Rice Hit With Bute Fine, Suspension; Lodges Appeal Just Before NYSGC To Rule On ‘Improper Practices’

Trainer Linda Rice has been suspended 14 days and fined $2,000 by the New York State Gaming Commission after a filly under her care returned a positive test for the non-steroidal anti-inflammatory drug phenylbutazone following a 9 1/2-length win as the 4-5 favorite at Aqueduct Racetrack more than eight months ago.

Rice has appealed the Sept. 28 ruling, so she has been granted a stay of those penalties pending a final resolution.

The NYSGC also made it public on Friday that Rice will be appearing before the commission for a separate matter when the board conducts its monthly meeting this coming Tuesday.

Rice's name appears on the just-released agenda for the Oct. 3 meeting for an adjudication of her “improper practices” case that has persisted at the commission level and in the New York courts for more than two years.

In 2021, the NYSGC fined Rice $50,000 and revoked her license for three years after investigating claims that Rice received favorable treatment from the New York Racing Association and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage.

It was further alleged that Rice had paid racing officials in exchange for the information, a charge she denied. She did, however, admit to routinely giving members of the racing department, as well as the gate crew, Christmas presents.

On June 8, 2023, the New York Supreme Court Appellate Division ruled that the three-year banishment imposed by the NYSGC was “entirely unwarranted.”

But that same court also upheld the commission's determination that the “improper practices” rule had been violated, and ordered the matter back to the NYSGC to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

Rice's Jan. 21, 2023, bute penalty was triggered by Afleet Arlene (Afleet Alex), who is owned by Winning Move Stable and has been unraced since that victory. A disqualification from the win and a purse redistribution from the $16,000 claimer ($15,400 winning purse) was mandated by the under-appeal ruling.

The ruling stated that the bute finding was “in excess of the quantitative threshold” of 0.3 mcg/ml in plasma.

The relatively long time that the NYSGC's drug-test findings linger behind the scenes prior to a ruling being issued has been an issue of concern in 2023, with some cases still resurfacing even after the Horseracing Integrity and Safety Act Authority took over as the sport's nationwide testing entity back on May 22.

Back on May 11, trainer Todd Pletcher was fined $1,000 and suspended 10 days after tests revealed that his trainee Forte (Violence) tested positive for meloxicam following a win in the GI Hopeful S. on Sept. 5, 2022, at Saratoga Race Course.

The length of the delay made headlines because in the interim between the Hopeful S. and the ruling, Forte won the GI Breeders' Cup Juvenile, was voted the Eclipse Award champion of his division, had won two other graded stakes, and was the favorite for the GI Kentucky Derby before being scratched the morning of the race with a right front foot bruise.

Another Pletcher trainee, Capensis (Tapit), triggered a bute finding in a Saratoga post-race test on July 30, 2022, but that ruling (14-day suspension, $2,000 fine) was not made public until 10 ½ months later, on June 11, 2023. Pletcher is currently appealing both cases.

In the ensuing debate over why New York's positives take so long to come to light, regulators have blamed trainers for “repeated procedural delays” in getting split samples tested, while horsemen have accused the commission of needlessly dragging out the process and not being responsive or timely in responding to scheduling requests.

At the May 22, 2023, NYSGC meeting, it was disclosed that three outstanding, pre-HISA  Thoroughbred drug positives remained unadjudicated by the commission and were still lingering at various stages in the regulatory process.

When commissioner John Crotty asked what the timeline was for resolving those cases, NYSGC chairman Brian O'Dwyer told him that in light of the scrutiny related to the Forte delay, he suspected that the commission “will be very, very diligent in terms of making sure that those things are adjudicated much more promptly.”

It turns out that Rice's bute finding was one of those then-undisclosed cases. It took more than eight months from the date of the alleged violation until a ruling was issued.

The post Rice Hit With Bute Fine, Suspension; Lodges Appeal Just Before NYSGC To Rule On ‘Improper Practices’ appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Pletcher Hit With Suspension for Bute Positive

The New York Gaming Commission has suspended Hall of Fame trainer Todd Pletcher 14 days and fined him $2,000 after a horse he trained tested positive for the non-steroidal anti-inflammatory phenylbutazone during a 2022 race at Saratoga.

Via text message, Pletcher said he is appealing the penalty. He declined to comment further.

The Paulick Report was first with the story.

The horse in question, Capensis (Tapit), was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC. He has not run since winning the Sept. 6, 2022 GIII Virginia Derby. A gray colt, he sold for $2 million at the 2020 Keeneland September sale.

The ruling, which was posted to the Gaming Commission's website on Sunday , states that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).

Pletcher is also dealing with another suspension handed down by New York regulators. He was fined $1,000 and suspended 10 days after tests revealed that his trainee Forte (Violence) tested positive for Meloxicam following his win in the GI Hopeful S. last summer at Saratoga. Pletcher has appealed that suspension, as well.

