Tag: Federal Trade Commission

Weekly Stewards And Commissions Rulings Dec. 26–Jan. 1

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, trainer Jimmy Corrigan has been provisionally suspended as a result of his trainee, Stay Lost–who won at Belterra Park on Oct. 7 last year–testing positive for Methamphetamine.

HISA currently lists Methamphetamine–a common human recreation drug–as a banned substance, which comes with a possible two-year suspension. With banned substances under HISA, responsible parties are subject to a provisional suspension, prior to a full hearing, if the B sample confirms the positive test result from the A sample.

As part of a list of proposed rule changes before the Federal Trade Commission (FTC), drugs like Methamphetamine could be re-categorized as human substances of abuse.

If the FTC accepts this rule change, the trainer could still possibly face a provisional suspension for a “human substances of abuse” violation, if the B sample analysis confirms the original positive test result.

“However, the trainer would not be subject to a suspension of more than 60 days (for a first violation) if HIWU accepts that the positive test was more likely than not the result of unintentional transfer or contamination,” wrote a Horseracing Integrity and Welfare Unit spokesperson.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 08/16/2023

Licensee: Robert Leaf Jr., 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. Final decision by internal adjudication panel.

Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Laddie Dance, who won at Delaware Park on 8/16/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/29/2023

Licensee: Lacey Gaudet, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Graceful Union. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/14/2023

Licensee: Robert Lucas, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Shake N Fries. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/21/2023

Licensee: Webster Gayle, 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. Final decision by HIWU.

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Tankinator, who finished sixth at Delaware Park on 10/21/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 12/08/2023

Licensee: Kevin Martin, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Strings. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 12/06/2023

Licensee: Patricio Venzor (listed on Equibase as owner, listed on the HISA portal as trainer)

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Phenylbutazone–Controlled Medication (Class C)–in a sample taken from Desert Danger. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/03/2023

Licensee: Angel Sanchez-Pinero, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Le Vin, who finished second at Laurel Park on 12/3/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/25/2023

Licensee: Jesus Romero, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Diclofenac–Controlled Medication (Class C)–in a sample taken from Blake B, who won at Aqueduct on 11/25/23. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/01/2023

Licensee: Steve Miyadi, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dimethylsulfoxide—Controlled Medication (Class C)—in a sample taken from Dorie Miller, who won at Golden Gate on 12/1/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/25/2023

Licensee: Jaime Ness, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Glycopyrrolate–Controlled Medication (Class C)–in a sample taken from Ournationonparade. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/21/2023

Licensee: David Meridyth, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Wild Firewater, who won at Zia Park on 11/21/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/17/2023

Licensee: Amador Sanchez, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Soy Una Dama, who won at Gulfstream Park on 11/17/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/07/2023

Licensee: Jimmy Corrigan, trainer

Penalty: Provisionally suspended

Alleged Violation: Medication violation

Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Stay Lost, who won at Belterra Park on 10/7/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Violations of Crop Rule

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

Golden Gate Fields

Jose Carlos Montalvo–violation date Dec 26; $250 fine, one-day suspension

Santa Anita

Edwin Maldonado–violation date Dec 26; $250 fine, one-day suspension, one strike over the limit

Jose Verenzuela–violation date Dec 31; $500 fine, one-day suspension, five strikes over the limit

OTHER KEY RULINGS

The TDN also 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.

California

Track: Santa Anita

Date: 12/30/2023

Licensee: Umberto Rispoli, jockey

Penalty: Four-day suspension

Violation: Careless riding

Explainer: Jockey Umberto Rispoli, who rode Mo Fox Given in the fifth race at Santa Anita Park on December 29, 2023, is suspended for FOUR (4) racing days (January 6, 7, 12 and 13, 2024) for failure to make the proper effort to maintain a straight course in the stretch, causing interference; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding–second offense in the last sixty (60) days).

The post Weekly Stewards And Commissions Rulings Dec. 26–Jan. 1 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval

Edited Press Release

The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment.

Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's Regulations Page.

HISA's proposed changes to the Racetrack Safety rules were developed after months of dialogue with and feedback from racing participants across the country, including HISA's Horsemen's Advisory Group. During this time, the proposed rules were shared with industry members for two rounds of informal comments and published on HISA's website for additional industry input. All in, HISA's Racetrack Safety Committee received, reviewed and considered more than 600 comments from racing participants. The proposed changes submitted to the FTC today were reviewed and approved by HISA's Racetrack Safety Committee and full Board of Directors.

When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect.

The post HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court

A federal judge has stayed a 14-month-old lawsuit initiated by the states of Louisiana and West Virginia that is trying to wipe out the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations, ordering the case to be “administratively terminated” until the United States Fifth Circuit Court of Appeals makes a ruling in a separate suit in which the Horsemen's Benevolent and Protective Association (HBPA) is also alleging HISA is unconstitutional.

However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling that, “This Order shall not be considered a dismissal or disposition of this matter,” and that he was halting the case while the Fifth Circuit decision played out “without prejudice to the right of the parties to reopen the proceedings.”

This means the plaintiffs (the two states are joined by the Louisiana racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, West Virginia's racing commission, and five individuals regulated as “covered persons” under HISA) and the defendants (the HISA Authority, the Federal Trade Commission [FTC], plus overseers of both entities) must now await the decision–likely to be issued months from now–that will result from the Fifth Circuit oral arguments scheduled Oct. 4.

