Weekly Stewards and Commissions Rulings, June 13-19

Every week, the TDN 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.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA)-related rulings from the same week. These will include decisions from around the country.

California

Track: Santa Anita

Date: 06/16/2023

Licensee: Ian Kruljac, trainer

Penalty: $1,000 fine

Violation: Medication violation

Explainer:  Trainer Ian Kruljac, who started the horse Closeau, that finished third in the seventh race on April 8, 2023, at Santa Anita Park is fined $1,000.00 and assessed one half (1/2) point in accordance with California Horse Racing Rule #1843.4 (Multiple Medication Violations (MMV) – Expires 6/16/24) pursuant to California Horse Racing Board Rule #1887(a) (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board Rule #1843(a)(d) (Medication, Drugs and Other Substances and Rule #1843.1(b) (Prohibited Drug Substances -Methocarbamol [Class 4]). This is Ian Kruljac's second offense in 365 days. Mr. Kruljac has accumulated one (1) MMV point.

Track: Santa Anita

Date: 06/16/2023

Licensee: Jeff Mullins, trainer

Penalty: $1,000 fine

Violation: Medication violation

Explainer: Trainer Jeff Mullins, who worked the horse Numero Dix for removal from the Veterinarian's List on April 5, 2023, at Santa Anita Park, is fined $1,000 and assessed one half (1/2) point in accordance with California Horse Racing Board Rule #1843.4(a) (Multiple Medication Violations (MMV) – Expires June 16, 2024) pursuant to California Horse Racing Board Rule #1887 (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board Rule #1866(h)(i) (Veterinarian's List), #1844(d)(5) (Authorized Medication), #1843(d) (Medication, Drugs and Other Substances) and Rule #1843.1(b) (Prohibited Drug Substances – Methocarbamol [Class 4]). This is Jeff Mullins second offense in 365 days. Mr. Mullins has accumulated two and a half (2 1/2) MMV points.

Track: Santa Anita

Date: 06/18/2023

Licensee: Armando Aguilar, apprentice jockey

Penalty: Four-day suspension

Violation: Careless riding

Explainer: Apprentice Jockey Armando Aguilar, who rode Warrior's Moon in the fourth race at Santa Anita Park on June 17, 2023, is suspended for 4 racing days (June 25, July 1, 2, and 3, 2023) for failure to maintain a straight course in the stretch causing interference resulting in the disqualification of his mount from fourth to fifth; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding), second offense in last sixty days.

Florida

The following was taken from the ARCI's “recent rulings” webpage.

Track: Gulfstream Park

Date: 06/09/2023

Licensee: David Fisher, trainer

Penalty: $1,000 fine

Violation: Medications violation

Explainer: STIPULATION AND CONSENT ORDER # 2023-008661 – F.S.550.2415 VIOLATION = BETAMETHASONE. “LOVIN MAKES CENTS” *FINE PAID TO GSP/BOR; PURSE RETURNED TO GSP*

Track: Gulfstream Park

Date: 06/9/2023

Licensee: Efren Loza, trainer

Penalty: Fifteen-day suspension, $500 fine

Violation: Medication violation

Explainer: FINAL ORDER # 2022-042344 – F.S. 550.2415 VIOLATION = 1-Hydroxyethyl Promazine Sulfoxide. “STAR JUANCHO” $500 Fine due 7/9/23; 15 day suspension – 7/10/23 – through and including 7/25/23; Loss of Purse.

