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HIWU Drops Its Case Against Jeffrey Englehart

Originally charged with administering Clenbuterol to his horse and facing a possible two-year suspension, trainer Jeffrey Englehart was cleared Friday by the Horse Racing Integrity and Welfare Unit (HIWU).

The positive was found in an unraced, unnamed horse out of the mare Fast Heart that Englehart purchased for $14,000 at the OBS auction on June 15. He argued that he did not give the horse the drug and that it was had to have been given to the horse prior to his purchase at OBS. Englehart and his attorney requested that HIWU perform a segmented hair test colt, which can provide a time line for when a drug is administered. 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.

Friday, HIWU issued a statement, which read: “Following a positive test result for Clenbuterol in hair collected from Fast Heart 2021, trainer Jeffrey Englehart requested B Sample analysis and provided a formal explanation to HIWU that he believed that Clenbuterol was administered to the horse prior to his becoming the horse's Responsible Person. The right to request B Sample analysis and submit an explanation for an alleged violation is available to all Covered Persons subject to a potential violation of the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Program.”

“Segmented analysis was performed on the B Sample of the hair by the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis. The results of this analysis indicated that clenbuterol was administered to Fast Heart 2021 before he became a Covered Horse and before Mr. Englehart became his trainer. Thus, Mr. Englehart's explanation was confirmed, and HIWU withdrew the Equine Anti-Doping Notice that had been served on him. The case was dropped before a Provisional Suspension was imposed on Mr. Englehart or a Charge letter was served on him.

“This is great news,” said an emotional Englehart who said he did not know that the charges had been dropped until being told so by the TDN. “I'm so happy I'm shaking right now. I'm very emotional and very happy that HIWU did the right thing. The sport needs their oversight and I'm glad that in my case they decided to do the right thing.”

The colt, who was by Classic Empire, broke down on Nov. 21 at Finger Lakes and had to be euthanized. It is standard procedure for HIWU to perform tests on any horse that has to be put down, and those tests confirmed the presence of Clenbuterol, which is a banned substance. However, Clenbuterol is known to stay in a horse's system for as long as a year, which meant there was a possibility that someone gave it to the horse before he was purchased at Ocala.

The colt was purchased for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The purchaser was Juan Centento, who entered the horse back in the Ocala Sales.

Centeno, who sells under the name of All Dreams Equine, has not responded to numerous phone calls, texts and emails from the TDN seeking comment. Englehart said he got Centeno on the phone for about 20 seconds before he hung up on him

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Weekly Stewards and Commissions Rulings, Feb. 6 – Feb. 12

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 Jonathan Wong has been suspended for two years and fined $25,000 for a post-race metformin positive from last June.

Wong told the TDN he has appealed the ruling which could now go before the Federal Trade Commission, head to federal court, or both. He also said that he would seek a temporary injunction against the ban.

Trainer Kari Craddock was issued a seven-day suspension for a post-race Methocarbamol positive. Methocarbamol is a Class C controlled medication, a first offense for which comes a possible $500 fine and loss of purse. This was Craddock's second Methocarbamol-related violation since HISA's Anti-Doping and Medication Control (ADMC) program went into effect.

Trainer Ismael Bahena has also been provisionally suspended after Bahena's trainee, Color Field, tested positive for methamphetamine–a banned substance under HISA and a ubiquitous drug of human abuse–when winning at Horseshoe Indianapolis on Oct. 30. HIWU has now brought 11 methamphetamine-related cases for adjudication since the ADMC program went into effect.

NEW HISA/HIWU STEWARDS RULINGS

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

Resolved ADMC Violations

Date: 01/06/2024

Licensee: Monte Gelrod, trainer

Penalty: Written reprimand. Admission.

Explainer: For the presence of Omeprazole-Controlled Medication (Class C)-in a sample taken from Salto de Tigre. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/13/2024

Licensee: Jay Nehf, trainer

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

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Customer List. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/21/2024

Licensee: Fernando Abreu, trainer

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

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Sugar N Spice. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/07/2024

Licensee: Jose Delgado, trainer

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

Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Buff Hello, who finished third at Gulfstream Park on 1/7/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/20/2023

Licensee: Kari Craddock, trainer

Penalty: 7-day period of Ineligibility, beginning on February 14, 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 1.5 Penalty Points. Admission.

Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Ekati's Hit, who finished second at Remington Park on 11/20/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/13/2023

Licensee: Darien Rodriguez, trainer

Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Charlotte the Brit, who finished second at Tampa Bay on 12/13/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/01/2023

Licensee: Jonathan Wong, trainer

Penalty: 2-year period of Ineligibility for Covered Person, beginning on July 1, 2023; 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 $25,000; payment of $8,000 of HIWU's arbitration costs. Final decision by arbitral body.

Explainer: For the presence of Metformin-a banned substance-in a sample taken from Heaven and Earth, who won at Horseshoe Indianapolis on 6/1/23. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.

The Week In Review: It’s Not Just The Derby; Now Baffert Has Top Oaks Candidate As Well

Saturday's GIII Las Virgenes S. at Santa Anita was a big test for the Bob Baffert-trained filly and 'TDN Rising Star' Kinza (Carpe Diem). She was coming off a scintillating maiden win in which she got a 96 Beyer, but was facing a much stronger challenge in the one-mile stakes. Not only did she have to prove she could go two turns, but she was facing another potential star in the undefeated Kopion (Omaha Beach), the winner of the GIII Santa Ynez S.

On paper, this was a match race. But Kinza turned it into a one-horse show. She only won by two lengths, but at no point did it look like Kopion could pass the front-running Baffert filly. Kinza got a 93 Beyer to cement her status as the fastest 3-year-old filly in training.

Under normal circumstances, this performance would have stamped Kinza as the clear early favorite for the GI Kentucky Oaks. But there is nothing normal about this year's Oaks or, for that matter, the GI Kentucky Derby.

Kinza, a New York-bred, won't be allowed to run in the Oaks because Baffert was banned by Churchill Downs shortly after Medina Spirit (Protonico) tested positive for betamethasone after crossing the wire first in the 2021 Derby. The same goes for his colts. A week earlier, the Baffert-trained Nysos (Nyquist) looked like Triple Crown-winning material when crushing his opposition in the GIII Robert B. Lewis S. Baffert also has 'TDN Rising Star' Muth (Good Magic), the winner of the GII San Vicente S. and runner-up in last year's GI Breeders' Cup Juvenile. Nysos and Muth are one-two in the NTRA's 3-Year-Old poll. He also has 'TDN Rising Star' Maymum (Frosted), an impressive maiden winner who was entered in Sunday's sixth race at Santa Anita.

In past years, most of Baffert's owners turned their horses over to other trainers, most notably Tim Yakteen, which made them eligible to run at Churchill. But this year, in a surprising display of loyalty, not one Baffert owner took a horse away from him. They put their loyalty to Baffert over their dreams of winning the Kentucky Derby.

This wasn't supposed to happen. Baffert's Churchill ban was originally for two years, which meant he was supposed to be free and clear to run horses there this year. But on July 3, 2023, out of the middle of nowhere, the company announced that it was extending Baffert's ban at least through the end of 2024. It was a shocking development and it was unfair. Baffert's original penalties, which also included a 90-day suspension from the Kentucky Horse Racing Commission and a one-year ban from NYRA, were extremely harsh as it was considering the worst thing Baffert had done was to have positives that stemmed from overages of medications that in no way could be considered performance-enhancing. Since being handed the various suspensions and bans, Baffert has done nothing wrong. He has not had any more positives. He even went so far as to announce on Jan. 22 that he and Medina Spirit's owner Amr Zedan had dropped all legal actions regarding the Derby disqualification. It was an obvious peace offering, but one that was quickly and decisively dismissed by Churchill, which announced that the dropping of the lawsuits changed nothing. Baffert was still banned for, at the very least, all of 2024.

This time, Churchill had gone too far. There's no doubt that their battle with Baffert had turned personal and when that happens, fairness and reason get tossed out the window. Punishing the trainer remained the priority.

But now the script has flipped. That no Baffert horses, no Kinza, no Nysos, no Muth, no Maymum, will appear in Derby week stakes at Churchill will hurt Churchill a lot more than it will hurt Baffert. These will be races that will require asterisks because they did not include some of the best 3-year-old talent in the country.

