington Park on 9/28/23. 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: 12/08/2023
Licensee: Victor Barboza, trainer
Penalty: Pending
Alleged violation: Medication 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, Long Range Toddy. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/30/2023
Licensee: Robert Fiesman, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Little Four, who was euthanized after breaking down in a race at Mahoning Valley on 10/30/23, according to Equibase. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/06/2023
Licensee: Luis Mendez, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Big Celebration, who finished third at Santa Anita on 10/6/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Mahoning Valley
Erik Barbaran – violation date Dec 19; $250 fine, eight-day suspension, no further details of ruling

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.
The following was taken from the ARCI's “recent rulings” webpage, which isn't always updated contemporaneously.

FLORIDA
Track: Gulfstream Park
Date: 12/6/2023
Licensee: Alexis Camano, trainer
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2022-051619 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. – LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Aubrey Maragh, trainer
Penalty: 15-day suspension, $1.500 fine
Violation: Medication violation
Explainer: FINAL ORDER 2023-003854 – F.S. 550.2415 VIOLATION = 5 HYDROXYDANTROLENE. “MODAZZLE” $1500 FINE, 15 DAY SUSPENSION – DATES TO BE DETERMINED BY STEWARDS, AND RETURN OF PURSE IMPOSED

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Andry G. Blanco, owner
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2023-046372 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

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Potts, Vazquez Among Trainers Denied NYRA Stalls

Six trainers, including Wayne Potts and Juan Vazquez, have been informed by NYRA officials that they will no longer be allowed to stable at Belmont Park and that their horses must be off the grounds by Wednesday. However, all six will still be permitted to race at the NYRA tracks, at least for the time being.

The story was first reported by the Daily Racing Form's David Grening.

NYRA's decision to not outright ban the trainers stems from a ruling issued in the Bob Baffert matter last July by the United States District Court for the Eastern District of New York. The court ruled that trainers cannot be banned at the NYRA tracks without due process, starting with a formal statement of charges. Denying or revoking stalls may not fall under the same guidelines. It was not known Friday whether or not NYRA will eventually take the steps that would be required to ban any or all of the six trainers.

The other trainers notified that they would no longer be permitted to stable at the NYRA tracks are Marvin Richardson, Luis Miranda, John McAllen and Michael Simmonds. In addition, Bonnie Lucas, an assistant to Potts, was also denied stalls, which she applied for after Potts' stall application was denied.

“NYRA retains the exclusive right and discretion to grant, deny, revoke, or reduce stall space for licensed trainers at its properties,” NYRA spokesman Pat McKenna said in a statement. “Following the completion of the stall application process for the 2022 spring meet at Aqueduct Racetrack and 2022 spring/summer meet at Belmont Park, NYRA has denied stall allocations to trainers Wayne Potts, Juan Vazquez, Marvin Richards, John McAllen, Luis Miranda and Michael Simmonds. The trainers were notified of this decision earlier this week and will be required to vacate their current stalls or transfer horses under their care by Mar. 30. Bonnie Lucas, an assistant to Potts, submitted a stall application following the denial of stalls to Potts and her application was rejected.”

The statement continued: “No matter the point of origin, all horses shipping in to race at NYRA tracks are subject to the same level of health and safety scrutiny as horses stabled on NYRA property. These protocols are effective in mitigating risk, enhancing equine safety, and protecting the integrity of the sport in New York.”

Potts and Lucas were suspended last year for 30 days by the New Jersey Racing Commission, which charged that they defied a request from a state veterinarian to have a horse vanned off the track following a claiming race. Both have appealed. Potts also ran afoul of authorities during last year's Saratoga meet when it was alleged he violated rules regarding a claim, which resulted in a 30-day suspension. The New York Gaming Commission charged that the horse, Mach One (Air Force Blue), was claimed by Potts' owners Frank Catapano and Nicholas Primpas by trainer Amira Chichakly and then transferred to Potts. Potts claimed another horse from the same race and trainers are not allowed to claim more than one horse in any given race. Additionally, Potts was banned from the Maryland tracks in 2020 amid allegations that he was a paper trainer for Marcus Vitali.

Potts won a career-best 61 races last year and was the leading trainer at Monmouth. He said he has 47 horses in New York and plans to relocate them to a training center in New Jersey.

“I was shocked when they told me I wasn't being allocated stalls,” Potts said. “I supported the NYRA circuit strong the last two winters when they have short fields. If this is an act to clean things up, there are other people that should be gone before myself. I don't have a whole list of mediation violations. I have done some stupid things in life, but there are other people there that have done much worse than I have.”

When asked if he fears NYRA will eventually ban him outright, Potts said: “I don't think that will happen. I had a meeting today with the racing secretary and with Frank Gabriel. They said I am still free to enter and I can conduct my business as I was before. That's what I'm going to continue to do.”

