Marcus Vitali | Horse Racing Free Tips

Weekly Stewards and Commissions Rulings: Nov 7-13

News — Tue, 14 Nov 2023 19:31:11 +0000

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, trainer Natalia Lynch has been handed down a combined four-year suspension by an arbitrator, and a combined $55,000 in fines and arbitration costs.

Lynch had faced sanctions for two separate issues. One was for the possession of banned thyroid drug, Levothyroxine. The other was a positive test for another banned substance, Altrenogest—a synthetic progestin used in horses for the purpose of suppressing estrus—from Lynch-trainee, Motion to Strike.

Lynch's attorney told the TDN Monday that the trainer plans to appeal the arbitration result to a Federal Trade Commission administrative law judge.

An interesting wrinkle in the case is how in a series of proposed rule changes now headed out for public comment, HISA is seeking to alter the status of Altrenogest from a substance banned at all times to a controlled substance, permitted for use within certain criteria. Controlled substance positive findings are significantly leaner than those for banned substances.

Also this past week, trainer David Reid has been banned four months and fined $4,125 after his trainee, Maligator, tested positive for the banned substance, Venlafaxine. The case was resolved without a merits hearing.

Reid had previously provided proof to the Horseracing Integrity and Safety Unit (HIWU) that his assistant of over 30 years had been prescribed Venlafaxine for 15 years.

The Horseracing Integrity and Welfare Unit (HIWU) established “by a balance of probability” that Maligator's positive finding was brought about by consuming hay contaminated as a result of the assistant relieving herself in the horse's stall.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the HIWU's “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 10/20/2023

Licensee: Antonio Sano, 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, Il Miracolo. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 9/08/2023

Licensee: Clarence King, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision of the internal adjudication panel (IAP).

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

Date: 08/15/2023

Licensee: Jeffrey Crozier, 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 of the IAP.

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Orb of the Boro, who won at Belterra Park on 8/15/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023

Licensee: Ruben Gomez, trainer

Penalty: 7-day period of Ineligibility, beginning on November 2, 2023; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Blue Cloud. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/29/2023

Licensee: Kevin Fletcher, trainer

Penalty: 7-day period of Ineligibility, beginning on November 4, 2023; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Explainer: For the presence of Caffeine—Controlled Medications (Class B)—in a sample taken from Ruby Layne. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023

Licensee: Angel Castillo Sanchez, trainer

Penalty: 18-month period of Ineligibility, beginning on October 12, 2023; At least a 60-day period of Ineligibility for Covered Horse beginning on August 28, 2023 and subject to a Negative Finding in a Re-Entry Test; 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 $12,500. Admission.

Explainer: For the presence of Metformin—a banned substance—in a sample taken from Pylon who won at Delaware Park on 8/3/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/20/2023

Licensee: Natalia Lynch, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 20, 2025; a fine of $25,000; payment of $2,500 of arbitration costs. Final decision of arbitral body.

Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Date: 07/20/2023

Licensee: Natalia Lynch, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 20, 2025; a fine of $25,000; payment of $2,500 of arbitration costs. Final decision of arbitral body.

Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Private Property Rights Under HISA

News — Thu, 17 Nov 2022 17:44:24 +0000

The legal threads connecting the rights of licensees to ply their trade and racetrack owners to police their grounds have been pulled tighter than a rip cord these past few years, thanks to a series of high-profile battles involving Hall of Famers Jerry Hollendorfer and Bob Baffert.

These same threads hamstrung the years-long dispute between California's trainers and racetracks about what should be written into the race-meet agreement about fair procedures for trainers facing potential banishment from a facility.

It all boils down to this: How best to balance the rights of track owners to protect their businesses from bad actors alongside the rights of trainers and others from becoming targets of arbitrary bans—actions with often huge implications for their professional futures?

As Jan. 1 looms, when the full remit of the Horseracing Integrity and Safety Act (HISA) is scheduled to go into effect—including most crucially HISA's anti-doping and medication control program—how will federal oversight of the sport alter exclusionary rights, if at all?

“HISA is finalizing its policies in this area and will have more to share in the weeks ahead,” wrote HISA spokesperson, Liz Beadle, when TDN asked to discuss the issue with a HISA representative.

So instead, the TDN reached out to three legal experts in the field. Their main takeaway? Other than a tightened regulatory world, don't expect much to alter—at least for now.

