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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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Trainer Faucheux Wins Fair Grounds Title and Walks Away

On the surface, trainer Ron Faucheux could not have been doing any better. He came out of the Fair Grounds meet on Mar. 26 with his third straight training title at the New Orleans track, his 42 winners five more than Bret Calhoun and Brad Cox. He had a career best 81 winners in 2022 and his stable earned $2,066,757. But when Louisiana racing moved to Evangeline Downs last week, Faucheux was conspicuously absent from the entries. The latest horsemen to say it has simply become too difficult for a trainer to make a decent living, he is now a jockey agent, representing rider Jose Luis Rodriguez.

“Basically, the last couple of years, I was just breaking even doing what I was doing,” Faucheux said. “I love training horses, but I wasn't getting the kind of day rate trainers in places like New York and Kentucky get and our expenses are pretty comparable to their's. This was a lot of work and, in all honesty, over the last several years, I wasn't making any money doing it.”

Faucheux, 40, started training in 2009 and quickly became established as one of the top trainers on the Louisiana circuit. In 2021, he won his first training title at the Fair Grounds, finishing ahead of Steve Asmussen, Cox and Tom Amoss.

“That meant so much to me,” he said. “I was a kid growing up in New Orleans and I idolized the trainers like Asmussen, Amoss, Al Stall, Dallas Stewart. Three leading trainer titles at the Fair Grounds is three more than I ever thought I'd get.”

He had arrived, with a big stable and the type of horses that could compete at a top-tier track like the Fair Grounds. But it came at a cost. He said that the bigger his stable got the harder it became to make money. His overhead kept growing and his income couldn't keep up.

“Over the last couple of years, the prices for everything kept going up,” he said. “The more horses I got the less money I made.”

His day rate, which was $75, was a problem. He said that the trainers who come and go between the Fair Grounds and Kentucky, like Asmussen and Cox command a higher rate. But the trainers like himself who spend the entire year in Louisiana had to charge less. It was not, he said, enough.

He was able to stay focused throughout the Fair Grounds meet and secured the title with three winners on closing day. But he was already looking ahead to the next chapter in his racing career.

Rodriguez, a native of Venezuela who had been riding in Panama, came to the U.S. in August and had an immediate impact. He was 22-for-104 (21%) in 2022 and stayed hot at the Fair Grounds, where his 35 wins were good enough for sixth in the standings. Faucheux saw him as an up-and-coming rider who could be a force at Evangeline, where Faucheux was fifth in last year's trainer standings.

“My kids are getting a little bit older and I can spend a little bit more time with them being a jock's agent,” he said. “There is quite a bit of work that goes into it, but not nearly the amount of work that I was used to as a trainer. He's a good rider and he finished sixth at the Fair Grounds, his first full meet ever in the U.S. This is a good opportunity to spend more time with my family, have a little more free time and a little less stress and try this out. I'll see how it works.”

There are things about training that he misses and others that he does not.

“There's no question that I am going to miss training,” he said. “So far as the training and the horses and connections I made with my owners and the people around me, I'm absolutely going to miss that. Being an agent, I'm still a part of it. But I trained a lot of horses, had a lot of employees and there were a lot of expenses. That's all part it. So there are things I won't miss.”

Faucheux said he might train again.

“I could go back to training for the next Fair Grounds meet,” he said. “I'm not sure. Or I could never go back to training. I'm just going to enjoy this meet at Evangeline and not make any decisions until the meet is over with.”

Should he come back, winning races won't be the problem. Faucheux has won 740 in his career and his winning percentage is 23.7%. But will those numbers, as good as they are, ever translate into making a decent living? It's the problem he needs to solve.

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Faucheux, Gutierrez Earn Fair Grounds Titles

New Orleans native Ron Faucheux earned his third consecutive training title with 42 wins at the Fair Grounds meeting which concluded Sunday. The trainer's title went down to meet's last day as Bret Calhoun, the early leader who was in search of his first local crown, and four-time champ Brad Cox were both in striking range, but had to settle for a tie for second with 37 wins apiece.

With 64 wins, Rey Gutierrez captured the first leading rider title of his young career. The 27-year-old's top moment came when Southlawn (Pioneerof the Nile) posted an upset in the GII Fair Grounds Oaks, offering personal redemption for Gutierrez after he and his mount Hidden Connection finished a diminishing nose shy of Echo Zulu last year.

