Horseracing Integrity and Welfare Unit

Weekly Rulings: March 28-April 2

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, trainer Jorge Diaz has been suspended a total of 37 days and fined $3,500 for two separate violations.

Diaz was suspended for 30 days after his trainee, Melina's Dream, tested positive for an alkalinizing agent (TCO2) after finishing seventh at Parx Racing on Jan. 3. High total carbon dioxide (TCO2) levels could be an indication of bicarbonate loading–or milkshaking–which can neutralize the build-up of lactic acid in muscles, thereby helping the horse's performance.

Diaz was also suspended an additional seven days due to another trainee, Celtic Treasure, testing positive for Xylazine–a Class B controlled medication used as a sedative or analgesic–after running at Parx Racing on the same day. More detailed explanations of the rulings are currently unavailable on the Horseracing Integrity and Welfare Unit's (HIWU) website.

The new rules on intra-articular injections are still catching a noticeable number of trainers off guard.

Trainer Elliot Sullivan has been suspended for 30 days and fined $2,500 for giving an intra-articular injection within 14 days of a race. Two other trainers–Philip Serpe and Rohan Crichton–have each been fined $3,000 for joint injections within seven days of a timed workout.

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: 04/01/2024
Licensee: Bernell Rhone, 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 Fury Cap, who finished third at Tampa Bay on 2/24/24. 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: 04/01/2024
Licensee: Jorge Diaz, trainer
Penalty: 7-day period of Ineligibility for Covered Person, beginning on May 2, 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 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 was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 04/01/2024
Licensee: Jorge Diaz, trainer
Penalty: 30-day period of Ineligibility for Covered Person, beginning on April 2, 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 $2,500; imposition of 3 Penalty Points. Admission.
Explainer: For the potential breach of Rule 4221–Alkalinization or use/administration of an Alkalinizing Agent (TCO2)–on Melina's Dream, who finished seventh at Parx Racing on 1/3/2024. This was also a possible violation of Rule 3313–Use of a Controlled Method During the Race Period.

Resolution Date: 03/29/2024
Licensee: Philip Serpe, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Itsallcomingtogetha. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/29/2024
Licensee: Elliott Sullivan, trainer
Penalty: 30-day period of Ineligibility beginning on March 30, 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 $2,500; 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, My d'Valentine. This was also a possible violation of Rule 4222–Intra-Articular Injection Within Fourteen Days (14) Days Prior to Post-Time.

Resolution Date: 03/27/2024
Licensee: Blaine Wright, 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 Betamethasone–Controlled Medication (Class C)–in a sample taken from Wodeton, who won at Golden Gate on 1/19/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Resolution Date: 03/27/2024
Licensee: Randy Preston, 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 Flunixin–Controlled Medication (Class C)–in a sample taken from Sharp Life, who finished fourth at Mahoning Valley on 02/20/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/27/2024
Licensee: Gary House, 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. Final decision by HIWU.
Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Callas, who won at Tampa Bay on 2/11/24. 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: 03/27/2024
Licensee: Rohan Crichton, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Fighter in the Win. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Pending ADMC Violations
Date: 02/24/2024
Licensee: Sal Gonzalez, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medication (Class C)–in a sample taken from Mentirosa on 3/1/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Date: 03/01/2024

Licensee: Gustavo Rodriguez, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Glycopyrrolate–Controlled Medication (Class C)–in a sample taken from Flint Ridge on 3/1/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/28/2024
Licensee: Mary Pattershall, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Dimethyl Sulfoxide (DMSO)–Controlled Medication (Class C)–in a sample taken from Shanghai Mike on 2/28/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/31/2024
Licensee: Arnaud Delacour, trainer
Penalty: Pending
Alleged violation: Vets' list medication violation
Explainer: For the presence of Acepromazine–Controlled Medication (Class B)–in a sample taken from J Rivers on 1/31/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 03/13/2024
Licensee: Robertino Diodoro, trainer
Penalty: Provisional suspension
Alleged violation: Possession of banned substance
Explainer: For the possible possession of Levothyroxine (Thyro-L). This is a possible violation of Rule 3214(a)–Possession of Banned Substances.
Read more on the story here.

Date: 03/04/2024
Licensee: Miguel Hernandez, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Arizona Andrew. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/14/2024
Licensee: Odin Londono Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Private Drive, who won at Mahoning Valley on 2/14/24. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 02/13/2024
Licensee: Carlos Lopez, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Major Lopez, who won at Mahoning Valley on 2/13/24, as well as from Emperor's Gold, who was second at Mahoning Valley on 2/13/24. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

VIOLATIONS OF CROP RULE
One important note: HISA's whip use limit is restricted to six strikes during a race.

