“There is a little bit of a misunderstanding about what HISA's authority is in this regard,” she said. “We can only do what the statute allows us to do and right now the statute specifically provides that a horse becomes a covered horse upon its first workout. We would have to ask for a legislative change if we wanted to change the scope of that jurisdiction, which would be a heavy lift and not something we'd probably go to Congress and try to do right now.”

Lazarus stresses that the sales companies should use every resource available to them to make sure that sellers are not using drugs that might enhance the value of a horse being sold.

Lazarus said she has had discussions with the heads of the sport's three largest sales companies–Keeneland, OBS and Fasig-Tipton–and asked that they work together to come up with unified rules that mirror those already in place by HISA for covered horses.

“HISA did convene a meeting with all the sales companies in October,” she said. “We all got together in a room and discussed the fact that it made sense to get on the same page. We would hope that there would be was a logical protective flow from weanling to retirement that makes sense. It doesn't have to be the same program for every stage of a horse's life, but it needs to be sensible and consistent and all fit together. There was wide agreement with all the sales companies that this was an important initiative and they said they would work towards it. They've been working really hard on coming up with an aligned agreement.”

Lazarus said that if there is still a reason to suspect that some horses are slipping through the cracks at the sales, HISA might take another look at getting legislation that would allow it to categorize a horse as covered at some time prior to its first official workout.

“I trust that the sales companies are going to be able to do this on their own and that we won't need to take a stricter view,” she said. “If for some reason that doesn't happen, we would definitely, over time, look at that and consider our options. Once a horse comes into the HISA program and is our responsibility we do everything we possibly can to protect it. But not having a window into what has happened with the horse before they become a covered horse can be challenging. That's why we are working towards this aligned system where everything is really clear and the sales companies are all doing the same thing. If that is a fit with HISA's program, that would be really beneficial for the industry.

“The way to move the sport forward is to have more consistent and stricter regulations throughout a horse's life. Based on my experience since HISA's inception, that is most effectively done when the stakeholders come to the table and are willing participants. You come up with a much stronger program when you have everyone buy in. I am working every day to earn the trust of horsemen and earn the trust of the racetracks. If I could get sales companies on board and make changes that make a lot of sense, that would mean we would have a much better chance of being successful right out of the gate. I really believe that's where we need to end up. But I also believe that given where we are and given the commitments I have received from the sales companies, we'll be able to do that without having to legislate or change HISA's jurisdiction.”

Englehart was notified that a horse under his care had been found to have Clenbuterol in its system when it was tested by the Horseracing Integrity and Welfare Unit (HIWU) after it broke down in a workout at Finger Lakes in November. The positive was the result of a hair test and the infraction was made public on the HIWU website. Englehart faced a suspension of up to two years.

Englehart insisted he never gave the horse the drug and that it had to be given to the horse before he bought it at Ocala. The original HIWU test was a standard hair test. Tests known as segmented hair test can pinpoint when a drug was given to a horse and Englehart pushed for the horse to undergo that type of test. HIWU had the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis perform the segmented test and it revealed that the Clenbuterol was in fact administered before Englehart became the trainer. All charges against Englehart were then dropped.

Lazarus admitted that the Englehart matter could have been handled better.

“There was an initial matter that we had to flag because something was found in the horse,” she said. “But we should not be holding the trainer responsible if that substance went into the horse before he or she was responsible for it. One thing we are going to change, we are not going to make a positive test from hair public until a B sample comes back.

“The only way we failed Mr. Englehart in this case was the public announcement of his violation. He didn't have any suspension and there were no repercussions from a sanctions standpoint. There was nothing in place until the system concluded, but the public did know about it. It would be different if Clenbuterol were found in the blood or urine. We know how long Clenbuterol can stay in blood and urine. So if there is a Clenbuterol finding in blood or urine there would be no ambiguity unless the trainer got the horse the day before or within a week. With hair testing we can find things going back six months and even a year sometimes.”

“What I really hope is that this situation shows the public and the racing industry that HISA is always going to do what's right. We are going to follow the science and we are going to follow the facts. We are giving Mr. Englehart the money back that he spent for the B sample. He is going to be made entirely whole. As I said, the one thing I would do differently is not to have made this public from the outset. This is the first case we've had of this nature and I've always said there will be things that we learn along the way that we didn't foresee and that we have to adjust.”

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It may not be enough.

