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Trainer Lynch Plans Appeal After HIWU Arbitrator Imposes 4-Year Banned Substances Suspension

Natalia Lynch, a Belmont Park-based trainer who has been licensed since 2020, has been penalized with a four-year suspension and a $50,000 fine after a Nov. 9 Horseracing Integrity and Welfare Unit (HIWU) arbitration judgment found her to be in violation of two separate anti-doping rules, one for the presence of a banned substance (Altrenogest) in a horse, and another for possession of a different prohibited drug (Thyro-L).

Lynch's attorney, John Mac Hayes, told TDN Monday that the trainer plans to appeal the arbitration result to a Federal Trade Commission administrative law judge.

A post-race drug screening revealed Altrenogest in Motion to Strike (Competitive Edge) after Lynch shipped the gelding to Monmouth Park for a June 24 race.

Motion to Strike ran fourth as the 7-10 favorite, and a $5,000 claim was subsequently voided after the HIWU test results came back positive.

Altrenogest is sold under the several brand names, including Regu-Mate. It is used in veterinary medicine to suppress or synchronize estrus in female horses and pigs.

The website of the National Library of Medicine states that Altrenogest is “a commonly used progestogen for the suppression of oestrus and associated distracting behaviors that interfere with training and performance of female racehorses.”

The website also notes that Altrenogest is “structurally similar to the anabolic androgenic steroid.”

However, Matt Hegarty of DRF.com, who was first to report on Lynch's penalties, pointed out a notable coincidence regarding Lynch's Nov. 9 arbitration judgment and a separate document released by the Horseracing Integrity and Safety Act (HISA) Nov. 13 regarding proposed changes to the Anti-Doping and Medication Control (ADMC) program: The HISA Authority, Hegarty wrote, wants to reclassify Altrenogest as a controlled substance instead of its more severe “banned” status, “with recommended penalties starting at a fine of $500.” (The status change for Altrenogest was just one among numerous proposed rules changes outlined here.)

According to the decision written by arbitrator Bernetta Bush, a retired judge, when a HIWU investigator met Lynch at Belmont on July 20 to notify her of the Altrenogest adverse analytical finding, a search of the vehicle Lynch was driving revealed a container of Thyro-L, which is also banned under the ADMC rules.

Lynch had argued that the Altrenogest positive was cross-contamination as a result of Regu-Mate lawfully being administered to a filly that was supposedly housed in the stall next to Motion to Strike.

As for the Thyro-L, Lynch stated that earlier in the spring, she attempted to discard that newly banned substance by giving it to her mother. Yet she did not realize the drug had remained in her mother's vehicle instead of being thrown away. According to the arbitrator's report, Lynch said she was only driving her mother's vehicle on July 20 because she had lost the keys to her own car.

The arbitrator didn't buy the reasoning in either argument.

“Taken as a whole, Trainer Lynch has presented mere speculation, rather than competent evidence, regarding the source of the Altrenogest,” Bush wrote.

“[T]he uncontested evidence provided by Gregory Pennock, an investigator for the Agency whose testimony the Arbitrator credits as consistent with the record and not disputed with competent evidence, establishes that [the filly] was several–five to seven–stalls away from the Covered Horse, and that [the filly] had not been administered Altrenogest for five days before the day the sample was collected from [Motion to Strike],” Bush wrote.

“The record establishes that Altrenogest is administered orally and would have to be administered directly into the horse's mouth for contamination to occur, and that the amount detected in the sample is consistent with ingestion within 24 hours.”

Bush's ruling continued: “In connection with attempting to skirt liability, Trainer Lynch appears to have made many misrepresentations or inconsistent statements of fact which detract from the overall credibility of her testimony…. More specifically, regarding the Rules, the Arbitrator finds that Trainer Lynch bears significant fault for the presence of Altrenogest. This is not a case of simple negligence.

“Not only has Trainer Lynch failed to show any benign manner in which the substance entered the Covered Horse (a critical failure), but even if she had, Trainer Lynch had (and breached) a clear and unmistakable duty to protect the Covered Horse from any cross-contamination and otherwise comply with the Rules. No evidence presented mitigates the responsibility placed on Trainer Lynch by the Rules she is charged with disobeying.”

Taking up the charge of the Thyro-L, the arbitrator noted that Lynch had argued that her possession was not intentional, that she “wasn't trying to cheat,” and that none of the horses under her care had ever tested positive for that substance.

“Trainer Lynch offers many arguments to escape liability or mitigate the consequences of her unlawful possession, but none are persuasive such that she can carry her burden,” Bush wrote.

Hayes, Lynch's lawyer, classified the arbitrator's penalties as “unreasonably harsh.”

In a series of emailed bullet points, Hayes told TDN that the arbitrator “improperly discounted” expert testimony that was presented in Lynch's defense.

