What It Takes For A Reporter To Call Out A Cheating Trainer

We received a frustrated letter to the editor this past weekend with a familiar tune. A horse had won a graded stakes race in impressive fashion, continuing a trend of improved form that had started after the horse left the barn of one trainer for another. Why, the reader asked, did they not see coverage of the race dotted with warnings or aspersions about the trainer and his horse's meteoric rise?

It's a question we've heard before when a trainer has what a horseplayer considers an unusually high win percentage or when a horse turns in a dominant performance.

'Why are you too scared to just say the guy is cheating?' people will ask, usually with too many exclamation points. 'Why do you promote these trainers all the time?' they'll write at the end of a race preview or recap.

There are a few reasons we elected not to run that letter, and a few reasons we're not going to put out articles accusing someone of illegal activity based on suspicions or statistics.

First of all, it's important to understand there are different types of coverage on this and other publications. In our case, stories fall into the basic categories of news, features, and investigations.

If a trainer who readers are suspicious of wins a big race, we cannot pretend they didn't win it. We have to report on the results of that race. Likewise, when a trainer has a top contender for an upcoming race, we have to acknowledge that. These types of stories tend to come with quotes from owners, jockeys, and yes, trainers. Quotes may or may not ring as genuine to us or to our readers, but our job as reporters is to report those quotes and that information accurately. It is not for us to opine on them in those spaces.

Secondly, we get a lot of questions about why we don't “expose” a trainer for what a reader may believe is obvious cheating. Many readers may not realize how difficult that is to do – or how much work goes into an investigation of any kind. For us to report on an illegal drug program, we need details. What substance is being given, how it's given, to which horses, when, and where it comes from. We need proof of all those details, and we need to be able to verify that proof independently. There are relatively few people with access to those details in a barn. Probably, it comes down to the trainer, the trainer's supplier, and some number of staff.

There's a reason it took FBI wire taps to reveal the web of connections between indicted trainers Jorge Navarro and Jason Servis and their alleged doping rings – it's because they believed they were giving horses a performance advantage that would benefit their connections financially, but only if they kept their programs a secret.

One section of the government's evidence included in the March 2020 federal indictment included a mention that Servis warned Navarro via text message about the presence of a racing official in the barn area where the two trainers allegedly stored and administered performance-enhancing drugs to horses. In a call later intercepted between Navarro and co-defendant Michael Tannuzzo, Navarro said “[H]e would've caught our assess [expletive] pumping and pumping and fuming every [expletive] horse [that] runs today.”

But he didn't catch them.

Trainers who are giving horses an illegal edge know how to evade testing, and they know to avoid being caught red-handed by the racing investigators who walk the barns daily in some (but not all) states. Their careers depend on keeping that a secret. They and their suppliers have financial incentive to make sure they leave no proof – in sales records, in the feed room, or, as we saw in the indictment, in veterinary records. They have power over their staff members, who would certainly lose their jobs if they reported their bosses and who may legitimately fear they'd never find work on the backstretch again if they crossed someone powerful.

A reporter like me – with limited access to barns, no subpoena power, and no wire taps – has two choices: call and ask a trainer if they're cheating, or hope someone on the inside can help me get the proof I need. The former isn't likely to help much, since they will either truthfully tell me they're not or lie. It will put them on notice, and if they're doing something they shouldn't be, they're probably going to take that activity more underground than it already was, making it harder for me or anyone else to catch them. The latter is extremely unlikely, but my inbox is always open.

I like to think the Paulick Report has gained the reputation it has for investigative reporting because of how carefully we verify our information before it's published. When pursuing something controversial, we try to not only report the story as fairly as we can, but to verify and reverify every detail to ensure our confidence in the facts we have. Sometimes that means leaving out salacious details, and sometimes it means passing on stories altogether if we can't get the evidence we need. We approach stories this way, yes, partly because we don't want to be hit with a libel suit, but also because we believe these standards foster trust in our readers.