GOLDEN GATE FIELDS
Francisco Alvarado–violation date March 30; $250 fine and one-day suspension
SUNLAND PARK
Felipe Sanchez Valdez–violation date March 28; $250 fine and one-day suspension

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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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Letter to the Editor: HISA Board Chair Charles Scheeler on HISA’s Approach to Banned Substances

HISA's mission is to protect the integrity of competition and the welfare of horses in the Thoroughbred racing industry. The Banned Substances list, set forth under HISA's Anti-Doping and Medication Control (ADMC) Program, is one of the many ways HISA advances this mission.

Under HISA's ADMC Program, substances with no legitimate, medically justified use in Thoroughbreds are among those classified as Banned Substances, just as they are under the anti-doping programs being run by other equine sports' governing bodies.

Many “non-approved substances” on the Banned Substances list have not been proven to enhance performance, but the fact that they may have performance-enhancing effects–and have no legitimate, medically justified use–is reason enough for inclusion on the list. Horse racing and many other sports take the common sense approach that, for the sake of equine or human athlete's well-being, substances with unknown effects on their bodies should never be permitted to be in their systems.

In line with the Horseracing Integrity and Welfare Unit's (HIWU's) commitment to enforcing the ADMC Program equally and fairly, Responsible Persons can provide context for a violation when notified of suspected rule violations. Following the issuance of a Charge Letter, a Responsible Person may request a hearing before a member of the independent Arbitral Body, where they can present evidence of inadvertent human transfer. Additionally, HISA's Atypical Findings Policy addresses prohibited substances commonly found through environmental contamination (e.g. caffeine, ractopamine, scopolamine). If a horse tests positive for a substance listed in the Atypical Findings Policy, further investigation and review will take place between HIWU and the Responsible Person to determine if the case should be deemed negative or pursued as a violation. A charge is only pursued if the investigation concludes that contamination is not likely to be the cause of the positive. To date, HIWU has received 35 Atypical Findings and only two have resulted in charges.

To ensure fair representation, HISA has also appointed an Ombudsman to help guide Responsible Persons who have questions about their cases and the process and has established a pro bono program to match those who meet certain income and asset requirements with attorneys who have agreed to provide legal services at no cost.

The HISA Board and ADMC Committee extends its appreciation to the vast majority of racing participants who operate in compliance with HISA's ADMC rules and share our commitment to the highest standards of safety, integrity and welfare. Our broad definition of Banned Substances as any substance without a legitimate, medically justified use in Thoroughbreds aligns with this high standard for protecting equine athletes from harm.

Charles Scheeler is the Chair of HISA Board of Directors. Scheeler is a retired partner at DLA Piper, ran investigations in performance-enhancing substance use in Major League Baseball. Pennsylvania State University investigation in the Big Ten Conference and safety practices within the University of Maryland football program. Prior to joining DLA Piper, Scheeler was a federal prosecutor in Maryland.

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The Week in Review: HISA Needs to Expand Oversight to Include 2-Year-Old Sales

The team at the Ocala Breeders' Sales Company does everything it can to run a clean sale. Under OBS's conditions of sale, no medication may be administered within 24 hours of a horse's under-tack performance, 10 to 15% of the horses who are going to sell are tested, and in 2019, OBS prohibited the use of bronchodilators like Clenbuterol at all of its sales.

It may not be enough.

The Jeffrey Englehart story has suggested that may be the case. Englehart bought a Classic Empire colt at the OBS auction last year on June 15. Some five months later the horse, which was unraced and unnamed, broke down while working at Finger Lakes and had to be euthanized. In such a case, the deceased horse is tested by the Horseracing Integrity and Welfare Unit (HIWU), an arm of the Horseracing Integrity and Safety Authority (HISA). The horse, identified as Fast Heart 2021 (the dam is Fast Heart and the horse was born in 2021), tested positive for Clenbuterol.

Englehart, facing a possible suspension of up to two years, was adamant that he never gave the horse the drug and speculated that Fast Heart 2021 was given Clenbuterol leading up to the sale in hopes that it would help the horse to work faster and sell for more. Last week, HIWU cleared Englehart after the results of a segmented hair test showed that the Clenbuterol was in fact given to the horse prior to Englehart taking possession.

The colt was purchased for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The purchaser was Juan Centeno, who entered the horse back in the Ocala sale. Centeno sells under the name of All Dreams Equine. Since the story broke, Centeno has not responded to attempts made by the TDN to get his side of the story.

Englehart bought two horses from Centeno's consignment. On his own, Englehart said he paid to have a segmented hair test done on the other horse, a filly named She She's Shadow (Bucchero). According to Englehart, that horse also tested positive for Clenbuterol.

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

“I think if they did a hair test on every horse (entered in a 2-year-old sale) 70 to 80% would be positive for Clenbuterol,” Englehart said.

That may or may not be the case, but if a PED can result in a horse working just a fraction of a second faster than it would have without drugs, it could be a powerful incentive to cheat; one that can means tens of thousands of dollars to the seller.