The Jeffrey Englehart story has suggested that may be the case. Englehart bought a Classic Empire colt at the OBS auction last year on June 15. Some five months later the horse, which was unraced and unnamed, broke down while working at Finger Lakes and had to be euthanized. In such a case, the deceased horse is tested by the Horseracing Integrity and Welfare Unit (HIWU), an arm of the Horseracing Integrity and Safety Authority (HISA). The horse, identified as Fast Heart 2021 (the dam is Fast Heart and the horse was born in 2021), tested positive for Clenbuterol.

Englehart, facing a possible suspension of up to two years, was adamant that he never gave the horse the drug and speculated that Fast Heart 2021 was given Clenbuterol leading up to the sale in hopes that it would help the horse to work faster and sell for more. Last week, HIWU cleared Englehart after the results of a segmented hair test showed that the Clenbuterol was in fact given to the horse prior to Englehart taking possession.

The colt was purchased for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The purchaser was Juan Centeno, who entered the horse back in the Ocala sale. Centeno sells under the name of All Dreams Equine. Since the story broke, Centeno has not responded to attempts made by the TDN to get his side of the story.

Englehart bought two horses from Centeno's consignment. On his own, Englehart said he paid to have a segmented hair test done on the other horse, a filly named She She's Shadow (Bucchero). According to Englehart, that horse also tested positive for Clenbuterol.

Englehart charged that Clenbuterol use is “rampant” at 2-year-old sales.

“I think if they did a hair test on every horse (entered in a 2-year-old sale) 70 to 80% would be positive for Clenbuterol,” Englehart said.

That may or may not be the case, but if a PED can result in a horse working just a fraction of a second faster than it would have without drugs, it could be a powerful incentive to cheat; one that can means tens of thousands of dollars to the seller.

Still another problem revolves around the use of  bisphosphonates, a controversial group of drugs used in older horses to tackle issues like navicular disease, but also used in younger horses to treat things like sore shins. Once administered, they can stay in a horse's system for years, which could mean a horse given bisphosphonates before a sale could turn up positive long after it was purchased and the current trainer would be vulnerable to suspensions and fines.

HISA and HIWU were created eliminate doping and abuse in Thoroughbred racing, which nearly everyone admits is a problem. Cheating isn't necessarily limited to the racetrack, but that is where HISA focuses almost all of its efforts. Horses aren't subjected to HISA rules and HIWU drug testing until they have had their first officially timed and published workout. That's when they become “covered” horses. As long as they don't own or train any active racehorses, 2-year-old consignors also will not be “covered” or subject to HISA/HIWU oversight and regulations.

The Englehart saga is evidence that this is a problem that needs to be rectified. That hasn't been lost on HISA.

As reported by the Paulick Report, Ann McGovern, who oversees the HISA Racetrack Safety Program, gave a presentation in June at the Track Superintendent Field Day held at Horseshoe Indianapolis. When asked about the issue of HISA having no jurisdiction over 2-year-old sales, McGovern said that in her own opinion, “It's a place that needs regulation, absolutely.”

In September, colleague T.D. Thornton wrote that HISA had initiated discussions with sales companies in an attempt to bring about voluntary compliance with medication rules and regulations.

HISA and its CEO Lisa Lazarus have plenty on their plates and making changes to what is already a complicated set of protocols and regulations is not something that can be done easily. But HISA is doing an incomplete job if it ignores such an important part off the sport as 2-year-old sales or, for that matter, all sales. At the very least, a horse should become a covered horse as soon as they turn two.

If HISA were in charge of policing the June OBS sale would the Fast Heart 2021 story have turned out any differently? That's hard to say. But with HISA staying away from sales, it stands to reason that the would-be cheaters have less to worry about if they try to beat the system.

If HISA is going to clean up racing, clean up all of racing. Huge money is involved when it comes to 2-year-old sales and getting a horse to work as fast as it can is the primary goal of many consignors. Hopefully, very few will use performance-enhancing drugs on horses about to be sold as 2-year-olds, but the incentive to do so is obviously there. HISA needs to take on a larger role that includes 2-year-old sales.

A Banner Day for the Coach

It wasn't a perfect afternoon Saturday at Oaklawn for Wayne Lukas, whose best 3-year-old colt, Just Steel (Justify), was a disappointing seventh in the GII Rebel S., dimming Lukas's hopes of winning his first GI Kentucky Derby in 25 years. But the Hall of Famer still did plenty right on Saturday. He now has a contender for the GI Kentucky Oaks after Lemon Muffin (Collected) upset the GIII Honeybee S. at odds of 28-1.