None of this is to say that we don't have our own opinions about what we see out there – just that we can't base a true investigative story on an opinion and a win percentage. Opinions, after all, are like … well, you know the phrase.

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Thoroughbred Safety Coalition Announces Four New Reforms, Including Ban On Unauthorized 48-Hour Medication, To Platform

Today, members of the Thoroughbred Safety Coalition Steering Committee voted unanimously to adopt four new medical and operational reforms to further reduce the use of medication in racing, enhance consistency across racing jurisdictions and promote transparency. These new reforms set the stage for another productive year of advancing meaningful changes to strengthen the culture of safety in thoroughbred racing.

The Horseracing Integrity and Safety Act (HISA) ushered in a new era for a safer sport when it became law, and the Coalition supports the safety and integrity measures it outlines and the establishment of a central governing authority (the Authority). It is our intention to work alongside the Authority to achieve our shared goal of protecting the wellbeing of our equine athletes and the integrity of the competition to achieve a better sport for all. While industry experts, USADA and leaders outside of the racing industry work to fully implement HISA and establish the Authority in the coming year, the Coalition will continue to advance reforms that align with the programs laid out in the legislation at the state and track level.

To this end, the following reforms have been added to Coalition's platform:

  • Prohibit intravenous, intramuscular, transmucosal, topical, nasal and oral administration of medications and substances that are not specifically authorized within 48 hours of racing
  • Impose requirements for the identification and treatment of hypothyroidism in horses
  • Adopt testing and maintenance standards for racetrack surfaces
  • Advocate for the adoption of all facility specifications outlined in the RMTC's Test Barn Best Practices for onsite test barns and follow the protocols consistent with the Best Practices for sampling occurring at another location

“Building out our reform platform remains the Coalition's top priority as we continue to advocate for uniform measures that will protect the wellbeing of our horses and the integrity of our sport across state racing jurisdictions,” said Shannon Arvin, President and CEO of Keeneland Association Inc. “Testing, whether it's for racing surface consistency, hypothyroidism or controlled substances, strengthens accountability and ensures an even playing field.”

“HISA marks a significant achievement for our community and will benefit horses, participants and fans alike by implementing uniform anti-doping, medication control and racetrack operation measures. The Safety Coalition's mission directly complements the Authority's efforts and we look forward to working together,” said Drew Fleming, President and CEO of Breeders' Cup Limited.

“The work that goes into ensuring our athletes are racing under the safest and most transparent conditions possible is constant and requires collaboration across the thoroughbred community,” said Martin Panza, Senior Vice President of Racing Operations at the New York Racing Association. “The racetrack surface maintenance and testing protocols are the direct result of such collaboration led by the NTRA and the members of this coalition and will serve as the basis for HISA's racetrack operations program.”

Progress towards these commitments by TSC Steering Committee members can be found on the Coalition's Accountability Tracker.

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Kentucky Advances Clenbuterol Regulations; Turfway Switches Weekly Race Days

The Kentucky Horse Racing Commission (KHRC) advanced a proposal Dec. 8 that will create a set of new regulations designed to curb clenbuterol’s off-label abuse as a lean muscle mass builder.

The move is part of a trend this year among North American racing jurisdictions aiming to eliminate clenbuterol’s misuse as a performance enhancer while putting in place restrictions that will still allow the drug to be prescribed for its intended purpose as a bronchodilator to treat airway disease.

The new Kentucky rules on clenbuterol will require 1) A specific diagnosis for its prescription that must be filed with the KHRC within 24 hours of dispensing the drug; 2) The horse to be placed of the veterinarian’s restricted list for 21 days; 3) Proof via blood and urine testing that the horse’s system is clear of clenbuterol prior to being removed from the list and allowed to compete.

The regulatory switch will align Kentucky with a clenbuterol model rule enacted by the Racing Medication and Testing Consortium on Aug. 24. The Kentucky Equine Drug Research Council (EDRC), which serves as an advisory board to the KHRC, advanced its approval of these new clenbuterol guidelines at a Dec. 1 meeting.

