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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 Equine Anti-Doping charge withdrawn.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 Equine Controlled Medication charge withdrawn.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.

The post Weekly Stewards And Commissions Rulings, Feb. 20-26 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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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

The post HIWU Drops Its Case Against Jeffrey Englehart appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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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.

Facing A Two-Year Suspension For Clenbuterol, Trainer Jeffrey Englehart Says They’ve Got The Wrong Guy

On the surface, the case against trainer Jeffrey Englehart seems pretty cut and dried. He had a horse test positive for Clenbuterol, the bronchodilator that is on the Horseracing Integrity and Welfare Unit's (HIWU) list of banned substances. Trainers found using banned substances can be suspended for up to two years. But Englehart, who races at the NYRA tracks and at Finger Lakes, is adamant that he never gave the drug to the horse in question.

“We don't use Clenbuterol. Period,” Englehart said.

So is there more to this story? Dig a little deeper and you might conclude that there is. To Englehart, it's not about the fact that the horse tested positive. He doesn't dispute that finding. But when was the horse given Clenbuterol and by whom? He hopes the answers to those questions will clear his name and lead to HIWU dropping the case against him.

The horse that tested positive for Clenbuterol was an unnamed 2-year-old by Classic Empire out of Fast Heart. Englehart bought the horse on behalf of owner Marcello Rosa for $14,000 at the OBS auction June 15. The horse broke down while training and had to be euthanized at Finger Lakes Nov. 21.

Englehart's problems were just beginning.

HIWU performed a battery of tests on the deceased horse, including blood, urine and hair. The blood and urine tests were negative. According to Rick Arthur, former equine medical director for the California Horse Racing Board, a standard dose of Clenbuterol will typically be detectable in the blood for about three to four days after administration. For urine, the detection window would typically be between 10 to 17 days after administration.

But HIWU also performed a hair test, which revealed the presence of Clenbuterol. Englehart claims that hair tests can show the presence of the substance for up to a year after it was given to a horse. According to Arthur, Clenbuterol can be found in hair samples for at least six months after the drug was administered.

Dr. Rick Arthur | Horsephotos

“We've certainly seen Clenbuterol in hair up to six months,” said Arthur. “It could probably stay longer, we just haven't tried to look at it. We did a lot of hair testing for Clenbuterol in Quarter Horses at Los Alamitos. Trainers have contended that horses past six months have tested positive.”

After learning about how long after administration Clenbuterol can be found in a hair sample, Englehart started to do the math. The horse broke down exactly five months and six days after the purchase at OBS. That means, Englehart contends, that it is entirely possible that someone gave the horse the drug before he purchased it and that he could be suspended for something someone else did.

“(HIWU) say it's in the horse's system, so you are guilty,” said Englehart, who is still training while awaiting he results of the split sample test done on the Classic Empire colt. “It doesn't matter to them that it can stay in the system for up to a year and I only had the horse for less than six months. That's completely unfair. They are trying to upend my life.”

The unraced colt was sold for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The consignor was Vinery Sales and the purchaser was Juan Centeno. The latter, who sells under the name of All Dreams Equine, turned around and put the horse in OBS June. It was one of five horses who successfully went through the ring, including a horse named She She's Shadow (Bucchero), who was also purchased by Englehart.

When asked if She She's Shadow was tested and what the results were, Alexa Ravit, the director of communications & outreach for HIWU, said in an email response to the TDN: “HIWU cannot comment on what horses have been sampled or their subsequent test results beyond what is published on our website in accordance with the ADMC Program's public disclosure requirements.”

Englehart's theory is that Centeno gave the Clenbuterol to the horse in hopes that it would help the colt have a fast pre-sale workout. The horse put in a two-furlong breeze in :22.

“I don't know the gentleman from All Dreams Equine,” Englehart said. “I just know it had to be him because I know it wasn't me.”

Centeno did not respond to emails, text messages and phone calls from the TDN requesting a comment.

Englehart alleged that Clenbuterol use is “rampant” at the 2-year-old sales.