“I don't think it will really change the legal analysis,” said Bennett Liebman, Government Lawyer in Residence at Albany Law School and an adjunct professor of law.

Nuances

First and foremost, “I don't think HISA preempts the common-law right of a racetrack to exclude someone for whatever reason they want absent some protective civil right,” said Alan Foreman, CEO and chairman of the Thoroughbred Horsemen's Association (THA).

This means that if a track or racing association decides that a trainer has contravened moral or ethical boundaries—irrespective of whether that same person has fallen foul of any rules and regulations—they have the authority to do so independent of HISA, Foreman said.

“HISA can regulate in areas which they're authorized to regulate, but they can't tell me who I have to allow on my property and who I don't,” Foreman said.

Such actions are rarely cut and dried, of course.

Private properties are required to afford licensees the legal framework of “fair procedure” when seeking to bar them from their grounds. For a state agency—including a quasi-state agency non-profit organization like the New York Racing Association (NYRA)—the legal standard is “due process and equal protection.”

With this in mind, racetracks try not to specify detailed reasons for excluding an individual “in almost all cases,” said Liebman.

“When they do that,” Liebman explained, “there's potential that they might damage the individual's reputation and perhaps give way to constitutional protections.”

Therefore, “the normal approach by most racetracks is to say, 'you're being excluded for our best business interests,'” said Liebman. And he doesn't expect that broad legal dynamic to change much under HISA.

There are nuances, of course.

Even if a racetrack in West Virginia or Pennsylvania excludes a licensee from its grounds, that licensee can then petition the racing commissions in those states to overturn the ban, said Foreman.

In the hypothetical scenario a racetrack in those two states excludes a licensee for a reason that falls under the remit of HISA—for a welfare and safety related issue, for example—and the licensee then tries to take their case to the requisite commission, the relevant track “is going to make the argument that HISA deprives the racing commissions of any jurisdiction over drugs and safety,” said Liebman.

“I don't think it's going to be successful,” Liebman added, about such an argument made by the tracks. “But they're going to raise it.”

Foreman is less sure. Although HISA pre-empts state law, he said, it's unclear whether HISA nullifies the right of those commissions to independently arbitrate track exclusions in their jurisdiction.

“Maybe HISA does have the right to stand in that area,” he wondered. “Maybe not.”

Right of Private Property

This leads to another hypothetical.

In the event a racetrack in other states excludes a licensee for a reason that falls under HISA's regulatory umbrella, there's a strong possibility that person will litigate the action on grounds that HISA should be the one to adjudicate the alleged offense, not the track owners.

“If I was a lawyer representing an individual, I'd argue, “HISA does have jurisdiction here, and HISA has to tell the track what to do because HISA preempts state law,'” said Foreman.

But even then, individual tracks wield enormous legal clout, Foreman added. “If I'm the track, I'd say, 'I'm not acting under state law, I'm acting under right of private property.'”

As Foreman sees it, a more streamlined regulatory environment under HISA—including more expeditious case handling times—should negate the need for tracks to weed-out so-called bad actors (more on this in a bit).

“I think the actions the tracks have been taking recently is because they thought the regulatory system was failing to address offenders, multiple offenders, or those who were giving the industry a bad name,” said Foreman.

As such, “I think it's unlikely we're going to see tracks take actions against individuals because of their records,” said Foreman.

“I think with the enactment of HISA and the implementation of HISA, that probably goes away somewhat,” he added, “unless HISA's a failure.”

But how much latitude does HISA really have in this sphere?

Fair Procedure

Earlier this year, trainer Juan Pablo Silva was handed a 180-day ban from Turf Paradise after a 1-20 shot he trained and owned was pulled up and eased shortly after the start of a race.

This past June, trainer Marcus Vitali reached an undisclosed settlement with NYRA, after the latter claimed the trainer had “engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders.”

These two trainers subsequently found a home at Mountaineer—alongside another trainer, Burton Sipp, who has faced multiple allegations involving insurance scams and dead horses, animal neglect cases at a zoo he operated, race-fixing stings and regulatory malfeasance over a 40 year period.

Interestingly, Vitali and Silva have recently saddled horses at Turf Paradise, which kick-started its latest 2022-2023 winter meet on Nov. 4.

The question raised by the professional conduct and inter-state activities of these individuals is this: Does HISA have legal sway to independently step in and exclude licensees it deems a detriment to racing's image when a racetrack fails to do so?

For many watching HISA closely, this particular question is where the rubber meets the road.