Hayes wrote that the arbitrator allegedly also “ignored the Federal Rules of Evidence and Civil Procedure” that have been established by the U.S. Supreme Court and instead “relied on International Law wholly inapplicable in federal court proceedings.”

Hayes also wrote that Regu-Mate is “not a doping agent” and that “no evidence of doping exists.”

Hayes added that the arbitrator allegedly “completely ignored” a different Regu-Mate positive “in a different horse who resided in the same barn where Natalia's horse had stood before racing.”

Hayes further claimed that “HIWU's own expert testified HIWU should have investigated the two positives coming from the same barn to determine if they might be related.”

According to a 2020 profile written by the Monmouth Park press office, Lynch, a Maryland native, had been enrolled in nursing school at Towson University when she started galloping horses a few years ago.

Lynch originally wanted to become a jockey, but switched her aspirations to training, the profile stated. She worked as an assistant to Brittany Russell, Jeremiah Englehart, and Ray Handal prior to getting licensed as a trainer, going out on her own three years ago when owner Al Gold offered to let her train nine horses from his Gold Square, LLC, stable.

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Proposed HISA Drug Control Program Rule Changes Sent For Public Comment

The Horseracing Integrity and Safety Act's (HISA) has sent a set of proposed changes to its drug control program to the Federal Trade Commission (FTC) for public comment.

The proposed changes to HISA's anti-doping and medication control (ADMC) program will be posted on the federal register. Historically, public comment has been for 14 days. It is currently unclear, however, exactly when the proposed changes will be posted to the federal register.

After the public comment period, the FTC will then decide which proposed changes to approve or deny. Until then, the current ADMC rules will remain in place.

The proposed changes–substantial in many parts–concern six different areas of the ADMC program, the red-lined documents for which can be read here: General Provisions, The ADMC Protocol, the Prohibited Substance and Methods list, testing and investigation standards, laboratory standards for accreditation, and arbitration procedures.

A slate of proposed changes includes the following:

A ban on the “injection or attempted injection” of any substance–prohibited or not–during the “Race Period,” though with certain extenuating circumstances. The race period is 48 hours before post-time or before a vet's list workout. The proposed rule change pertains to “any type of injection, including (without limitation) intravenous, intramuscular, intra-articular, peri-articular, peri-tendinous, epidural, intra-dermal, or subcutaneous.”

Updated rules on permissible actions from a “covered person” during a provisional suspension or a period of ineligibility, and revised sanctions for breaking these rules. This includes a ban on purchasing or claiming horses during this time, or from being “employed or otherwise engaged or contracted in any capacity involving Covered Horses.”

Revisions to split sample analysis, including a new provision requiring the relevant laboratory to “create a video recording of the opening and identification of the B Sample,” which ultimately will be sent to the responsible person and the horse's owner.

The document concerning “Arbitration Procedures” has been heavily revised regarding how arbitral body and internal adjudication panel members are selected, who can sit on them, and how such proceedings are conducted. They include expanding the arbitral body selection process to include possibly “contracting a third-party organization to administer the Arbitral Body.”

Updated sanctions for positive tests involving drugs deemed “human substances of abuse.”

These drugs include Cocaine/Benzoylecognine, Methamphetamine, Methaqualone, Methylenedioxyamphetamine (MDA), Methylenedioxyethylamphetamine (MDEA), Methylenedioxymethylamphetamine (MDMA), Oxycodone, Phencyclidine (PCP), and Tetrahydrocannabinol (THC).

In a press release, HISA wrote how the proposed changes to the ADMC rules “were developed after months of dialogue with and feedback from racing participants across the country,” including the horsemen's group advising HISA.

“During this time, the proposed rules were shared with industry members for informal comments and published on HISA's website for additional industry input,” the press release states.

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60 Minutes Airs Expose On Horse Racing Doping

The CBS news program “60 Minutes,” which aired Sunday evening included a segment that covered horse racing's worst problems, horses breaking down and dying and the use of performance-enhancing drugs on horses. 60 Minutes often reaches as many as 12 million viewers. The segment was hosted by correspondent Cecilia Vega.

Though the program gave ample time to Jockey Club Chairman Stuart Janney III, Horseracing Integrity and Safety Authority CEO Lisa Lazarus, Meadowlands owner Jeff Gural, and others who have been working to solve the problems, it left no doubt that the sport has pressing issues that if left unsolved threaten its existence.

“Horse racing has reached its moment of reckoning and we wanted to know, `can the sport really be reformed or is it too late?'” Vega said.

What followed was a recantation of the rash of fatalities that surrounded the GI Kentucky Derby and other major events, which included graphic footage of horses dying on the track.

“People who are not in your world see this headline of more than a dozen dead horses and they think, `what is going on in that industry?'” Vega asked Lazarus.

