Schoenthal was issued a provisional suspension after two of his horses, Prodigy Doll and Determined Driver, tested positive at Laurel on January 28 and February 9.

“I was informed today by HIWU that they took all of his evidence into consideration,” said HISA chief Lisa Lazarus, who said that the groom who took each horse in the paddock and an exercise rider in his barn both tested positive for meth, and that Schoenthal had already pre-emptively instituted a workplace program to warn employees about the dangers of environmental contamination.

“The HIWU team was really impressed with that,” said Lazarus. “What we've said was that if you made efforts to reduce your risk, that would mitigate your sanctions. That was essentially the rationale.”

Said Schoenthal, “I am pleased at the outcome. There were some very tenuous moments here in my week that were very trying for me, but I believed from the onset that common sense would dictate the outcome and I'd get a fair and equitable outcome, and I did.”

Schoenthal said that substance abuse on the backstretch was something that everyone in racing had to deal with. “I think the takeaway from my case, if it can serve to help others, is that you can't stop bad things from happening one hundred percent around your horses,” he said. “The onus is on us to be able to prove to HISA and HIWU that we did all that we could do to prevent this from happening and if you can prove that you did, I believe they're going to be fair with you.”

Schoenthal said that he had taken some valuable lessons away from the Jonathan Wong ruling, in February. Wong was suspended for two years and fined $25,000 after one of his horses tested positive for metformin. Had he not read the entire ruling, said Schoenthal, he would have made the same mistakes. “Obviously, as a concerned industry participant I've read every ruling and case that comes down the pike, and his ruling was a 50-page document that was posted on the website. I never met him, but I read his defenses, and it occurred to me if it were me, I'd have all the same defenses.”

“He took a polygraph test. I would have googled nearest polygraph expert and thought I was doing the right thing. He had a sworn affidavit saying his assistant told them not to pee in stalls. That wasn't good enough, and I would have done the same thing. I read that, digested it, and realized, `you know what? In the old regime, you would walk into the stewards' office and talk to a retired trainer or jockey who knew how the backstretch worked and were understanding with those things and believed you.' HIWU was given a set of rules they did not write. Their only their job is to enforce them. They are white-collar, smart, educated people, and come from a world where an employer has drug policies and HR policies. For the last 100 years, they have not been part of our world.”

“I sat down that weekend, and typed up a whole manual for my employees. Don't take your prescription medications at the barn, and if you have to, wash your hands. Don't pee in the stalls. Don't allow friends, families, and strangers to touch the horses. We bought some pizzas, and went through all of these things in English and Spanish, and had everyone sign the paper that they understood. We also put up signs that said don't pee in the stalls and tried to take a very proactive approach to the things that were in our control to mitigate the risk.”

Lazarus said that the manual and the meeting went a long way to prove that Schoenthal had taken steps to lessen his risk. Schoenthal said he called Alan Foreman right away, had everyone in the barn tested, and found the groom and the exercise rider tested positive for meth. “As such,” he said. “I could prove a clear path.”

“I have had a wonderful experience dealing with HIWU,” said Schoenthal. “They have been nothing but professional and helpful. I spoke with Lisa Lazarus and Ben Mosier several times. I told Lisa, `look, at the end of the day my employees tested positive for meth. I'm not trying to say here I deserve zero punishment and should be exonerated. I accept and admit that there is some part that my failures played in this.' I was prepared to take some days. The investigators who served me with the notice of the first positive were nice guys who treated me with respect and fairness. I do understand the rules are the rules and they're just enforcing the rules, but we still need to have some further conversation about what rules need to be changed. We need to get together as horsemen to see how we can make this better.”

In the end, said Schoenthal, his story should serve as a warning to others, just as Wong's did to him.

“This can happen to anybody,” he said. “There is nobody who is immune to a horse coming up positive. There's a lot of work to be done and I believe from talking to HISA that they are open to it. I was very grateful to HISA and HIWU, Lisa Lazarus, and their general counsel that they were very willing to listen to me.”

The post Schoenthal Meth Case Resolved With 15-Day Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The horse in question is Anna's Wish (Dailed In) and the alleged violation occurred after she was tested following the March 16 Cicada S. at Aqueduct in which she finished third.  Metformin is listed as a banned substance by HIWU, which means Weaver faces a possible suspension of up to two years. The “banned” category is the most serious class of drug offences under Horseracing Integrity and Safety Act (HISA) rules.

Metformin is a drug used to treat diabetes in people. With more than 20 million patients taking it, metformin ranks as the nation's third-most-prescribed human medicine, according to the consumer healthcare website Healthgrades.

Weaver joins Mike Lauer, Jonathan Wong and four other trainers who have had horses test positive for metformin. The metformin positives have been controversial because of the number of people who take it for diabetes, which raises the possibility of environmental contamination.

“This is a clear case of external contamination,” said Weaver's attorney, Drew Mollica. “The facts will show that Mr. Weaver had no hand in this and bears no fault for the alleged violation. We will seek a split sample and once those results are in we believe we will be able to offer clear and convincing evidence that Mr. Weaver bears no fault. At some point, HISA slash HIWU must accept the fact that these universally prescribed medications exist in the environment. The attempt to destroy a man's career predicated on a prevalent substance and in a case where he bears no fault should not only shock the conscience, but it should also shock the entire racing community.”

According to Mollica, Anna's Wish's groom takes metformin.

“The groom who cares for the horse is on the medication,” he said. “This is a clear case of contamination. The consequences that HIWU seeks to impose are career killers with no basis in reality.”

A former assistant to Todd Pletcher, Weaver has been on his own since 2002. According to The Jockey Club's online rulings database, Weaver has had just two prior positives, one for acepromazine and the other for promazine sulfoxide. In both instances, he was not suspended but was fined $300.

For his career, Weaver has had 6,467 starters and has won 983 races. His career earnings are $50,753,128.

The post Weaver Trained Horse Tests Positive for Metformin appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The plaintiff states of Louisiana and West Virginia won a preliminary injunction in federal court in July that will keep the Horseracing Integrity and Safety Act (HISA) Authority's rules from being implemented in those two states until a lawsuit challenging the constitutionality of HISA gets decided in full. Because he was not under a suspension issued by the Louisiana Racing Commission, Wong is being allowed to compete in the Bayou State.

Fair Grounds, which is owned by Churchill Downs Inc., did not give Wong any stalls but is allowing him to race.

Wong did not start a horse between July 1 and Feb. 13, when he sent out his first Louisiana runner, Desoto's War (Warrior's Reward). He has made just four starts at Fair Grounds and one at Delta Downs.

According to one of his owners, Brent Malmstrom, who is helping with Wong's legal fight, Wong had 141 horses before he was suspended.

Malmstrom and Wong have maintained that the trainer is innocent because the positive for the drug, which is used in humans to treat Type II diabetes, was a matter of environmental contamination.

Wong did not return phone calls from the TDN seeking comment.

“Jonathan Wong may have done some things in the past,” he said. “I can't speak to that. All I can speak to is this: he didn't do this. We don't know where the drug came from. It's odd that at point in time when all this happened almost half of the metformin positives occurred at Horseshoe Indianapolis.”

The horse that tested positive was Heaven and Earth (Gormley) and the positive was found after the filly won a June 1 maiden special weight race at Horseshoe Indianapolis.

Malmstrom acknowledged that this has been a difficult situation for Wong.

“The sad thing about this whole thing is that this cost him his marriage,” he said. “He's got four little children. He's doing whatever he can to survive as I, along with our lawyers, work on the legal side to figure out how to get relief.”

Malmstrom said that most of the horses Wong trained before the suspension have been sent to other trainers.

“He lost his entire business,” he said. “The bulk of the horses he has in Louisiana are mine. I don't turn my back on people when they're at their lowest point in life. Louisiana has been incredibly welcoming and we thank them. People deserve an opportunity to defend themselves and should have the right to earn a living while they are defending themselves. That's a fundamental thing.”

The Fair Grounds meet ends on March 24. Malmstrom said that after Fair Grounds closes Wong will focus on the meet at Evangeline Downs, which opens April 7.

Wong has been training since 2014 and has 1,194 career wins. His best year came in 2021, when he saddled 236 winners and won at a rate of 23%.

The post Jonathan Wong Still Searching For First Win In Louisiana appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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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

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 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.

More on the story here.

Date: 01/05/2024

Licensee: Carlos Gonzalez, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points.

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Suertuda. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 12/06/2023

Licensee: Joel Gonzales, trainer (Desert Danger's trainer is listed on Equibase as Andres Gonzalez. In HIWU's final decision posted online, it appears that Joel Gonzales failed to respond to the agency's notices)

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Desert Danger. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/14/2024

Licensee: James Tsirigotis, 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, Melancholy Blues. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/05/2024

Licensee: Jose Delgado, 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, Justintimeforwine. 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: 01/27/2024

Licensee: Reynaldo Yanez, trainer

Penalty: Pending

Alleged violation: Pre-workout intra-articular 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, That Magic Moment. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/27/2024

Licensee: Rohan Crichton, trainer

Penalty: Pending

Alleged violation: Pre-workout intra-articular 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, Fighter in the Win. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 01/26/2024

Licensee: Robert Dibona, trainer

Penalty: Pending

Alleged violation: Pre-workout intra-articular 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, Surrogate. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 12/31/2023

Licensee: Gerard Ochoa, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Unxpected Tiger, who finished second at Tampa Bay on 12/31/23. 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 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 is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Date: 10/30/2023

Licensee: Ismael Bahena, trainer

Penalty: Provisionally suspended

Alleged Violation: Medication violation

Explainer: For the presence of Methamphetamine-a banned substance-in a sample taken from Color Field, who won at Horseshoe Indianapolis on 10/30/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 12/19/2023

Licensee: Anthony Carango, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Glycopyrrolate-Controlled Medication (Class C)-in a sample taken from Esor, who finished second at Parx Racing on 12/19/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/22/2023

Licensee: Angel Sanchez-Pinero, trainer

Penalty: Pending

Alleged violation: Out-of-competition medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Jersey Coast. 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: Gustavo Delgado, trainer

Penalty: Pending

Alleged violation: Pre-workout intra-articular 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, Ocean Vision. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

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: 02/11/2024

Licensee: Dan Blacker, trainer

Penalty: Ninety-day suspension and $15,000 fine

Violation: Failure to follow pre-workout examination reporting rules

Explainer: Trainer Dan Blacker is suspended for 90 days from February 26, 2024, to May 25, 2024, and fined the sum of $15,000.00 for violations of California Horse Racing Board rule #1878 (Workouts – No seventy-two [72] hour pre-workout Veterinarian examinations [527 counts]) occurred between January 1, 2022, through July 1, 2023.

Read more on the story here.

Track: Santa Anita

Date: 02/11/2024

Licensee: Joel Rosario, trainer

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Joel Rosario who rode Exultation in the sixth race at Santa Anita Park on February 10, 2024, is suspended for 3 racing days (February 18, 19, and 23, 2024) for failure to make the proper effort to maintain a straight course in the stretch, causing interference resulting in the disqualification of his mount from first to second; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding).

The post Weekly Stewards and Commissions Rulings, Feb. 6 – Feb. 12 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The two-year period of ineligibility retroactively starts July 1, 2023, when Wong's initial provisional suspension was first imposed.

He will also pay $8,000 of HIWU's share of the arbitration, in addition to his own arbitration fees.

As the maximum possible sentence for such a violation, the ruling marks the latest twist in a case that became entangled in the evolving rules of the Horseracing Integrity and Safety Act's (HISA) enforcement efforts. While the arbitrator rejected that this was contamination, several other Metformin cases have called into question whether or not possible environmental contamination should be treated the same way that other positives are treated.

The case also appears far from over. In a short statement, Wong wrote that he had appealed the ruling which could now go before the Federal Trade Commission, head to federal court, or both. Wong also explained that he would seek a temporary injunction against the ban.

“By the time this new story breaks, we will have already filed or will be filing our appropriate appeal, whether in Federal Court or with an Administrative Law Judge through the Federal Trade Commission. It is entirely possible we will dual-path this situation and file in both. In all instances, we will seek an Emergency Order with Injunctive Relief.  The facts and merits of the case will be heard,” Wong wrote, in a joint statement with his long-time owner, Brent Malmstrom.

Wong-trainee Heaven and Earth (Gormley) broke her maiden at Indiana Grand June 1 but subsequently tested positive for the prescription drug Metformin, a type 2 diabetes treatment that HISA has classified as a banned substance.

As a matter of protocol at that time, HIWU initially provisionally suspended Wong at the beginning of June when the A sample returned a positive finding for Metformin.

The HISA Authority subsequently announced that it had modified the rules surrounding provisional suspensions. Under the revised provisions, responsible parties who request B Sample confirmation following a positive test for a banned substance would no longer face a provisional suspension until the B sample findings are returned.

In Wong's case, he was notified on Aug. 9 that the B Sample confirmed the Metformin positive.

Though Wong was technically permitted to return to training for a brief period while the B sample was being processed, he explained at the time that his owners did not wish to transfer the horses back with the B Sample results expected imminently, and effectively has not trained since July 2.

Metformin ranks as the nation's third-most-prescribed human medicine, according to the consumer healthcare website Healthgrades, with more 20 million patients taking it. As a banned substance under HISA, a metformin positive comes with a possible two-year suspension and $25,000 fine.

Because of the possible severity of the sanctions and its ubiquity in the environment, metformin has been at the heart of several cases since HISA's anti-doping and medication control program went into effect that have led some to question whether HIWU is deploying too strict an enforcement approach to the drug.

In justification of its stance, HISA CEO Lisa Lazarus told the TDN last month that “we do have intelligence that metformin is being used intentionally to enhance performance.”

Furthermore, in October HIWU announced that internal reviews of its six contracted laboratories uncovered different limits of detection in blood for metformin, triggering a process of testing harmonization in blood across the labs for the drug. Until that point, all the metformin positives originated from just the one lab.

The Horseracing Integrity and Welfare Unit (HIWU) has posted a detailed explainer of the ruling on its website.

The report details how the A sample was sent to the HIWU-accredited Industrial Laboratories in Denver Colorado, while the B sample was sent to the Chicago Analytical Forensic Testing Laboratory in Chicago, Illinois, for confirmatory analysis.

According to the report, the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis, conducted “Further Analysis” on the A blood sample “received from Industrial,” and on the “remainder of the B urine sample” received from the Chicago lab.

“Apparently, they can swing till they're happy,” said Malmstrom, when asked about that development.

Wong's legal team presented several defenses during the hearing, including that Heaven and Earth had a groom who urinated in the stall and frequently touched the horse on the mouth. They said that the groom was on Metformin, and had fled to Mexico after the finding, for fear he had contaminated the horse, and could not be found. He argued that the sample being sent to the Maddy lab for further testing—a third laboratory–suggested questionable conduct on the part of HIWU. The samples at all three labs were positive.

“There is, unfortunately, the simple fact that Mr. Wong has been untruthful in this proceeding. I find that Mr. Wong has not met his threshold burden of establishing the source of the contamination and thus there is no mitigation that might possibly be considered for Wong, and his sanction should be two years of Ineligibility,” wrote arbitrator Nancy Holtz in her finding.

“There is no doubt that Mr. Wong is an experienced, highly successful trainer who has climbed the ranks of this industry from the bottom up. His conduct and performance as a trainer presents a mixed bag: He has submitted numerous letters of support and praise from a constellation of highly regarded people in the horse racing industry. There is also no doubt that Mr. Wong has suffered financially, professionally, and emotionally from the Provisional Suspension and this will no doubt continue during the balance of the Ineligibility period. Balanced against these facts, however, is a record which does not support that Mr. Wong did much to prevent this contamination from occurring. If Mr. Wong was engaged in routine, frequent trainings of his staff regarding not urinating in the stalls, keeping hands clean and so on–which I do not believe–he certainly did not couple this with any level of monitoring, enforcement, or deterrence such as through imposing consequences for violators. Mr. Wong is no doubt a decent person who, in his own way, has tried to put the safety and welfare of his horses first. But despite his best intentions, the evidence is clear that Mr. Wong has abdicated his obligation as a Covered Person to protect the safety and welfare of the horses under his care consistent with ADMC Rules.”

The post Wong Suspended Two Years and Fined $25,000, Says He’ll Appeal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“Leave no authority existing not responsible to the people.”-Thomas Jefferson

I was made aware The Jockey Club published an article “HISA is Necessary” which appears to be a direct response to my letter to the Editor Actions Detrimental.

I would like to thank all the various industry participants who have reached out in support of what I shared and the concerns which were raised.

The Jockey Club is a breed registry. The author perhaps without knowing has acted as an agent for the Authority and or the person most knowledgeable and your commentary can only be interpreted as an on-the-record factual basis.

A more appropriate response could have been, `we appreciate you raising your concerns, we appreciate your perspective as an owner, and we acknowledge despite best intentions things haven't always worked the way they are intended.' This could have been used as a learning moment for the betterment of the collective. Or, they could have said, `we disagree with your point of view.' The question remains: how many industry representatives need to come forward before constructive dialogue is allowed to occur?

According to the author, I should be ashamed for raising concerns regarding the implementation of this Act and the potential material consequences the integration represents to the industry and the participants. A little reminder that we live by the rule of law and protections where the government can't deprive any person of “life, liberty, or property without due process.”

Contrary to the representation raised by the author, I am not a party to or affiliated with any lawsuits pertaining to this integration and adoption. Also, as a point of fact, it wasn't my horse in question, as the author suggests. I just happen to own around 30 other racehorses. Also, to date there has been no email or communications from HISA or HIWU regarding what happens when one of your covered persons (i.e. your trainer) has been provisionally suspended.

The author suggests that it is not possible to have any contamination event and the presumptive position would be anyone taking any of these types of medications under the general care of their doctor should not be training and or be involved in this sport as the tolerance level is zero. (Trainers, owners, grooms, track employees, racing officials, anyone…)

We should recap the significant events since my article was published. The Authority changed the Provisional Suspension rule to not to take effect until the “B” sample results were complete.  I believe they should have taken it one step further and waited until the provisional hearing; that would seem appropriate. Allow the labs to confirm the results and allow due process to the parties involved.

With regards to my statements about the permissibility of the medication in question, “Metformin”. I drew those statements from publicly available information: USADA;, WADA;, FEI (indeed, FEI even acknowledges some substances “are more likely to have been ingested by Horses for a purpose other than the enhancement of sport performance, for example, through a contaminated food substance); ARCI (see links below).

Why is all of this important?  There is a subset of medication that is common within our environment and the list of Atypical Findings as well as the “Banned vs Controlled/Prohibited” lists should continue to be reviewed. At issue is the difference in how these determinations were made and how they are treated (a monetary fine, points on your record, a suspension). Gone are the days of a fine and a few days suspension – we are now saying you could be out of the industry for months and or years for a violation from a positive caused by an environmental transfer. Why when these concerns are raised, must the attitude be, “you are anti-HISA” vs “it's in everyone's best interest to get this correct?”

What hasn't been discussed is what happens when the Authority doesn't follow their stated protocols i.e. Timelines for test samples, chain of custody of the samples (split samples not traveling together to the second lab), confirming the testing procedures are followed. Just because they say this happens doesn't necessary reflect what happens, unless the author is suggesting they will attest and stand behind this certification under penalty of perjury that everything is correct all the time. Remember the industry participants are paying four to five times more for these tests as it has been stated the costs were negotiated to ensure speed and accuracy.

There continues to be a significant lag when test results are returned vs. when horses competed. We continue to see issues related to results vs. claimed horses. In several examples the horse may have changed hands several times before an original test of an altered chemical finding was produced. The pervasive question continues to be now what?

The request from HISA and now The Jockey Club is to allow time for the failures to be corrected. The issues raised by my article were about the material impacts an altered chemical result could have on someone (any trainer). The suspension, the loss of income, the brand reputation risk of being labeled a cheater before any due process. Your asset being stranded and or impaired without any remedy and the inevitable issue of defending yourself with the IRS Section 185 the “Hobby Loss rule” just to name a few. Unattended consequences are particularly concerning as most if not all of this could have been predicted had the execution phase of this been well thought -out.

The Jockey Club statement asks us to give the Authority time because “this is a start-up,” as though we should just write a check and let the Authority learn the business and just trust them, they will get it correct. The inconvenient truth is a vast majority of this industry can't afford the pervasive “let me swing until I get it right” mentality.

The response simply ignored another concern raised the need for disclosures. Disclosures are the mechanism in place to ensure concerns raised are answered. To reiterate HISA representatives, continue to make representations about transparency and ethical conduct. I am struggling with this, given they make little to no disclosures around their overall operations. They are operating with an unchallenged budget with no certifications or disclosures. Perhaps this Start-up should understand the shareholder value proposition be accountable and be transparent to the collective.

If the talking point is correct there was collaborative engagement with all the various industry representatives, then why the roll-out challenges and the need for time to get this correct? Contrary to what The Jockey Club writer stated, it is the big-picture considerations which prompted my article. As I shared before, unless there can be balanced enforcement that affords equal protections to all parties we will continue to lack the necessary progress to move the industry forward.

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Heaven and Earth broke her maiden at Indiana Grand June 1 but subsequently tested positive for the prescription drug Metformin, a type 2 diabetes treatment classified as a banned substance by the Horseracing Integrity and Safety Act (HISA).

During a conference call Thursday morning before representatives from the Horseracing Integrity and Welfare Unit (HIWU) and a judge, a full hearing on the merits of the case was scheduled for Sept. 25, said Wong.

“There's zero sense of urgency,” said Wong. “I've been put out of work since July 2 because they hadn't adjusted the rules until 27 days later. But by then, I've lost my horses. I haven't made a paycheck for a month. And now it's going to be going on three months.”

Technically, this is the second time Wong has been provisionally suspended as the case has unfolded.

As a matter of protocol at that time, HIWU initially provisionally suspended Wong at the beginning of June when the A sample returned a positive finding for Metformin.

Late last month, the HISA Authority announced that it had modified the rules surrounding provisional suspensions. Under the new provisions, responsible parties who request B Sample confirmation following a positive test for a banned substance won't face any potential provisional suspension until the B sample findings are returned.

“If the B Sample confirms the A Sample, the Responsible Person shall be Provisionally Suspended upon Notification of the B Sample confirmation,” the new rules state.

Though that announcement technically permitted Wong to return to training while the B sample was being processed, he said that his owners did not wish to transfer the horses back with the B Sample results expected imminently.

“If I would have gotten notified on this positive today, I would still be allowed to train and go on as normal until my B Sample came back,” he said. “But I wasn't afforded that opportunity.”

Wong–who potentially faces up to a two-year suspension and a $25,000 fine–voiced frustration with other aspects of the way his case has been handled. This includes, he said, how the B samples of blood and urine were sent separately for testing.

“They were separated by eight days, which according to everybody I've spoken with is not how it's supposed to be done,” Wong said.

“If this would have happened a few weeks prior, this would have been a 15-day penalty,” said Wong, alluding to how trainer Wesley Ward served a 15-day suspension for a Metformin positive in a July 15, 2022 race at Monmouth. “Now they're threatening me with up to two years.”

As such, Wong said that he's considering his future in the sport, even if the full merits hearing skews in his favor. “I don't know, when all this is taken care of, if I want to go back to training,” Wong said.

“It brings a lot of stuff into perspective,” he said. “I've a wife, a 13-year-old, a 5-year-old, a 3-year-old and a 10-month-old. I miss so much of their life by putting work first and them second, for it all to be literally thrown away in a day over something I didn't even do.”

Despite these frustrations, Wong said that the concept of HISA is necessary for the sport.

“First and foremost, I'd like to give them credit for making the changes [to the provisional suspension provisions]. I applaud them for listening to people's complaints and suggestions, adapting and working to it,” Wong said.

“I totally have zero problems with HISA. I think it's something that's much needed. I just think it needs to be tweaked. It's a learning process. They're learning. Owners, trainers, jockeys, we're all learning as we go along with this,” said Wong.

“But when you're completely not awarded any opportunities from day one until your hearing, that's pretty much being charged as guilty until proven innocent,” Wong added. “I feel like I've been locked up and had the key thrown away.”

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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.

New York
Track: Belmont Park
Date: 06/27/2023
Licensee: Manuel Franco, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Manuel Franco is hereby suspended (3) NYRA racing days July 7th 2023, July 8th 2023, July 9th 2023 inclusive. This for careless riding during the running of the second race at Belmont Park on June 22nd 2023.

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
William Vernon Bush – violation date June 29; $500 fine and one-day suspension, 13 strikes

Los Alamitos
Tiago Pereira – violation date June 25; $250 fine and one-day suspension, 7 strikes
Abel Cedillo – violation date July 1; $250 fine and one-day suspension, 7 strikes
Erick Garcia – violation date July 1; $250 fine and one-day suspension, 7 strikes
Cesar Ortega – violation date July 2; $250 fine and one-day suspension, 7 strikes
Edgar Payeras – violation date July 2; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations
Date: 06/09/2023
Licensee: Douglas Nunn, trainer
Penalty: Pending
Alleged violation: Intra-articular Injection violation
Explainer: For the use of an intra-articular injection on Smithwick's Spice, who won at Delaware Park on 6/9/23, within 14 days prior to Post-Time. This is a possible violation of Rule 3313—Use of a Controlled Medication Method in relation to a Covered Horse during the Race Period. This is also a possible violation of Rule 4222—Intra-articular Injection within 14 days prior to Post-Time.

Date: 06/04/2023
Licensee: McLean Robertson, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Johnny Up, who won at Canterbury Park on 6/4/23. 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: 06/01/2023
Licensee: Jonathon Wong, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
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 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: 05/28/2023
Licensee: Ricardo Legall, trainer
Penalty: Pending
Alleged violation: Medication violations
Explainer: For the presence of Levamisole—Controlled Medication (Class B)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.
For the presence of Dimethylsulfoxide—Controlled Medication (Class C)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 05/28/2023
Licensee: Ray Handal, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Zeranol—a banned substance—in a sample taken from Barrage, who finished second at Belmont Park on 5/28/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers. Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn.
Read more on the story here.

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It's been a busy few days for HIWU. On Saturday, it was reported on the HIWU website that New York-based trainer Raymond Handal has been provisionally suspended after an alleged positive for Zeranol. On Sunday, the website included a ruling against trainer Jonathan Wong, whose stable includes divisions in Kentucky and California. He has also been provisionally suspended after an alleged positive for the prescription drug metformin, a type 2 diabetes treatment.

All three positive were for drugs on HIWU's banned substance list. In those cases, trainers who have had horses test positive receive automatic provisional suspensions, which go into effect once the positives are made public.

The ruling on Robertson came under HIWU Rule 3212 which covers the presence of a banned substance and/or its metabolites or markers.

Altrenogest is sold under the names Swinemate, Altren and Regumate and is used in veterinary medicine to suppress or synchronize estrus in horses and pigs. According to the website of the National Library of Medicine Altrenogest is “a commonly used progestogen for the suppression of oestrus and associated distracting behaviors that interfere with training and performance of female racehorses.” The report on the website also notes that Altrenogest is “structurally similar to the anabolic androgenic steroid.”

The horse in question, Johnny Up (Majesticperfection) is not a filly or mare but a gelding. The alleged positive occurred in a June 4 race at Canterbury, a $10,500 claimer in which Johnny Up won by 6 1/4 lengths.

By mid-afternoon, Robertson had not returned a phone call seeking comment. Robertson has 1,544 career wins from 7,108 starters.

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The Horseracing Integrity and Welfare Unit has provisionally suspended trainer Jonathan Wong after one of his horses tested positive for a banned substance last month.

Heaven and Earth (Gormley) broke her maiden at Indiana Grand June 1 but subsequently tested positive for the prescription drug metformin, a type 2 diabetes treatment.

Wong was notified that his horses will need to be moved to the care of another trainer and potentially faces up to a two-year suspension and a $25,000 fine.

While metformin is a permitted medication by the U. S. Anti-Doping Agency (USADA) for humans in athletic competition, the National Institutes of Health published a study indicating it has an effect on athletic performance. In a study of 10 men, they determined that “time to exhaustion was significantly higher after metformin than placebo ingestion,” and that “metformin improved performance and anaerobic alactic contribution during high-intensity exercise.”

Wesley Ward is currently serving a 15-day suspension for a metformin positive in a July 15, 2022 race at Monmouth. His attorney, Drew Mollica, said that the Monmouth stewards did not impose a significant fine or suspension because they agreed the metformin positive was the result of contamination.

Wong has retained attorney Alan Pincus.

“Jonathan Wong has a prescription for metformin,” he said. “It is one of the most widely prescribed drugs for humans with diabetes. He uses it, and apparently, he inadvertently contaminated his horse. So they give him the notice yesterday, on a holiday weekend, you're out of horse racing. `Get rid of your horses.' We have requested a split sample and a provisional hearing, but since you're not allowed the data pack from the lab until the split comes back, it makes it very difficult. In fact, their whole system makes it very difficult.”

On Thursday, the TDN published a report saying that HISA had temporarily suspended full enforcement of their intra-articular joint injections rules. Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout. According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers have breached the rule surrounding intra-articular joint injections prior to a workout. The reason HISA decided to temporarily modify its enforcement of the rule was due to “confusion” among trainers about the specifics of the rules related to workouts, Lazarus said.

“It's a nightmare,” he continued. “It's unconstitutional. It's unfair. And our game has been hijacked by a bunch of know-nothings posing like they know what they're doing. Lisa Lazarus waved her mighty hand and told 20 trainers who have violated the intra-articular injection rule, `I'm going to let you go.' Even though there is nothing in the regulations allowing her to do so. I imagine when the names of those people come (public), there will be some pretty privileged people. But unfortunately, Jonathan Wong is not one of them. She said the trainers were confused. But confusion is not a defense to strip liability. It's hypocritical. It's not in the regulations, and it just shows they don't know what they're doing. None of it makes sense. And no one will say `boo.' ”

Pincus said that this was the second such case he has had.

“The first one I had was Mario Dominguez,” said Pincus. Dominguez's horse Petulant Delight tested positive for cobalt May 24 at Parx. “Cobalt and the old ARCI guidelines calls it a positive at 25 parts per billion, but since cobalt is in all horses at all times, they say if you have between 25 and 49 parts per billion, the trainer should just get a warning letter. Unfortunately for Mario, if it had happened three days earlier, he gets a warning, but (now), he's thrown out of racing. They give you the notice. You're out. Horses have to be transferred to a new trainer that has nothing to do with you. You lose your owners. You lose your stalls and you lose your livelihood.”

In Dominguez's case, Pincus said that Dominguez asked for a split sample and was asked to send $2,000. He said seven months earlier, Pincus had a case where the same split sample was $750. “So the gouging begins,” said. “He is indigent, and they took away his only means of support, and like most trainers he's living month to month.” He said that Pincus had been unable to afford the fees for the provisional hearing, and had been asked for over $4,000 for the hearing. “They have put a monetary barrier toward someone getting due process,” he said. “We are now 19 days in, and he has not been charged with anything.”

Pincus said that the lack of due process “sickens” him.

“You take a person who has worked their whole life. They're not out there robbing a 7-11. They're out there working seven days a week to try to build something. You're telling me that some person comes to you on a holiday weekend and says `good luck in your next career.' You've not been charged with anything. You have something that would have resulted in some small penalty–as well as it should. But it's going to happen more and more and more, but the idea that you let your friends off because they were confused? It sickens me. This is the game I have been in my whole life. They're an occupying force, and no one will stand up to them. But (trainers) are playing Russian roulette every time they go to the test barn.”

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