HIWU | Horse Racing Free Tips

Weekly Stewards And Commissions Rulings: Mar. 5-14

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among this most recent set of rulings, by far the most portentous was the 15-year ban doled out to trainer Milton Pineda, who trained seven different horses that tested positive post-race for the banned substance, Diisopropylamine, between June 2 and July 4 last year. The seven horses started at Los Alamitos and Santa Anita. Pineda was also accused of program training during the period of his provisional suspension.

The Horseracing Integrity and Welfare Unit classifies Diisopropylamine as a vasodilator, which is a substance that dilates the blood vessels to allow blood to flow more freely through them. Diisopropylamine is also found in several everyday items like tobacco and beauty products, and hand sanitizer.

The arbitrator in Pineda's case fined the trainer $180,000 and ordered him to pay an additional $15,000 towards HIWU's share of the legal costs for the proceedings. A more detailed account of the case can be read here.

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: 03/14/2024

Licensee: Milton Pineda, trainer

Penalty: 15-year-ban, $180,000 fine and $15,000 towards HIWU's share of the arbitration costs of the proceedings.

Explainer: Read more on the story here.

Resolution Date: 03/11/2024

Licensee: Dr. Donald J. McCrosky (currently unclear in what specific role McCrosky is a responsible party)

Penalty: 30-day period of Ineligibility, beginning on March 12, 2024; a fine of $2,500. Admission.

Explainer: For the possible breach of Rule 3510(a)—Disruptive or Offensive Conduct that does not rise to Tampering. The ruling involves the horse Madelyn Attack, who McCrosky bred. HIWU has not yet publicly posted a more detailed explainer of the ruling.

Resolution Date: 03/11/2024

Licensee: Carlos Morales, 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, Moose Wilson. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/11/2024

Licensee: Patrick Biancone, 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, Infinite Diamond. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/08/2024

Licensee: Juan Guerrero, 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.

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 was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/08/2024

Licensee: Frank Santillana, trainer

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 was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/08/2024

Licensee: Peter Walder, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission. Final decision by the internal adjudication panel.

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

Resolution Date: 03/07/2024

Licensee: George Arnold II, trainer

Penalty: 7-day period of Ineligibility for Covered Person, beginning on March 8, 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. Admission.

Explainer: For the presence of Tramadol—Controlled Medication (Class B)—in a sample taken from Figgy, who won at Turfway Park on 12/27/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Milton Pineda Banned 15 Years, Fined $195,000

Southern California-based trainer Milton Pineda has been banned for 15 years and ordered to pay a total of $195,000 in fines and legal fees after an arbitration panel found him guilty of seven rule violations under the Horseracing Integrity and Safety Unit (HIWU)'s Anti-Doping and Medication Control (AMDC) program, according to a final decision dated Mar. 12.

Between June 2 and July 4 last year, seven different Pineda-trainees tested positive for Diisopropylamine—a banned substance under the Horseracing Integrity and Safety Act (HISA)—after running at Santa Anita and Los Alamitos. During that period, the Pineda-trained Bella Renella (Clubhouse Ride) ran and won twice at Santa Anita.

The ruling followed a full in-person evidentiary hearing at the JAMS Resolution Center in Irvine, California, on Feb. 27, presided over by arbitrator Nancy Holtz.

“One of the arguments that I made but that I believe in is that the punishment should fit the violation or the crime. But in this case, there is no connection between the conduct or the alleged conduct of Mr. Pineda and the 15 years and the nearly $200,000 in fines,” said attorney Darrell Vienna, who represented Pineda.

“This is just another example of the overreach and the unfairness of HISA and HIWU,” said Vienna, adding that he was unsure whether Pineda would appeal the decision.

Holtz's ruling is by far the harshest penalty meted out since the federal ADMC program went into effect last May.

HIWU classifies Diisopropylamine (DIPA) as a vasodilator, which is a substance that dilates the blood vessels to allow blood to flow more freely through them. Diisopropylamine is also found in several everyday items like tobacco and beauty products, and hand sanitizer.