Track: Gulfstream Park

Date: 06/06/2023

Licensee: Ronald Spatz, trainer

Penalty: $1,000 fine

Violation: Medication violation

Explainer: STEWARD'S RULING FINAL ORDER # 2022-057680 – F.S. 550.2415 VIOLATION = DEXAMETHASONE. “IRONY” $1000 FINE DUE 6/21/23

Track: Gulfstream Park

Date: 06/06/2023

Licensee: Ronald Spatz, trainer

Penalty: $1,000 fine

Violation: Medication violation

Explainer: STEWARD'S RULING FINAL ORDER # 2023-004641 – F.S. 550.2415 VIOLATION = DEXAMETHASONE. “LOVE HER LOTS” $1000 FINE DUE 6/21/23

Track: Gulfstream Park

Date: 06/06/2023

Licensee: Kelsey Danner, trainer

Penalty: $500 fine

Violation: Medication violation

Explainer: STEWARD'S RULING FINAL ORDER # 2023-002335 – F.S.550.2415 VIOLATION = ALBUTEROL. “VIBURNUM” $500 FINE DUE 6/21/23

Track: Gulfstream Park

Date: 06/06/2023

Licensee: Kelsey Danner, trainer

Penalty: $500 fine

Violation: Medication violation

Explainer: STEWARD'S RULING FINAL ORDER # 2022-045777 – F.S.550.2415 VIOLATION = METHOCARBAMOL. “MR. TITO'S” $1000 FINE DUE 6/21/23

Track: Gulfstream Park

Date: 06/06/2023

Licensee: Jose Garoffalo, trainer

Penalty: $1,000 fine

Violation: Medications violation

Explainer: STEWARD'S RULING FINAL ORDER # 2022-047256 – F.S.550.2415 VIOLATION = METHOCARBAMOL. “VINNIE VAN GO” $1000 FINE DUE 6/21/23

Track: Gulfstream Park

Date: 05/31/2023

Licensee: Reynaldo Yanez, trainer

Penalty: $1,000 fine

Violation: Medication violation

Explainer: STEWARDS RULING FINAL ORDER # 2023-018909 – F.S.550.2415 VIOLATION = 5-HYDROXYDANTROLENE. “HEIR TO THE ROAR”

New York

Track: Belmont Park

Date: 06/17/2023

Licensee: Irad Ortiz, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: For having waived his right to an appeal Jockey Mr. Irad Ortiz is hereby suspended three (3) NYRA racing days June 25th 2023, June 30th 2023, July 1st 2023 inclusive. This for careless riding during the running of the third race at Belmont park on June 11th 2023.

NEW HISA/HIWU STEWARDS RULINGS

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

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

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

Violations of Crop Rule

Delaware Park

Darwin Rodriguez – violation date June 14; $250 fine and one-day suspension, 7 strikes

Andry Gabriel Blanco – violation date June 17; $250 fine and one-day suspension, 7 strikes

Finger Lakes

Jose Alberto Baez – violation date June 19; $250 fine and one-day suspension, 7 strikes

Hawthorne

Alexis Centeno – violation date June 15; $250 fine and one-day suspension, 7 strikes

Thistledown

Víctor Manuel Severino – violation date June 13; $250 fine and one-day suspension, 1-3 strikes over the limit

Yuri Sanez Yaranga – violation date June 14; $250 fine and one-day suspension, “excess” strikes

Shoeing Violations

Belmont Park

Alan Bedard, trainer – $500 fine for not having his horse “In my Opinion” properly shod for the running of race 2 at Belmont Park on 06/15/2023 causing a late scratch.

Pending ADMC Violations

Date: 05/24/2023

Licensee: Mario Dominguez

Penalty: Provisional suspension

Violation: Presence of a banned substance in a test

Explainer: Rule 3212, Presence of a Banned Substance and/or its Metabolites or Markers. Cobalt.

Racetrack Safety Violations

Date: 06/17/2023

Licensee: Vladimir Cerin, trainer

Penalty: Seven-day suspension, $2,500 fine

Violation: Use of shockwave therapy too close to workout

Explainer:  Trainer Vladimir Cerin, who treated the horse Poppy's Halo with ESWT on 12/13/2022, at Santa Anita Park, which is within 30 days prior to a workout is suspended SEVEN (7) days and fined $2,500 for violation of HISA Rule 2272 (3) (Shockwave Therapy). The suspension shall be from June 23, 2023, through June 29, 2023. During the term of the suspension, all licenses and license privileges of Vladimir Cerin are suspended and pursuant to California Horse Racing Board Rule #1528 (Jurisdiction of Stewards to Suspend or Fine) and HISA Rule 8200 (b)(2) through (12) (Schedule of Sanctions For Violations) Vladimir Cerin is denied access to all premises in this jurisdiction.

