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Bush Tracks, Host Of Other Investigative Topics Covered On ORI Day Two

The Organization of Racing Investigators opened the final day of its Parx conference with another set of timely presentations.

Topics included the impact of bush track racing, and a variety of legal and scientific case studies, which were all geared for the investigator's toolkit.

With varied backgrounds in law enforcement and security, many attendees have experience growing up around horses. Investigators work for tracks and racing commissions, but they can never turn their backs on the chance to improve their techniques and plug into the ORI network fiber.

Kassie Creed, a Safety and Compliance Associate who works at Keeneland under Dr. Stuart Brown in equine safety, attended her second ORI meeting. She is part of the up-and-coming generation who is learning from those with decades of experience.

ORI Conference at Parx | Bill Denver/Equi-Photo

“Something I've noticed as a woman, thinking about my age, things that are relevant now will hit my generation in a different way,” she said. “I'm a small-picture person and my local horse population is my chief concern. So, when I came last year to ORI I added new skills and was able to apply what I learned here to my day-to-day processes, which really helps.”

The group began the day by hearing a talk on unregulated horse racing in North America by the USDA's Dr. Angela Pelzel-McCluskey. The epidemiologist has found 191 'bush tracks' across 30 states, and though all of them are racing Quarter Horses, she said that it is entirely possible that Thoroughbreds could be present too.

“Every time I go looking for these unregulated places, I find more, and if you think they are not in your backyard, like in New England, you'd be wrong,” she said. “The spread of diseases, the use of dirty needles, is a crisis, and there is no federal law that makes this racing illegal.”

The Association of Racing Commissioners International's Ed Martin added during his session, “We are being lumped in with unsanctioned racing and the public sees the videos and they share them. We are going to have to deal with this. It's here. This industry needs to be talking to one another. We need to get together. We need certainty.”

Presenter Ismael Navarreto | Bill Denver/Equi-Photo

Other presentations were offered by seasoned experts who work with Comisión de Juegos de Puerto Rico and from across the state of Pennsylvania. Their specialist's view concerning case studies went to the heart of equine health by examining everything from how pathology can be utilized in court cases, illegal horse ownership, and situational awareness when conducting interrogations.

The conference wrapped with Ann McGovern, the Horseracing Integrity & Safety Authority's Director of Racetrack Safety. Her presentation addressed last year's catastrophic injuries at Churchill Downs by highlighting the techniques which were implemented during the assessment.

“The process led us to found the HISA Track Surface Advisory Committee and expand on tools like an individual horse's exercise signature and their past performances,” she said.

As for ORI's next conference location, Keeneland was named as the site for 2025 with Dr. Brown serving as the conference chair.

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HISA Not Positioned to Police Sales

The case of Jeffrey Englehart, who bought a horse at an OBS 2-Year-Old sale in June who had given Clenbuterol sometime before being purchased by Englehart, has renewed questions about the role of the Horse Racing Integrity and Safety Authority (HISA) and whether or not it would be in the sport's best interest for it to expand its jurisdiction to cover sales as well as racing. Currently, HISA has no authority over a horse until it has its first recorded public workout, which is when it becomes a “covered” horse. HISA CEO Lisa Lazarus doesn't see that changing any time soon.

“There is a little bit of a misunderstanding about what HISA's authority is in this regard,” she said. “We can only do what the statute allows us to do and right now the statute specifically provides that a horse becomes a covered horse upon its first workout. We would have to ask for a legislative change if we wanted to change the scope of that jurisdiction, which would be a heavy lift and not something we'd probably go to Congress and try to do right now.”

Lazarus stresses that the sales companies should use every resource available to them to make sure that sellers are not using drugs that might enhance the value of a horse being sold.

Lazarus said she has had discussions with the heads of the sport's three largest sales companies–Keeneland, OBS and Fasig-Tipton–and asked that they work together to come up with unified rules that mirror those already in place by HISA for covered horses.

“HISA did convene a meeting with all the sales companies in October,” she said. “We all got together in a room and discussed the fact that it made sense to get on the same page. We would hope that there would be was a logical protective flow from weanling to retirement that makes sense. It doesn't have to be the same program for every stage of a horse's life, but it needs to be sensible and consistent and all fit together. There was wide agreement with all the sales companies that this was an important initiative and they said they would work towards it. They've been working really hard on coming up with an aligned agreement.”

Lazarus said that if there is still a reason to suspect that some horses are slipping through the cracks at the sales, HISA might take another look at getting legislation that would allow it to categorize a horse as covered at some time prior to its first official workout.

“I trust that the sales companies are going to be able to do this on their own and that we won't need to take a stricter view,” she said. “If for some reason that doesn't happen, we would definitely, over time, look at that and consider our options. Once a horse comes into the HISA program and is our responsibility we do everything we possibly can to protect it. But not having a window into what has happened with the horse before they become a covered horse can be challenging. That's why we are working towards this aligned system where everything is really clear and the sales companies are all doing the same thing. If that is a fit with HISA's program, that would be really beneficial for the industry.

