Keystone Integrity Teams Sweep Presque Isle To Parx

Uncovering loaded needles and syringes to apprehending an assistant starter who was in possession of a controlled substance, seasoned integrity teams conducted searches and seizures last week across a pair of Keystone State racetracks.

Led by the Pennsylvania State Horse Racing Commission staff, the sweeps took place first in Erie at Presque Isle Downs before spending three days downstate at Parx Racing in Bensalem through Saturday's GI Pennsylvania Derby.

As part of their integrity program, the Commission once again put together a group of investigators–this time from nine states, plus representatives from England–and set them to work policing the barns and stable gates.

“We do this as part of our commitment to the integrity of horse racing in the Commonwealth and for the safety and security of the horses involved,” said Director of Enforcement, Jason Klouser. “The Commission is able to assemble such a large team of investigators through the contacts made from the Organization of Racing Investigators, whose members are the best and brightest when it comes to enforcement at their local tracks.”

The Organization of Racing Investigators, known as ORI, is a membership organization composed of specialists who are employed by state racing commissions and racetracks. The members' tradecraft helps protect the sport and perform a myriad of duties from combating allegations of race fixing, stopping horse doping, and breaking up nefarious activities in the barn areas. Their network fights a host of other offenses which are committed against equine athletes. The Pennsylvania Racing Commission is a regulatory agency, however, ORI members in various other states are commissioned law enforcement agents. No matter their standing, all investigators are essential when it comes to enforcing the rules.

In the lead up to the big day at Parx, the Commission's integrity teams moved across the state in an effort to maintain the integrity of horse racing in the Commonwealth.

Car search at Parx Racing | PSHRC

“The Commission utilizes all industry assets at our disposal to ensure a level playing field for all participants,” Klouser said.

Conducting enforcement operations in the barn area and searching vehicles entering the stable gate at both Presque Isle Downs and Parx yielded results.

Based on updates through the Commission's website, Ruling No. 23096PI was handed down to trainer William Joseph Dowling, when a search found him with two loaded needles and syringes. The 6-year-old dark bay state-bred gelding Saketumi (Maclean's Music) was scratched from the seventh race Sept. 18 and a summary suspension was issued by the board of stewards Sept. 21.

Shifting the search to Parx last Friday and Saturday, Assistant Starter Luis A. Gonzalez Jr. was found in possession of a controlled substance and paraphernalia. Ruling No. 23254PP indicated that Gonzalez was in possession of a methamphetamine pipe containing residue and marijuana. He was summarily suspended by the Parx Board of Stewards Sept. 22.

“The Pennsylvania Horse Racing Commission is incredibly proactive at the state level and will continue to liaise with organizations in order to strengthen the integrity of horse racing and the health and safety of the equine athletes,” said Klouser. “The Racing Integrity Team was a collaborative effort between the Pennsylvania State Horse Racing Commission, Parx Racing, Presque Isle Downs, and the Pennsylvania Thoroughbred Horsemen's Association.”

Click here to access the state's rulings portal.

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Weekly Stewards And Commissions Rulings, Aug. 8-14

Every week, the TDN 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 TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

California
Track: Del Mar
Date: 08/10/2023
Licensee: Brian Koriner
Penalty: $1,000 fine
Violation: Out-of-competition medication violation
Explainer: Trainer Brian Koriner, who worked out the horse Resilient at Santa Anita Park May 18, 2023, is fined $1,000.00 and assessed one half (1/2) point in accordance with California Horse Racing rule #1843.4 (Multiple Medication Violations – Expires 2/10/24 pursuant to California Horse Racing Board rule #1887 (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board rule #1843.1 (b) (Prohibited Drug Substances – Methocarbamol [Class 4] Second Offense in the last 365 days).

Track: Del Mar
Date: 08/11/2023
Licensee: Lisa Bernard, trainer
Penalty: Suspended license, $1,000 fine
Violation: Failure to appear for steward hearing
Explainer: Trainer Lisa Bernard, having failed to respond to written notice, to appear for a formal appeal hearing before the Board of Stewards at Del Mar Racetrack on August 8th, 2023, remains suspended as ordered in LATS Ruling #54 dated April 28th, 2023, issued at Santa Anita Park, Hollywood Meet. Furthermore, Lisa M. Bernard is fined $1,000.00 for violation of California Horse Racing Board Rule #1840 (Veterinary Practices and Treatments Restricted – non-prescribed Acepromazine) and Rule #1842.5 (Trainer to Maintain Medication Treatment Records) at San Luis Rey Downs. Prior to reinstatement of licenses Ms. Bernard is required to participate in a Fitness for License Hearing in addition to payment of fine.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