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One Month In, HIWU Issues an Update

From the desk of Ben Mosier, Executive Director, Horseracing Integrity & Welfare Unit (HIWU):

The last four weeks have represented the culmination of more than a year of planning and countless hours of preparation by the HIWU team to put forth the best national Anti-Doping and Medication Control (ADMC) Program possible for Thoroughbred racing. It has been incredibly rewarding to see HISA's ADMC Program get off the ground successfully. Through Sunday, June 18, HIWU-trained and certified sample collection personnel have collected samples from over 6,500 horses from more than 20 tracks nationwide. The samples are being analyzed by one of six approved laboratories, which are all testing for the same substances at the same levels. Furthermore, our anonymous whistleblower platforms are active, and our investigative staff have been reviewing the tips submitted to determine further action, when appropriate.

The Belmont Stakes was the first Triple Crown race to be conducted under HISA's ADMC Program. More than a dozen members of the HIWU team were on site at Belmont Park to assist operations, which included supporting the local sample collection personnel and investigators. The New York Racing Association (NYRA) has been a great partner with us, and we appreciate their collaboration to help make this historic race a success.

With our first month of enforcement now complete, I would like to remind industry participants that HIWU must follow specific public disclosure requirements when there are violations of the ADMC Program. In the case of a positive test for a Banned Substance, HIWU must publish the violation on our website upon the imposition of Provisional Suspensions to the Covered Person and Covered Horse. This will occur after HIWU receives the positive test result for the A Sample. For a positive test associated with a Controlled Medication, the violation will be published once the B Sample confirms the positive test or the Covered Person waives the right to test the B Sample. Non-presence cases (i.e., cases not involving a positive test) will be published after a Provisional Suspension is imposed on the Covered Person or a Charge Letter is served, whichever is earlier.

We expect that most cases will be public within weeks and resolved within a few months, which will be a welcome change from previous protocols.

HIWU recognizes the importance of continually offering education opportunities to help facilitate compliance among those impacted by the ADMC Program. In addition to HIWU's Education & Resources page, our team is available to meet with stakeholders and/or industry groups in person or virtually. Groups who would like to request a meeting should contact Stephanie Jenson at sjenson@hiwu.org.

With our busiest months still to come, my team and I are excited to continue enforcement across the country and to maintain our relationships with the stakeholders who have made our efforts possible, from state racing commissions, racetracks, and laboratories to horsemen, veterinarians, and stewards. I am confident that this Program will ultimately enhance the health and safety of our equine and human athletes while promoting a level playing field that benefits the sport's honest participants.

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HISA’s Lasix Advisory Committee Set

Edited Press Release

The Horseracing Integrity and Safety Authority (HISA) announced the members of an Advisory Committee which has been convened to oversee a three-year study on the use of furosemide (also known as “Lasix”) on horses during the 48-hour period before the start of a Covered Horserace, including the effect on equine health and the integrity of competition.

The establishment of this Advisory Committee for the study of furosemide administration and the requirements of the study are specifically mandated and set forth in the Horseracing Integrity and Safety Act. The HISA Board of Directors delegated its authority to select the Advisory Committee members to HISA's Anti-Doping and Medication Control (ADMC) Committee who did so based on the members' relevant expertise. The Advisory Committee will oversee the process of issuing a Request for Proposal to conduct the research, reviewing grant applications from academic researchers and allocating grant funding for the study.

When the independent scientific research has been completed and published, it will be presented to the Advisory Committee who will then relay the findings and their recommendations to the HISA Board of Directors.