There's language in the rules that appears to give HISA fairly broad authority over conduct detrimental to the sport and to equine welfare. As Foreman explains it, however, HISA has the ability to “fine, suspend, or revoke registration” from a licensee registered with HISA, but only if that individual is found guilty of violating stipulated HISA rules, and afforded due process.

Ultimately, “If a person is suspended, that's HISA's jurisdiction. HISA is the new national racing commission,” Foreman said, before hammering home how “that has nothing to do with a track's private property rights.”

An important caveat is that every licensee begins life under HISA with a clean slate.

“Remember, everybody starts at zero when the medication rules go into effect on January 1,” said Foreman. “They're not allowed to take into account their prior record.”

And Foreman said he is hopeful that HISA's new stricter set of rules and sanctions in general will motivate better overall standards of equine care.

One salient example of how this stricter regulatory theater will look surrounds Boldenone, an anabolic steroid better known as Equipoise.

In September, the stewards at Gulfstream Park suspended trainer Nagib Aboughaida 15-days and fined him $500 for a Boldenone positive. Under HISA, Boldenone is a prohibited substance, a positive for which necessitates an ineligibility period of up to 14 months.

Still, beyond the purview of actionable conduct, HISA's wrists are still fairly tightly tied, Foreman conceded. This of course includes there being “no mandatory reciprocity among racetracks if a racetrack chooses to exclude an individual for reasons it determines are appropriate,” Foreman added.

“That will still remain moving forward.”

Penalties for Equine Injuries?

That's not to say HISA doesn't have the potential authority to exclude trainers for actions or behaviors that aren't currently specific violations, said Drew Couto, an attorney who has represented trainer Jerry Hollendorfer in the many-splintered litigations stemming from his exclusion from The Stronach Group facilities in June of 2019.

The trick, Couto said, will be to devise a set of objective criteria to specifically delineate expectations of ethical equine care.

Crucially, such criteria must be relayed to trainers and others in clear, easily understandable fashion, said Couto.

“I don't think somebody should be left alone without any idea that their license is in jeopardy and all of a sudden be blind-sided,” said Couto.

In other words, “being congratulated one week in the winner's circle for your winners, and then the next week being told you've got to get out of Dodge,” Couto added.

In this regard, what HISA would have to do is similar to what the California Horse Racing Board (CHRB) attempted last year, when proposing regulations that would have penalized trainers for certain equine injuries or fatalities.

The CHRB shelved that idea in favor of a blue-ribbon panel to review equine injuries, stymied—at least for now—by the practicalities of framing sanctionable regulations around what is often such a nuanced and multi-faceted issue.

As for HISA intervening in private property matters, Couto believes that in the early days of the law, the new federal Authority will prove reluctant to weigh in on many matters where licensees have been excluded from private facilities.

Absent that clear set of standards in cases where licensees haven't broken any specific rules, “I suspect HISA's not going to want to jump into the deep end of that pool—not at the outset,” said Couto. “Their lawyers are going to say, 'do we want to be the defendants in a Jerry Hollendorfer-type of case?'”

Given the sheer scale of litigation costs as well as the enormity of the undertaking still ahead in ensuring that HISA works as intended, said Couto, “does HISA want that?”

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NYRA and Vitali Reach Undisclosed Agreement

News — Fri, 01 Jul 2022 19:29:20 +0000

The New York Racing Association and trainer Marcus Vitali have reached a settlement regarding NYRA's effort to exclude the trainer from participating at its three tracks. According to NYRA spokesman Pat McKenna, the agreement requires that the terms of the settlement remain confidential.

The TDN reached out to both Vitali's attorney Brad Bielly Friday in an attempt to gather more information. By mid-afternoon, he had not responded. Vitali told the TDN that he was not aware of the terms of the deal.

In September, NYRA announced that it would begin the process of taking action against Vitali, alleging that the trainer had “engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders. Further, as detailed in the respective statements of charges, this conduct warrants revocation or suspension of their right to train horses, enter races, or engage in any racing-related activity at all NYRA properties including Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

In an official “statement of charges issued against Vitali, NYRA pointed to what it alleged was a long and lengthy list of suspensions and medication violations.

“From between in or about 2010 and in or about 2020, Respondent amassed an extensive record of medication violations, lengthy suspensions, improperly using 'program' or 'paper' trainers during suspensions and obstructing an investigation into alleged wrongdoing,” the statement read. “In the past five years, Respondent was denied entry, ejected and/or had license applications denied by regulators of Thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware; and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”

Since the original statement of charges was issued, things have only gotten worse for Vitali. In February, he was hit with a one-year suspension by the Pennsylvania Racing Commission after a horse he trained allegedly tested positive for methamphetamine. Vitali appealed the suspension and has continued to train. With several tracks not accepting entries from his stable, he has raced primarily at Presque Isle Downs and Turf Paradise.

Vitali rarely runs in New York, but did have a starter at last year's Saratoga meet. He sent out Red Venus (Candy Ride {Arg}), who finished seventh in a $50,000 claimer.

As was the case with Bob Baffert, who was also issued a “statement of charges” in September, NYRA was required due to a court ruling to hold a hearing into the Vitali matter before it could take any action against the trainer. The hearing was originally scheduled for March 1, but was delayed. With Friday's announcement, a hearing is no longer necessary.

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Potts, Vazquez Among Trainers Denied NYRA Stalls

News — Fri, 25 Mar 2022 21:43:23 +0000

Six trainers, including Wayne Potts and Juan Vazquez, have been informed by NYRA officials that they will no longer be allowed to stable at Belmont Park and that their horses must be off the grounds by Wednesday. However, all six will still be permitted to race at the NYRA tracks, at least for the time being.

The story was first reported by the Daily Racing Form's David Grening.

NYRA's decision to not outright ban the trainers stems from a ruling issued in the Bob Baffert matter last July by the United States District Court for the Eastern District of New York. The court ruled that trainers cannot be banned at the NYRA tracks without due process, starting with a formal statement of charges. Denying or revoking stalls may not fall under the same guidelines. It was not known Friday whether or not NYRA will eventually take the steps that would be required to ban any or all of the six trainers.

The other trainers notified that they would no longer be permitted to stable at the NYRA tracks are Marvin Richardson, Luis Miranda, John McAllen and Michael Simmonds. In addition, Bonnie Lucas, an assistant to Potts, was also denied stalls, which she applied for after Potts' stall application was denied.

“NYRA retains the exclusive right and discretion to grant, deny, revoke, or reduce stall space for licensed trainers at its properties,” NYRA spokesman Pat McKenna said in a statement. “Following the completion of the stall application process for the 2022 spring meet at Aqueduct Racetrack and 2022 spring/summer meet at Belmont Park, NYRA has denied stall allocations to trainers Wayne Potts, Juan Vazquez, Marvin Richards, John McAllen, Luis Miranda and Michael Simmonds. The trainers were notified of this decision earlier this week and will be required to vacate their current stalls or transfer horses under their care by Mar. 30. Bonnie Lucas, an assistant to Potts, submitted a stall application following the denial of stalls to Potts and her application was rejected.”

The statement continued: “No matter the point of origin, all horses shipping in to race at NYRA tracks are subject to the same level of health and safety scrutiny as horses stabled on NYRA property. These protocols are effective in mitigating risk, enhancing equine safety, and protecting the integrity of the sport in New York.”

Potts and Lucas were suspended last year for 30 days by the New Jersey Racing Commission, which charged that they defied a request from a state veterinarian to have a horse vanned off the track following a claiming race. Both have appealed. Potts also ran afoul of authorities during last year's Saratoga meet when it was alleged he violated rules regarding a claim, which resulted in a 30-day suspension. The New York Gaming Commission charged that the horse, Mach One (Air Force Blue), was claimed by Potts' owners Frank Catapano and Nicholas Primpas by trainer Amira Chichakly and then transferred to Potts. Potts claimed another horse from the same race and trainers are not allowed to claim more than one horse in any given race. Additionally, Potts was banned from the Maryland tracks in 2020 amid allegations that he was a paper trainer for Marcus Vitali.

Potts won a career-best 61 races last year and was the leading trainer at Monmouth. He said he has 47 horses in New York and plans to relocate them to a training center in New Jersey.

“I was shocked when they told me I wasn't being allocated stalls,” Potts said. “I supported the NYRA circuit strong the last two winters when they have short fields. If this is an act to clean things up, there are other people that should be gone before myself. I don't have a whole list of mediation violations. I have done some stupid things in life, but there are other people there that have done much worse than I have.”

When asked if he fears NYRA will eventually ban him outright, Potts said: “I don't think that will happen. I had a meeting today with the racing secretary and with Frank Gabriel. They said I am still free to enter and I can conduct my business as I was before. That's what I'm going to continue to do.”

