Weekly Stewards And Commissions Rulings, Dec. 12-18

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 seven days is the saga surrounding Tankinator, a horse at the centre of two positfives within 17 days.

On Oct. 21, Tankinator finished 6th at Delaware Park. Tankinator was claimed out of Webster Gayle's barn that day before running again on Nov. 7 for Bonnie Lucas at Parx Racing. Tankinator was pulled up and vanned off in that race. It's unclear whether Tankinator was euthanized.

In pending rulings posted on the Horseracing Integrity and Welfare Unit's (HIWU) website, the 5-year-old gelding's post-race sample after his Oct. 21 appearance tested positive for the corticosteroid Dexamethasone, a controlled drug commonly used as an anti-inflammatory.

Tankinator's post-race sample after his Nov. 7 run tested positive for Xylazine, a controlled drug that can be used to sedate or tranquilize horses.

According to a HIWU spokesperson, the notice for the first positive test was sent out after the horse ran again on Nov. 7, as the post-claim owner would not have had the option to void the claim through HISA without being aware of the first positive test. Gayle and the post-claim owner were alerted to the dexamethasone positive at the same time, the spokesperson added.

In a separate case, trainer Michael Lauer was handed down a two and ½ month suspension after his horse, Mowins, had tested positive for the diabetes drug, Metformin, after finishing third at Horseshoe Indianapolis on Aug. 5. He was also fined $2,600. Lauer's suspension began on Oct. 12.

HISA lists Metformin as a banned drug, meaning it comes with a possible two-year suspension.

According to the case resolution posted on HIWU's website, the groom looking after Mowins had a prescription for Metformin, which he took twice daily. The day of the race, the groom, Jorge Ceballos, took the medication during lunch, before preparing Mowins for the race, “which included putting the bridle in Mowins' mouth,” according to the case resolution.

HIWU agreed that “Mr. Lauer was able to establish the source of Metformin by a balance of probability was unintentional contamination by Mr. Ceballos during his pre-race grooming preparations,” according to the case resolution.

Trainers Jeffrey Englehart and A. Ferris Allen were each issued seven-day suspensions and $1,000 fines for Phenylbutazone positives. Phenylbutazone is a Class C controlled medication. For both trainers, the sanctions handed down constituted their second Class C substance violations under HISA.

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: 11/05/2023
Licensee: Anthony Farrior, trainer
Penalty: No penalty. Equine anti-doping charges withdrawn. B Sample volume insufficient for analysis.
Explainer: For the presence of Metformin-a banned substance-in a sample taken from Geothermal, who raced at Laurel Park on 11/5/23. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 10/28/2023
Licensee: Tony Lello, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Reel Em In. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/25/2023
Licensee: Joe Pizzurro, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Atlantic Firestorm. This is 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).

Date: 09/01/2023
Licensee: A. Ferris Allen, trainer
Penalty: 7-day period of Ineligibility, beginning on December 13, 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 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Aristocratic, who finished second at Colonial Downs at 9/1/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/05/2023
Licensee: Michael Lauer, trainer
Penalty: Two and ½ month (i.e., 75-day) period of Ineligibility for Covered Person, beginning on October 12, 2023; 60-day period of Ineligibility for Covered Horse, beginning on August 31, 2023 (already served); Disqualification of Covered Horse's Race results obtained on 08/05/23 and 08/23/23, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $2,600. Final decision of HIWU, and admission.
Explainer: For the presence of Metformin-a banned substance-in a sample taken from Mowins who finished third at Horseshoe Indianapolis on 8/5/23. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/17/2023
Licensee: Jeffrey Englehart, trainer
Penalty: 7-day period of Ineligibility, beginning on December 13, 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 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Graywing, who finished fourth at Finger Lakes on 7/17/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Pending ADMC Violations
Date: 11/29/2023
Licensee: Lacey Gaudet, 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, Graceful Union. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/25/2023
Licensee: Peter Walder, 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, Hello Jack. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/14/2023
Licensee: Robert Lucas, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Shake N Fries. This is 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: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Sugar Fish. This is 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: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Barristan the Bold. This is 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: Ron Rozell, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Pemoline-a banned substance-in a sample taken from Bavaria. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, trainer
Penalty: Pending
Alleged violation: Medication violation
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 is 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: Pending
Alleged violation: Medication violation
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 is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/21/2023
Licensee: Webster Gayle, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class B)-in a sample taken from Tankinator, who finished sixth at Delaware Park on 10/21/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/21/2023
Licensee: Bret Calhoun, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Diclofenac-Controlled Medication (Class C)-in a sample taken from Ain't Broke, who won at Churchill Downs on 09/21/23. 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.

Los Alamitos
Diego Herrera – violation date Dec 16; $250 fine, one-day suspension, 2 strikes over limit
Giovanni Franco – violation date Dec 16; $250 fine, one-day suspension, 1 strike over limit
Kyle Frey – violation date Dec 17; $250 fine, one-day suspension, 1 strike over limit

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.

New York
Track: Aqueduct
Date: 12/14/2023
Licensee: Manuel Franco, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Manuel Franco is hereby suspended for three (3) NYRA racing days January 1st 2024, January 4th 2024, January 5th 2024 inclusive. This for careless riding during the running of the 6th race at Aqueduct Racetrack on December 9th 2023.

Track: Aqueduct
Date: 12/18/2023
Licensee: Junior Alvarado, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Junior Alvarado is hereby suspended three (3) NYRA racing days January 1st 2024, January 4th 2024, January 5th 2024 inclusive. This for careless riding during the running of the 9th race at Aqueduct Racetrack on December 16th 2023.

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