The Furosemide Advisory Committee is comprised of the following members:

  • Emma Adam, DVM, Ph.D., is a veterinarian with over 24 years of racing experience in the United States, United Kingdom, France and Australia. She is board-certified in equine medicine from Texas A&M University and in surgery from the New Bolton Center at the University of Pennsylvania. Dr. Adam also received her Ph.D. in musculoskeletal science from the University of Kentucky's Gluck Equine Research Center.
  • Alan Foreman is Chairman of the Thoroughbred Horsemen's Association (THA) and Vice-Chairman of the Racing Medication and Testing Consortium (RMTC). Foreman is considered one of the leading racing law and equine attorneys in the United States and is an expert on medications used in horse racing.
  • Scott Hay, DVM, is a veterinarian at Teigland, Franklin and Brokken, where he focuses on lameness, performance evaluations and purchase examinations. He also serves on the RMTC's Scientific Advisory Committee. Dr. Hay previously served as President of the American Association of Equine Practitioners (AAEP) and as a member of the Grayson-Jockey Club's Scientific Advisory Committee.
  • Ted Hill, VMD, is a racing steward for The Jockey Club with more than 23 years of experience. He previously served as Chief Veterinarian for the New York Racing Association (NYRA). Dr. Hill received his VMD from the University of Pennsylvania.
  • Rob Holland, DVM, Ph.D., is a respiratory and infectious disease specialist in Lexington, Kentucky and partner at Holland Management Services, Inc., a consulting practice offering solutions in outcomes research and veterinary medicine. Dr. Holland has worked with the Kentucky Horse Racing Commission (KHRC) and is an expert in equine drug testing processes.
  • Heather Knych, DVM, Ph.D., DACVCP, is a Professor of Clinical Veterinary Pharmacology and Head of the Pharmacology Section at the K.L. Maddy Equine Analytical Chemistry Pharmacology Laboratory at the School of Veterinary Medicine at the University of California, Davis. Dr. Kynch is board-certified in Clinical Veterinary Pharmacology and has an extensive publication record in the areas of pharmacokinetics and pharmacodynamics. She received her DVM and Ph.D. in Pharmacology and Toxicology from the University of California, Davis, where she also conducted her residency in Veterinary Pharmacology.
  • Ryan Murphy is the Executive Director for the Partnership for Clean Competition (PCC), the leading anti-doping research organization dedicated to the protection of clean athletes. Prior to joining the PCC, Murphy served as Program Officer with the Sports Diplomacy division at the U.S. Department of State and prior to that as Senior Manager for Sport & Competition for Special Olympics International. Murphy has also worked as an International Doping Control Officer for International Doping Tests & Management. In addition to his work at the PCC, Murphy serves as an Adjunct Professor for the Sports Industry Management Master's program at Georgetown University.
  • Foster Northrop, DVM, is a practicing racetrack veterinarian with more than 35 years of industry experience. He has served on the boards of the KHRC and American Veterinary Medical Association (AVMA), as well as the RMTC's Scientific Advisory Committee.
  • Scott Palmer, VMD, is a former President of the AAEP and the American Board of Veterinary Practitioners (ABVP). He also chaired the New York Task Force for Racehorse Health and Safety from 2011 to 2013 and served as a clinician and referral surgeon at the New Jersey Equine Clinic for 38 years. He is currently a member of the RMTC's Scientific Advisory Committee, the Horseracing Testing Laboratory Committee, the Association of Racing Commissioners International's (ARCI) Drug Testing and Standards Committee and the ARCI's Equine Welfare and Veterinarians Committee.
  • N. Edward Robinson, BVetMed, Ph.D., is a nationally recognized veterinarian, academic and researcher who spent nearly 50 years at Michigan State University's College of Veterinary Medicine, during which he spent more than 20 years as the Matilda R. Wilson Professor of Large Animal Clinical Sciences. Dr. Robinson has spent his career researching lung disease in horses. He received his veterinary degree from the Royal Veterinary College in London and a Ph.D. from University of California, Davis.
  • Corinne Sweeney, DVM (HIWU Appointment), is an American College of Veterinary Internal Medicine (ACVIM) specialist and has spent the past 44 years at the University of Pennsylvania School of Veterinary Medicine. She has served as a member of the Pennsylvania State Horse Racing Commission since 2008 and previously served as Chair of the ARCI in 2019. She is a certified Organizational Ombuds Practitioner and has served as the Penn Vet Ombuds since 2015.