Indeed, according to the final ruling, Pineda argued that he had “never knowingly or intentionally administered DIPA to his horses,” and that the positive tests likely resulted from the use of certain feed supplements, or cross-contamination through the use of hand sanitizers by official testing barn personnel at Santa Anita Park or Los Alamitos.

Among other claims, Pineda argued that the chain of custody of certain samples “was not done in a way to preserve the integrity of the samples,” and that the testing conducted on one of Bella Renella's B-Samples “was not properly conducted” either, according to the final ruling.

Holtz dismissed these arguments.

“Mr. Pineda has failed to establish no fault or negligence or no significant fault or negligence,” the ruling states, arguing that Pineda failed to prove that the “source was contamination of feed supplements,” and that “there is unrefuted evidence that the hand sanitizer at the test barn of Santa Anita Park and Los Alamitos was not used” by the official personnel.

Holtz also found that Pineda's challenges to the proper chain of custody of the samples failed “at the first step, as he has not established any departure from the Laboratory Standards,” and that questions surrounding the validity of Bella Renella's B-Sample analysis is moot due to the positive findings of the other samples.

A maximum first anti-doping rules violation under HISA for a Diisopropylamine positive is two years. Holtz determined that the seven separate rules violations came to 14 years to be served consecutively.

On the back of his provisional suspension, Pineda transferred care of his horses to trainer Salvador Naranjo, who in turn hired Filberto Alvarado, a former employee and groom of Pineda.

Holtz's rulings finds Pineda guilty of “program training” in breach of his provisional suspension, for which HIWU sought an additional one year ban and $5,000 fine for aggravating circumstances.

“There is evidence that Mr. Pineda has flagrantly disregarded the ADMC Program by breaching his Provisional Suspension and prior Ineligibility, and also exhibited deceptive or obstructive conduct by refusing to allow HIWU investigators to search his phone,” the rulings states.

“Throughout his Provisional Suspension (September 15, 20, 22, 26 and October 19), Mr. Pineda was seen on multiple occasions attending at Los Alamitos watching his Covered Horses train and meeting with both Mr. Naranjo and Mr. Alvarado,” the ruling states.

According to the final ruling, Pineda admitted that he went to the track regularly, “but not to 'program train' (i.e. not to provide instructions to Mr. Naranjo or Alvarado on how to train his former horses), but rather only to pass the time.”

Aside from Bella Renella, the other six Pineda trainees who tested positive for Diisopropylamine were Flatterwithjewels, Big Splash, Chollima, Catbernay, Keep Your Coil and Wegonahaveagoodtime.

These trainees all won the respective races for which they subsequently tested positive, except Flatterwithjewels, who finished second at Santa Anita on June 9 last year.

Holtz fined Pineda $180,000 and ordered him to pay $15,000 towards HIWU's share of the arbitration costs of the proceedings. His 15-year suspension began Mar. 12.

Pineda has worked in the racing industry as a groom, exercise rider, pony rider, assistant trainer, and trainer for most of his life, the ruling states. According to Equibase, Pineda has been training since 2019, winning 49 races from 333 runners.

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Monte Gelrod Latest Parx Trainer to Have Cobalt Positive

Parx-based trainer Monte Gelrod has been notified by the Horseracing Integrity and Welfare Unit (HIWU) that a horse he trains named Ratified (Constitution) tested positive for Cobalt after racing Feb. 19 at Parx. His suspension has been put on hold while HIWU awaits the results of a B sample test. If the B sample also shows the presence of Cobalt, Gelrod faces a suspension of up to two years.

Gelrod's positive was the second recorded at Parx in a short period of time. On Feb. 6, the Patricia Farro-trained Deplane (He's Had Enough) tested positive for the banned substance after winning a $7,500 claimer. As is the case with Gelrod, Farro has continued to train while HIWU awaits the results of the B sample.

Since HIWU took over the role of drug testing and issuing punishments against offending trainers, there have been three positives for Cobalt. The third trainer involved is Mario A. Dominguez, who had a horse test positive following a May 24 race, one that also took place at Parx. Dominguez's case has been resolved and he has received a two-year suspension.

Cobalt has been proven to stimulate the production of EPO and red blood cells in mammals which explains why some have turned to it as a potential performance-enhancer in horses. With greater blood cell production comes better endurance and decreased muscle fatigue.

Gelrod is a relative newcomer when it comes to Thoroughbred racing. Gelrod was a close associate of top Standardbred trainer Bill Robinson, who was banned at Woodbine Entertainment Group's tracks for more than 11 years for repeated drug violations. Gelrod trained Standardbreds on his own from 1991 to 2015 and won 676 races. According to a 2003 story in the Daily Racing Form, he received a five-year suspension in New Jersey after a fourth positive for milkshaking. He began training Thoroughbreds in 2023 and has amassed a career record of 4-for-20.

The case of Farro includes an unusual twist. The horse was claimed out of the race in which he tested positive by trainer Harold Wyner for owner John Fanelli and Longball Stables. HISA rules allow two business days for new owners to consider returning claimed horses to the previous connections after an alleged drug violation. Fanelli and Longball decided to keep the horse even though the horse itself is under a six-month suspension, the result of the Cobalt finding. The new owners ran him back Feb. 14, before the Cobalt positive was made public. He finished third in that race and the owners had to return the $4,928 they picked up in purse earnings because the horse should have been declared ineligible to run in the race.

Farro did not return a call from the TDN seeking comment.

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Jonathan Wong Still Searching For First Win In Louisiana

Trainer Jonathan Wong, who was hit with a two-year suspension by the Horseracing Integrity and Welfare Unit (HIWU) for a metformin positive, has resurfaced in Louisiana, where he has 15 horses at a private training center but has yet to visit the winner's circle. Wong sent out his first starter in Louisiana on Feb. 13. But the same trainer who had one of the biggest stables in Northern California has struggled there, sending out just five horses without a winner.

The plaintiff states of Louisiana and West Virginia won a preliminary injunction in federal court in July that will keep the Horseracing Integrity and Safety Act (HISA) Authority's rules from being implemented in those two states until a lawsuit challenging the constitutionality of HISA gets decided in full. Because he was not under a suspension issued by the Louisiana Racing Commission, Wong is being allowed to compete in the Bayou State.

Fair Grounds, which is owned by Churchill Downs Inc., did not give Wong any stalls but is allowing him to race.

Wong did not start a horse between July 1 and Feb. 13, when he sent out his first Louisiana runner, Desoto's War (Warrior's Reward). He has made just four starts at Fair Grounds and one at Delta Downs.

According to one of his owners, Brent Malmstrom, who is helping with Wong's legal fight, Wong had 141 horses before he was suspended.

Malmstrom and Wong have maintained that the trainer is innocent because the positive for the drug, which is used in humans to treat Type II diabetes, was a matter of environmental contamination.

Wong did not return phone calls from the TDN seeking comment.

“Jonathan Wong may have done some things in the past,” he said. “I can't speak to that. All I can speak to is this: he didn't do this. We don't know where the drug came from. It's odd that at point in time when all this happened almost half of the metformin positives occurred at Horseshoe Indianapolis.”

The horse that tested positive was Heaven and Earth (Gormley) and the positive was found after the filly won a June 1 maiden special weight race at Horseshoe Indianapolis.

Malmstrom acknowledged that this has been a difficult situation for Wong.

“The sad thing about this whole thing is that this cost him his marriage,” he said. “He's got four little children. He's doing whatever he can to survive as I, along with our lawyers, work on the legal side to figure out how to get relief.”

Malmstrom said that most of the horses Wong trained before the suspension have been sent to other trainers.

“He lost his entire business,” he said. “The bulk of the horses he has in Louisiana are mine. I don't turn my back on people when they're at their lowest point in life. Louisiana has been incredibly welcoming and we thank them. People deserve an opportunity to defend themselves and should have the right to earn a living while they are defending themselves. That's a fundamental thing.”

The Fair Grounds meet ends on March 24. Malmstrom said that after Fair Grounds closes Wong will focus on the meet at Evangeline Downs, which opens April 7.

Wong has been training since 2014 and has 1,194 career wins. His best year came in 2021, when he saddled 236 winners and won at a rate of 23%.

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