With 20 wins from 137 starts in their first full meet at Fair Grounds, Genesis and Sylvia Castillo's L and G Racing Stable won the track's owners' race.

Fair Grounds offered the richest stakes schedule in Louisiana history at $8.5 million during its 151st season of racing, with the Mar. 25 Louisiana Derby Day card leading the way with a $3.1-million single-card record for purses offered in the state.

“Our 151st season was one for the books,” Fair Grounds president Doug Shipley said. “Throughout the entire season our racing team proved once again they are the best in the business. Starting with an amazing Thanksgiving celebration to kick off the season and finishing with a fairytale ending with the Shantel Lanerie Second Line celebration. There were tears on the course this year as jockey Corey Lanerie returned to Fair Grounds to take home the win in the race named to honor his beloved-by-all wife. Their daughter Brittlyn served as the Grand Marshal for the Second Line walk completing out the season with full hearts all around.”

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Trainers Speak Out on HISA at HBPA Conference

Edited Press Release

The 2023 National HBPA Annual Conference closed with a lively discussion with three prominent horsemen who questioned the need, validity and overreach of federal legislation pitched as the so-called savior of racing while the industry heads into a challenging economic and logistical future.

Bret Calhoun, Ron Faucheux and Jason Barkley participated in the Trainer's Talk panel moderated by multiple Eclipse Award-winning journalist and media specialist Jennie Rees and talked about everything from the Horseracing Integrity and Safety Authority, challenges facing small to mid-sized stables, finding and keeping help and what gives them motivation in spite of all of racing's uncertainties.

HISA dominated the discussion–as it did much of the conference this week at The Hotel Monteleone in New Orleans–and the trio pulled no punches when it came to the controversial entity.

“The whole thing is a façade. It's been all smoke and mirrors,” said Calhoun, a member of the Louisiana HBPA board who also maintains strings in Kentucky and Texas. “They sold this thing as the safety of the horse. It's absolutely not about safety of horse. It's a few people, with self-interest and they have their own personal agenda.”

Faucheux, also a member of the Louisiana HBPA board and just two back of the leader on the Fair Grounds' leading trainer's list that he topped for the 2021-22 meeting, conditions a stable of about 60 horses and hasn't left his native state since HISA rules went into effect last summer.

“I haven't signed up and I won't sign up. I'll get out of training if I have to sign up,” Faucheux said. “A stable like mine, 55-, 60-horse stable, I couldn't afford the cost of having to hire somebody to do the paperwork for me. The added expenses of it all, it wouldn't work financially for me. It's a struggle to get by the last couple years. Feed costs have gone up 50 percent, hay, shavings, it doesn't make financial sense for a trainer in Louisiana year-round to sign up and have to take on all those added fees because right now we're barely making it as it is.”

Barkley maintains a stable of about 30 horses based at Fair Grounds and Oaklawn Park in the winter and in Kentucky the majority of the year. A member of the Kentucky HBPA board and a third-generation horseman, Barkley said he feels the impact of the regulations already and only sees them as potential obstacles for trainers hoping to grow their stables.

“A lot of my smaller clients they don't want to pay the added cost of a per-start fee, the extra vet checks, and all the added fees they want to put on us,” Barkley said. “There's added costs and the time to do all the work. Between me and my main assistant, who is my wife, Shelbi, we do the extra paperwork, keeping track of everything. We already kept track of what every horse got every day but to then have to put it into files, that doubles the workload. That is time taken away from actually working with your horses, which is what you should really be focused on.”

Fixed-Odds Wagering…

Fixed-odds wagering on horse racing is coming to America and should be embraced as well as understood by horsemen.

That was the advice of two heads of major horse-racing content distributors and two executive directors of horsemen's associations. They spoke on a closing-day panel at the National Horsemen's Benevolent & Protective Association conference.

The panelists addressed both the growth of U.S. tracks sending their race product to legal bookmakers overseas and the possibilities and challenges of introducing bookmaker-style fixed odds as a wagering option at U.S. tracks, whether at the actual track, another bricks-and-mortar facility or online.

“We've really had a mantra to educate our members on what's coming,” said National HBPA CEO Eric Hamelback. “Whatever you decide as a state–to bring it in, not to bring it in, or if you're fortunate enough to have a sports-wagering license–I believe sports wagering and fixed odds are in our future. But it's up to us to continue to educate everyone properly on the pros, the cons and the nuances of what's going on.”

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