“This horse was probably training on (Clenbuterol) right up to day he sold,” Englehart said. “It's very well known that Clenbuterol use is rampant at sales. Every trainer knows that. I think if they did a hair test on every horse 70 to 80 percent would be positive for Clenbuterol.”

Under OBS's conditions of sale, no medication may be administered within 24 hours of a horse's under-tack performance. Several specific medications may not be administered on the sales grounds or present in a test sample, including Clenbuterol. OBS tests around 10-15% of the horses who are going to sell, but does not do hair-sample tests, just blood and urine. This colt was not one of those randomly tested in June, the sales company said.

Tom Ventura | Patty Wolfe

When asked to elaborate on the sales company's rules regarding Clenbuterol, OBS President Tom Ventura said every step possible is taken to make sure that no horse in the sale has been given that particular drug.

“With our policy for bronchodilators, including Clenbuterol, we were ahead of the racing curve, because the sales companies have the ability within the conditions of sale to put policies in place maybe a little quicker than jumping through the regulatory hoops that are required at the racetracks,” Ventura said. “OBS, in October of 2019, prohibited bronchodilators. Period. In any animal at any level, in any type of sale.

“Since the very beginning of the tests, I think we had two early on who tested positive and didn't go through the ring, so two positives that we have had for Clenbuterol in four years. I know there weren't any in the last year. We test them as they're coming off the racetrack, and then the buyers have the right to test when they sign the sales ticket. We haven't had any returns for Clenbuterol from those tests.”

In limbo while awaiting the results of the split sample, Englehart has continued his own investigation. He believes the answer to his problems may lie in what is called a segmented drug test, which can provide a time line so far as when a drug was used.

According to the website cellmark.co.uk, by segmenting head hair samples into monthly one-centimeter sections, a month-by-month historic profile of drug use can be obtained. That goes for humans and horses.

If the segmented test shows that the Clenbuterol was administered prior to the day when Englehart bought the horse, it would seem to prove his point that someone else must have given the drug to the horse and lead, he believes, to him being exonerated.

Englehart has sent a hair sample off to the lab at Texas A&M and asked it to do a segmented test.

“I'm just hoping they look at the science and I don't have to do the suspension,” he said.

The problem is that he doesn't know if HIWU will also do a segmented test. Will they? Have they? HIWU won't say.

“HIWU cannot publicly comment on the specific facts of pending cases, including whether segmented analysis was conducted on samples taken from specific horses,” Ravit said in another email.

Finger Lakes | Sarah Andrew

That's not reassuring to Englehart, who points out that the problem extends beyond sales. Horses often change hands, whether being bought at auction, being claimed or being privately purchased, and if they test positive for Clenbuterol through hair tests it would be unfair to automatically penalize the person who had the horse at the time it tested positive.

“The average horseman who bought a horse or has a horse in their possession for only a short period of time, they can't be dropping the hammer on them when something can still show up in these tests after a year,” Englehart said. “You have to know when the horse was given the Clenbuterol.”

We posed this question to HIWU: “Could a horse be given Clenbuterol by someone prior to being transferred to a new trainer and test positive? That would mean the current trainer would be getting penalized for something someone else did. Is this a plausible scenario?”

Ravit's response did not answer that question.

“HIWU cannot comment on the specific questions regarding Englehart's pending case, including the samples collected and type of testing conducted on Fast Heart 2021, the expected timeline to receive the B Sample results, and the plausibility of his defense,” she wrote. “Additionally, HIWU cannot speculate on the adjudication of the hypothetical case you described, for the outcome would depend on the specific facts of the case.”

Englehart is worried that he is running short on time. Once the results of split sample are in and as long as it also shows the presence of Clenbuterol, he will be facing what could be an immediate suspension that can last as long as two years.

“I'm just hoping that the tests comes back and vindicates me,” he said. “I will fight this as hard as you can and take this as far as necessary. I'm ready to take it to the courts. Meanwhile, this has been a nightmare for me.”

Dan Ross contributed to this story.

The post Facing A Two-Year Suspension For Clenbuterol, Trainer Jeffrey Englehart Says They’ve Got The Wrong Guy appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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