Horseracing Integrity and Welfare Unit | Horse Racing Free Tips

HIWU: Efforts to Harmonize Laboratory “Testing Sensitivity” Underway

In a statement Thursday, the Horseracing Integrity and Welfare Unit (HIWU)–the enforcement arm of the Horseracing Integrity and Safety Act (HISA)–said that an internal review of the six accredited laboratories used by the agency had unearthed different limits of detection in blood for metformin, a banned substance at all times under HISA.

“Following this review, which was conducted in collaboration with the laboratories, it was determined that not all applied the same Limit of Detection in analyzing samples for the presence of Metformin. HIWU has since met with all six laboratories to establish an updated, uniform Limit of Detection,” according to the HIWU statement.

Furthermore, “there are efforts to harmonize testing sensitivity across the laboratories through an external quality assurance program that includes single- and double-blind quality assurance samples and a passed sample exchange program,” according to the HIWU statement.

“Additionally, substances will continue to be reviewed on a case-by-case basis to ensure that all laboratories contracted by HIWU report uniform results for the same substances present at the same levels in different samples,” the statement reads.

All HIWU-contracted laboratories contracted are accredited by the Racing Medication & Testing Consortium.

According to HIWU, HISA's Equine Analytical Laboratory Accreditation standards are currently in development, and HIWU expects the process to continue through 2024.

Because of this flaw in testing uniformity, HIWU has lifted the provisional suspensions it had initially imposed on trainers Guadalupe Munoz Elizondo and Javier Morzan for metformin positives.

The agency wrote that it will also be withdrawing the Equine Anti-Doping Charge letters against Elizondo and Morzan “due to their Covered Horses testing positive for Metformin at levels in blood that would not have been reported as Adverse Analytical Findings under the updated Limit of Detection.”

Elizondo trainee, Quinton's Charmer (Quinton's Gold), tested positive for metformin, a common type 2 diabetes drug in humans, in a sample taken June 11 this year.

The Morzan-trained Lady Liv (Bal A Bali) tested positive for metformin after finishing third at Delaware Park June 24.

Elizondo and Morzan were two of five trainers this past week who have seen their provisional suspensions lifted by HIWU. Besides the metformin cases, two were for cocaine positives, and one was for the diuretic hydrochlorothiazide.

On Tuesday, Michelle Pujals, HIWU general counsel, sent Elizondo a letter explaining the decision behind lifting the provisional suspension.

In the letter, Pujals wrote that “HIWU has determined that there was variability across laboratories with respect to Limit of Detection for this Banned Substance, and, in order to eliminate inconsistency in enforcement based on interlaboratory capabilities, HIWU is determining whether this finding will be pursued as an Adverse Analytical Finding.”

On Wednesday, TDN submitted to HIWU a list of questions about the contents of the letter, including further explanations on what was meant by “variability across laboratories,” and “inconsistency in enforcement based on interlaboratory capabilities.”

TDN will follow-up with HIWU about the remaining questions unanswered by Thursday's statement.

There remain three trainers with pending hearings for metformin positives whose provisional suspensions have not been lifted by HIWU. They are Jonathan Wong, Angel Sanchez and Michael Lauer.

In Thursday's statement, HIWU wrote that the review of and update to the metformin limit of detection in blood represents “progress from previous state-based regulatory structures in which laboratories historically operated independently of each other, resulting in substances being controlled differently depending on the laboratory conducting the testing.”

The statement adds that “HISA's national structure enables HIWU to oversee all testing across the country and facilitate uniform enforcement of the ADMC rules. HIWU is committed to the harmonization of its laboratories and continues to work with them to reach this goal.”

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Provisional Suspension Against Brion, Four Others, Dropped by HIWU

Trainer Keri Brion, who was provisionally suspended by the Horseracing Integrity and Welfare Unit (HIWU) after a horse she trained allegedly tested positive for cocaine, has been cleared.

The suspension was lifted pursuant to HIWU Rule 3247 (e). The rule reads: “…if it considers it appropriate to do so on the specific facts of the case, the Agency may lift the Provisional Suspension.”