In addition, Pletcher is facing two possible violations in Florida, where, according to Florida Gaming Control Commission Division of Pari-Mutuel Wagering records posted online, he had a Class IV and Class V drug positive in December. According to reports, the Pletcher-trained Mind Control (Stay Thirsty) tested positive following the Sept. 24 Parx Dirt Mile, in which he was initially awarded the victory through disqualification. That case is also pending.

Asked why the New York case was just now coming to light, Brad Maione, the Director of Communications for the New York Gaming Commission said the following in an email to the TDN.

“By practice and procedure, when there is a possible rule infraction or violation, the Stewards set a time to meet, providing an affected party the informal opportunity address the matter. Following the meeting, the Stewards collectively evaluate potential rule infractions and, if appropriate, the State Steward will issue a ruling.

“Changes to the split-sample procedures have been instituted to reduce the ability of an affected party to game the system. Absent extraordinary circumstances, a trainer advised of a positive drug violation will now be afforded no more than two-weeks to identify and make arrangements for the split-sample to be tested…

Finally, you should be aware that the procedural processing of split-samples has remained constant since initiation. The Commission does not announce medication infractions until considered by the judges or stewards. As of Friday morning, there were three Thoroughbred and two Standardbred split-samples outstanding at a qualified, accredited independent laboratories. The Commission is awaiting return of their findings.”

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Trainer Reed Gets 5-Day Suspension For Bute Positive At Turfway

Trainer Eric Reed has been penalized with a five-day suspension and a $1,000 fine for a phenylbutazone positive in a $15,000 claiming winner last month at Turfway Park.

According to a Feb. 1 Kentucky Horse Racing Commission (KHRC) stewards' ruling, the 2022 GI Kentucky Derby-winning trainer waived his right to a hearing and will serve his days Feb. 10-14 without lodging an appeal.

The ruling stated that the offense was Reed's second for a Class C positive within the past year. The KHRC classifies drugs on an A (most severe) to D (least severe) scale.

Phenylbutazone, also called Bute, is a non-steroidal anti-inflammatory drug. The test reported a finding of .62 micrograms per milliliter. According to rules posted on the KHRC website, bute is permitted on race day in concentrations at or less than three-tenths (0.3) micrograms per milliliter.

The disqualified winner was Golden Text (Danza), who wired the field in the fourth race Jan. 19, got claimed from owner Jackie Willoughby, Jr., and then had the claim voided because of the drug ruling.

Reed responded to a Friday voicemail request asking for his side of the story by texting that he had already issued statements to two other publications and did not wish to comment further.

Reed told Horse Racing Nation's Ron Flatter earlier in the week that, “I waived my rights because I know I gave the horse Bute paste [which takes longer to clear a horse's system]. I apologize to my friend Jim Willoughby, who owns the horse and had the win taken away. I also apologize to the racing industry. I used a Bute paste instead of the injection because he's the kind of horse who fights you every time you give him a shot.”

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Cox Suspended 10 Days for Bute Overage in ’21 Foster S.

Trainer Brad Cox has been suspended 10 days and fined $500 by the Churchill Downs stewards for a phenylbutazone overage detected in the runner-up of the 2021 GII Stephen Foster S.

According to a ruling dated May 15 and posted to the Kentucky Horse Racing Commission (KHRC) website Tuesday, the Class C positive was present in the post-race testing of MGSW Warrior's Charge (Munnings) at a level of 2.51 micrograms per milliliter of blood when he ran second at 7-1 in last year's edition of the Foster.

Cox's suspension is to run May 23-June 1. Warrior's Charge has been disqualified and the purse money is to be redistributed.

TDN phoned Cox to get his side of the story and to ask whether he'd be appealing. He responded via text message.

“We were completely shocked with these lab results,” Cox wrote. “Due to the fact that this medication was administered within the strict guidelines that are set in place. Having said that, while we disagree with the results, I have to own it and accept responsibility. Moving forward, I am committed to industry leading protocols which hopefully prevent this from happening again.”

Asked what arrangements, if any, are in the works for transferring his horses during his suspension, Cox wrote, “No transfers at this time.”

Phenylbutazone, also called Bute, is a non-steroidal anti-inflammatory drug. Kentucky's racing rules permit it on race day in concentrations at or less than three-tenths (0.3) micrograms per milliliter.
According to the ruling, Cox waived his right to a formal stewards' hearing, as did the horse's owners, Marshall Gramm and Sol Kumin.

The KHRC classifies drugs on an A (most severe) to D (least severe) scale.

Both the owner and trainer penalties are in line with Kentucky's recommended sanctioning guidelines for a Class C first offense, which call for up to a 10-day suspension (absent mitigating circumstances) for trainers and the disqualification and purse forfeiture for the owners.

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