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Diodoro Resurfaces At Lone Star Park

High-profile trainer Robertino Diodoro, who is serving a provisional suspension from the Horseracing Integrity and Welfare Unit (HIWU) after the banned substance levothyroxine was found in his barn at Oaklawn Park, has entered a horse for the April 18 card at Lone Star Park. On opening night, he has entered Master of Disguise (Mastery) in a maiden special weight race with a purse of $33,000.

Diodoro is eligible to race in Texas because the Horseracing Integrity and Safety Authority (HISA) does not have jurisdiction in that state.

Diodoro did not return a phone call from the TDN, but it appears that he will be busy at the Lone Star meet, which concludes on July 14. Diodoro has been allotted 50 stalls, which appears to be the maximum amount allowed by the track's racing department. He has not started a horse since April 3 at Turf Paradise. He was able to run in Arizona after his suspension was announced because the horses had been entered before Diodoro was notified of the violation

Diodoro was provisionally suspended by HIWU on March 29. Though he has been summarily suspended the case must still be reviewed by HIWU's Internal Adjunction Panel. Diodoro also has the option of trying to contest the suspension in court.

Levothyroxine is a thyroid medication. According to the National Library of Medicine the use of thyroid hormones for doping to enhance performance in human sports has long been controversial. There have been claims of abuse of these drugs, but they have not been prohibited by the World Anti-Doping Agency.

The Texas Racing Commission interpreted its state racing rules and concluded that only the racing commission can legally oversee racing in the state and therefore would not allow HISA to come into Texas. Because they are not under HISA's jurisdiction, Lone Star Park and Sam Houston cannot send their simulcast signal out of state.

Diodoro was the leading trainer in 2023 at Oaklawn Park and is currently still in second place in this year's Oaklawn standings. Training since 1995, Diodoro has 3,184 career wins and a winning rate of 21 percent.

A similar scenario is playing out in Louisiana, where trainer Jonathan Wong has begun racing. Wong received a two-year suspension from HIWU after he had a horse test positive for Metformin, a drug that is commonly used by humans to combat type 2 diabetes. Like Texas, Louisiana racing is not under HISA's control. Wong has started eight horses in Louisiana with no winners. He has four horses entered at Evangeline Downs next week and another Saturday night.

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Gabapentin: What Is It?

The news last week that leading trainer Saffie Joseph Jr. has been suspended for 15 days and fined $500 by the Pennsylvania Racing Commission—pending appeal—after one of his trainees tested positive for the substance gabapentin after winning a graded stake at Presque Isle Downs last September, led to a collective head scratch.

What exactly is gabapentin?

“It is a drug that is used as an anti-convulsant in people. It is also used for neurotrophic pain—in other words, pain originating from nerves,” said former California Horse Racing Board (CHRB) director, Rick Arthur. “For example, if you have shingles, they're likely to put you on gabapentin.”

According to the government run MedlinePlus website, gabapentin is commonly prescribed to help control certain types of seizures in people who have epilepsy, and works by decreasing abnormal excitement in the brain.

Common gabapentin medications include Horizant, Gralise, and Neurontin.

Its use in human medicine has increased as an alternative pain relief to highly addictive opioids, said Arthur. But “frankly, it is not very effective,” he added, of the orally administered drug.

Gabapentin is a Class 3, penalty category B drug according to the Association of Racing Commissioners International, meaning it is deemed to have certain uses in racehorses.

Under the Horse Racing and Integrity Act's (HISA) impending anti-doping and medication control (ADMC) program, gabapentin is listed as a category B controlled substance. This means it is permitted for use in certain windows.

When HISA's ADMC goes into effect on March 27, a first-time gabapentin positive comes with a possible 15-day suspension, a fine of up to $1,000, and automatic disqualification of the race-day results.

According to HISA's chief of science, Mary Scollay, because gabapentin is listed in the HISA technical document as an anti-convulsant, “I expect there could be successful legal argument that it's not an analgesic.”

So, for what kinds of issues can gabapentin be used to treat in horses?

“It was advocated about 10, 15 years ago as a way to treat navicular disease,” Arthur said. “But that kind of fell apart as it didn't work.”

It is also used to treat lameness in horses, “but more as a desperation move when they don't know what it is,” he added.

Because of its use as an anti-anxiety medication in humans, some say it has the same potential off-label use for horses, too.

Neither Southern California-based private veterinarian, Ryan Carpenter, nor current CHRB equine medical director, Jeff Blea, are aware of gabapentin being used as a calming agent in racehorses. Though Blea admitted that it could have that effect.

According to the CHRB's stewards rulings webpage, there have been roughly 18 individual gabapentin positives in California since 2005.

“For the most part, they were normally cases where the humans associated with the horse were on gabapentin,” said Arthur, explaining how most cases were ruled instances of environmental contamination.

“We have no idea how the transfer occurs. We were suspicious that it was secondary contamination from someone urinating in the stall but we never confirmed that,” he said.