Vazquez received two consecutive 15-day suspensions from the Pennsylvania Racing Commission after two of his horses tested positive for the dewormer levamisole in races at last year at Parx. One, Hollywood Talent (Talent Search), tested positive after winning the GIII Turf Monster S. at odds of 108-1. Vazquez has filed an appeal. Vazquez has numerous suspensions and violations on his record. In one ruling, issued in 2017 in Pennsylvania, it was noted that Vazquez had eight drug positives during a 23-month period. Vazquez, who did not return a phone call seeking comment, is fifth in the Aqueduct trainer standings.

While Potts and Vasquez are prominent trainers, the others are not. Richards is 0-for-6 on the year and has won only five races in a career that began in 2017. He is facing a suspension of up to one-year from the New Jersey Racing Commission after his horse, Awesomenewyear (New Year's Day) tested positive for the prohibited medications oxazepam and ibuprofen following a Sept. 3 race at Monmouth. He has six horses stabled in New York.

“That would be something that is easy for NYRA to lean on,” Richards said of the drug positives in New Jersey. “They can say you have a positive so we're not going to give you stalls. I can't say for sure that's what it is. It might be. I'm still at Belmont, so they haven't kicked me off the racetrack yet. Where am I going to go? I'll have find a place where I can put my horses up. I'll have to try to get stalls elsewhere. It will be a great inconvenience. I live right next to [Belmont]. I don't even want to think of not being at Belmont.”

The Racing Form, citing sources, reported that McAllen was denied stalls for allegedly demonstrating an inability to properly care for his horses. He is 2-for-54 on the year and said he has 12 horses at Belmont.

“If someone wanted to come and see my horses I'd have no problem showing them to you,” McAllen said. “They are 100% perfect.”

McAllen said he will look for stall space somewhere before eventually taking his stable to Monmouth Park.

Miranda has won with just 4 percent of his career starters and is 2-for-94 since 2020. Simmonds is 1-for-19 on the year after going 2 for 75 last year. It was not immediately clear why those trainers were denied stalls.

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The Week in Review: Though Defeated a Huge Race for Smile Happy

News — Sun, 20 Feb 2022 20:41:56 +0000

The chart of the GII Risen Star S. run Saturday at the Fair Grounds will show you that the race was won by Epicenter (Not This Time) and that runner-up Smile Happy (Runhappy) was never a serious threat to win. It's just that there is a lot more to this story.

Expectations were high for Smile Happy coming into the Risen Star. He was 2-for-2 last year and his win in the GII Kentucky Jockey Club S. came at the expense of Classic Causeway (Giant's Causeway) and White Abarrio (Race Day). Classic Causeway won the GIII Sam F. Davis S. in his next start and White Abarrio captured the GIII Holy Bull S. in his 3-year-old debut. Colleague T.D. Thornton had Smile Happy on top in his TDN Derby Top 12 and Mattress Mack was out there doing his thing, helping to promote the horse who may be Runhappy's best offspring.

Smile Happy was made the 2-1 favorite, but with the way the race unfolded, he never had a serious chance.

Epicenter, a quality horse, was sent to the front by Joel Rosario and, going into the first turn, it looked like he might face some pressure. But Pioneer of Medina (Pioneerof the Nile) and Boddock (Street Boss) backed off. That left Epicenter alone on the lead. When he got through an opening half-mile in :47.94, it was clear that he was going to be hard to beat.

Meanwhile, Smile Happy was eighth in the 10-horse field down the backstretch. He probably could have won from there if the rest of his trip broke his way, but that didn't happen. Entering the far turn, jockey Corey Lanerie found himself bottled up between horses. Throughout the turn, he couldn't find a running lane and once he did he was still eighth. It looked the best he could do was fourth or fifth. But Smile Happy managed to close a good amount of ground inside the final 100 yards or so and was beaten just 2 3/4 lengths.

Finishing third, Zandon (Upstart) also put in a strong effort. He hopped at the start and was last early behind the slow pace. Despite all that, he lost by just 3 1/4 lengths.

After the race, trainer Ken McPeek said he had yet to decide what would be next for Smile Happy. The GII Louisiana Derby on Mar. 26 would be the logical spot. He'll surely get one more race before the Kentucky Derby to show why so many people were so high on him. Next time, he won't get beat.

