Weekly Stewards and Commissions Rulings, Mar. 15-21

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

Among this week's rulings, an independent arbitration panel suspended trainer Jason DaCosta for 15 days (starting on Mar. 22) and fined him $1,000 after his trainee, Poker Partner, tested positive for Gabapentin when winning at Presque Isle Downs on July 18 last year.

Gabapentin is a class B controlled medication under HISA that is an FDA human-approved anticonvulsant used to treat conditions like epilepsy, postherpetic neuralgia and in the treatment of partial onset seizures.

Trainer Carla Morgan has also been suspended for seven days and fined $1,000 after her trainee, River City Rocker, tested positive for the presence of the sedative, Xylazine, for a vet's list workout on Jan. 2 this year.

 

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

Resolution Date: 03/14/2024

Licensee: Leon Minott, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Slender Slipper on 2/3/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/15/2024

Licensee: Carla Morgan, trainer

Penalty: 7-day period of Ineligibility, beginning on March 16, 2024; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from River City Rocker on 1/2/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/15/2024

Licensee: Jose D'Angelo, trainer

Penalty: A written reprimand

Alleged violation: Vets' list medication violation

Explainer: For the presence of Omeprazole and Cimetidine-both Controlled Medications (Class C)-in a sample taken from Sun Azteca on 2/14/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/18/2024

Licensee: Isidro Tamayo, trainer

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

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Silent Beauty on 1/28/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/18/2024

Licensee: Jose Jimenez, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.

Alleged violation: Pre-workout joint injection 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, Just Katherine. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/19/2024

Licensee: John Shirreffs, trainer

Penalty: A written reprimand.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Omeprazole (ulcer paste)-Controlled Medication (Class C)-in a sample taken from Sully on 2/12/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/20/2024

Licensee: Alejandro Gomez, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Flunixin-Controlled Medication (Class C)-in a sample taken from Tamanrassett on 1/25/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/21/2024

Licensee: Jason DaCosta, trainer

Penalty: A period of Ineligibility of fifteen (15) days, starting March 22, 2024; 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. Final decision by independent arbitration panel.

Explainer: For the presence of Gabapentin-Controlled Medications (Class B)-in a sample taken from Poker Partner, who won at Presque Isle Downs on 7/18/23. 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: 02/10/2024

Licensee: Jonathan Maldonado, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Capsaicin-Controlled Medication (Class B)-in a sample taken from Kapadokya, who won at Laurel Park on 02/10/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 03/02/2024

Licensee: Sally Rivera, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Stormy Joe on 3/2/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/20/2024

Licensee: Elliott Sullivan, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection 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, My d'Valentine. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/29/2024

Licensee: Riley Tucker Mott, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection 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, Brian. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 03/01/2024

Licensee: Philip Serpe, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection 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, Itsallcomingtogetha. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/20/2024

Licensee: Randy Preston, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Flunixin-Controlled Medication (Class C)-in a sample taken from Sharp Life, who finished fourth at Mahoning Valley on 02/20/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/28/2024

Licensee: Patricia Farro, trainer

Penalty: Provisionally suspended

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts (eg CoCl2)-a banned substance-in a sample taken from Knockout Win, who won at Parx Racing on 2/28/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 02/19/2024

Licensee: Michelle Nevin, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Betamethasone-Controlled Medication (Class C)-in a sample taken from Everlys Girl on 02/19/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/21/2024

Licensee: Michael Simone, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from The Bearrish One on 02/21/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/25/2024

Licensee: Adan Farias, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Misty Rain on 02/25/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/19/2024

Licensee: Blaine Wright, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Betamethasone-Controlled Medication (Class C)-in a sample taken from Wodeton, who won at Golden Gate on 01/19/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/18/2024

Licensee: Arnold Torres, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Its Thievery on 02/18/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Violations of Crop Rule

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

Oaklawn Park

Ramsey Howard Zimmerman – violation date March 15; $250 fine and one-day suspension

 

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: 03/16/2024

Licensee: Robert Henie, owner

Penalty: Restoration of good standing

Violation: N/A

Explainer: Owner Robert Henie, having satisfied a financial complaint filed by Linda Madsen (aka Milky Way Farm) for $6,450.00, is restored to good standing and California Horse Racing Board LATS Ruling #42 dated March 8, 2024, is set aside.