In one instance, an off-track veterinarian had prescribed gabapentin to a dog that was brought to the barn, said Arthur.

“We assumed it was from urine,” said Arthur, when asked about how the transfer was made. “Why someone would let a dog urinate in the stall I don't know.

While the relationship between a person or an animal prescribed gabapentin and a positive finding in a horse is clear “in most cases,” said Arthur, “there were a number of instances where there was no explanation for it other than the horse being administered gabapentin.”

According to Arthur, if the reported finding shows gabapentin at nanograms in the low single digits, that is typically an indication of environmental contamination.

“If it's up over 15, 20 nanograms, I would expect that to be an intentional administration,” said Arthur. “We had one case around 100 nanograms, which would be impossible to explain by accidental contamination.”

The Pennsylvania Racing Commission did not publish the amount at which gabapentin was found in Artie's Princess's (We Miss Artie) post-race sample. However, Joseph told the TDN last week that the horse tested positive at a level that should be considered below the recognized threshold level.

Joseph also told the TDN that the horse was tested 24 hours before the race by the same laboratory. “The horse was negative and was then positive the next day when no vet treated her. How is that possible? The proof is in the pudding,” said Joseph.

According to Arthur, “you would not expect this drug to work for more than 12 to 24 hours in any sense as an analgesic or pain reducing medication.”

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Cohen Testifies in Giannelli Trial

Day two of Lisa Giannelli's horse-doping trial in a New York courtroom began April 28 with opening statements and ended with testimony from an ex-harness trainer turned government cooperating witness.

“The defendant wasn't just in the doping business, she was in the deception business,” prosecutor Benjamin Gianforte told the jury in U.S. District Court in New York.

But defense attorney Louis Fasulo countered by saying that his client couldn't be found guilty because her actions lacked criminal intent.

“Intent,” he wrote in large letters on a computer screen for the jury of eight men and four women to read.

Fasulo said intent was the crux of the case. “What was Lisa Giannelli's intent? Why did she do what she did?”

Giannelli is challenging the government's evidence against her in a case growing out of the federal government's crackdown on horse doping at racetracks across the country. The defendants included the prominent trainer Jason Servis who faces trial in early 2023.

Giannelli is being tried on one count of conspiring to violate federal law prohibiting the adulteration or misbranding of drugs.

In his opening, Gianforte said that for more than two decades Giannelli distributed illegal performance enhancing drugs that corrupt trainers used to dope horses. He said the drugs clearly violated racing regulations. But that didn't stop the cheaters, he said.

“Why? Because fast horses win money,” the prosecutor said.

Gianforte said the drugs Ginannelli sold were sought after because they were designed not to show up in post-race testing.

“Professional horseracing is highly competitive,” the prosecutor said. “Winning highly lucrative.”

Those create a huge temptation to cheat and defraud others, he said.

“That's what doping amounts to-fraud,” he said.

Gianforte never mentioned by name a key figure: the veterinarian Seth Fishman who manufactured the drugs Giannelli sold at racetracks and training centers. Her customers were mostly harness trainers.

In February, Fishman was convicted of conspiracy. Fasulo told the jury that Giannelli would testify that she did nothing wrong.

“She will tell you what she did and why she did it,” he said. “We're not hiding from that.”

He told the jury that horse racing was a sport in its purest sense and “how it is manipulated goes to the people in the sport.”

He said the trial wasn't about PEDs or horse racing or whether animals should be subjected to drugs. And he said it wasn't about Fishman “with his own motives that he kept” from Giannelli.

“At no time did he tell her she was doing anything wrong in fulfilling his orders,” he said. “She was not the veterinarian; she was not the doctor.”

The cooperator was Ross Cohen, who took the stand after an FBI agent and an FBI photographer testified about law enforcement searches conducted at Giannelli's home in Felton, Del., in 2020 and at Fishman's warehouse in Boca Raton, Fla., in 2019.

Cohen was arrested in 2020 during the government's big takedown. He has since pleaded guilty as part of cooperation agreement with the government.

Cohen, 50, testified that he purchased performance enhancing bleeder pills from Giannelli when he was training horses in New York.

Under questioning from prosecutor Sarah Mortazavi, Cohen said Giannelli told him that he should give the pills to horses on the day of a race even though that would violate race regulations.

“She said they do not test for it at this time, but there was no guarantee they'd always not test,” he testified.

He said testability was important to him.

“I did not want to get suspended and fined and have the owners lose the purse money,” Cohen said.

Earlier in the day, prosecutors showed the jury a 2016 text that Giannelli sent to Fishman referring to Cohen.

“Propanthelene bromide? Ross Cohen is asking about it,” Giannelli wrote.

“Have but it tests,” Fishman replied.

Cohen testified the substance is a bronchodilator that increases a horse's airways. He told Mortazavi he didn't remember talking to Giannelli about that. His testimony resumes April 29.

