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New ARCI Chair Calls For Unity And Suggests HISA Reform

Commissioner Doug Moore, the new Chair of the Association of Racing Commissioners International, made inaugural remarks Monday. Per a release from the ARCI, Moore called for unity amongst the racing industry along with reforms to HISA.

Speaking about how penalties are assessed, Moore noted: “Previously, these fines varied from jurisdiction to jurisdiction, creating an illusion of inconsistent application of the rules. But the fact of the matter is that uniform fines are anything but uniform. Fines were and need to be assessed based on the financial structure of individual tracks. An equal fine assessed to a trainer at a track running for a purse structure of up to $500,000 per day is not the same as one given to a trainer racing where the daily purses are $100,000 per day.”

Moore's full remarks can be viewed on the ARCI website.

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Asmussen Stables To Pay $205K in Penalties, Reimbursements Following DOL Investigation, Litigation

Steve Asmussen Stables has entered into a settlement agreement with the U.S. Department of Labor to reimburse grooms and hotwalkers nearly $130,000 to resolve violations of the federal H-2B worker program, which enables businesses to employ temporary visa workers, according to a release from the Department of Labor. Asmussen was also assessed civil money penalties of just over $75,000 for its violations in addition to the wage penalties.

According to the release, this is the fourth time in recent years that Asmussen has been ordered to make payments to workers, having most recently been ordered to pay more than a half-million dollars in back wages and damages. The DOL investigation in this instance found that the employer violated numerous commitments that it made during the H-2B application process to employ workers in the state of New York. The violations were said to have occurred between December 2016 and December 2019.

According to the release, the violations included:

Failing to pay workers for costs they incurred during travel to and from the U.S. at the beginning and end of the racing season, including visa fees;

Seeking and obtaining kickbacks from workers, supposedly to cover Asmussen Stables' attorney fees;

Employing workers outside of New York, contrary to statements made to the government;

Overstating the number of H-2B workers needed by the employer and;

Not disclosing material terms of the position to potential U.S. job applicants, such as that free housing may be available onsite.

“H-2B workers too often find themselves vulnerable to wage shortages and other violations of their rights,” explained Wage and Hour Division District Director David An in Westbury, New York. “Employers like Steve Asmussen Stables who employ H-2B workers must comply with the law or face sanctions, including fines and potentially being barred from the program.”

The settlement also includes enhanced compliance measures, including hiring of an independent monitor by the stable to conduct regular audits, providing workers with updated training in languages they understand, forbidding certain managers from being involved in the H-2B program and allowing the division to provide training to Asmussen Stables' H-2B workers regarding their rights.

“The U.S. Department of Labor will pursue all necessary legal avenues to obtain proper compensation for employees and prevent future violations by employers,” explained regional Solicitor of Labor Jeffrey S. Rogoff in New York. “This settlement reimburses these underpaid workers, requires Asmussen Stables to pay penalties and seeks to change this employer's behavior and prevent future violations by providing an independent monitor to perform regular audits.”

The division's Long Island District Office conducted the investigation. Department of Labor Senior Trial Attorney Jacob Heyman-Kantor litigated the case for the division before the Office of Administrative Law Judges. View the consent findings and the order approving the findings.

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THA: What You Need To Know About New HISA Drug Sanctions

With the Horseracing Integrity and Welfare Unit's (HIWU) first pending rulings for medication and anti-doping related violations having just been made public, the Thoroughbred Horsemen's Association (THA) issued a reminder Thursday of the possible sanctions under this new federal framework.

As the THA points out, taken as a whole the penalty scheme under the Horseracing Integrity and Safety Act (HISA) is significantly more stringent than that imposed previously by state commissions.

These new sanctions pertain to medication positives and other anti-doping related infractions that come after May 22, when HIWU's Anti-Doping and Medication Control (ADMC) program went into effect.