“The way to move the sport forward is to have more consistent and stricter regulations throughout a horse's life. Based on my experience since HISA's inception, that is most effectively done when the stakeholders come to the table and are willing participants. You come up with a much stronger program when you have everyone buy in. I am working every day to earn the trust of horsemen and earn the trust of the racetracks. If I could get sales companies on board and make changes that make a lot of sense, that would mean we would have a much better chance of being successful right out of the gate. I really believe that's where we need to end up. But I also believe that given where we are and given the commitments I have received from the sales companies, we'll be able to do that without having to legislate or change HISA's jurisdiction.”

Englehart was notified that a horse under his care had been found to have Clenbuterol in its system when it was tested by the Horseracing Integrity and Welfare Unit (HIWU) after it broke down in a workout at Finger Lakes in November. The positive was the result of a hair test and the infraction was made public on the HIWU website. Englehart faced a suspension of up to two years.

Englehart insisted he never gave the horse the drug and that it had to be given to the horse before he bought it at Ocala. The original HIWU test was a standard hair test. Tests known as segmented hair test can pinpoint when a drug was given to a horse and Englehart pushed for the horse to undergo that type of test. HIWU had the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis perform the segmented test and it revealed that the Clenbuterol was in fact administered before Englehart became the trainer. All charges against Englehart were then dropped.

Lazarus admitted that the Englehart matter could have been handled better.

“There was an initial matter that we had to flag because something was found in the horse,” she said. “But we should not be holding the trainer responsible if that substance went into the horse before he or she was responsible for it. One thing we are going to change, we are not going to make a positive test from hair public until a B sample comes back.

“The only way we failed Mr. Englehart in this case was the public announcement of his violation. He didn't have any suspension and there were no repercussions from a sanctions standpoint. There was nothing in place until the system concluded, but the public did know about it. It would be different if Clenbuterol were found in the blood or urine. We know how long Clenbuterol can stay in blood and urine. So if there is a Clenbuterol finding in blood or urine there would be no ambiguity unless the trainer got the horse the day before or within a week. With hair testing we can find things going back six months and even a year sometimes.”

“What I really hope is that this situation shows the public and the racing industry that HISA is always going to do what's right. We are going to follow the science and we are going to follow the facts. We are giving Mr. Englehart the money back that he spent for the B sample. He is going to be made entirely whole. As I said, the one thing I would do differently is not to have made this public from the outset. This is the first case we've had of this nature and I've always said there will be things that we learn along the way that we didn't foresee and that we have to adjust.”

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Weekly Stewards And Commissions Rulings, Feb. 20-26

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, trainer Carlos Mancilla has been suspended for 15 days for a post-race Gabapentin positive from Sept. 10, and fined $1,000. Gabapentin, a Class B controlled medication, is an anti-seizure medicine for humans that is also used to treat complications from shingles.

According to the final ruling by an internal adjudication panel, Mancilla said that the positive probably came about because of the horse, Cara in the City, ingesting straw contaminated with Gabapentin through urine. “Mr. Mancilla however did not provide any concrete evidence to support this assertion,” the final ruling states.

The internal adjudication panel issued Mancilla the maximum possible sanction for a first Class B controlled medication violation under HISA.

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: 02/23/2024
Licensee: Jeffrey Englehart, trainer
Penalty: No penalty. Equine Anti-Doping charge withdrawn.
Explainer: For the presence of Clenbuterol—a banned substance—in a sample taken from Fast Heart. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.
More on the story here.

Resolution Date: 02/22/2024
Licensee: Reynaldo Yanez, trainer
Penalty: No penalty. Equine Controlled Medication charge withdrawn.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled
Medication Substance or a Controlled Medication Method—on the horse, That Magic Moment. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/22/2024
Licensee: Carlos Mancilla, trainer
Penalty: 15-day period of Ineligibility for Covered Person, beginning on February 23, 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.
Explainer: For the presence of Gabapentin—Controlled Medications (Class B)—in a sample taken from Cara in the City, who finished second at Pimlico on 9/10/23. 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: 02/06/2024
Licensee: Lacy Pierce, trainer
Penalty: Pending
Alleged violation: Vets' list medication violation
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in a sample taken from Mamba Forever on 2/6/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/03/2024
Licensee: Howard Love, trainer
Penalty: Pending
Alleged violation: Vets' 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 is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/30/2023
Licensee: Bruce Levine, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Fortune's Nephew, who finished third at Aqueduct on 12/30/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/15/2023
Licensee: Brittany Russell, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Battling Time, who won at Laurel Park on 12/15/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/03/2024
Licensee: Jorge Diaz, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Xylazine—Controlled Medication (Class B)—in a sample taken from Celtic Treasure, who did not finish a race at Parx Racing on 1/3/24 (according to Equibase, Celtic Treasure was “injured in the early stages, pulled up and vanned off”). This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Juan Guerrero, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Crypt, who won at Parx Racing on 11/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/26/2024
Licensee: Frank Santillana, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Mi Gusto Es, who finished tenth at Tampa Bay on 1/26/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/09/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged violation: Vets' list medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Storm the Empire on 12/9/23. 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: Flint Stites, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the potential breach of Rule 4221—Alkalinization or use/administration of an Alkalinizing Agent (TCO2)—on Rock Anna Roll, who finished fifth at Penn National on 1/19/2024. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