The filly was only in the race because Lukas continues to take chances that most modern-day trainers won't. Not only was Lemon Muffin still a maiden after five starts, she had never gone beyond six furlongs. But Lukas went into the race brimming with confidence.

“Watch out here,” Lukas said prior to the race. “This one has some ability. Running her in the Honeybee is not the big, giant step some might think. She is just dying to go two turns. She's got a lot of ability and is a competitive, hard-trying filly. This isn't the big step forward you might think from looking at her on paper.”

On the same card, Lukas won an allowance race with Seize the Grey (Arrogate) and finished second in the Carousel S. with Backyard Money (Midshipman)

The ever-optimistic Lukas predicts that he is going to have a big year, in large part because of the horses being funneled his way by John Bellinger and Brian Coelho, who race under the name of BC Stables LLC.

“[Bellinger and Coelho] have a beautiful set of 2-year-olds that are being prepped right now,” Lukas said. “It's an extremely good set. They've got Gun Runners, Justifys, Into Mischiefs, Quality Roads. I am going to go out on a limb and say this is my best set of 2-year-olds in years and years. We should have a helluva Saratoga. I'm getting great reviews out of Ocala on those 2-year-olds.”

No Excuses For White Abarrio

White Abbario (Race Day) threw in an absolute clunker when finishing 10th in Saturday's G1 Saudi Cup. According to co-owner Mark Cornett, the horse came out of the race fine and no one has come up with an explanation as to why he didn't fire.

“He came out of the race perfectly,” Cornett said. “He cooled out in 10 minutes and wasn't blowing, wasn't doing anything. It was like he never ran.”

The owners were contemplating a start in the G1 Dubai World Cup, but that's no longer in their plans. White Abarrio will be shipped home Feb. 29.

“We'll give him some time off, but not too much because he didn't even run,” Cornett said. “We're going to come home and re-group. We don't know yet where he's going to run. Our big goal for the summer will probably be the Whitney again. How we get there, I don't know yet. Probably we could have him ready for the Met Mile. The only thing about that is it's going to be run at Saratoga, so it's going to be a little bit different race.  They run the mile races there out of the [Wilson] chute and I'm not a fan of that.”

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The positive was found in an unraced, unnamed horse out of the mare Fast Heart that Englehart purchased for $14,000 at the OBS auction on June 15. He argued that he did not give the horse the drug and that it was had to have been given to the horse prior to his purchase at OBS. Englehart and his attorney requested that HIWU perform a segmented hair test colt, which can provide a time line for when a drug is administered. HIWU had the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis perform the segmented test and it revealed that the Clenbuterol was in fact administered before Englehart became the trainer.

Friday, HIWU issued a statement, which read: “Following a positive test result for Clenbuterol in hair collected from Fast Heart 2021, trainer Jeffrey Englehart requested B Sample analysis and provided a formal explanation to HIWU that he believed that Clenbuterol was administered to the horse prior to his becoming the horse's Responsible Person. The right to request B Sample analysis and submit an explanation for an alleged violation is available to all Covered Persons subject to a potential violation of the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Program.”

“Segmented analysis was performed on the B Sample of the hair by the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis. The results of this analysis indicated that clenbuterol was administered to Fast Heart 2021 before he became a Covered Horse and before Mr. Englehart became his trainer. Thus, Mr. Englehart's explanation was confirmed, and HIWU withdrew the Equine Anti-Doping Notice that had been served on him. The case was dropped before a Provisional Suspension was imposed on Mr. Englehart or a Charge letter was served on him.

“This is great news,” said an emotional Englehart who said he did not know that the charges had been dropped until being told so by the TDN. “I'm so happy I'm shaking right now. I'm very emotional and very happy that HIWU did the right thing. The sport needs their oversight and I'm glad that in my case they decided to do the right thing.”

The colt, who was by Classic Empire, broke down on Nov. 21 at Finger Lakes and had to be euthanized. It is standard procedure for HIWU to perform tests on any horse that has to be put down, and those tests confirmed the presence of Clenbuterol, which is a banned substance. However, Clenbuterol is known to stay in a horse's system for as long as a year, which meant there was a possibility that someone gave it to the horse before he was purchased at Ocala.