Still another problem revolves around the use of bisphosphonates, a controversial group of drugs used in older horses to tackle issues like navicular disease, but also used in younger horses to treat things like sore shins. Once administered, they can stay in a horse's system for years, which could mean a horse given bisphosphonates before a sale could turn up positive long after it was purchased and the current trainer would be vulnerable to suspensions and fines.

HISA and HIWU were created eliminate doping and abuse in Thoroughbred racing, which nearly everyone admits is a problem. Cheating isn't necessarily limited to the racetrack, but that is where HISA focuses almost all of its efforts. Horses aren't subjected to HISA rules and HIWU drug testing until they have had their first officially timed and published workout. That's when they become “covered” horses. As long as they don't own or train any active racehorses, 2-year-old consignors also will not be “covered” or subject to HISA/HIWU oversight and regulations.

The Englehart saga is evidence that this is a problem that needs to be rectified. That hasn't been lost on HISA.

As reported by the Paulick Report, Ann McGovern, who oversees the HISA Racetrack Safety Program, gave a presentation in June at the Track Superintendent Field Day held at Horseshoe Indianapolis. When asked about the issue of HISA having no jurisdiction over 2-year-old sales, McGovern said that in her own opinion, “It's a place that needs regulation, absolutely.”

In September, colleague T.D. Thornton wrote that HISA had initiated discussions with sales companies in an attempt to bring about voluntary compliance with medication rules and regulations.

HISA and its CEO Lisa Lazarus have plenty on their plates and making changes to what is already a complicated set of protocols and regulations is not something that can be done easily. But HISA is doing an incomplete job if it ignores such an important part off the sport as 2-year-old sales or, for that matter, all sales. At the very least, a horse should become a covered horse as soon as they turn two.

If HISA were in charge of policing the June OBS sale would the Fast Heart 2021 story have turned out any differently? That's hard to say. But with HISA staying away from sales, it stands to reason that the would-be cheaters have less to worry about if they try to beat the system.

If HISA is going to clean up racing, clean up all of racing. Huge money is involved when it comes to 2-year-old sales and getting a horse to work as fast as it can is the primary goal of many consignors. Hopefully, very few will use performance-enhancing drugs on horses about to be sold as 2-year-olds, but the incentive to do so is obviously there. HISA needs to take on a larger role that includes 2-year-old sales.

A Banner Day for the Coach

It wasn't a perfect afternoon Saturday at Oaklawn for Wayne Lukas, whose best 3-year-old colt, Just Steel (Justify), was a disappointing seventh in the GII Rebel S., dimming Lukas's hopes of winning his first GI Kentucky Derby in 25 years. But the Hall of Famer still did plenty right on Saturday. He now has a contender for the GI Kentucky Oaks after Lemon Muffin (Collected) upset the GIII Honeybee S. at odds of 28-1.

The filly was only in the race because Lukas continues to take chances that most modern-day trainers won't. Not only was Lemon Muffin still a maiden after five starts, she had never gone beyond six furlongs. But Lukas went into the race brimming with confidence.

“Watch out here,” Lukas said prior to the race. “This one has some ability. Running her in the Honeybee is not the big, giant step some might think. She is just dying to go two turns. She's got a lot of ability and is a competitive, hard-trying filly. This isn't the big step forward you might think from looking at her on paper.”

On the same card, Lukas won an allowance race with Seize the Grey (Arrogate) and finished second in the Carousel S. with Backyard Money (Midshipman)

The ever-optimistic Lukas predicts that he is going to have a big year, in large part because of the horses being funneled his way by John Bellinger and Brian Coelho, who race under the name of BC Stables LLC.

“[Bellinger and Coelho] have a beautiful set of 2-year-olds that are being prepped right now,” Lukas said. “It's an extremely good set. They've got Gun Runners, Justifys, Into Mischiefs, Quality Roads. I am going to go out on a limb and say this is my best set of 2-year-olds in years and years. We should have a helluva Saratoga. I'm getting great reviews out of Ocala on those 2-year-olds.”

No Excuses For White Abarrio

White Abbario (Race Day) threw in an absolute clunker when finishing 10th in Saturday's G1 Saudi Cup. According to co-owner Mark Cornett, the horse came out of the race fine and no one has come up with an explanation as to why he didn't fire.

“He came out of the race perfectly,” Cornett said. “He cooled out in 10 minutes and wasn't blowing, wasn't doing anything. It was like he never ran.”

The owners were contemplating a start in the G1 Dubai World Cup, but that's no longer in their plans. White Abarrio will be shipped home Feb. 29.

“We'll give him some time off, but not too much because he didn't even run,” Cornett said. “We're going to come home and re-group. We don't know yet where he's going to run. Our big goal for the summer will probably be the Whitney again. How we get there, I don't know yet. Probably we could have him ready for the Met Mile. The only thing about that is it's going to be run at Saratoga, so it's going to be a little bit different race. They run the mile races there out of the [Wilson] chute and I'm not a fan of that.”

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