In 2 1/2 weeks, the National HBPA and 12 of its affiliates will be trying to prove claims that the 2022 rewrite of the HISA law remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

The HISA Authority and the FTC will go into those same arguments backed by a lower court's opinion issued in May that ruled HISA is indeed constitutional, because “Congress cured the unconstitutional aspects of HISA's original approach.”

It's also on the judicial record that the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of HISA back in March.

One day prior to Judge Doughty's ruling, Magistrate Judge David Ayo wrote in a report that recommended staying the Louisiana case that the multiple, overlapping anti-HISA lawsuits currently swirling in the court system are clogging federal dockets.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that [an amended complaint the plaintiffs had filed] is the result of deliberate strategy” that equated to “an abuse of procedure and an impermissible use of judicial resources,” Judge Ayo wrote in his Sept. 13 report.

The original lawsuit in this case was filed June 29, 2022, alleging that HISA violates the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

The post Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

HISA, FTC Link Grim Headlines to HBPA’s Desire for ‘Status Quo’

In two separate court filings Thursday, the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) both sharply criticized the National Horsemen's Benevolent and Protective Association (NHBPA)'s decision to seek an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program.

What stood out was that neither the HISA Authority nor the FTC shied from trying to link the NHBPA's desire to maintain the “status quo” to the grim headlines that have dominated the sport over the past week.

“Seven horses died in the lead up to last weekend's [GI] Kentucky Derby,” the FTC's opening line in the May 11 filing stated. “Reporters, not mincing words, observed that the accidents 'overwhelmed' the [D]erby with 'the stench of death.' Congress passed HISA in 2020 to protect horses and prevent these kinds of tragedies, but the Horsemen Plaintiffs have repeatedly challenged the statute and the FTC's implementing rules.”

Drawing similarly from recent adverse events, the HISA Authority's response referenced a May 9 New York Times story that broke the news of Forte's failed New York State Gaming Commission drug test that ran under the sub-headline, “Horse racing is again caught up in a controversy.”

The HISA Authority alleged that, “Plaintiffs' request for 'state regulation' to forestall the federal regulatory scheme Congress mandated would plunge the industry back into the 'existential crisis' of inconsistent regulation [and] recent headlines provide fresh reminders…”

United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) will now have to weigh those assertions against those filed by the NHBPA in its May 5 request for the ADMC injunction.

The lawsuit initiated by the HBPA to try and derail HISA on alleged anti-constitutionality grounds is now past the two-year mark. The thrice-delayed ADMC is on target to begin in 10 days.

On Mar. 15, 2021, the NHBPA and 12 of its affiliates sued the FTC and HISA Authority personnel, seeking to permanently enjoin the defendants from implementing HISA, bringing claims under the private-nondelegation doctrine, public nondelegation doctrine, Appointments Clause, and the Due Process Clause.

Judge Hendrix dismissed that suit on Mar. 31, 2022. But the NHBPA plaintiffs appealed, leading to a Fifth Circuit Court reversal on Nov. 18, 2022, that remanded the case back to the Lubbock Division. In the interim, an amended version of HISA was signed into law Dec. 29, 2022. That fix was designed to make HISA compliant with the constitutional defects the Fifth Circuit had identified.

On May 6, 2023, Hendrix validated the newer version of HISA as constitutional. Now the NHBPA is planning another appeal back to the Fifth Circuit, and it wants the ADMC's rollout stopped while that process plays out.

The May 5 filing by the NHBPA explained the reasoning behind its request:

“An injunction is necessary because the industry cannot endure 'seismic change' in the short term that is undone shortly thereafter. The courts should not put the industry on a roller-coaster where the ADMC rules are in effect from May 22 to [some future date when] they go out of effect again if the Fifth Circuit finds the amended law unconstitutional.”

Hendrix, in a May 8 order, told the HISA Authority and the FTC that they had to reply to the NHBPA's motion for an injunction within 72 hours, signaling that he did not plan to let this decision linger.

“Plaintiffs are neither entitled to that relief nor to any other remedy,” the FTC's May 11 filing stated. “And the equities–both equine and otherwise–point decidedly against Plaintiffs.”

The FTC alleged that it “makes no difference that Plaintiffs previously prevailed on their nondelegation challenge before Congress amended HISA. And they do not argue about their chance of success on any of their other theories…. Because Plaintiffs stand almost no chance of success, their motion for a stay should be denied on that basis alone.”

The HISA Authority's filing put it this way: “Congress, the Executive, and both federal courts [have] come to the same correct conclusion: the Act is now constitutional. The HBPA Plaintiffs nevertheless ask for the extraordinary relief of an emergency nationwide injunction pending appeal…

“While Plaintiffs' speculation about irreparable harm from the ADMC rules is at best conflicted, an injunction of the ADMC rules would inflict certain injury on Defendants and the public interest,” the HISA Authority's filing stated.

“These final two factors weigh heavily against halting a federal regulatory scheme that has long been planned and that enjoyed substantial compliance in its brief initial rollout…”

“Because Plaintiffs have not shown that their appeal has substantial merit (let alone a likelihood of success) and have not demonstrated that the balance of equities tilts in their favor at all (let alone heavily), the Court should deny Plaintiffs' motion for an injunction pending appeal,” the HISA Authority's filing stated.

The post HISA, FTC Link Grim Headlines to HBPA’s Desire for ‘Status Quo’ appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights