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Weekly Stewards And Commissions Rulings, June 27-July 3

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.

New York
Track: Belmont Park
Date: 06/27/2023
Licensee: Manuel Franco, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Manuel Franco is hereby suspended (3) NYRA racing days July 7th 2023, July 8th 2023, July 9th 2023 inclusive. This for careless riding during the running of the second race at Belmont Park on June 22nd 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
Belterra Park
William Vernon Bush – violation date June 29; $500 fine and one-day suspension, 13 strikes

Los Alamitos
Tiago Pereira – violation date June 25; $250 fine and one-day suspension, 7 strikes
Abel Cedillo – violation date July 1; $250 fine and one-day suspension, 7 strikes
Erick Garcia – violation date July 1; $250 fine and one-day suspension, 7 strikes
Cesar Ortega – violation date July 2; $250 fine and one-day suspension, 7 strikes
Edgar Payeras – violation date July 2; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations
Date: 06/09/2023
Licensee: Douglas Nunn, trainer
Penalty: Pending
Alleged violation: Intra-articular Injection violation
Explainer: For the use of an intra-articular injection on Smithwick's Spice, who won at Delaware Park on 6/9/23, within 14 days prior to Post-Time. This is a possible violation of Rule 3313—Use of a Controlled Medication Method in relation to a Covered Horse during the Race Period. This is also a possible violation of Rule 4222—Intra-articular Injection within 14 days prior to Post-Time.

Date: 06/04/2023
Licensee: McLean Robertson, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Johnny Up, who won at Canterbury Park on 6/4/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 06/01/2023
Licensee: Jonathon Wong, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
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 is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 05/28/2023
Licensee: Ricardo Legall, trainer
Penalty: Pending
Alleged violation: Medication violations
Explainer: For the presence of Levamisole—Controlled Medication (Class B)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.
For the presence of Dimethylsulfoxide—Controlled Medication (Class C)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 05/28/2023
Licensee: Ray Handal, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Zeranol—a banned substance—in a sample taken from Barrage, who finished second at Belmont Park on 5/28/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers. Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn.
Read more on the story here.

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Nunn’s Attorney Charges HISA With Hypocrisy In Dealing With Intra-Articular Injections

Attorney Drew Mollica understands that his client trainer Doug Nunn violated Horseracing Integrity and Safety Authority (HISA) Rule 3313, which prohibits trainers from running a horse within 14 days of an intra-articular joint injection or working them within seven days of the injection. What he doesn't understand is why his client has been suspended while at least 15 other trainers have been let off the hook for the same violation.

“This is the height of hypocrisy,” Mollica said. “He has been victimized by a system that is flawed.”

On June 26, HISA announced that it had temporarily suspended full enforcement of its intra-articular joint infection rules and that the rule covering workouts would not go into effect until July 15. According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers had breached the rule surrounding intra-articular joint injections prior to a workout. Lazarus said the delay in implementing the rule was needed because there was confusion among trainers regarding the specifics of the rule.

“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,” she said. She 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.”

Alexa Ravit, the director of communications and outreach for the Horseracing Integrity and Welfare Unit (HIWU), confirmed in an email to the TDN that Nunn's penalty was not excused because the injection was too close to a race while the other offenders were too close to a workout.

Monmouth Park Racetrack | Bill Denver/EQUI-PHOTO

According to Mollica, the horse in question, Smithwick's Spice (Frost Giant), was injected 12 days before racing on June 9 in an allowance race at Delaware Park, which the gelding won by three-quarters of a length. That, he argued, is less egregious than working a horse within seven days of an injection.

“The people who made the mistake of working within seven days put more stress on their horses than he did in the 12 days between the injection and racing,” he said. “The racing-versus-the-work argument is not logical because his horse had more time to recover.”

Mollica also said that if HISA had been doing its job the entry of the horse would not have been allowed.

“Doug Nunn's horse had an injection and it was reported on the horse's portal on May 31,” he said. “Everyone knew about it. HISA was supposed to now flag his entry. The horse was supposed to be ineligible to race. But they, maybe because of confusion, didn't do it. Doug Nunn was confused about the rules and didn't talk to his vet and didn't coordinate things properly. He entered the horse. The overnight was out eight days before the race. HISA never said 'Wait a minute, Doug, your horse isn't eligible.' They let him run on June 9. He wins on June 9. There was confusion as to what he was supposed to do. But Doug Nunn, as opposed to, fill in the blanks, the trainers who they let off, was treated differently. Those guys got a pass. That's not America to me.”

Mollica said that if possible confusion about the rules was the reason why trainers who violated the workout provision of the rule weren't suspended then there's no reason why the same argument shouldn't apply to racing a horse in violation of the rule.

“In this situation, there obviously was confusion,” he said. “How do I know? Because HISA themselves dropped the ball. Delaware Park was confused. HISA was confused. Doug was confused. Why is his any confusion any different than their confusion?”

Mollica also wants to know what trainers violated the workout rule. Although any possible suspensions were waived, their horses were ineligible to race within 30 days of the injection, which Mollica, argues, should make the names of those horses a matter of public record. He pointed to the June 29 story in the TDN in which Lazarus implied that the names of those horses would be released.

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

However, the names have not been disclosed and a request to HIWU by the TDN to release the names of the horses involved was denied.

Monmouth Park First Turn | Sarah Andrew

“Since the trainers were not Provisionally Suspended and Charge Letters were not issued to them because they only received a warning (as per HISA's notice), HIWU will not be publishing the names of the horses currently facing a 30-day period of Ineligibility due to breezing too soon after an IA injection,” Ravit wrote to the TDN in an e-mail. “For IA-related matters after July 15, the names of both the trainers and the horses will be published once a Charge Letter is issued to the trainer.”

But HISA's own rule 3620 makes it clear that public disclosure is required. It reads: Rule 3620. Public Disclosure
(a) The Agency shall Publicly Disclose the resolution of an alleged violation of the Protocol no later than 20 calendar days after:
(1) the final decision;
(2) a resolution between the Agency and the Covered Person; or
(3) the withdrawal of a charge or a final decision finding of no violation

Why won't HISA/HIWU release the names of the horses that worked within the seven-day period, even though their own rules say they must? Mollica said he didn't want to speculate but he was quick to fault them for a lack of transparency.

“My problem is the lack of transparency and the lack of fairness,” he said. “What's good for the rich and famous trainers should be good for Doug Nunn. The lack of transparency shows because Lisa Lazarus said you'll know the names of those trainers when we publish the names of the suspended horses. Now we understand they are not going to release the names of those horses. Meanwhile, Doug was publicly villainized with his ruling up there on their website, yet we don't even know who these people who were given a pass are. So tell us. Transparency is the greatest disinfectant. We obviously have an infection. Why are we not disinfecting it?”

Nunn's violation can yield a suspension of up to 60 days but Mollica said he has reached an agreement with HISA and HIWU and that his client will receive a 30-day suspension. The situation has left him asking a lot of questions and he doesn't have all the answers, but he believes that Nunn was treated differently because he's a small-time trainer. Based at Monmouth Park, he's won six races this year from 59 starters and has 305 career victories.

“If you are going to start opening up loopholes, you can't open up loopholes for some and not for others,” Mollica said. “Doug Nunn is a victim of being a small guy in a big world. I do think he's being treated differently, like a lot of little guys are. This is stacked against the little guy. They excoriated Nunn and let others off and they won't even tell us who they are.”

The post Nunn’s Attorney Charges HISA With Hypocrisy In Dealing With Intra-Articular Injections appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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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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