The colt was purchased for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The purchaser was Juan Centento, who entered the horse back in the Ocala Sales.

Centeno, who sells under the name of All Dreams Equine, has not responded to numerous phone calls, texts and emails from the TDN seeking comment. Englehart said he got Centeno on the phone for about 20 seconds before he hung up on him

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“We don't use Clenbuterol. Period,” Englehart said.

So is there more to this story? Dig a little deeper and you might conclude that there is. To Englehart, it's not about the fact that the horse tested positive. He doesn't dispute that finding. But when was the horse given Clenbuterol and by whom? He hopes the answers to those questions will clear his name and lead to HIWU dropping the case against him.

The horse that tested positive for Clenbuterol was an unnamed 2-year-old by Classic Empire out of Fast Heart. Englehart bought the horse on behalf of owner Marcello Rosa for $14,000 at the OBS auction June 15. The horse broke down while training and had to be euthanized at Finger Lakes Nov. 21.

Englehart's problems were just beginning.

HIWU performed a battery of tests on the deceased horse, including blood, urine and hair. The blood and urine tests were negative. According to Rick Arthur, former equine medical director for the California Horse Racing Board, a standard dose of Clenbuterol will typically be detectable in the blood for about three to four days after administration. For urine, the detection window would typically be between 10 to 17 days after administration.

But HIWU also performed a hair test, which revealed the presence of Clenbuterol. Englehart claims that hair tests can show the presence of the substance for up to a year after it was given to a horse. According to Arthur, Clenbuterol can be found in hair samples for at least six months after the drug was administered.

Dr. Rick Arthur | Horsephotos

“We've certainly seen Clenbuterol in hair up to six months,” said Arthur. “It could probably stay longer, we just haven't tried to look at it. We did a lot of hair testing for Clenbuterol in Quarter Horses at Los Alamitos. Trainers have contended that horses past six months have tested positive.”

After learning about how long after administration Clenbuterol can be found in a hair sample, Englehart started to do the math. The horse broke down exactly five months and six days after the purchase at OBS. That means, Englehart contends, that it is entirely possible that someone gave the horse the drug before he purchased it and that he could be suspended for something someone else did.

“(HIWU) say it's in the horse's system, so you are guilty,” said Englehart, who is still training while awaiting he results of the split sample test done on the Classic Empire colt. “It doesn't matter to them that it can stay in the system for up to a year and I only had the horse for less than six months. That's completely unfair. They are trying to upend my life.”

The unraced colt was sold for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The consignor was Vinery Sales and the purchaser was Juan Centeno. The latter, who sells under the name of All Dreams Equine, turned around and put the horse in OBS June. It was one of five horses who successfully went through the ring, including a horse named She She's Shadow (Bucchero), who was also purchased by Englehart.

When asked if She She's Shadow was tested and what the results were, Alexa Ravit, the director of communications & outreach for HIWU, said in an email response to the TDN: “HIWU cannot comment on what horses have been sampled or their subsequent test results beyond what is published on our website in accordance with the ADMC Program's public disclosure requirements.”

Englehart's theory is that Centeno gave the Clenbuterol to the horse in hopes that it would help the colt have a fast pre-sale workout. The horse put in a two-furlong breeze in :22.

“I don't know the gentleman from All Dreams Equine,” Englehart said. “I just know it had to be him because I know it wasn't me.”

Centeno did not respond to emails, text messages and phone calls from the TDN requesting a comment.

Englehart alleged that Clenbuterol use is “rampant” at the 2-year-old sales.

“This horse was probably training on (Clenbuterol) right up to day he sold,” Englehart said. “It's very well known that Clenbuterol use is rampant at sales. Every trainer knows that. I think if they did a hair test on every horse 70 to 80 percent would be positive for Clenbuterol.”

Under OBS's conditions of sale, no medication may be administered within 24 hours of a horse's under-tack performance. Several specific medications may not be administered on the sales grounds or present in a test sample, including Clenbuterol. OBS tests around 10-15% of the horses who are going to sell, but does not do hair-sample tests, just blood and urine. This colt was not one of those randomly tested in June, the sales company said.

Tom Ventura | Patty Wolfe

When asked to elaborate on the sales company's rules regarding Clenbuterol, OBS President Tom Ventura said every step possible is taken to make sure that no horse in the sale has been given that particular drug.