One theory was that the ban was extended because Churchill didn't want Baffert's return to overshadow the festivities being planned to celebrate the 150th running of the race. It looks like Churchill never imagined that the Baffert owners would effectively boycott the Derby. But that's exactly what has happened. And one of the results of that is the very situation Churchill had hoped to avoid is now going to happen. The major storyline all week will not be the 150th renewal of the race or whoever emerges as the main contenders. It will be all about the missing stars from the Baffert barn, the impact that will have on the race and how it has weakened this Kentucky Derby and this Kentucky Oaks.

There's nothing anyone can do about it now. It's too late for Churchill to reconsider, not that they ever had any intention of doing so. The shot has been fired and it hit squarely in the corporate foot of Churchill Downs Inc. This was all so unnecessary. All they had to do was let Baffert back after the two-year ban ended. Instead, they kept moving the goal posts and double downed on what was a dubious punishment in the first place. This Derby and this Oaks will not be what they should be and Churchill has no one to blame but itself.

Oh, well. At least it should be a good GI Preakness S.

Maymun | Benoit

John Pimental Doesn't Get a Break

HISA/HIWU resolved its case against small-time trainer John Pimental last week. He has been handed a 15-month suspension and a fine of $10,000 for possession of banned thyroid medication, Thyro-L. Pimental also has an outstanding case against him for a methamphetamine positive. So he may be facing still more serious penalties.

You can read more about his story and his case by clicking here.

Yes, the rules are the rules and Pimental was not careful and did not properly dispose of the thyroid medication, even though he had a prescription to administer it to a stable pony. As for the methamphetamine positive, it almost has to be the result of human contamination. The bottom line is that the punishment does not come anywhere close to fitting the crime. John Pimental is not a cheat or a horse doper. At the very worst, he's guilty of not being careful when it came to the Thyro-L.

Yes, HISA/HIWU is a work in progress and since HIWU got off and running last May, they have altered some of their policies and have been less draconian when it comes to catching and penalizing people for drug violations.

But they haven't come far enough and the Pimental case is a prime example. By no means did he do anything to warrant a 15-month suspension and a $10,000 fine.

HISA needs to hire a Vice President of Common Sense, someone who understands racing, understands what is cheating and what is not, and can put the brakes on the organization when they go after people like John Pimental.

A Loaded Risen Star

With the exception of Mandaloun (Into Mischief), who was awarded the win in the Kentucky Derby after Medina Spirit was disqualified, the GII Risen Star S. at the Fair Grounds has never produced a Kentucky Derby winner. That could easily change this year as the 2024 edition is loaded with talent. Trained by Chad Brown, Sierra Leone (Gun Runner) is a $2.3 million Fasig-Tipton Saratoga purchase and will be favored. He was last seen closing from last to just miss by a nose in the GII Remsen S. He is clearly Brown's best chance yet to add a Derby win on to his record.

He'll have to come into New Orleans ready to run as the competition includes Hall of Fame (Gun Runner), also bought at Saratoga as a yearling for $1.4 million, who is coming off an impressive maiden win for Steve Asmussen. Then there's GII Kentucky Jockey Club winner Honor Marie (Honor Code); Smarty Jones winner Catching Freedom (Constitution) and GIII Lecomte S. Winner Track Phantom (Quality Road).

The post The Week In Review: It’s Not Just The Derby; Now Baffert Has Top Oaks Candidate As Well appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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John Pimental Gets 15-Month Suspension, $10,000 Fine

Trainer John Pimental has been handed a 15-month suspension and a fine of $10,000 for possession of banned thyroid medication, Thyro-L. Though Pimental had a prescription to administer the drug to his pony, the possession of a banned substance is classed an anti-doping rule violation under HISA.

That news was one of the rulings posted this week among Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Pimental's case was resolved without a final hearing after he accepted the Horseracing Integrity and Welfare Unit's (HIWU) sanctions.

Pimental's case was the subject of this in-depth TDN investigation last October. It details the then 68-year-old trainer's financial and professional struggles fighting a potential three-year ban and $25,000 fine. Pimental also has an outstanding case against him for a methamphetamine positive. Methamphetamine is a ubiquitous drug of human abuse that is the subject of nine other individual cases since HISA's drug control program went into effect.