Speaking of the Runhappys

Smile Happy, Runhappy's best colt, may have been beaten in the Risen Star, but it was far from a lost day Saturday for Jim McIngvale's favorite sire. At Oaklawn, the 3-year-old filly Happy Soul (Runhappy) came off a layoff of more than eight months to beat a good field in the Dixie Belle S. A decisive winner, she turned in an impressive effort.

When last seen, Happy Soul scored an 11 1/2-length win in the Astoria S. at Belmont. Considering that Happy Soul has never gone beyond six furlongs, a start in the GI Kentucky Oaks might be a stretch, but trainer Wesley Ward said the race is under consideration. Ward said she will make her next start in either the GI Ashland S. at 1 1/16 miles or the Apr. 10 GIII Beaumont S. at seven furlongs. Both races are at Keeneland. A start in the Ashland would mean that Ward is serious about the Oaks.

Breeders' Cup Juvenile Starters Continue to Come Up Short

When Pappcap (Gun Runner) finished eighth in the Risen Star, it marked the latest loss by a horse who had run in the GI Breeders' Cup Juvenile. Pappacap was second in last year's Juvenile.

There were 11 starters in the Juvenile and not one has won since that race. They are a combined 0-for-9. Five Juvenile starters have not run since the Breeders' Cup, a list that includes winner Corniche (Quality Road). He has not had a workout this year and there have been no updates on his schedule. It is unlikely that trainer Bob Baffert will have him ready for the Derby.

Perseverance Pays Off For Cordmaker Connections

He may not be a superstar, but there are few horse in the sport that are more admirable than the 7-year-old Cordmaker (Curlin).

He was bought for $150,000 at the 2016 Fasig-Tipton Midatlantic Fall yearling sale by owner Ellen Charles and sent to trainer Rodney Jenkins. It was apparent early on what they had. Cordmaker, who was gelded before his career debut, was one of those tough old pros who just went out there and tried every single time.

He came into Saturday's GIII General George S. at Laurel with 13 career wins overall and nine stakes victories. But he had never won a graded stakes.

As last, he got it done, winning the General George by three-quarters of a length. It was his fourth straight win, all of them coming in stakes. At seven, he's never been better and with $989,640 in career earnings he could go over the $1-million mark in earnings in his next start.

The Marcus Vitali Meth Case

Marcus Vitali should have been thrown out of this sport a long time ago. His record is as bad as it gets. And shame on tracks like Turf Paradise and Presque Isle Downs that have opened their doors to him.

But that doesn't mean Vitali is guilty of the latest charge, a one-year suspension and a $10,000 fine handed down by the Pennsylvania Racing Commission after a horse he ran last summer at Presque Isle Downs tested positive for methamphetamine. Going to bat for Vitali, Todd Mostoller, the executive director of the Pennsylvania Horsemen's Benevolent and Protective Association, which represents horsemen at Penn National and Presque Isle Downs, said that the methamphetamine positive was a result of environmental contamination and that Vital should not have been suspended

He very well could have a point. Common sense says that giving a horse meth would not result in an improved performance and use of the drug by humans is rampant.

But the bigger issue is whether or not Vitali is being treated differently because he is, well, Marcus Vitali. Mostoller said there have been “three or four” other methamphetamine positives in recent months at Penn National and in all those cases it was ruled that the positive test was the result of environmental contamination and the trainers were not suspended.

In 2017, a Peter Miller-trained horse tested positive for methamphetamine after running in the Pennsylvania Governor's Cup at Penn National. The Pennsylvania Racing Commission ruled that there were “mitigating circumstances” and fined Miller $1,500 but did not suspend him.

Vitali does have rights and should be treated like any other trainer. He's going to fight this and he may just win.

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Horsemen’s Rep Says Vitali Meth Positive is Environmental Contamination

News — Sat, 19 Feb 2022 22:28:51 +0000

In his fight to get out of as one-year suspension after a horse of his tested positive for methamphetamine, controversial trainer Marcus Vitali will have at least one person in his corner. Todd Mostoller, the executive director of the Pennsylvania Horsemen's Benevolent and Protective Association, which represents horsemen at Penn National and Presque Isle Downs, said that the methamphetamine positive was a result of environmental contamination and that Vital should not have been suspended

“This is somebody who did absolutely nothing wrong,” Mostoller said.

On Friday, the Pennsylvania Racing Commission published its ruling in which Vitali was suspended for one year and fined $10,000 after the horse Single Lady (Shanghai Bobby) tested positive for d-methamphetamine after winning a Aug. 21 maiden special weight race at Presque Isle Downs. Vitali has appealed the suspension.