The existing clenbuterol standard in Kentucky is a withdrawal time of 14 days.

One commissioner argued to no avail against advancing the new set of clenbuterol rules prior to the remaining KHRC members passing the initiative by a voice vote.

That lone dissenter was Alan Leavitt, a decades-long Standardbred owner and breeder and member of the Harness Racing Museum Hall of Fame.

“This is a case of punishing harness racing for the sins of the Quarter Horse people and the Thoroughbred people,” Leavitt said prior to the vote. He lamented the practice of trainers of those breeds “hammering a horse with clenbuterol” to gain muscle-building akin to steroids that give a horse a performance advantage and claimed that it has been “documented in harness racing with no incidences of abusing it.”

Leavitt echoed an argument voiced last week by Andy Roberts, DVM, who represents Standardbred interests on the EDRC, that harness horses should be treated differently than Thoroughbreds when it comes to clenbuterol because of the near-weekly frequently that Standardbreds generally race.

“I’m opposed to this, and I wish the do-gooders would just leave us alone because we don’t abuse clenbuterol, and it’s very helpful to keep our horses very safe,” Leavitt said.

Commissioner Foster Northrop, DVM, whose practice primarily focuses on Thoroughbreds, disagreed with Leavitt’s logic while urging passage of the new regulations.

“Any drug out there that has an ability to be misused and overused and to give a benefit that the drug wasn’t originally meant for needs stricter guidance than what we have now presently on clenbuterol,” Northrop said.

“The Quarter Horse crowd showed how easily it could be abused. And I know in the sales rings it’s being abused and in racing it’s being abused,” Northrop continued. “I can’t speak on the Standardbred side of it, but any drug like this…certain factions of people will find a way to abuse it.”

“We typically use it for horses that bleed,” Northrop said. “Horses that bleed automatically need a minimum of 21 days off. And this is when this product is very effective. We’re not putting the trainers in jail for using it the way it was meant to be used…. Everybody wants a level playing field. I think this rule is going to move us closer to having a more level field for all participants, and I’m [on the backstretch] every day of my life.

Commissioner Kenneth Jackson, an attorney specializing in equine law who represents harness racing interests in connection with the Kentucky Standardbred Development Fund and Kentucky Standardbred Breeders’ Incentive Fund, also urged for the KHRC to pass the new regulations.

“We’ve got to try to clean up what’s out there. We’ve got to try to get some consistency in the way we look at these animals. And I believe that this is not an issue that impacts the masses that would detrimentally affect the Standardbreds,” Jackson said.

Within the past year, a number of racing jurisdictions have tightened clenbuterol restrictions based on evidence showing the medication has been widely abused for its repartitioning effect that promotes lean muscle mass.

On Jan. 1, the California Horse Racing Board enacted a clenbuterol rule that requires a prescription for appropriate usage plus a stint on the vet’s list until the drug clears.

On May 1, the Canadian Pari-Mutuel Agency started banning clenbuterol 28 days out from race day at tracks country-wide. On Oct. 22, the Maryland Racing Commission advanced a rule proposal similar to California’s, and the New York State Gaming Commission did the same Nov. 30.

In addition, more restrictive clenbuterol “house rules” are in effect at Gulfstream Park and soon will be during the Oaklawn Park race meet.

New Schedule at Turfway

A Friday-through-Sunday schedule is out at Turfway Park for the winter/spring 2021 meet that runs from January through March, replaced by a new Thursday-through-Saturday weekly slate.

The KHRC unanimously approved the calendar amendment during Tuesday’s meeting, which does not change the initially granted number of 39 dates. In the KHRC meeting packet for this agenda item, the reason Turfway cited for the change was “a temporary hold on its 2021 construction schedule.”

Churchill Downs, Inc., the gaming corporation that owns Turfway, had announced back on Oct. 29 that it was stopping construction on Turfway’s planned new grandstand and historical horse racing (HHR) gaming facility until the state of Kentucky clears up the ambiguity surrounding the apparent illegality of HHR, which contributes tens of millions of dollars annually to purses in the state.