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

Violations of Crop Rule
Belterra Park
Isaias Florentino Ayala – violation date Aug 9; $250 fine but no further records of the ruling
William Vernon Bush – violation date Aug 10; No records of the ruling
William Vernon Bush – violation date Aug 10; $250 fine but no further records of the ruling

Del Mar
Kent Desormeaux – violation date Aug 12; $692.50 fine and one-day suspension, 8 strikes

Horseshoe Indianapolis
Joe Ramos – violation date Aug 10; $250 fine but no further records of the ruling

Penn National
Anthony Salgado – violation date Aug 8; $250 fine but no further records of the ruling

Pending ADMC Violations
Date: 07/22/2023
Licensee: Dick Clark, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Kissed a Cadet, who won at Prairie Meadows on 7/22/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/20/2023
Licensee: Randy Preston, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Fly Home, who won at Belterra Park on 7/20/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/08/2023
Licensee: Jim Lewis, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Clenbuterol–a banned substance–in a sample taken from Hughie's Holiday, who won at Ruidoso Downs on 7/8/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/08/2023
Licensee: Sergio Alvarez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Mischief Mame, who finished third at Emerald Downs on 7/8/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/07/2023
Licensee: Ramon Rechy, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Night Livin, who won at Horseshoe Indianapolis on 7/7/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/04/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Wegonahaveagood, who won at Los Alamitos on 7/4/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/02/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Keep Your Coil, who won at Los Alamitos on 7/2/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/01/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Catbernay, who won at Los Alamitos on 7/1/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/25/2023
Licensee: Benjamin Feliciano Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone and Methocarbamol–both Controlled Medications (Class C)–in a sample taken from Orville Street. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Resolved ADMC Violations
Date: 06/28/2023
Licensee: Tina Chamberlin, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Rosebud Ryde. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 06/8/2023
Licensee: Climaco Galindo-Torres, 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.
Alleged Violation: For the presence of Salicylic Acid–Controlled Medication (Class C)–in a sample taken from Delaney's Grace who finished eighth at Belterra Park on 6/8/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance.

Date: 06/02/2023
Licensee: Bernard Dunham, trainer
Penalty: 7-day period of Ineligibility beginning on August 5, 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.
Alleged Violation: For the presence of Albuterol–Controlled Medication (Class B)–in a sample taken from Afandi, who finished second at Pimlico on 6/2/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance.

Date: 06/02/2023
Licensee: Jeffrey Poole, trainer
Penalty: 22-month period of Ineligibility for Covered Person beginning on June 13, 2023; a fine of $10,000; and payment of $8,000 in arbitration costs.
Alleged Violation: Possession of a Banned Substance, Levothyroxine (Thyro-L). Rule 3214(a): “Other Anti-Doping Rule Violations Involving Banned Substances or Banned Methods. The following acts and omissions constitute Anti-Doping Rule Violations by the Covered Person(s) in question: (a) Possession of a Banned Substance or a Banned Method, unless there is compelling justification for such Possession.”
Read more on the story here.

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Horseracing Integrity And Welfare Q&A: Denali Stud’s Craig Bandoroff

The Horseracing Integrity & Welfare Unit (HIWU) provided this Q&A with questions submitted by Craig Bandoroff of Denali Stud.

Although I've read explanations and have had people try to explain it to me I still don't understand why we test to such a small level.  As I understand it a picogram is one-trillionth of a gram.  How can that have any affect on a 1200-lb horse?  Why do we test to such a small level?  Are we using the ARCI recommended guidelines?

It is important to remember that a picogram is a measure of weight, not potency. While some legal drugs are more potent and are administered in low doses, others are less potent and require larger doses to achieve their intended effects. This is why the Screening Limits used by HISA are different depending on the substance.

It is also important to note that substance concentrations are reported “per milliliter.” Thus, the picogram amounts you read in a lab report must be multiplied by approximately 50,000 to reflect the total milliliters of blood that can be found in a horse.

The Horseracing Integrity and Safety Act requires HISA to adopt the standards used by the International Federation of Horseracing Authorities (IFHA), which are followed in nations around the world and independent of the ARCI's guidance, as a starting point. The IFHA's Screening Limits and Thresholds are vetted by the European Horseracing Scientific Liaison Committee, which is composed of veterinary pharmacologists, regulatory veterinarians, chemists, and other racing regulators, before being approved by the IFHA. There are certain substances, e.g., phenylbutazone, for which the ADMC Standing Committee decided to deviate from the IFHA's published recommendations based on additional science and industry-specific insight.