Track: Santa Anita

Date: 03/16/2024

Licensee: Gary Hartunian, owner/Peter Miller, trainer

Penalty: Payment of fees, surrender of ownership percentage

Violation: Financial responsibility

Explainer: Following a formal hearing held at Santa Anita Park on March 7, 2024, pursuant to California Horse Racing Board rule #1876 (Financial Responsibility – farm, training and hauling fees), it is ordered that Owner Gary Hartunian (dba Rockingham Ranch) pay Owner/Trainer Peter Miller the amount of $128.50 by April 1, 2024, whereby Peter Miller must surrender his 25% ownership of “Chasing Conquest” or pay $7,371.50 for farm, training and hauling fees to M Gary Hartunian by April 7, 2024, to retain 25% ownership. Failure to do so will result in the suspension of all licenses held by Gary Hartunian and/or Peter Miller.

Track: Santa Anita

Date: 03/17/2024

Licensee: Steve Knapp, owner-trainer

Penalty: 15-day suspension, $1,000 fine

Violation: Training soundness examination violation

Explainer: Owner/Trainer Steve Knapp, who trained Truest of True on January 18, 2024, at Santa Anita Park, is suspended for 15 days (April 1, 2024, thru April 15, 2024) and fined $1,000 for violation of California Horse Racing Board rules #1846.3 (Veterinary and Training Records for Horses Requiring Training Soundness Examination) and #1846.2 (Training Soundness Examination – no ninety-day examination).

Track: Santa Anita

Date: 03/17/2024

Licensee: Steve Knapp, owner-trainer

Penalty: $500 fine

Violation: Training soundness examination violation

Explainer: Trainer Steve Knapp, who trained Nickle Nickle Nine on September 21, 2023, at Santa Anita Park, is fined $500 for violation of California Horse Racing Board rules #1846.3 (Veterinary and Training Records for Horses Requiring Training Soundness Examination) and #1846.2 (Training Soundness Examination – no ninety-day examination).

Track: Santa Anita

Date: 03/17/2024

Licensee: Tiago Pereira, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Tiago Pereira, who rode Sketchy in the seventh race at Santa Anita Park on March 16, 2024, is suspended for 3 racing days (March 24, 29 and 30, 2024) for failure to maintain a straight course in the stretch and causing interference; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding).

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Gabapentin: What Is It?

The news last week that leading trainer Saffie Joseph Jr. has been suspended for 15 days and fined $500 by the Pennsylvania Racing Commission—pending appeal—after one of his trainees tested positive for the substance gabapentin after winning a graded stake at Presque Isle Downs last September, led to a collective head scratch.

What exactly is gabapentin?

“It is a drug that is used as an anti-convulsant in people. It is also used for neurotrophic pain—in other words, pain originating from nerves,” said former California Horse Racing Board (CHRB) director, Rick Arthur. “For example, if you have shingles, they're likely to put you on gabapentin.”

According to the government run MedlinePlus website, gabapentin is commonly prescribed to help control certain types of seizures in people who have epilepsy, and works by decreasing abnormal excitement in the brain.

Common gabapentin medications include Horizant, Gralise, and Neurontin.

Its use in human medicine has increased as an alternative pain relief to highly addictive opioids, said Arthur. But “frankly, it is not very effective,” he added, of the orally administered drug. 

Gabapentin is a Class 3, penalty category B drug according to the Association of Racing Commissioners International, meaning it is deemed to have certain uses in racehorses.

Under the Horse Racing and Integrity Act's (HISA) impending anti-doping and medication control (ADMC) program, gabapentin is listed as a category B controlled substance. This means it is permitted for use in certain windows. 

When HISA's ADMC goes into effect on March 27, a first-time gabapentin positive comes with a possible 15-day suspension, a fine of up to $1,000, and automatic disqualification of the race-day results.