“With our policy for bronchodilators, including Clenbuterol, we were ahead of the racing curve, because the sales companies have the ability within the conditions of sale to put policies in place maybe a little quicker than jumping through the regulatory hoops that are required at the racetracks,” Ventura said. “OBS, in October of 2019, prohibited bronchodilators. Period. In any animal at any level, in any type of sale.

“Since the very beginning of the tests, I think we had two early on who tested positive and didn't go through the ring, so two positives that we have had for Clenbuterol in four years. I know there weren't any in the last year. We test them as they're coming off the racetrack, and then the buyers have the right to test when they sign the sales ticket. We haven't had any returns for Clenbuterol from those tests.”

In limbo while awaiting the results of the split sample, Englehart has continued his own investigation. He believes the answer to his problems may lie in what is called a segmented drug test, which can provide a time line so far as when a drug was used.

According to the website cellmark.co.uk, by segmenting head hair samples into monthly one-centimeter sections, a month-by-month historic profile of drug use can be obtained. That goes for humans and horses.

If the segmented test shows that the Clenbuterol was administered prior to the day when Englehart bought the horse, it would seem to prove his point that someone else must have given the drug to the horse and lead, he believes, to him being exonerated.

Englehart has sent a hair sample off to the lab at Texas A&M and asked it to do a segmented test.

“I'm just hoping they look at the science and I don't have to do the suspension,” he said.

The problem is that he doesn't know if HIWU will also do a segmented test. Will they? Have they? HIWU won't say.

“HIWU cannot publicly comment on the specific facts of pending cases, including whether segmented analysis was conducted on samples taken from specific horses,” Ravit said in another email.

Finger Lakes | Sarah Andrew

That's not reassuring to Englehart, who points out that the problem extends beyond sales. Horses often change hands, whether being bought at auction, being claimed or being privately purchased, and if they test positive for Clenbuterol through hair tests it would be unfair to automatically penalize the person who had the horse at the time it tested positive.

“The average horseman who bought a horse or has a horse in their possession for only a short period of time, they can't be dropping the hammer on them when something can still show up in these tests after a year,” Englehart said. “You have to know when the horse was given the Clenbuterol.”

We posed this question to HIWU: “Could a horse be given Clenbuterol by someone prior to being transferred to a new trainer and test positive? That would mean the current trainer would be getting penalized for something someone else did. Is this a plausible scenario?”

Ravit's response did not answer that question.

“HIWU cannot comment on the specific questions regarding Englehart's pending case, including the samples collected and type of testing conducted on Fast Heart 2021, the expected timeline to receive the B Sample results, and the plausibility of his defense,” she wrote. “Additionally, HIWU cannot speculate on the adjudication of the hypothetical case you described, for the outcome would depend on the specific facts of the case.”

Englehart is worried that he is running short on time. Once the results of split sample are in and as long as it also shows the presence of Clenbuterol, he will be facing what could be an immediate suspension that can last as long as two years.

“I'm just hoping that the tests comes back and vindicates me,” he said. “I will fight this as hard as you can and take this as far as necessary. I'm ready to take it to the courts. Meanwhile, this has been a nightmare for me.”

Dan Ross contributed to this story.

The post Facing A Two-Year Suspension For Clenbuterol, Trainer Jeffrey Englehart Says They’ve Got The Wrong Guy appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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On June 18, the Taylor-trained Cajun Cousin (Cajun Breeze) allegedly tested positive for Methylphenidate and Clenbuterol, both of which are banned substances. Two days later, Taylor sent out Classy American (Uncle Lino), who tested positive for the same two substances. Classy American finished second in a starter allowance while Cajun Cousin finished second in a $10,000 claimer.

Cajun Cousin would go on to win a $10,000 claiming race at Parx on July 12, before the results of the positive test had come back. She was claimed on July 12 by trainer Michael V. Pino for Smart Angle LLP. Under the Horseracing Integrity and Safety Authority (HISA)'s Anti-Doping and Medication Control (ADMC) program, a claim shall be voided if “the horse has a positive test for a prohibited substance.”

Methylphenidate is sold under the name of Ritalin, a common drug given to people battling attention deficit hyperactivity disorder. It has not been approved by the U.S. Food and Drug Administration (FDA) for use in horses. Clenbuterol is used for respiratory ailments but is also known for having steroid-like properties that can build muscle mass.