Everyone agrees the ultimate goal is to keep honest people honest and dishonest people afraid to break the rules.  And that the objective is not to penalize trainers and owners that make honest inconsequential mistakes but rather catch the cheaters. Are we doing enough to catch the cheaters and those taking advantage of the system?  The objective isn't to penalize honest trainers and subsequently their owners for honest mistakes that result in an insignificant overage and that don't affect a horse's performance, is it?

The Anti-Doping and Medication Control (ADMC) Program is designed to detect and deter those who intentionally try to break the rules, thus compromising the integrity of the sport and the welfare of equine and human athletes. The Program includes a test distribution plan that will focus on utilizing testing resources in a manner that will both detect and deter violations, including thorough intelligence-based target testing.

In addition, sanctions associated with Anti-Doping Rule Violations, which include the use or administration of substances that are prohibited from being present in a horse at any time (Banned Substances), are intended to be harsh.

However, there are significantly less severe penalties for offenses related to legal Controlled Medication Substances. For example, the penalty for a first offense related to a Class C medication such as phenylbutazone or methocarbamol is the disqualification of race-day results and a fine of up to $500. There is no suspension.

For many types of cases, direct penalties for the Covered Person(s) involved can be reduced or eliminated depending on the degree of fault determined by the adjudicator(s) hearing the case.

Promoting integrity of the competition and welfare of the horse are two key pillars of the ADMC Program. In support of these two principles, the regulations require that disqualifications are upheld for positive tests regardless of fault in acknowledgment of the fact that the integrity of the race and/or the welfare of the horse may have been compromised by the presence of a Prohibited Substance in the horse's system.

On a national scale, HIWU's team includes an investigations unit that will utilize data science, intelligence from local investigators and racing officials, e.g., stewards and regulatory veterinarians, and information received from HIWU's anonymous whistle blower platforms. This group's objectives are to identify and catch those who commit violations of the Program, especially the most egregious offenses. HIWU Director of Intelligence & Strategy Shaun Richards brings 23 years of experience with the FBI and initiated and directed the criminal investigation that ultimately resulted in the indictments of more than 30 individuals, including trainers Jorge Navarro and Jason Servis.

What are we doing about positives that are possibly the result of contamination or human error? I was involved in a case that it seemed that the positive was a result of contamination at some point.  A Hall of Fame trainer with a pristine record had a horse test positive for a sedative drug he said he doesn't use and the horse was never given.  The horse ran his eyeballs out that day. My owner lost the $40,000 purse. We think the sample was contaminated or perhaps nefarious behavior took place, or someone along the chain of testing made a mistake.  I guess a positive is a positive and if you break the rules you are going to be penalized.  Even so, that's not what we should be trying to do in regulating horse racing, is it?  Do we have anything in place to address these types of situations?

The ADMC Program includes an Atypical Findings Policy that is intended to address cases of environmental contamination.  Under this Policy, if a laboratory detects the presence of the following types of substances, it will report the result as “Atypical,” NOT “positive”:

Specified Substances that pose a higher risk of being present due to environmental contamination, e.g., caffeine, cannabinoids, ractopamine, scopolamine, zilpaterol;

Endogenous substances, e.g., testosterone; or

Substances that pose a high risk of contamination but have yet to be identified.

When an Atypical Finding is issued, an investigation will be launched by HIWU, and the horse's trainer and/or owner will have the opportunity to provide information that can explain the presence of the substance. Examples of evidence could include proof that the horse consumed feed or bedding that was shown to have been contaminated with the substance in question. The trainer could also provide veterinary evidence indicative of the levels of the substance present in the horse naturally.

If HIWU determines that the Atypical Finding was due to environmental contamination and/or that the substance was not exogenously administered based on information gathered, the laboratory result will be considered negative, and no further action will be taken in connection with the result. Consequently, there will be no loss of purse money or imposition of any other sanctions.

The Atypical Findings Policy is intended to protect trainers from being punished for substance exposures beyond their control.

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RMTC Completes Analysis Of HISA Withdrawal Guidance

The Racing Medication and Testing Consortium's Scientific Advisory Committee has now completed its analysis of HISA's proposed ADMC screening limits and detection times and has developed a withdrawal guidance limited to RMTC's schedule of Controlled Therapeutic Substances. This withdrawal guidance is based on existing research and administration data. The complete withdrawal guidance, which is subject to change, can be found here.

The intention is for the RMTC to provide the industry with scientifically derived information to aid attending veterinarians and horsemen in making medication decisions and to avoid preventable errors, promote compliance with HISA's regulations, and provide all available information in advance of HISA's expected ADMC implementation date of March 27.

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