Mostoller believes the filly came into contact with someone who had been using the drug, and that's how it got into her system.

“The bottom line is that this is environmental contamination,” he said. “There have been a number of methamphetamine positives in Pennsylvania. They've all been at the extremely small picogram level. No one gave methamphetamine to a horse. It's in the environment around us. It's a problem. And our industry has yet to really deal with the problem.”

Mostoller said there have been “three or four” other methamphetamine positives between Presque Isle Downs and Penn National in recent months and that in all other cases the stewards found there were extenuating circumstances and the trainers were not held responsible. The TDN was not able to confirm Mostoller's contention.

In 2016, five horses at Lone Star Park tested positive for meth. The Texas Racing Commission concluded that the horses were contaminated by their handlers and, while the horses were disqualified, the trainers were not penalized

Mostoller hinted that Vitali, who has been in and put of trouble for years, might be treated differently than others.

“This is absurd. It goes beyond common sense,” he said. “Unfortunately for Vitali, he is a hot-button name.”

But Mostoller went on to explain that in the other recent meth cases, it was confirmed that someone handling the horses had used meth. That has not happened with Single Lady.

“In this case, nobody tried to find the source,” he said. “No employees were tested. So, you're certainly not going to find the source of environmental contamination if you don't look for it. This is under appeal and we'll see where it goes from there.”

Single Lady is owned by Carolyn Vogel, 80, who races under the name of Cross Sabres Farm. Prior to Vitali filing for an appeal, Single Lady was placed on the stewards' list for 90 days. Vogel has been one of Vitali's most loyal owners and has stuck by him despite the trainer's history. She said she has seven horses with him and when asked if she intended to keep them with Vitali she responded, “I will stick by him until further notice.”

When asked what she likes about Vitali, she responded: “He is very good with legs and he is very hands on. He doesn't have too many horses and he is not real expensive. He makes it more affordable and fun.”

Is she concerned about his reputation?

“I don't think he is a cheater,” she said. “He might push the envelope, but he doesn't cheat.”

Vitali is currently racing at Turf Paradise and, due to the appeal, has remained eligible to race there. He has horses entered there on Tuesday and Friday. Both are owned by Vogel.

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Vitali Hit With One-Year Suspension for Meth Positive in Pennsylvania

News — Fri, 18 Feb 2022 20:25:50 +0000

Trainer Marcus Vitali, whose career has been plagued by numerous suspensions and controversies, has been suspended for one year and fined $10,000 by the Pennsylvania Racing Commission after a horse he trained named Single Lady (Shanghai Bobby) tested positive for d-methamphetamine. He was also hit with six multiple medication violation points.

The infraction occurred on Aug. 21, 2021 at Presque Isle Downs in a maiden special weight race won by the Vitali-trained filly. The horse is owned by Crossed Sabres Farm.

The story was first reported by the Paulick Report.

According to the website pubmed.ncbi, methamphetamine is banned in athletic competition because it may improve athletic performance, but there are no studies assessing its effects on performance.

Vitali requested a split sample, which was conducted by the UIC Analytical Forensic Testing Laboratory in Chicago, Illinois, which confirmed the d-methamphetamine positive. The suspension began Feb. 15 and is set to expire on Feb. 14, 2023.

According to the Paulick Report, Vitali has appealed the Pennsylvania suspension. He is currently racing at Turf Paradise and is scheduled to have his next starter there in Tuesday's fourth race.

Vitali is also awaiting word from the New York Racing Association, which has scheduled a hearing that will determine if it can suspend him from racing at the New York tracks.

In a separate ruling, Vitali was fined $500 after being found on Oct. 6 to be in possession of medications without a prescription. According to the racing commission ruling, Vitali was in possession of medications known as Dr. Burch's 40 Equi-Dyne and Dr. Burch's 6 Windy. Both had labels stating that they were “for veterinarian use only.”

This is far from the first time Vitali has found himself in trouble with regulators or track officials.

There are 84 docket entries under his name in The Jockey Club's online rulings database, many of them for medication violations. Between 2011 and the start of 2016, Vitali was hit with 23 medication violations in Florida alone. He was also investigated over a complaint of animal cruelty.

