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Ward Hit With 15-Day Suspension For Monmouth Positives

Trainer Wesley Ward has begun serving a 15-day suspension after a horse he trained tested positive for the substances naproxen and metformin following a July 15, 2022, race at Monmouth. Ward's suspension began June 23 and ends July 7. He was also fined $2,000.

The Paulick Report was first with the story.

The infraction occurred in a five-furlong maiden special weight race on the turf with the gelding Insanity It Seems (Tale of the Cat), who won by 2 1/4 lengths. The horse, who is also owned by Ward, has not run back since.

Ward said he did not consider filing an appeal.

“What are you going to do?” he said. “When you appeal and go down that road things can get tough and you wind up paying a lot in lawyer bills.”

Because there were positives for two drugs, the penalties could have been more harsh, but, according to co-counsel Drew Mollica, the Monmouth stewards concluded that the presence of metformin in and of itself did not warrant a significant fine or suspension.

“The science proved that the metformin was at such a trace amount that they concluded there were mitigating circumstances,” said Mollica, who was co-counsel along with Darrell Vienna. “They took into account that metformin was a derivative of contamination. The penalty is indicative of the finding that only the naproxen was an issue and that the metformin was a result of contamination. Without the mitigation, the penalty could have been much harder. So we are appreciative of the New Jersey Commission paying attention to the science and buying into our argument.”

Naproxen, also known as the over-the-counter analgesic Aleve, is a regulated anti-inflammatory drug. According to the website Equimed.com, it can be used in horses to treat lameness, musculoskeletal pain from soft tissue injury, muscle soreness and bone and joint problems. Metformin is a human drug prescribed for type II diabetes. In horses, it may be prescribed if a horse cannot exercise due to laminitis, or if insulin levels are very high.

Ward said he did not know how the naproxen got into the horse's system.

“I shipped to Monmouth to another trainer's barn and his staff ran the horse for me,” he said. “He's a great friend of mine and when the results came back, I was surprised to hear what happened. I know the rules are rules and the stewards have to do what they have to do. I'm just going to try to keep doing the best I can.”

The Monmouth race marked the second time Ward has had a positive for metformin. His Averly Jane (Midshipman) tested positive for the drug in the April 28, 2021 Kentucky Juvenile S. at Churchill Downs. That offense resulted in a 15-day suspension.

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Attorney, Trainer Vienna Joins Epistolary Exchanges on HISA

As the deadline looms for congress to insert language into the full year-end omnibus spending bill to fix constitutional question marks surrounding the Horseracing Integrity and Safety Act (HISA), proponents and critics of the law have taken to an epistolary standoff.

Last week, trainers Wesley Ward and Larry Rivelli issued a letter through the National Horsemen's Benevolent and Protective Association (HBPA) critiquing various aspects of the national program for “too many flaws, missteps and costs that could have been averted with true inclusion and transparency in its development.”

Earlier this week, HISA CEO Lisa Lazarus conducted a zoom conference with Ward, along with attorney and former trainer Darrell Vienna, to grapple with the points raised in Ward's letter.

Issued Wednesday, Vienna released his own open letter to Lazarus, addressing six main points that he said were discussed during Monday's zoom conference.

The topics cover Vienna's thoughts on the financial assessments, the way in which therapeutic and illegal substances have been divided, the new system of detection times and screening limits vs. the old system of withdrawal guidelines and thresholds, HISA's environmental contamination policy, industry input into HISA's working framework, and the new whip rules.

Substantively speaking, Vienna's letter overlaps the contents of an open letter Charles Scheeler, the chair of the HISA board of directors, issued Tuesday addressing what he sees as “misinformation” about the law, in the process arguing that HISA's drug testing program protects “good-faith horsemen,” that HISA's rules “seek to protect” small racetracks and racing jurisdictions, and that HISA has “consistently sought feedback from horsemen” across the country. Read Scheeler's full letter here.

In his open letter, Vienna writes that there is “an apparent and obvious inequity” in the way HISA has calculated its fee assessments.

“For example,” writes Vienna, “Charles Town's annual purse money ($35,000,000) and Keeneland's annual purse money ($32,000,000) are similar; however, Keeneland's HISA Assessment is half of Charles Town's HISA assessment.”

Vienna also takes issue with HISA's environmental contamination protocols, which appear to include only a slim number of substances.

“The vast majority of prohibited substances are not subject to the Atypical Findings Policy. The Policy only applies to initial findings of HISA specified substances, endogenous substances, ractopamine, zilpaterol, and substances not listed on the Prohibited Substances list,” Vienna writes.

“Contrary to HISA's assertion of trainer friendliness, HISA's policy is among the most trainer unfriendly contamination policies in horseracing because it excludes a vast number of substances from the Atypical Findings Policy,” Vienna adds.

Ultimately, writes Vienna, “HISA rules have not been so tested and do not appear superior to ARCI model rules. Rather than rewriting the book, it may be better to see those model rules adopted and enforced uniformly throughout racing jurisdictions. If there was a concerted effort toward that goal, I believe that uniform racing and medication rules would already be the law of the land.”

Read Vienna's full letter here.

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Red Baron’s Barn and Rancho Temescal’s Jed Cohen Passes Away

California's Red Baron's Barn and Rancho Temescal–the nom de course of the Cohen family–lost the stable founder and the Cohen family patriarch, Jed Cohen, Sunday, Nov. 27. Cohen passed away in Del Mar at the age of 89 after battling health issues for the past few years.