In nearly a half-century of training, the TDN reported, the only Association of Racing Commissioners International violation on Pimental's record was a $100 fine for once not having a foal certificate on file.

In the case resolution report, HIWU lists several mitigating details in Pimental's case, including how he produced a valid prescription record for the Thyro-L, as well as a letter from his veterinarian, supporting its use in the pony, a “non-Covered Horse”; that “there is no evidence that Mr. Pimental possessed the Thyro-L for use in a Covered Horse after the ADMC Program went into effect”; that the pony for whom the Thyro-L was prescribed was “still alive and in the Pimentals' possession and care at the time the Thyro-L was found”; and that the Pimentals “openly admitted their mistake.”

At the same time, “Mr. Pimental did not educate himself on the impending ADMC Program rules, he took no precautions to ensure he was not in Possession of Thyro-L once the ADMC Program took effect, and he failed to supervise the disposal of the Thyro-L in his Possession,” the report states, in justification of the sanctions.

Trainer Manuel Badilla has also been suspended seven days and fined $1,000 after his trainee, Shana Madel, who finished second at Golden Gate on Dec. 26, subsequently tested positive for the anti-inflammatory, dexamethasone.

Dexamethasone is a Class C controlled medication, a first offense for which comes with a possible $500 fine and loss of purse. The “case resolution” report states that this was Badilla's second Class C controlled medication violation within two years, however, leading to the increased suspension period and fine.

Other rulings issued were:

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

Date: 12/24/2023
Licensee: David Geofroy (listed as the horse's owner on Equibase)
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of 5-Hydroxy Dantrolene-Controlled Medication (Class C)-in a sample taken from Gran Runner. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/26/2023
Licensee: Manuel Badilla, trainer
Penalty: 7-day period of Ineligibility, beginning on February 1, 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 1.5 Penalty Points. Admission.

Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Shana Madel, who finished second at Golden Gate on 12/26/23. This was 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: Anthony Dutrow, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Past Tense. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/11/2024
Licensee: Ignacio Correas, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Didia. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 07/28/2023
Licensee: John Pimental, trainer
Penalty: 15-month period of Ineligibility for Covered Person, beginning on July 28, 2023; a fine of $10,000.
Explainer: For the possible possession of Levothyroxine (Thyro-L). This was a possible violation of Rule 3214(a)-Possession of Banned Substances
Read more on Pimental's story here.

Pending ADMC Violations

Date: 12/09/2023
Licensee: Michael Gorham, trainer
Penalty: Pending
Alleged violation: Out of competition medication violation
Explainer: For the presence of Acepromazine-Controlled Medication (Class B)-in a sample taken from Tom Char. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/09/2023
Licensee: Steve Klesaris, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Gabapentin-Controlled Medication (Class B)-in a sample taken from She's Awesome, who won at Aqueduct on 11/9/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/20/2023
Licensee: Kari Craddock, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Ekati's Hit, who finished second at Remington Park on 11/20/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/07/2024
Licensee: Jose Delgado, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Buff Hello, who finished third at Gulfstream Park on 1/7/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/29/2023
Licensee: Hutch Holsapple, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Oxymorphone-a banned substance-in a sample taken from Krickle, who finished second at Turfway Park on 12/29/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 12/13/2023
Licensee: Darien Rodriguez, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Charlotte the Brit, who finished second at Tampa Bay on 12/13/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/01/2023
Licensee: Daniel Franko, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Caffeine-Controlled Medication (Class B)-in a sample taken from Misty's Cat, who won at Golden Gate on 12/1/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/28/2023
Licensee: Ron Moquett, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Mepivacaine-Controlled Medication (Class B)-in a sample taken from Speed Bias, who finished third in the G2 Hagyard Fayette S. at Keeneland on 10/28/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

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.

NEW YORK

Track: Aqueduct
Date: 02/03/2024
Licensee: Marshall Gramm, owner
Penalty: $2,000 fine
Violation: Breach of transfer rule for claimed horses
Explainer: Owner Marshall K Gramm is hereby fined the sum of $2,000 for violating rule #4038.4 Sale, transfer restricted. This for the transfering of claimed horse “Truculent” prior to the thirty days from the date of the claim.

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