Vazquez received two consecutive 15-day suspensions from the Pennsylvania Racing Commission after two of his horses tested positive for the dewormer levamisole in races at last year at Parx. One, Hollywood Talent (Talent Search), tested positive after winning the GIII Turf Monster S. at odds of 108-1. Vazquez has filed an appeal. Vazquez has numerous suspensions and violations on his record. In one ruling, issued in 2017 in Pennsylvania, it was noted that Vazquez had eight drug positives during a 23-month period. Vazquez, who did not return a phone call seeking comment, is fifth in the Aqueduct trainer standings.

While Potts and Vasquez are prominent trainers, the others are not. Richards is 0-for-6 on the year and has won only five races in a career that began in 2017. He is facing a suspension of up to one-year from the New Jersey Racing Commission after his horse, Awesomenewyear (New Year's Day) tested positive for the prohibited medications oxazepam and ibuprofen following a Sept. 3 race at Monmouth. He has six horses stabled in New York.

“That would be something that is easy for NYRA to lean on,” Richards said of the drug positives in New Jersey. “They can say you have a positive so we're not going to give you stalls. I can't say for sure that's what it is. It might be. I'm still at Belmont, so they haven't kicked me off the racetrack yet. Where am I going to go? I'll have find a place where I can put my horses up. I'll have to try to get stalls elsewhere. It will be a great inconvenience. I live right next to [Belmont]. I don't even want to think of not being at Belmont.”

The Racing Form, citing sources, reported that McAllen was denied stalls for allegedly demonstrating an inability to properly care for his horses. He is 2-for-54 on the year and said he has 12 horses at Belmont.

“If someone wanted to come and see my horses I'd have no problem showing them to you,” McAllen said. “They are 100% perfect.”

McAllen said he will look for stall space somewhere before eventually taking his stable to Monmouth Park.

Miranda has won with just 4 percent of his career starters and is 2-for-94 since 2020. Simmonds is 1-for-19 on the year after going 2 for 75 last year. It was not immediately clear why those trainers were denied stalls.

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New Jersey Commission Issues Fines, Suspensions To Trainers Potts, Lucas, Richards

The New Jersey Racing Commission issued a bevy of suspensions and fines on Friday, Jan. 21, according to the Association of Racing Commissioners International's regulatory page, including for trainers Wayne Potts, Bonnie Lucas, and Marvin Richards.

Trainer Marvin Richards was issued a $5,000 fine and suspended for one year (May 7, 2022 through and including May 6, 2023) for a post-race test of Awesomenewyear, winner of the sixth race at Monmouth Park on Sept. 3, 2021. The post-race sample was positive for oxazepam (a sedative designed to treat anxiety, anxiety with depression, and symptoms of alcohol withdrawal) and ibuprofen (a nonsteroidal anti-inflammatory), a violation of N.J.A.C 13:70-14A.1(b) (substances foreign to the natural horse) and 13:70-14A.6 (absolute insurer rule).

Awesomenewyear was disqualified from that victory, and the Horseman's Bookkeeper was ordered to redistribute purse money. Richards incurred 2.5 multiple medication violation points.

Trainer Wayne Potts and his assistant Bonnie Lucas were each fined $1,000 and suspended for 30 days (from May 7, 2022 through and including June 5, 2022) over a ruling initially issued on Sept. 18, 2021. The text for that ruling indicates that Potts' trainee Chispita finished second in the fourth race at Monmouth Park on Aug. 6, 2021, and the state veterinarian ordered that that she be vanned off the track in the equine ambulance. Potts ordered his licensed assistant, Bonnie Lucas, to not allow the horse to be vanned off. The state veterinarian voided a claim on Chispita for that Aug. 6 race; the filly has not run since.

The fine and suspension stem from violations of the following rules:

N.J.A.C. 13:70-1.15 – The stewards may fine, suspend or rule off any person who in their opinion has acted to the detriment of racing or violated the rules.
N.J.A.C. 13:70-14.13 – Every association, all officials and employees thereof, and all persons licensed in any capacity by the Commission shall give every possible cooperation, aid and assistance to any department, bureau, division, officer, agent or inspector, or any other person connected with the United States Government, or with the State of New Jersey, who may be investigating or prosecuting any matter involving a violation of any law, or any rules or regulations of the Commission. Failure to cooperate will subject the person or persons involved to a fine, suspension or both.

Additional rulings included:

A $1,000 fine issued to trainer Peter Walder after Briella's first-place finish in the seventh race on Sept. 4 at Monmouth. The post-race sample showed the presence of aminocaproic acid (Amicar); Briella was ordered disqualified.
A $500 fine issued to trainer Jose D'Angelo after his trainee Avenida Manana' first-place finish in the seventh race on Sept. 18 at Monmouth. The post-race sample showed the presence of 5-hydroxydantrolene (dantrolene), and was ordered disqualified.

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