According to HISA's chief of science, Mary Scollay, because gabapentin is listed in the HISA technical document as an anti-convulsant, “I expect there could be successful legal argument that it's not an analgesic.”

So, for what kinds of issues can gabapentin be used to treat in horses?

“It was advocated about 10, 15 years ago as a way to treat navicular disease,” Arthur said. “But that kind of fell apart as it didn't work.”

It is also used to treat lameness in horses, “but more as a desperation move when they don't know what it is,” he added.

Because of its use as an anti-anxiety medication in humans, some say it has the same potential off-label use for horses, too.

Neither Southern California-based private veterinarian, Ryan Carpenter, nor current CHRB equine medical director, Jeff Blea, are aware of gabapentin being used as a calming agent in racehorses. Though Blea admitted that it could have that effect. 

According to the CHRB's stewards rulings webpage, there have been roughly 18 individual gabapentin positives in California since 2005.

“For the most part, they were normally cases where the humans associated with the horse were on gabapentin,” said Arthur, explaining how most cases were ruled instances of environmental contamination.

“We have no idea how the transfer occurs. We were suspicious that it was secondary contamination from someone urinating in the stall but we never confirmed that,” he said. 

In one instance, an off-track veterinarian had prescribed gabapentin to a dog that was brought to the barn, said Arthur. 

“We assumed it was from urine,” said Arthur, when asked about how the transfer was made. “Why someone would let a dog urinate in the stall I don't know. 

While the relationship between a person or an animal prescribed gabapentin and a positive finding in a horse is clear “in most cases,” said Arthur, “there were a number of instances where there was no explanation for it other than the horse being administered gabapentin.”

According to Arthur, if the reported finding shows gabapentin at nanograms in the low single digits, that is typically an indication of environmental contamination. 

“If it's up over 15, 20 nanograms, I would expect that to be an intentional administration,” said Arthur. “We had one case around 100 nanograms, which would be impossible to explain by accidental contamination.”

The Pennsylvania Racing Commission did not publish the amount at which gabapentin was found in Artie's Princess's (We Miss Artie) post-race sample. However, Joseph told the TDN last week that the horse tested positive at a level that should be considered below the recognized threshold level.

Joseph also told the TDN that the horse was tested 24 hours before the race by the same laboratory. “The horse was negative and was then positive the next day when no vet treated her. How is that possible? The proof is in the pudding,” said Joseph. 

According to Arthur, “you would not expect this drug to work for more than 12 to 24 hours in any sense as an analgesic or pain reducing medication.”

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Sadler Fined, Suspended for Medication Violations

In a settlement agreement and mutual release with the California Horse Racing Board (CHRB), leading California trainer John Sadler has been fined $15,000 and handed a 60-day suspension–45 days of which are stayed–for three medication violations dating from 2019. The suspension runs June 29 through June 13.

As part of the agreement, Sadler has been placed on probation for one year, ending June 28, 2021. If he incurs any medication violations during that period, the 45 days of stayed suspension will be imposed following a noticed hearing.

As first reported in the Paulick Report, the CHRB stewards delivered their ruling Sunday, June 28.

The three violations occurred in April and May of last year. Jasikan (Ire) (Bated Breath {GB}), who finished third in the Singletary S. at Santa Anita Apr. 28, and Field Bet (Sidney’s Candy), fifth in a maiden claiming at Santa Anita Apr. 14, both tested positive for gabapentin. Sneem (Ire) (Sir Prancealot {Ire}), who won a maiden special weight at Golden Gate Fields May 10, tested positive for clenbuterol.

The Association of Racing Commissioners International lists both gabapentin and clenbuterol as Class 3/Penalty B medications.

Sadler finished the recently concluded six-month Santa Anita meet in sixth place on the trainers’ standings, with 18 wins and over $1.7 million in earnings, including the $360,000 that Combatant earned for winning the GI Santa Anita H.

