NYRA Releases Statement On Equine Safety At Belmont

Following an incident after race eight on Belmont's Monday card where Cold Hard Cash (Maclean's Music) sustained an apparent cardiovascular event during the gallop out, collapsed and died on track, NYRA spokesman Pat McKenna released the following statement:

“The health and safety of horses and jockeys competing at NYRA tracks is our highest priority and one that stands above all other considerations. NYRA's comprehensive safety strategy is informed by the most advanced science and research in consultation with independent experts, veterinarians, and horsemen. Every horse entered to compete at Belmont Park is required to undergo an extensive pre-race veterinary examination before the horse is permitted to race.  In addition to physical inspection and observation, regulatory veterinarians perform a detailed review of each horse's medical records, past performances and workouts. According to these well-established protocols, Cold Hard Cash passed the required pre-race veterinary inspection. In the course of investigating this injury, necropsy results will be analyzed by Horseracing Integrity and Safety Authority (HISA) officials as well as the New York State Equine Medical Director. NYRA, HISA and the New York State Gaming Commission will closely review the circumstances around this incident to ensure we are providing the safest possible environment for racing and training at Belmont Park.”

Five horses have incurred fatal injuries during racing at the 2023 Belmont Park spring/summer meet, which began May 4 and has featured 2,493 horses starting in 326 races.

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McLean Robertson Latest Trainer To Be Suspended By HIWU

McLean Robertson, a top trainer in the Midwest whose accomplishments include a pair of training titles at Canterbury Park, has been provisionally suspended by the Horseracing Integrity and Welfare Unit (HIWU) after a horse he trained allegedly tested positive for Altrenogest. The ruling was posted to the HIWU website Monday.

It's been a busy few days for HIWU. On Saturday, it was reported on the HIWU website that New York-based trainer Raymond Handal has been provisionally suspended after an alleged positive for Zeranol. On Sunday, the website included a ruling against trainer Jonathan Wong, whose stable includes divisions in Kentucky and California. He has also been provisionally suspended after an alleged positive for the prescription drug metformin, a type 2 diabetes treatment.

All three positive were for drugs on HIWU's banned substance list. In those cases, trainers who have had horses test positive receive automatic provisional suspensions, which go into effect once the positives are made public.

The ruling on Robertson came under HIWU Rule 3212 which covers the presence of a banned substance and/or its metabolites or markers.

Altrenogest is sold under the names Swinemate, Altren and Regumate and is used in veterinary medicine to suppress or synchronize estrus in horses and pigs. According to the website of the National Library of Medicine 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 report on the website also notes that Altrenogest is “structurally similar to the anabolic androgenic steroid.”

The horse in question, Johnny Up (Majesticperfection) is not a filly or mare but a gelding. The alleged positive occurred in a June 4 race at Canterbury, a $10,500 claimer in which Johnny Up won by 6 1/4 lengths.

By mid-afternoon, Robertson had not returned a phone call seeking comment. Robertson has 1,544 career wins from 7,108 starters.

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Wong Suspended for Metformin; `Our Game Has Been Hijacked’ Says Attorney

by Sue Finley and Stefanie Grimm

The Horseracing Integrity and Welfare Unit has provisionally suspended trainer Jonathan Wong after one of his horses tested positive for a banned substance last month.

Heaven and Earth (Gormley) broke her maiden at Indiana Grand June 1 but subsequently tested positive for the prescription drug metformin, a type 2 diabetes treatment.

Wong was notified that his horses will need to be moved to the care of another trainer and potentially faces up to a two-year suspension and a $25,000 fine.

While metformin is a permitted medication by the U. S. Anti-Doping Agency (USADA) for humans in athletic competition, the National Institutes of Health published a study indicating it has an effect on athletic performance. In a study of 10 men, they determined that “time to exhaustion was significantly higher after metformin than placebo ingestion,” and that “metformin improved performance and anaerobic alactic contribution during high-intensity exercise.”

Wesley Ward is currently serving a 15-day suspension for a metformin positive in a July 15, 2022 race at Monmouth. His attorney, Drew Mollica, said that the Monmouth stewards did not impose a significant fine or suspension because they agreed the metformin positive was the result of contamination.

Wong has retained attorney Alan Pincus.

“Jonathan Wong has a prescription for metformin,” he said. “It is one of the most widely prescribed drugs for humans with diabetes. He uses it, and apparently, he inadvertently contaminated his horse. So they give him the notice yesterday, on a holiday weekend, you're out of horse racing. `Get rid of your horses.' We have requested a split sample and a provisional hearing, but since you're not allowed the data pack from the lab until the split comes back, it makes it very difficult. In fact, their whole system makes it very difficult.”

On Thursday, the TDN published a report saying that HISA had temporarily suspended full enforcement of their intra-articular joint injections rules. Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout. According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers have breached the rule surrounding intra-articular joint injections prior to a workout. The reason HISA decided to temporarily modify its enforcement of the rule was due to “confusion” among trainers about the specifics of the rules related to workouts, Lazarus said.