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Letters to the Editor: Texas Horse Racing Needs HISA

The horse…inquisitive, sensitive, totally aware, much smarter than you think, fearful, and a creature of habit. When my daughter returns to our family barn after training in Florida for six months, her retired horses greet her with a whinny. An old friend has returned.

The horse is a fabric of historical Texas. The horse represents how we all arrived here, and how we survived in the earliest days. Some horses are bred to run–that's their job. All animals need a job and thrive when working. The thoroughbred's instinct is to run as fast and as far as it can. As long as there are horses, there will be horse races, and men and women will admire the sheer determination, stamina, strength, and speed of the majestic horse.

The tragedy at Churchill Downs this past May, in which twelve horses broke down on the racetrack, fractured their lower legs and needed to be euthanized, should never be repeated. The cause of this rash of sudden breakdowns is uncertain: the current American thoroughbred may be bred too strong up top across the chest with lower legs that are relatively too thin and fragile, or changes in the surface of the track due to humidity and weather variations may increase the risk of a ligamentous injuries which can then predispose to falls and catastrophic fractures. Most horses can survive the surgery, but few can survive the confinement and partial weightbearing needed to allow these fractures to heal.

The Jockey Club, in recognizing this problem, sought relief from Congress and in one of the few truly bipartisan pieces of legislation in the past 10 years, the Horseracing Integrity and Safety Act (HISA) was passed. This lifesaving legislation allows the government to designate a corporate entity to unite the horse industry, to find ways in which horse tragedies can be eliminated, and drug abuse can be regulated at the Federal level.

The model is not a new one. A Federally sponsored corporate entity serves to regulate the Securities and Exchange Commission. The needs are similar. Regulation among multiple states with multiple interests are consolidated under a single governing body with superior resources and a single purpose-driven goal.

In response to the HISA act, most states have supported and endorsed this model, but a few outliers, including the State of Texas represented by the Texas Racing Commission, have sought to preserve the status quo.

The Commission's stated rationale is that only the Texas Racing Commission may regulate parimutuel racing and simulcast wagering in Texas. Although National regulation affects all aspects of our life living in Texas, the Texas Racing Commission, due to this perceived legal technicality, has been unable to find a compromise solution. As a result, the Texas racing industry suffers, the Texas patrons who enjoy horseracing suffer, and our thoroughbred gladiators suffer the most.

A second consequence of this stalemate is that racetracks in Texas can no longer simulcast Texas races to other communities and states and receive wagers allotted for their racing program.  Without the ability to simulcast, the betting handle at Sam Houston Racetrack during the winter meet fell 90% and the handle at the current Lone Star spring and summer racing meet is not significantly better. Tracks survive by taking approximately 15% of the betting handle to support their operations and purses. The current situation is unsustainable.

Having served on the Texas Racing Commission for 10 years, including four years as Chairman, I can attest that the Commission staff, stewards, and the working regulators are superb and unmatched in their quality and dedication. The political appointees of the Commission, however, have lost sight of their designated purpose.

In this one rare instance, Congress has actually provided us–and our horses–a solution. Ultimately, HISA has the resources, the regulatory power, and sophisticated lab testing that can root out illegal drug use, research track surfaces, and analyze breeding patterns. HISA has the potential to improve the sport and create a safe horseracing animal that can thrive in a newer environment.

The Texas Racing Commission needs to recognize its responsibilities and protect our animals in an ever-changing world. The consequences of the Texas Racing Commissioners' opposition to these efforts simultaneously leaves our horses at risk and our tracks on the path to ruin.

Texas deserves better.

 

Robert Schmidt, MD is a Fort Worth based orthopedic surgeon specializing in joint replacement surgery of the hip and knee. He and his wife had bred and raced thoroughbreds under the colors of Oak Meadow Farm. He was appointed by Govenor Perry to the Texas Racing Commission and served for 10 years, including 4 years as chairman. He currently serves as Mayor of Annetta North, Texas.

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