Given 22-Month Suspension From HIWU, Trainer Poole Calls Process A ‘Joke’

When two members of Gulfstream Park's security team and a veterinarian descended on his barn on the morning of June 2, the 62-year-old trainer Jeff Poole didn't think he had anything to worry about. According to the Jockey Club's Thoroughbred Regulatory Rulings website, Poole, who has been training since 1989, had never had a violation of any kind. And his recent record–he had won 11 races combined since 2021–hardly suggested that he was a trainer who was taking an edge.

Even when investigators found in his office a tube of Thyro-L, which is used with horses for the correction of conditions associated with low-circulating thyroid hormone, Poole wasn't that alarmed. He was given a prescription for the medication in September to use on a horse that was subsequently transferred to another trainer a month later. He says he had not used the drug on any horse since. At the time, it was perfectly legal to use the drug if a prescription had been obtained and in the states Poole raced in, Florida and Ohio, it was not illegal to possess the medication.

Then everything changed on May 22 when the Horseracing Integrity and Welfare Unit (HIWU) took over, handling the drug testing at most U.S. racetracks and levying the penalties for those who were found to have violated HIWU rules. Under the new Anti-Doping and Medication Control (ADMC) rules, the mere possession of Thyro-L was a serious violation as the drug had been designated a banned substance. Suspensions for banned substances carry suspensions of up to two years.

Jeff Poole was in a lot of trouble.

“I was totally unaware I had (Thyro-L),” he said. “I would have thrown it away. I wasn't even using it and they don't accuse me of using it. All they've accused me of is having it. It is not a performance-enhancing drug. This is a joke.”

Poole got the prescription for use on a horse named King Andres on Sept. 27, 2022 while the horse was training at Thistledown. After that race, he was transferred to the barn of trainer Randy Faulkner. The Thyro-L prescription was written by Dr. Scott Shell. In what may be nothing more than a coincidence, Shell was provisionally suspended by HIWU for being in possession of banned substances, none of which were Thyro-L.

From Thistledown, Poole shipped to Tampa Bay Downs and then to Gulfstream. He said that on each occasion his employees packed up everything that wasn't nailed down in his tack room and office, which included the tube of Thyro-L. While it should have been thrown away, it was simply forgotten and thrown in with the rest of Poole's belongings.

One thing Poole cannot do and has not tried to do is claim ignorance. He admits that on March 15, 2023, while at Tampa Bay Downs, he sat in on a presentation from HIWU Chief of Science Dr. Mary Scollay in which Scollay warned trainers that new rules were about to go into effect and that they needed to get rid of medications that were about to fall into the banned substance category. Thyro-L was specifically mentioned.

“I'm hitting myself over the head,” Poole said. “This is so stupid. I could have gotten rid of the stuff. I just didn't think about it. Too much else on my mind.”

Poole decided to fight, which led to having a hearing before an arbitrator that took place on July 26. That gave him plenty of time to think, beginning with why someone would have inspected his barn in the first place.

“They said someone tipped them off that it was in my office,” Poole said. “As far as I'm concerned, they must have sent a stool pigeon into my place. I never would have let anybody in my office who wasn't a friend. And if a friend saw it and knew what was going on, they would have said 'Jeff, get rid of that stuff. You're not allowed to have it anymore.'”

He's also followed other HIWU cases and claims a pattern is emerging whereby it seems that the majority of those who have been suspended are small-time trainers with limited resources. (Ironically, in his ruling, arbitrator Jeffrey Benz referred to Poole as a “high-level trainer of thoroughbred racehorses.”)

“(HISA CEO) Lisa Lazarus talks about how they're not trying to get rid of the little people but it looks to me like that's exactly what they're trying to do,” Poole said. “They gave me 22 months and I never had a bad drug test on a horse ever. They don't care about destroying a man's life when it's totally unnecessary. Horses are my life.”

Lazarus has had to respond to accusations that HISA is targeting small stables many times. When asked to comment on Poole's accusations she said “The ADMC program is completely unbiased” and referred to a letter to the editor she wrote to the TDN that addressed that issue.

During the first weeks of his suspension, Poole did nothing. He remained convinced that his side of the story would hit home with whomever was to decide his fate and that he would be exonerated. He was, of course, wrong.

“I thought this would all be straightened out,” he said. “I never dreamt they'd do this to me. I sat for months with no income. It got to the point where I couldn't keep doing it. I couldn't make a red cent. There was nothing but money going out.”

Once the arbitrator ruled against him, upheld the 22-month suspension plus a $10,000 fine and ordered Poole to pay $8,000 in arbitration costs, he knew he had to do something. While most trainers who have been provisionally suspended by HIWU have sat on the sidelines, Poole moved his stable to Mountaineer Park. HISA does not have jurisdiction over West Virginia racing. The same goes for Louisiana. So Poole is free to race in both states.

“West Virginia is not my home,” he said. “This is not where I want to be. My home is in Tampa, Florida. Every year I look forward to going home. After Mountaineer closes, my only option is to try to get stalls in Louisiana at the Fair Grounds. That's not a place I ever wanted to go to in my life, but it's either that or welcome to Walmart.”

Poole realizes he made mistakes. He was told by Scollay that Thyro-L was going to become a banned substance and that he needed to get rid of it if he had any in his barn. He ignored her warning. He also understands the trainer responsibility rule. No matter what he might think about the rules regarding Thyro-L, he was in possession of a banned substance and under the trainer responsibility rule he had set himself up for a penalty.

But what he can't understand is why he was suspended 22 months and fined $18,000 for what he considers to be a very minor offense.

“I expected to probably be fined for not discarding it,” he said. “But 22 months? If they think that's fair, that's beyond me. Officials, trainers, owners, everybody is telling me how unfair it was what they did to me. But I didn't see it coming. I don't think I deserve anything more than a possible fine.”

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Weekly Stewards And Commissions Rulings, Aug. 8-14

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.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

California
Track: Del Mar
Date: 08/10/2023
Licensee: Brian Koriner
Penalty: $1,000 fine
Violation: Out-of-competition medication violation
Explainer: Trainer Brian Koriner, who worked out the horse Resilient at Santa Anita Park May 18, 2023, is fined $1,000.00 and assessed one half (1/2) point in accordance with California Horse Racing rule #1843.4 (Multiple Medication Violations – Expires 2/10/24 pursuant to California Horse Racing Board rule #1887 (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board rule #1843.1 (b) (Prohibited Drug Substances – Methocarbamol [Class 4] Second Offense in the last 365 days).

Track: Del Mar
Date: 08/11/2023
Licensee: Lisa Bernard, trainer
Penalty: Suspended license, $1,000 fine
Violation: Failure to appear for steward hearing
Explainer: Trainer Lisa Bernard, having failed to respond to written notice, to appear for a formal appeal hearing before the Board of Stewards at Del Mar Racetrack on August 8th, 2023, remains suspended as ordered in LATS Ruling #54 dated April 28th, 2023, issued at Santa Anita Park, Hollywood Meet. Furthermore, Lisa M. Bernard is fined $1,000.00 for violation of California Horse Racing Board Rule #1840 (Veterinary Practices and Treatments Restricted – non-prescribed Acepromazine) and Rule #1842.5 (Trainer to Maintain Medication Treatment Records) at San Luis Rey Downs. Prior to reinstatement of licenses Ms. Bernard is required to participate in a Fitness for License Hearing in addition to payment of fine.

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.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

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

Violations of Crop Rule
Belterra Park
Isaias Florentino Ayala – violation date Aug 9; $250 fine but no further records of the ruling
William Vernon Bush – violation date Aug 10; No records of the ruling
William Vernon Bush – violation date Aug 10; $250 fine but no further records of the ruling

Del Mar
Kent Desormeaux – violation date Aug 12; $692.50 fine and one-day suspension, 8 strikes

Horseshoe Indianapolis
Joe Ramos – violation date Aug 10; $250 fine but no further records of the ruling

Penn National
Anthony Salgado – violation date Aug 8; $250 fine but no further records of the ruling

Pending ADMC Violations
Date: 07/22/2023
Licensee: Dick Clark, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Kissed a Cadet, who won at Prairie Meadows on 7/22/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/20/2023
Licensee: Randy Preston, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Fly Home, who won at Belterra Park on 7/20/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/08/2023
Licensee: Jim Lewis, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Clenbuterol–a banned substance–in a sample taken from Hughie's Holiday, who won at Ruidoso Downs on 7/8/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/08/2023
Licensee: Sergio Alvarez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Mischief Mame, who finished third at Emerald Downs on 7/8/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/07/2023
Licensee: Ramon Rechy, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine–a banned substance–in a sample taken from Night Livin, who won at Horseshoe Indianapolis on 7/7/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/04/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Wegonahaveagood, who won at Los Alamitos on 7/4/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/02/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Keep Your Coil, who won at Los Alamitos on 7/2/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/01/2023
Licensee: Milton Pineda, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Catbernay, who won at Los Alamitos on 7/1/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/25/2023
Licensee: Benjamin Feliciano Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone and Methocarbamol–both Controlled Medications (Class C)–in a sample taken from Orville Street. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Resolved ADMC Violations
Date: 06/28/2023
Licensee: Tina Chamberlin, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Rosebud Ryde. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 06/8/2023
Licensee: Climaco Galindo-Torres, 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.
Alleged Violation: For the presence of Salicylic Acid–Controlled Medication (Class C)–in a sample taken from Delaney's Grace who finished eighth at Belterra Park on 6/8/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance.

Date: 06/02/2023
Licensee: Bernard Dunham, trainer
Penalty: 7-day period of Ineligibility beginning on August 5, 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 $1,000; imposition of 2 Penalty Points.
Alleged Violation: For the presence of Albuterol–Controlled Medication (Class B)–in a sample taken from Afandi, who finished second at Pimlico on 6/2/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance.

Date: 06/02/2023
Licensee: Jeffrey Poole, trainer
Penalty: 22-month period of Ineligibility for Covered Person beginning on June 13, 2023; a fine of $10,000; and payment of $8,000 in arbitration costs.
Alleged Violation: Possession of a Banned Substance, Levothyroxine (Thyro-L). Rule 3214(a): “Other Anti-Doping Rule Violations Involving Banned Substances or Banned Methods. The following acts and omissions constitute Anti-Doping Rule Violations by the Covered Person(s) in question: (a) Possession of a Banned Substance or a Banned Method, unless there is compelling justification for such Possession.”
Read more on the story here.

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