The old grandstand has already been torn down and Turfway will be conducting a no-spectator meet with temporary structures for racing officials. No Turfway executives elaborated on the stalled construction during Tuesday’s meeting, nor did any commissioners address that topic.

Post time will be 6:15 p.m. nightly. A Wednesday, Jan. 6, program is an exception to the new calendar, and Turfway retains the right to run “optional” dates on other Wednesdays (it had previously been granted optional Thursdays).

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Kentucky, New York Move Toward Tougher Restrictions On Clenbuterol

Trainers in several states could soon contend with tougher restrictions on the administration of clenbuterol, a bronchodilator prescribed for respiratory issues which veterinarians say can be misused. At a Dec. 1 meeting of the Kentucky Equine Drug Research Council (EDRC), committee members passed a proposed rule change for the drug which would move administration time from 14 days pre-race to 21 days pre-race, with a requirement the horse be tested for the substance before being cleared to run.

Clenbuterol is a beta-2 agonist which is known as an effective solution for horses battling respiratory ailments — a particularly common problem in racetrack barns which often have poor ventilation. Like other beta-2 agonists, however, it can also decrease body fat and increase muscle mass, particularly by converting slow twitch muscle to fast twitch muscle when used repeatedly.

At a September meeting of the EDRC, Kentucky Horse Racing Commission equine medical director Dr. Bruce Howard revealed that nearly 100 percent of Kentucky-based horses from trainers currently under federal indictment showed signs of clenbuterol administration when they were hair tested. Howard has also seen instances of veterinarians prescribing the drug to every horse in the barn.

The measure to move back the drug's administration time was not without debate. Dr. Andy Roberts, member of the EDRC and longtime Standardbred veterinarian, raised concerns about the harness population's ability to treat horses for illness under a 21-day withdrawal.

“I don't want to diminish the concerns about clenbuterol, because I think it's not illegitimate to want to control its administration to legitimate therapeutic purposes, however I think the Standardbreds are taking it quite strongly in the shorts in this because our horses race every week,” said Roberts. “There's almost no opportunity to put horses on clenbuterol already. Several other states already recognize this and have shorter withdrawals on clenbuterol.”

Roberts asked Howard whether out-of-competition testing at Red Mile had detected any clenbuterol use thus far, and Howard said it had not.

“That's because you've taken the drug out of my hands on a therapeutic basis,” said Roberts, who also maintained that the repartitioning effect of clenbuterol on muscle lasts for 11 days. “Passing rules based on speculation that somebody else is doing something — and I say this specifically from a Standardbred point of view because these horses are in to go often enough that you have already severely limited my ability to use this drug properly. People would rather leave horses sick and end up with pleural pneumonia than treat them with clenbuterol. That means we are over-regulating it.”

The 21-day window is based on the limit of detection by drug testing laboratories tasked with finding clenbuterol in a horse's urine sample. Blood and urine tests would be used to clear a horse to race after clenbuterol administration. Hair samples would show clenbuterol administration for up to six to twelve months after administration, but are highly variable depending on hair growth rates.

All EDRC committee members except Roberts voted for the increased restriction.

The vote comes a day after commissioners in New York expressed an interest in restricting clenbuterol use there, too. The Daily Racing Form reported the New York State Gaming Commission voted to require veterinarians to seek permission from the equine medical director before administering the drug, and that horses receiving clenbuterol must pass drug tests showing it has cleared the system before being permitted to run. That is similar to rule language being considered in other Mid-Atlantic states. In Canada, clenbuterol administration was pushed out to 28 days pre-race earlier this year. The American Quarter Horse Association announced a zero tolerance policy on clenbuterol in 2014, which has subsequently been picked up by several states where Quarter Horse racing is a central part of the calendar.

Experts have raised concerns about the potential for clenbuterol abuse for years, but the drug has made more headlines this year, as influential trainers like Mark Casse have called it one of the “most abused drug in our industry.”

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