Among the top horses raced by the Cohens–sometimes in partnership–were GISWs Janet (GB) (Emperor Jones), River Boyne (Ire) (Dandy Man {Ire}), and Dr. Schivel (Violence). The stable most recently took the leading owner title at the 2022 Santa Anita fall and winter meets and is currently leading the Del Mar meet. Their most recent win came in the final race Saturday at Del Mar in an optional allowance with Percolate (Ire) (Sir Percy {GB}). The operation often bought ready-made racehorses in Europe and had success in bringing them to compete stateside.

According to his son, Tim Cohen, Jed Cohen had been involved in horse racing for about 61 years and was brought to the sport through his own father's pocket-change forays in the Big Apple.

“His father loved horse racing,” said Tim. “His father and three other people would pool 50 cents together to make a $2 bet in New York.”

A backbone of the California racing industry for decades, Jed Cohen's “greatest achievement,” said Tim, was the “the achievement of others. He was always immensely happy with everyone associated in the victories. His greatest victory was the joy of others.”

That, “and he just had this genuine love of people and horses,” said Tim. “We never wanted the last race out of a horse. We always wanted them treated the right way. If there was a problem, we stopped. He never wanted a horse to run if it wasn't exactly right.”

Former trainer Darrell Vienna, who enjoyed tremendous success with horses racing in Cohen's colors, concurs.

“He was the perfect owner. If a horse needed rest, he absolutely insisted on it. His attitude was, 'let's do the best by the horse,'” said Vienna, who estimated that he had known Cohen for more than 30 years.

“He was just a really special person,” Vienna said. “After I retired from training, we kept in close contact. We spoke regularly about racing, about life and politics.”

Though an astute handicapper, Cohen kept it small–like his own father. “A big bet for him would be $20. He just loved analyzing races,” said Vienna. “I'll miss having access to his wisdom and his kindness. He was an exceptional listener–he was always paying attention. He was just a unique, extraordinary person. He's a big loss to horse racing but an even bigger loss to anyone who knew him.”

Cohen is survived by his wife, Bobbie; as well as his children Tim, Mark, and Linda; and two grandsons.

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Wesley Ward Suspended and Fined by KY Stewards

Trainer Wesley Ward has been suspended 30 days and fined $500 as a result of Averly Jane (Midshipman) testing positive for the diabetes medication metformin after winning the Kentucky Juvenile S. at Churchill Downs on Apr. 28 last year, according to a recent Kentucky stewards ruling.

Fifteen of those 30 days have been stayed, however, due to Ward's overall record and number of violations, and on condition that the trainer receives no Class A or Class B medication violations over the next year.

Ward will serve the other 15 days of the suspension between Jan. 26 and Feb. 9.

Averly Jane was also disqualified and all purse monies are forfeited, according to the stewards ruling dated Jan. 25.

Not an equine medication, metformin is among the most commonly prescribed human medications in the U.S. It is used in the treatment of type II diabetes, reducing glucose production in the liver and the uptake of glucose by the intestine.

The Association of Racing Commissioners International classify it a Class 2B drug.

According to Ward's attorney, Darrell Vienna, Ward had not administered metformin to Averly Jane and that all the evidence suggests it was a case of environmental contamination.

As such, Vienna said that he presented the following question to the stewards.

“What is more plausible: That a trainer like Ward with an international reputation would have administered or caused to be administered an easily detectable substance with no impact on performance in minute quantities? Or that it resulted from contamination of feed, hay, human contact?”

According to Vienna, “there was not a single bit of evidence on the regulatory side other than the detection of a small amount of this substance in the horse's system.”

That amount, Vienna said, was in the parts per billion.

According to Vienna, the nature of the violation didn't warrant a suspension.

“I searched all the records in the United States and I found two prior cases [of metformin positives] that resulted in $1,000 fines,” Vienna said.

Vienna also explained that in 2019, the Kentucky legislature approved a rule change essentially modifying the trainer absolute insurer rule “by permitting trainers to introduce what they deemed substantial evidence of mitigating circumstances for which a lesser or no penalty would be appropriate.”

The mitigating circumstances in this case, Vienna argued, further supported the rendering of a fine only.

After her win in the Kentucky Juvenile S., Averly Jane had two easy victories in the Skidmore S. at Saratoga and in the Indian Summer S., at Keeneland.

Her last racecourse appearance was a fifth-place finish in the GII Breeders' Cup Juvenile Turf Sprint.

Averly Jane is owned by Hat Creek Racing, a partnership led by Keeneland's vice president of racing, Gatewood Bell, himself a former Kentucky Horse Racing commissioner.

Over the last 10 years and comprising 4,615 starts, Ward has been penalized for two other medication violations, according to the Thoroughbredrulings website.

The KHRC issued Ward a $500 fine when Arcelor tested positive for methocarbamol after finishing first in the fifth race at Turfway Park on Dec. 2, 2016.

Prior to that, the New York State Gaming Commission served Ward a 30-day suspension and $1,000 fine after Sunset Time tested positive for clenbuterol after finishing third in the second race at Belmont Park on June 20, 2012.

“It happened and that's it,” said Ward, at the time. “I'm responsible for whatever the stewards give me. It is what it is. There are a lot of reasons it took so long for this to get resolved. It's for a medication I used to use to keep the lungs clean and everything working good. Unfortunately, this particular filly went over the permitted level. The rules are different now, and I don't use it at all.”

In June of 2020, the Florida Division of PariMutuel Wagering issued Ward a written warning after Summer Sangria tested positive for omeprazole sulfide, otherwise known as the ulcer medication Gastrogard.

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