“My response is that HISA is here now and we're going to address it,” she said.

She continued: “There's clearly a problem that needs to be addressed and now we have some tools to fight it. We really owe it to those trainers who have spent their lives in this sport who have an incredible amount of integrity to get rid of those who tarnish this sport.”

It was not hard to get industry leaders to admit that doping is a major issue that has yet to be brought under control.

“(Doping) is a big problem,” Janney said. “It strikes at the integrity of the sport. There's nothing about it that is acceptable.”

Asked how the sport can clean itself up, Janney replied: “You put people away. You send them out of the sport and some of them go to jail.”

That very process began in March of 2020 when more than 33 veterinarians, trainers and drug distributors were charged by the Justice Department for using and manufacturing performance-enhancing drugs.

“The FBI said this led to broken legs, cardiac issues and in some cases death,” Vega said.

The show played wiretaps of conversations between convicted trainer Jorge Navarro and a another trainer in which Navarro bragged about how the drugs he was using made his horses run faster.

“I (expletive) gave it to this horse and this horse (expletive) galloped. He galloped,” Navarro said to the unidentified trainer.

“Amino acids?” the other trainer asked.

“Yeah, some amino acid injectable. Small bottle,” Navarro replied.

They also played wiretaps from harness trainer Nick Surick in which he spoke of how he was put in charge of disposing of horses that Navarro had killed.

The FBI was assisted by 5 Stones Intelligence, which was hired by The Jockey Club and Meadowlands owner Jeff Gural. Janney said 5 Stones was told to not be afraid to go after the biggest names in the sport, like Navarro and Servis.

“I said I'm not interested in you going in an finding a relatively unimportant person working in someone's barn who has made a bet they shouldn't have made or has done something immaterial to what we're talking about,” he said. “I want you to go after the important people that I think are corrupting the sport.”

Before they were arrested, Servis and Navarro were clearly worried they could be caught and that the penalties could ruin their careers. A wiretap caught them saying the following:

Servis: We can't do it in broad daylight, we got to do it like…”

Navarro: “I know. I'll keep it at my…I'll keep…I'll keep it in my car. I ain't worried about that.”

Servis: What about, what I am-I don't want people to see that (expletive). We are dead. We are dead.”

Shaun Richards, who was the lead FBI agent on the case that nabbed Navarro, Jason Servis and others, spoke a hopeful note, that the progress made with the arrests has put investigators, HISA and others on the right trail.

” We're right where we need to be,” he said. “We have a really good subject identified and we are getting fantastic evidence.”

Vega asked Lazarus “How long will it take to clean this up?”

“It will probably take years to be truly confident that we've got a fully clean sport,” she said.

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Coming Together For Golovkin

Standing in the first stall on the left in the Clark family's cozy barn at their farm in Springfield, Ky., ears pricked and head on a constant swivel in search of the next treat, Golovkin appears right at home. One would never guess that the 5-year-old gelded son of Mshawish had just shipped from Monmouth Park, nor that he was the center of Horseracing Integrity and Welfare Unit (HIWU) findings against his racing owner/trainer John Pimental.

The story was first shared by the TDN's T. D. Thornton on Oct. 20, detailing the life-changing ramifications for Pimental and his wife, Diana, stemming from Golovkin testing positive for 193 picograms per milliliter of methamphetamine following his sixth-place finish in a May 29 sprint at Monmouth Park.

A July 28 visit from HIWU agents not only made the Pimentals aware of the meth positive but subsequently revealed Levothyroxine in their truck during a search conducted by the agents, resulting in John facing a three-year period of ineligibility (18 months per violation) and a fine of $25,000 ($12,500 per violation) after agreeing to a “case resolution without hearing.” It was the only option he felt was feasible after being unable to afford hiring a lawyer to contest the HIWU's charges of two violations of “banned substances” under the Horseracing Integrity and Safety Act (HISA)'s Anti-Doping and Medication Control (ADMC) Program.

But what about Golovkin? Claimed for $5,000 on the day he tested positive, he raced twice more over the next two months for new connections before the ruling against John voided the claim, resulting in the bay gelding's return to the Pimentals' barn. It was just Golovkin and his stablemate, Richard the pony, left in a nearly empty barn on the Monmouth backstretch.

Acknowledging the rule violations and accepting his consequences led to John signing away his licensure, forbidding him from working in any capacity that puts him in contact with HISA-covered horses. Meanwhile, the Pimentals were restricted to visiting and feeding their remaining horses at the track just twice a day until new homes were found for them.

The Pimentals had been having a hard time finding Golovkin a home due to his mandatory 60-day period of inactivity as a result of the positive, until the TDN story came out. That's when bloodstock agent Lauren Carlisle stepped in.