Two of the pending final rulings issued on HIWU's website concern the possible possession of banned substances–namely the thyroid medication Levothyroxine. The other concerns the possible presence of cobalt, another banned substance, in a test.

The trainer facing possible sanctions for an alleged cobalt positive is Mario Dominguez. The horse in question is Petulant Delight. According to HIWU, the date of the alleged violation is May 24, the same day Petulant Delight won a claiming race at Parx Racing. HIWU provides no other details on the circumstances behind the alleged violation.

As the THA points out, all Anti-Doping violations “which include the Presence of, Use or Attempted Use of, Possession of, or Administration or Attempted Administration of a Banned Substance” carry a potential two-year suspension and a fine of up to $25,000.

Click here for a list of “Banned Substances” under the ADMC Program.

Provisional suspensions for these violations are imposed immediately and can only be lifted through a provisional hearing.

When it comes to the “Use or Attempted Use or Administration or Attempted Administration of a Controlled Medication Method”–like milk-shaking–the possible penalties are as follows:

1st Offense, 60 days, up to $5,000 fine or 5% of the purse, loss of purse

2nd Offense within a 2-year period, 90 days, up to $10,000 fine or 10% of the purse, loss of purse

3rd Offense within a 2-year period, 120 days, up to $25,000 or 25% of the purse, loss of purse

All “Controlled Medication Violations” result in the loss of the purse. Class A and Class B violations result in a suspension for a first offense, and more than one Class C offense in a two-year period will also result in a suspension.

Click here for a list of Controlled Therapeutic Medications.

The possible penalties for Controlled Medication violations are as follows:

Class C

1st Offense, up to $500 fine, loss of purse

2nd Offense within a 2-year period, 15 days, up to $1,000 fine, loss of purse

3rd Offense within a 2-year period, 30 days, up to $2,500 fine, loss of purse

Class B

1st Offense, 15 days, up to $1,000 fine, loss of purse

2nd Offense within a 2-year period, 30 days, up to $2,500 fine, loss of purse

3rd Offense within a 2-year period, 60 days, up to $5,000 fine, loss of purse

Class A

1st Offense, 60 days, up to $5,000 fine or 5% of purse, loss of purse

2nd Offense within a 2-year period, 90 days, up to $10,000 fine or 10% of purse, loss of purse

3rd Offense within a 2-year period, 120 days, up to $25,000 fine or 25% of purse, loss of purse

According to the THA, HIWU chief of science, Mary Scollay, advises trainers to give the barn, tack room and feed room a regular thorough cleaning. Ensure that all medications are properly labeled and stored, and remove any banned substances or expired medications from the premises.

Contact Scollay if you have a question about any supplements you may be using. You can text her a photo of the label to (859) 489-7677 to help determine if it is considered a banned substance.

Click here for more information about dietary supplements.

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Diodoro Fined $1,000 at Oaklawn After Class 4 Positive

Robertino Diodoro, currently second in wins and fourth by earnings in the Oaklawn Park trainer standings, had a fifth-place finisher from three months ago disqualified via stewards' ruling Monday because of a Class 4 dexamethasone positive.

Although the DQ ruling itself did not impose a fine upon Diodoro, a separate stewards' ruling fined him $1,000 under the “absolute insurer” clause.

By issuing a separate fine, the Oaklawn stewards handled Diodoro's Class 4 positive similar to how they did in 2020 when Diodoro had two winners and a fifth-place horse disqualified for the prohibited use of two different Class 4 substances detected in post-race testing.
The DQ'd horse from the Mar. 7 ruling was Storm Advisory (Weigelia), who now gets demoted to sixth and last in the first race from Dec. 10, 2021. Split-sample testing confirmed the result, and Diodoro waived his right to a hearing. It was not immediately clear if any appeal would be lodged.

Dexamethasone is an anti-inflammatory listed as a Class 4/Penalty Category C prohibited substance on the Association of Racing Commissioners International's uniform classification guidelines for foreign substances.

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