Suspensions that had been issued to R. McLane Hendriks, Carlos Milian, Javier Morzan and Guadalupe Munoz Elizondo were also lifted.

A full hearing in all five cases are still pending.

Like Brion, Hendriks was facing a cocaine positive. Milian had a horse test positive for the diuretic hydrochlorothiazide and Morzan and Elizondo had trainees test positive for metformin, a medication commonly prescribed in humans for type 2 diabetes.

It is not clear why the suspensions were lifted, but in the case of Brion, HIWU likely factored in the possibility that the positive test for cocaine was the result of environmental contamination. Brion, a former assistant to Jonathan Sheppard, was facing a suspension of up to two years.

The Brion-trained Chasing After You (Speightstown) tested positive after winning a Sept. 19 claiming race at Presque Isle Downs.

“Obviously, it's been a very stressful week,” Brion said. “I was totally blindsided by this. I don't give my horses cocaine. It's good that they are continuing to change protocols, what they do and how they handle things. It's just a shame that it has to happen through trial and error. In my case, I was written up in the TDN about being suspended for a banned substance. That's hard. I'm hopeful that it's all heading in the right direction. I think they are taking what they are learning from these situations and trying to make the system better. I am appreciative of that.”

Brion believes that this was a case of environmental contamination and that it emanated from the receiving barn at Presque Isle Downs.

“I believe it came through the receiving barn at Presque Isle,” she said. “Trainers are held 100% responsible and I'm all for being held responsible. But we don't scrub, clean and power wash receiving barns, so when we ship in, we don't have control over that. The receiving barns aren't clean. If we are going to be held to this level, zero tolerance, and everything falls back on us, then tracks need to make sure that the stalls we ship into are completely sanitized. And that's not the case at most of the tracks we go to.”

Brion noted that other trainers have found themselves in similar situations.

“I applaud what they are trying to do, but there have been a couple of positives where the levels are very low and it seems to be contamination,” she said. “We are not the bad guys. I have been training for only three years and when something like this happens, it really rocks you.”

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Weekly Rulings: Oct. 10-16

Every week, the TDN publishes a round-up of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

The TDN also posts a round-up of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

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.

RESOLVED ADMC VIOLATIONS

Original date: 09/16/2023
Licensee: Keith Desormeaux, trainer
Penalty: 7-day period of Ineligibility, beginning on October 17, 2023; a fine of $1,000; imposition of 2 penalty points.Admission of ECM Rule Violation and Acceptance of Consequences
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Auto Dial. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Original date: 08/27/2023
Licensee: Mark Hibdon, 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 Flunixin—Controlled Medication (Class C)—in a sample taken from D'wild Muffin, who won at Arapahoe on 8/27/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Original date: 08/05/2023
Licensee: Rodolfo Sanchez-Salomon, 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 of ECM Rule Violation and Acceptance of Consequences
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Matty Bo, who won at Laurel Park on 8/5/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Original date: 08/03/2023
Licensee: Jose Puentes, 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 of ECM Rule Violation and Acceptance of Consequences

Explainer: For the presence of Dantrolene—Controlled Medications (Class C)—in a sample taken from Pour on the Cole, who won at Santa Rosa on 8/3/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Original date: 06/20/2023
Licensee: Joseph Taylor, trainer
Penalty: 36-month period of Ineligibility (18 months per violation) for Covered Person, beginning on July 18, 2023; 14-month period of Ineligibility for Covered Horse, beginning on June 20, 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 ($12,500 per violation). Admission of EAD Rule Violation and Acceptance of Consequences
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Classy American, who finished second at Parx Racing on 6/20/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Original date: 06/18/2023
Licensee: Joseph Taylor, trainer
Penalty: 36-month period of Ineligibility (18 months per violation) for Covered Person, beginning on July 18, 2026; 14-month period of Ineligibility for Covered Horse, beginning on June 18, 2023; Disqualification of Covered Horse's Race results obtained on 6/18/23 and 7/12/23, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $25,000 ($12,500 per violation). Admission of EAD Rule Violation and Acceptance of Consequences
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Cajun Cousin, who finished second at Parx Racing on 6/18/23. 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: 09/15/2023
Licensee: Rodolfo Garcia, trainer
Penalty: Pending
Alleged violation: Medication 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, Castellana. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/13/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: Concerns the horses Thisaintjumpstreet, Willie Wando, Tudox, Rue Majestic. This is a possible violation ofRule 3229(b)—Status During Provisional Suspension or Ineligibility