Taylor faces a suspension of up to two years.

Taylor led all trainers at Parx in 2019 when he had 103 winners. Training since 2010, he has 328 career wins from 2,011 starters.

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“HISA's horsemen portal experienced a technical error earlier this morning,” read the statement released Tuesday afternoon. “An IT team was testing the functionality of vet entries for Clenbuturol and accidentally pushed it to production instead of keeping it in test mode. Since it was dummy/test data, it caused many horses to be put wrongly on the HISA Vet's list for Clenbuterol. The issue was quickly identified and all horse records were corrected by 9 a.m. ET. This error did not affect any horse's ability to enter a race. HISA apologizes for any issues this may have caused.”

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The conditions of the agreement call for Mullins to serve 15 days of the suspension, with the remaining 15 days conditionally stayed.

The stewards' ruling, dated Jan. 7, stated that Mullins is “placed on probation for ONE YEAR from the date of this ruling and may not have any violation of CHRB Rules and Regulations…regarding Class I, II or III drug substances. The term of suspension shall be from Jan. 9, 2023, through Jan. 23, 2023. If JEFF MULLINS violates a condition of the probation, FIFTEEN DAYS of stayed suspension shall be imposed following a notice and hearing.”

The positive for clenbuterol (a bronchodilator), which under CHRB rules is a Class 3, Penalty Category B violation, occurred in the gelding Inch (Violence), who won a $50,000/NW3L starter-allowance grass sprint Aug. 25.

Daily Racing Form's Steve Andersen reported that during the suspension, Mullins's son, Jeff Jr., will be the official trainer.

The post Trainer Mullins Suspended, Fined for Clenbuterol Positive in Del Mar Winner appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The suspension is set to begin May 7, 2022 and continue through May 6, 2024 and comes after Axmaker appeared before the Monmouth Park stewards Dec. 7. Axmaker has appealed the decision.

The story was first reported by the Blood-Horse.

Axmaker has maintained that the incident was an accident and the result of a container of Clenbuterol being mislabeled as aloe vera. According to the ruling from the New Jersey Racing Commission, Axmaker instructed a stable employee to administer aloe vera to the horse Wishful on or about May 4, 2021. The commission maintains that Wishful died about five days later as a result of the Clenbuterol overdose.

Axmaker said that Wishful was not the only horse accidently given the Clenbuterol and that the others recovered.

Maintaining his innocence, Axmaker took to Facebook to explain his side of the story.

“Sometimes accidents happens and, unfortunately, a life was lost because of it,” his Facebook post begins. “Anyone that knows me knows my horses are like my family to me and the last thing I want to do is hurt them.”

He continued: “Last May I headed for Monmouth which was an 18hr straight haul. I had half of my stable already there with two of my employees. We unloaded my horse trailer as the rain was falling. We had a group of people unloading my belongings into the tack rooms. A container of clenbuterol I used at other tracks to clean up lungs I had stored in my horse trailer was accidentally unloaded and later that evening was misjudged for aloe Vera juice by one of my employees as I left them responsible for feed time that day. Which I never do, but after an 18hr straight haul all you want to do is rest. One of my 15 horses who received this ended up colicing and was treated heavily for days and later lost her life because of this. I feel horrible this all happened as my employee who administrated it did as well. Now I'm facing the consequences of a two year sentence and a $5k fine for a complete accident I did not commit! Just so all you know the truth.”
Clenbuterol is among the more controversial drugs in the sport. It can be used to deal with respiratory problems, but also has properties that act like steroids.

Axmaker, 33, is currently racing at Tampa Bay Downs. He has 117 career wins and was 1-for-38 last year at Monmouth.

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The opinion and order filed Dec. 8 by Judge Mary Kay Vyskocil in United States District Court (Southern District of New York) follows a verbal ruling she made Nov. 4 during a status conference that denied all of the related motions made during the late summer by Jason Servis, Seth Fishman, Lisa Giannelli, Erica Garcia, Michael Tannuzzo, Alexander Chan and Rick Dane, Jr.

“The Court has considered all of the arguments raised in all of the suppression motions filed in this case and has concluded that none warrants the suppression of evidence or a hearing,” Vyskocil wrote. “To the contrary, based on the Court's careful review of the application for each challenged wiretap order and search warrant, there is no question that the issuing judicial officer in each instance had a substantial basis for the finding of probable cause.”