Sadler provided the following statement on the CHRB stewards ruling:

“Trainers are liable for the condition of their horses regardless of the acts of third parties. The imposition of the trainer insurer rule requires only the detection of a prohibited substance in an official sample and identification of the trainer of the horse. The trainer insurer rule is not based on actual administration of a drug or negligent care. Fault is not an element of liability under the trainer insurer rule.

“The incidents covered by the settlement agreement and the penalties imposed under the agreement reflect the fact that these incidents resulted from circumstances beyond my control but which nonetheless are my responsibility. Two of these cases involved the passive transmission by a groom of a medication prescribed for his own medical condition. The other involved detection of a prohibited substance in a horse over which I did not have actual custody or control.

“I want to thank the CHRB for their consideration of the mitigating circumstances underlying these complaints in reaching this agreement. My decision to enter into the settlement agreement was based upon the costs involved in defending against these allegations and recognition of the impact of the trainer insurer rule. Over my 40 years as a trainer, I can unequivocally state that I neither administered nor had knowledge of the administration of any prohibited substance to any of my horses.”

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Sadler Fined $15,000, To Serve 15-Day Suspension For Three 2019 Medication Violations

California Horse Racing Board stewards have fined trainer John Sadler $15,000 and suspended him for 60 days, with 45 days of the ban stayed, for three medication violations in April and May 2019.

The ruling, dated Sunday, was the result of a settlement agreement and mutual release between Sadler and the CHRB that stayed 45 days of the suspension provided he has no additional Class 1, 2 or 3 violations during a probationary year that ends June 28, 2021.

Cited were violations of CHRB Rule 1887 (trainer or owner to insure condition of horse) and 1843 (prohibited drug substances: gabapentin and clenbuterol.

The horses that tested positive were Field Bet, fifth as the favorite in a $50,000 maiden claiming race at Santa Anita on April 14, 2019; Jasikan, third in the $100,000 Singletary Stakes at Santa Anita on April 28, 2019; and Sneem, first in a maiden special weight race at Golden Gate Fields on May 10, 2019.

The ruling does not address whether the horses will be disqualified and any purse money won will be redistributed. All three horses were owned by Hronis Racing LLC.

Gabapentin is commonly used to treat shingles or neurologic conditions in humans, but also as an analgesic for pain management for aging horses or those with laminitis. It is classified as Class 3/Penalty B under Association of Racing Commissioners International guidelines. Clenbuterol is a bronchodilator classified by RCI as Class 3/Penalty B. Since the dates of the violations, the CHRB has further tightened use of clenbuterol in horses.

Sadler issued the following statement about the sanctions:

“Trainers are liable for the condition of their horses regardless of the acts of third parties. The imposition of the trainer insurer rule requires only the detection of a prohibited substance in an official sample and identification of the trainer of the horse. The trainer insurer rule is not based on actual administration of a drug or negligent care. Fault is not an element of liability under the trainer insurer rule.

“The incidents covered by the settlement agreement and the penalties imposed under the agreement reflect the fact that these incidents resulted from circumstances beyond my control but which nonetheless are my responsibility. Two of these cases involved the passive transmission by a groom of a medication prescribed for his own medical condition. The other involved detection of a prohibited substance in a horse over which I did not have actual custody or control.

“I want to thank the CHRB for their consideration of the mitigating circumstances underlying these complaints in reaching this agreement. My decision to enter into the settlement agreement was based upon the costs involved in defending against these allegations and recognition of the impact of the trainer insurer rule. Over my 40 years as a trainer, I can unequivocally state that I neither administered nor had knowledge of the administration of any prohibited substance to any of my horses.”

According to ThoroughbredRulings.com, hese are the first medication violations for Sadler since he was fined $500 for a positive test for the Class 4 muscle relaxant dantrolene on Dec. 1, 2017. Prior to that he was fined in 2013 for a flunixin overage and twice in 2011 for methocarbamol violations.

Sadler's 15-day suspension begins Monday, June 29 and runs through July 13.

A licensed trainer since 1978, Sadler has won 2,551 races from 15,419 starts. His biggest career victory came in the 2018 Breeders' Cup Classic with Accelerate, who was voted an Eclipse Award as that year's champion older male racing on dirt.

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