Date: 09/10/2023
Licensee: Luciano Medina Gabriel, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Omeprazole—Controlled Medications (Class C)—in a sample taken from Bel Ragazzo, who won at Emerald Downs on 9/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Date: 09/06/2023
Licensee: Philip Aristone, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Lamotrigine—Controlled Medications (Class B)—in a sample taken from Jewels in the Bay, who won at Parx Racing on 9/06/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/27/2023
Licensee: Mario Serey Jr., trainer
Penalty: Pending
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Some is Mine. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/23/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Mi Tres Por Ciento. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.
Other notable changes:

The following trainers had their provisional suspensions lifted with a full merits hearing still pending:
McLane Hendricks – Princess Javoncia, cocaine positive on 8/16/23

Carlos Milian – Junglherly Love, hydrochlorothiazide positive on 7/29/23

Javier Morzan – Lady Liv, metformin positive on 6/24/23

Guadalupe Munoz Elizondo – Quinton's Charmer, metformin positive on 6/11/23

VIOLATIONS OF CROP RULE

One important note: HISA's whip use limit is restricted to six strikes during a race.
Delaware Park
Jairo Alonso Rendon – violation date Oct 11; $250 fine but no further records of the ruling

Keeneland
Jack Francis Gilligan – violation date Oct 11; $250 fine but no further records of the ruling
Christopher Emigh – violation date Oct 12; $250 fine but no further records of the ruling
Walter Antonio Rodriguez – violation date Oct 12; $250 fine but no further records of the ruling

OTHER KEY RULINGS
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.

FLORIDA
The following was taken from the ARCI's “recent rulings” webpage.
Track: Gulfstream Park
Date: 08/23/2023
Licensee: Todd Pletcher, trainer
Penalty: $1,000 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2023-000983 – F.S. 550.2415 VIOLATION = DEXAMETHASONE. “OK BOOMER”

NEW YORK
Track: Aqueduct
Date: 10/11/2023
Licensee: Javier Castellano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Javier Castellano is hereby suspended 3 NYRA racing days, this for careless riding during the running of the 5th race at Aqueduct Racetrack on October 1st 2023 having appealed a stay has been granted.

Track: Aqueduct
Date: 10/11/2023
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Joel Rosario having waived his right to an appeal is hereby suspended 3 NYRA racing days October 19th 2023, October 20th 2023, and October 21st 2023 inclusive. This for careless riding during the running of the 7th race at Aqueduct Racetrack on October 4th 2023.

Track: Aqueduct
Date: 10/11/2023
Licensee: Jose Lezcano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Jose Lezcano having waived his right to an appeal is hereby suspended 3 NYRA racing days October 19th 2023, October 20th 2023, and October 21st 2023 inclusive. This for careless riding during the running of the 5th race at Aqueduct Racetrack on October 1st 2023.

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HISA Releases Request For Furosemide Research Proposals

HISA released a request for proposals concerning research over the administration of furosemide to Thoroughbred racehorses during the 48-hour period before the start of a race, the organization said in a release late Tuesday.

This research is required as part of HISA's Congressional mandate. The conclusions will be used to guide HISA's Furosemide Advisory Committee in its recommendations to their Board on the next course of action regarding the administration of the drug.

Responses are due by Nov. 15 at 11:59 pm (ET). Questions pertaining to the process for submitting a response and final proposals can be directed to Dr. Jennifer Durenberger and/or Sam Reinhardt.

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