Some of the challenged evidence included conversations recorded off the phone of now-barred trainer Jorge Navarro, who has since pleaded guilty to one count in the years-long Thoroughbred drugging conspiracy.

Intercepted calls included statements about Navarro obtaining and/or using purported performance-enhancing equine drugs, such as an unregulated version of clenbuterol, “trays of red acid,” and “24 bottles” of a substance. Other evidence included Navarro discussing the “doping and hiding” of a horse, the use of a “shock machine,” and even the now-infamous Monmouth Park video recorded by a bar patron in which Navarro celebrated a 2017 win by boasting about “juicing” horses.

“In challenging the Navarro wiretaps, the defendants unpersuasively attempt to 'dissect' the affidavits and argue that individual pieces of evidence did not establish probable cause,” Vyskocil wrote. “Garcia, joined by Tannuzzo and Servis, argues that the government did not establish that the aforementioned '24 bottles' were a prohibited substance. The government was not required to prove, in an application for a wiretap, that when Navarro said, 'Grab me…24 bottles,' he conspired to purchase and use a prohibited substance. Rather, it was required to offer evidence that, in a 'totality-of-circumstances' analysis, there was a 'fair probability' that Navarro was involved in a horse doping fraud scheme.”

Vyskocil also noted the extensive review process that was required before numerous other judges originally signed off on those wiretaps, which occurred over the course of 18 months prior to the March 2020 arrests of several dozen alleged conspirators.

“At least 13 judges independently found probable cause to authorize 15 different applications to begin or renew wiretaps,” Vyskocil wrote. “At least 10 magistrate judges found probable cause for search warrants.”

The order continued: “The defendants also challenge the Navarro wiretaps and other wiretaps that incriminated them on the ground that the government had failed to exhaust alternative investigative techniques. Their arguments are wholly unpersuasive…. The law in this Circuit is clear that wiretapping is appropriate to investigate conspiracies where 'the clandestine nature of alleged conspiracies makes them relatively less susceptible to normal investigative techniques'…

“Moreover, the government explained, none of the confidential sources had gotten close to Navarro and approaching him at that point was more likely to raise his suspicions than yield information. Affidavits in support of other wiretap applications cited this and additional evidence that the conspirators were cognizant of the need to maintain secrecy.”

Vyskocil summed up: “Certain defendants insist that the government should have been required to do more drug testing or more extensively investigate financial records. However, the government is not required to exhaust any particular avenue of investigation before seeking a wiretap. Moreover, as various affidavits made clear, the conspirators were using drugs that were designed to be undetectable by racing industry drug tests and went to great lengths to avoid creating financial or other records.”

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“[Out-of-competition testing] is a really good tried and tested format of catching medication violations well before they become an issue during a race,” Butler said. “There's not a great deal of out-of-competition testing done in Florida, so I felt that rather than waiting for HISA to eventually kick in or waiting for the state [to act], we've got house rules we can implement ourselves and we should start to use them. I was pretty disappointed with the amount [of positives] that came back from the first round. But we've done a bunch more testing since and I've had a 0% positivity rate. I'm not everybody's cup of tea because I'm a little bit blunt. I do run out of words eventually to spin things. And I am sick to death of people not doing it the right way. We've got enough problems in the game, so the silly things like this where people are either not paying attention or not giving a crap, we aren't going to stand for it and we're going to keep pushing.”

Butler also spearheaded the suspension of jockey Carlos Lugo for being suspected of stiffing a horse in a race earlier this month that contained irregular betting patterns. Once again, Butler had words of warning for any other riders or trainers looking to pull off similar schemes in the future.

“You haven't heard the last of me reacting like I did with anybody caught messing around,” he said. “My background was as a bookie so reading races was my shtick. How stupid can you be? All of us see it. Maybe things in the past were a little bit laxer. They bloody ain't now. So if people want to keep trying it, great, but things are going to gradually get worse and worse for them. And if people start to skirt it that much, they are absolutely not going to be welcome at any track I have anything to do with. It's, again, one of those really, really disappointing things that people think they can get away with.”

Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, the New York Thoroughbred Breeding and Development Fund and Legacy Bloodstock, the writers reacted to the extra scrutiny Bob Baffert's horses will be subject to for the Breeders' Cup, analyzed the trends in the 2021 report of mares bred and discussed what the role of the NTRA should be going forward under new leadership. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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