Date: 01/02/2024
Licensee: Carla Morgan, trainer
Penalty: Pending
Alleged violation: 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 is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/28/2024
Licensee: Michael Simone, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Another Duke, who won at Tampa Bay on 1/28/24. 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.

Santa Anita
Drayden Van Dyke – violation date Feb 23; $250 fine and one-day suspension, 9 strikes
Kazushi Kimura – violation date Feb 23; $250 fine and one-day suspension, 7 strikes

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: 02/25/2024
Licensee: Rolando Quinonez, trainer
Penalty: $1,000 fine
Violation: Non-compliance with pre-workout veterinarian examinations
Explainer: Trainer Rolando Quinonez is fined $1,000.00 for violations of California Horse Racing Board Rule #1878 (Workouts – No 72-hour pre-workout Veterinarian examinations [Non-compliance for 28 out of 238 workouts]) between January 1, 2022, through August 20, 2023.

New York
Track: Aqueduct
Date: 02/20/2024
Licensee: Nancy Vutz, racing official
Penalty: $1,500
Violation: Lasix administration error
Explainer: Racing Official Dr. Nancy Vutz is hereby fined the sum of $1,500 for failing to conduct business in a proper manner necessitating a scratch in Race #3 at Aqueduct Racetrack on February 19, 2024.

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HISA Review Finds A Multitude of Factors Contributed to Saratoga Fatalities

The Horse Racing Integrity and Safety Authority (HISA) on Thursday released the report covering its investigation of the rash of fatalities that occurred during the 2023 Saratoga meet. The report found some factors that may have contributed to the fatalities, while also concluding that there was no link that covered all 14 deaths.

“This report concludes that there are a multitude of risk factors that likely contributed to the fatalities during the 2023 Meet. These findings will drive HISA's data collection, recommended racetrack practices and regulatory scheme going forward.” the report concluded.

HISA examined several factors, including the racetrack surfaces, the potential impact of weather, the veterinary histories of the horses that broke down and the necropsy reports that were done following their deaths, the exercise history of each horse and a review of any potential HISA rule violations that may have contributed to the injuries.

The closest HISA came to pointing a finger at one particular factor was its conclusion that weather may have played a role. It was a particularly wet meet at Saratoga with 11.03 inches of rain coming down during the racing season. In 2022, 7.76 inches of rain fell.

“…the significantly increased rainfall during the 2023 Meet compared to previous years cannot be overlooked and available data suggests that the rainfall could have played a role in the increased risk of fatal injury during the 2023 Meet,” the report read. “HISA is working cooperatively with the Racing Surfaces Testing Laboratory to collect and analyze additional track surface data to better understand the effects of weather on racetrack maintenance.”

Three of the 11 horses that suffered fatal musculoskeletal injuries received corticosteroid injections in the affected joint within 30 days of racing. HISA is in the process of trying to change its rules regarding corticosteroids so that they cannot be injected into a horse within 30 days of it racing.

HISA also discovered that there may be red flags associated with horses who undergo an excessive amount of exercise.

“…an analysis of the exercise histories of the deceased horses showed that horses having participated in more frequent high intensity exercise and furlongs were 2.5 times more likely than the control group to be injured.”

The report also found that one of the horses that suffered a fatal injury was on the veterinarians list as unsound at the time of the injury. Two others had previously spent time on the vets list.

Following the report, NYRA Vice President for Communications Pat McKenna issued a statement, which read: “Continuously improving equine safety is a fundamental responsibility shared among racetrack operators, regulators, trainers, breeders and owners. HISA's review of the 2023 summer meet at Saratoga Race Course enhances our understanding of the myriad factors that may contribute to injuries sustained during training or racing.”

“To prevent serious injuries before they happen, NYRA is embracing science and technology to provide veterinarians and trainers with the tools necessary to identify underlying conditions and further reduce the frequency of equine injuries. Beyond the adoption of biometric wearables and artificial intelligence, NYRA is working with the University of Kentucky and Racing Surfaces Testing Laboratory to expand our understanding of how weather conditions impact racetrack performance. Ensuring the safety of horses and jockeys competing on the NYRA circuit is our highest priority, and we thank HISA for investing the time and resources to develop an informative review of the 2023 summer meet.”

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