“It's a nightmare,” he continued. “It's unconstitutional. It's unfair. And our game has been hijacked by a bunch of know-nothings posing like they know what they're doing. Lisa Lazarus waved her mighty hand and told 20 trainers who have violated the intra-articular injection rule, `I'm going to let you go.' Even though there is nothing in the regulations allowing her to do so. I imagine when the names of those people come (public), there will be some pretty privileged people. But unfortunately, Jonathan Wong is not one of them. She said the trainers were confused. But confusion is not a defense to strip liability. It's hypocritical. It's not in the regulations, and it just shows they don't know what they're doing. None of it makes sense. And no one will say `boo.' ”

Pincus said that this was the second such case he has had.

“The first one I had was Mario Dominguez,” said Pincus. Dominguez's horse Petulant Delight tested positive for cobalt May 24 at Parx. “Cobalt and the old ARCI guidelines calls it a positive at 25 parts per billion, but since cobalt is in all horses at all times, they say if you have between 25 and 49 parts per billion, the trainer should just get a warning letter. Unfortunately for Mario, if it had happened three days earlier, he gets a warning, but (now), he's thrown out of racing. They give you the notice. You're out. Horses have to be transferred to a new trainer that has nothing to do with you. You lose your owners. You lose your stalls and you lose your livelihood.”

In Dominguez's case, Pincus said that Dominguez asked for a split sample and was asked to send $2,000. He said seven months earlier, Pincus had a case where the same split sample was $750. “So the gouging begins,” said. “He is indigent, and they took away his only means of support, and like most trainers he's living month to month.” He said that Pincus had been unable to afford the fees for the provisional hearing, and had been asked for over $4,000 for the hearing. “They have put a monetary barrier toward someone getting due process,” he said. “We are now 19 days in, and he has not been charged with anything.”

Pincus said that the lack of due process “sickens” him.

“You take a person who has worked their whole life. They're not out there robbing a 7-11. They're out there working seven days a week to try to build something. You're telling me that some person comes to you on a holiday weekend and says `good luck in your next career.' You've not been charged with anything. You have something that would have resulted in some small penalty–as well as it should. But it's going to happen more and more and more, but the idea that you let your friends off because they were confused? It sickens me. This is the game I have been in my whole life. They're an occupying force, and no one will stand up to them. But (trainers) are playing Russian roulette every time they go to the test barn.”

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HISA Temporarily Suspends Full Enforcement of Intra-Articular Joint Injection Rules

The Horseracing Integrity and Safety Authority (HISA) has temporarily suspended full enforcement of its rules surrounding intra-articular joint injections.

Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout.

A violation of these rules could result in a 60-day suspension for the trainer.

According to an announcement dated June 26, the prohibition of such injections within seven days prior to a workout shall be enforced only by making the horse ineligible to race for a period of 30 days. This temporary measure will last until July 15, 2023. HISA had also issued a bulletin to stakeholders on June 23 stating the new policy.

All other provisions of the rule will continue to be enforced.

According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers have breached the rule surrounding intra-articular joint injections prior to a workout. The reason HISA decided to temporarily modify its enforcement of the rule was due to confusion among trainers about the specifics of the rules related to workouts, Lazarus added.

“On the workout side, while it was mentioned in the education process, it seems that a lot of trainers just really didn't understand it, and most of the violations we saw were only off by one day,” said Lazarus.

Lazarus added that the temporary modification of enforcement of the rules was deemed the most “fair and equitable” way to proceed “given the number of violations.”

According to Lazarus, there has been only one violation of the rule surrounding intra-articular joint injections prior to a race.

Lazarus said she was unaware which trainers had breached the rule. “That would be a HIWU question,” said Lazarus, pointing to the Horseracing Integrity and Welfare Unit, which oversees implementation of HISA's anti-doping and medication control (ADMC) program.

“When horses are suspended, you'll be able to figure that out,” Lazarus added, pointing to HIWU's “public disclosures” webpage.

The Authority–the non-profit umbrella broadly overseeing implementation of the federal law–has the legal discretion to modify rule enforcement, said Lazarus.

“We can't modify the rules,” she said. “But we can–and we have in the past on the safety rules–decided to not enforce a particular provision of the rule,” said Lazarus.

“This general discretion to not enforce a portion of the rule is we believe within HISA's authority,” she added.

When asked if this was fair to other industry stakeholders facing sanctions as per the rules, Lazarus said that sanctions are still being meted out, even though they are less stringent than the rules require.

“There are a lot of folks who don't like the decisions that we [make]. But it's our job to make tough decisions, and I fully stand behind this decision,” said Lazarus.

When asked if this action was unfair to the owners of the horses in question, Lazarus said that it was ultimately a welfare decision.

“Protecting the horse is always in our view our responsibility,” said Lazarus. “And so, we believe it is not appropriate to allow a horse to race within 30 days of it having the injection.”

Lazarus said that the Authority is not “at this time” considering tweaking the enforcement of other rules on the books.

Daily Racing Form reported that HISA's Anti-Doping and Medication Committee is also considering modifying the sanctions surrounding the 60-day trainer suspension for violating the workout portion of the rule.

“There's a feeling that the sanction may be too high,” Lazarus told the DRF.

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