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Two Years After the Indictments, Where Are They Now?

It may seem like yesterday, but the bombshell that was the announcement that more than two dozen people had been indicted for their alleged role in a horse doping scheme was made exactly two years and two days ago. What has happened to the 29 individuals since the day that shook horse racing to its core?

Here's a rundown:

Jorge Navarro: Navarro pled guilty to one count of drug alteration and misbranding and was sentenced to five years in prison, the maximum allowable sentence. Judge Mary Kay Vyskocil was not the least bit sympathetic when Navarro blamed his juicing on the pressure he was under to win races and went so far as to say she wished she were able to sentence him to more than five years. In addition to the prison sentence, Navarro was ordered to payment of restitution in the amount of $26,860,514, reflecting winnings obtained through his fraudulent doping scheme. He is expected to begin his stay in prison as early as next week.

Jason Servis: Has not entered a guilty plea and seems intent on fighting this to the end. In November, in a superseding indictment, the government tacked on the extra charges of mail and wire fraud conspiracy. The maximum sentence under federal guidelines for the charge is 20 years. His trial has been delayed and is not expected to occur until the first quarter of 2023. He is represented by the high-profile attorney Rita Glavin, who also represented Andrew Cuomo, who resigned amid accusations of sexual harassment.

Louis Grasso, Donato Poliseno, Conor Flynn, Thomas Guido, Rene Allard and Richard Banca: The defendants come from the harness industry and are under an indictment that is separate from the Servis-Navarro indictment. Grasso is a veterinarian, who, the government charges supplied adulterated and misbranded PEDs to trainers. The others are all trainers. All six have been charged with one count of drug adulteration and misbranding and have maintained their innocence. Their case goes to trial June 27.

Erica Garcia and Michael Tannuzzo: Tannuzzo was a NYRA-based trainer with a small stable who, allegedly, helped supply Navarro with drugs. Garcia is a veterinarian who also faces charges that she helped procure drugs for Navarro. Their trial is slated for December.

Marcos Zulueta: A Parx-based trainer who was winning at a 31% clip before being indicted, has pled guilty and has been sentenced to 33 months. He also assisted Navarro in obtaining PEDs. Has not yet reported to prison.

Gregory Skelton: An Indiana-based veterinarian, he is no longer under indictment.

Seth Fishman: The Florida veterinarian ran a large scale operation that manufactured and sold PEDs, Fishman went to trial and was found guilty after the jury deliberated for less than two days. He was convicted on two counts of conspiring to violate adulteration and misbranding laws and the manufacture of PEDS and faces up to 20 years in prison. He was absent from the court room for the last two days of his trial and his absence has yet to be explained. He will be sentenced May 5.

Lisa Gianelli: Assisted Fishman. Her trial was postponed after her lawyer came down with COVID.

Ross Cohen: Is no longer under indictment and testified against Fishman.

Chris Oakes: A prominent harness trainer who used drugs on his own horses and also supplied Navarro with drugs, pled guilty and was sentenced to three years. His sentence will begin June 1.

Nick Surick: Another prominent Standardbred trainer, he is no longer under indictment.

Jordan Fishman: A Massachusetts-based drug manufacturer, he pled guilty and was sentenced to 15 months.

Rick Dane, Jr.: A harness trainer, he has pled guilty and has not yet been sentenced.

Kristian Rhein: A veterinarian based in New York, he sold SGF-1000, the drug that Servis was allegedly using on his horses. He was sentenced to three years and is serving his terms at FCI Fort Dix.

Michael Kegley, Jr.: A sales director for a company that sold PEDs, Kegley was sentenced to 30 months and is serving his term at FCI Ashland.

Alexander Chan: Like Servis, mail and wire fraud charges have been tacked on to the original indictment and he faces up to 20 years in prison. Allegedly procured drug for Servis. His trial has been postponed until 2023, when he will be tried along with Servis.

Henry Argueta: Servis' former assistant, he is no longer under indictment. Would come as no surprise if he were to testify against his old boss.

Scott Robinson: A drug supplier, he pled guilty and was sentenced to 18 months and is serving his sentence at FCI Coleman Low. Granted an interview from prison to the TDN and said he had “thousands of customers.”

Scott Mangini: A drug manufacturer and a former partner with Robinson, was sentenced to 18 months and Is serving his sentence at FPC Pensacola.

Chris Marino: The harness trainer is no longer under indictment.

Sarah Izhaki and Ashley Liebowitz: A mother and daughter team who appeared to be minor players in the scandal. Izhaki pled guilty and was sentenced to time served plus three years of supervised release. Her daughter, Leibowitz, entered into a non-prosecution agreement with the government.

Rebecca Linke: A New Jersey-based veterinarian, Linke entered into a deferred prosecution agreement with the government. The charges in the indictment will be dismissed if she complies with all the rules, regulations and special conditions of the agreement.

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