Already in conversation with her friends Radhika Clark, Director of Operations for Morning Line Club; Sarah Thompson, bloodstock agent for Equix; and Hagyard's Dr. Megan Cassidy about rehoming another horse, Carlisle forwarded the article to the group and the wheels were set in motion.

“I read it and I was pretty upset about the circumstances and the way it affected the Pimentals and this horse, in particular. I had copied the article, sent it to the group and I said, “We need to try to help this horse, this is not a good situation,” she recalled.

They immediately leapt into action, sending texts, making calls and replying to tweets to any and all connections that could possibly get them in touch with the Pimentals. Concurrently, Carlisle reached out to Glenn Brok at Brooke Ledge Horse Transportation.

Despite the late hour, Brok called within minutes and Carlisle proceeded to explain the situation. By the next morning, he'd been in touch with Diana and connected her with Carlisle.

The plan was set, Golovkin would be heading to Kentucky.

“The horse couldn't race for 60 days because of the positive and no other trainer wanted to take that horse in, understandably, but it was just a lose-lose situation for everybody. Diana was very thankful and appreciative. She did confirm with me that she wants the horse to be retired and not race again. She was very up front about that,” said Carlisle. “She said that [Golovkin] has been through a lot and she's happy that he's going to have a new home. I texted her when the horse got here and I sent her pictures, so she's been very communicative that way. She's the one that told me how much he likes peppermints and carrots.

Golovkin | Sara Gordon

“I told her, 'Keep my phone number. If you need help with anything else, please don't hesitate to reach out.'”

From the very beginning, Clark and her mother, Sonia, had offered their farm as Golovkin's soft landing. In less than a week after Carlise's initial call with Diana, Brook Ledge had a spot open up in one of their vans and Golovkin was on his way, free of charge thanks to the support of the transportation company.

“I had several people reach out. [Fasig-Tipton's] Jesse Ullery called me the next morning. He'd seen what I'd put on Twitter trying to find their phone number and he wanted to help. Kirsten [Johnson] with KESMARC called and said if the horse needs any sort of rehab, she will help with that. There have been a lot of people that just wanted to help this horse,” said Carlisle. “The whole thing is unfortunate, but it doesn't mean that a horse has to be stuck at a racetrack in a stall.”

Golovkin arrived at the Clarks' farm the morning of Thursday, Oct. 26. After getting a quick bath upon arrival, the gelding settled into his new stall and joined the herd that includes 3-year-old Elegance (Into Mischief), a fellow Off-the-Track-Thoroughbred, and a few other retirees.

“He has a really good personality. As soon as I was in the stall with him, he was super playful. He just wants to play! He came off the trailer without a scratch on him, so you know he traveled well and you can tell he was really well cared for by Diana and John. He's in really great body condition, he looks awesome, so that's a testament to them. They did everything they could for that horse,” said Clark. “Dr. Cassidy looked at him and took some X-rays. There are a couple things we're going to verify and re-check but so far, we're pretty happy with him and we're just going to give him some time to settle in.”

The four industry women that came together initially to bring Golovkin home were all on hand the day after he arrived and the gelding was more than content to soak up all of the attention.

“I'm going to mess with him a bit here and see what he can do. But past that, we'll reach out to some people. If he is eligible for a second career then that's what he's going to do. If he needs to just hang out in a field all day, he's got the field, it's here. Either way he'll have a home and he'll always have a place to come back to if he needs it,” said Clark.

As the gelding now fondly known as 'Go-Go' stood in the aisleway of the barn, a hind foot resting and head low as the farm dogs wandered around him, it's easy to see why he meant so much to the Pimentals, even more so after all they've been dealt this year.

“I understand they're trying to create rules and enforce them, but at the end of the day, now you've got a horse that's pretty much stranded. That's not helping the animal, which is who we're trying to protect. It's a little bit ironic,” said Carlisle. “Radhika and her mom Sonia, they really stepped up in giving him a place to go and not asking any questions about it. Megan is going to come back out to do another physical on the horse and she's offering her time at no charge. These are the people that need to be recognized.”

Thornton followed up with the Pimentals, in a TDN story published Oct. 25, revealing that Alan Foreman, an attorney who is the chairman and chief executive of the Thoroughbred Horsemen's Association, is handling their defense and has managed to get John's signed admission withdrawn so the case can proceed to a hearing.

Meanwhile, the pony Richard is heading to Tampa Bay Downs this winter with trainer Gerald Bennett. The Pimentals will be making their way to Florida as well, where Diana has a job in the Tampa Bay racing office for the upcoming meet.

“We are all working against each other here and there's a lot of competition in our industry with people wanting to win races and just be better, but when the time comes that somebody needs help or a horse needs help, it's not even a question. Everybody chips in to help. That's just a testament to the people that work in this industry,” said Carlisle.

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