In 2016, he relinquished his license in Florida after being hit with seven drug violations over a four-month period only to resurface at Mid-Atlantic tracks. In 2019, he was suspended for one-year in Delaware after it was alleged that he interfered with a search of an employee's dorm room and ran off with a vial containing an unknown substance. In 2020 he was banned at the Maryland tracks after it was charged that he was the actual trainer of horses running under the name of Wayne Potts.

Still, Vitali has found places to run. He made the bulk of his starts in 2021 at Turf Paradise and Presque Isle and also had starters at Finger Lakes, Saratoga and Lone Star Park. He made 126 starts in 2021 and won 17 races.

It was also reported by Daily Racing Form Friday that trainer Juan Vazquez was given 30 days worth of suspensions by the Pennsylvania Horse Racing Commission for two levamisole positives from 2021.

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NYRA Considers Action Against Potts

News — Mon, 24 Jan 2022 21:32:24 +0000

After the news that trainer Wayne Potts had been suspended by the New Jersey Racing Commission for the first 30 days of the Monmouth Park meeting, the New York Racing Association is investigating the possibility of holding a hearing and potentially suspending the trainer as well, according to NYRA spokesman Patrick McKenna.

The news was first reported by Dave Grenig of Daily Racing Form.

In a TDN story Saturday, it was revealed that on Aug. 6, 2021, Potts allegedly told his assistant, Bonnie Lucas, not to permit one of his trainees to be vanned off the track after a race at Monmouth Park despite an order to do so from the New Jersey Racing Commission (NJRC) veterinarian. Potts was fined $1,000 and suspended 30 days in September, with the dates of that suspension being announced just last week.

“In just the last five months, Wayne Potts has been suspended by both the New York State Gaming Commission and the New Jersey Racing Commission due to conduct in direct violation of the rules of racing,” said McKenna. “Most recently, Mr. Potts was proven to have jeopardized the health and safety of a horse by refusing to allow the horse to enter an equine ambulance as directed by a regulatory veterinarian. This is a particularly egregious breach of his most fundamental responsibility as a trainer—to ensure the well-being of horses under his care. NYRA has afforded Mr. Potts the privilege of stabling and racing at our venues, but this pattern of conduct calls into question whether he should continue to enjoy that privilege. NYRA is gathering the necessary facts to support a statement of charges and a formal administrative hearing to potentially suspend Mr. Potts from participating in racing at Aqueduct Racetrack, Belmont Park and Saratoga Race Course. In the near term, NYRA is determining immediate options such as revoking his stall allotment at Belmont Park.”

The news comes amidst the hearings being held as NYRA attempts to suspend trainer Bob Baffert from racing at their facilities.

Potts ran afoul of New York authorities after an incident in August at Saratoga where he violated the `restricted' transfer rule which prohibits the claim and subsequent transfer of a horse within a 30-day timeframe.

In August 2020, Potts was barred from racing and stabling at Maryland tracks due to accusations from The Stronach Group that he was operating as a “program trainer” on the basis that he was receiving horses that had been previously trained by the suspended Marcus Vitali.

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NYRA: Hearing For Marcus Vitali Scheduled For March 1

News — Thu, 14 Oct 2021 22:04:00 +0000

A scheduling conference on Oct. 13 revealed that NYRA-appointed hearing officer Robert Smith has set March 1, 2022 as the date for trainer Marcus Vitali's disciplinary hearing to begin, reports bloodhorse.com.

The New York Racing Association issued a statement of charges and notice of hearing to both Vitali and trainer Bob Baffert on Sept. 10, 2021. The charges include both conduct detrimental to the best interests of racing and conduct detrimental to the business interests of NYRA.

NYRA's public statement from that day reads, in part: “NYRA contends that Mr. Baffert and Mr. Vitali have engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders. Further, as detailed in the respective statements of charges, this conduct warrants revocation or suspension of their right to train horses, enter races, or engage in any racing-related activity at all NYRA properties including Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

Vitali raced just one horse at a NYRA track this year, sending out Red Venus to finish last of seven in the fourth race on July 22 at Saratoga. After not starting any horses from July 21, 2019, until Jan. 4, 2021, Vitali has saddled 14 winners in 2021, primarily racing at Turf Paradise, Lone Star, and Presque Isle.

NYRA's statement of charges against Vitali begins: “From between in or about 2010 and in or about 2020, Respondent amassed an extensive record of medication violations, lengthy suspensions, improperly using 'program' or 'paper' trainers during suspensions and obstructing an investigation into alleged wrongdoing. In the past five years, Respondent was denied entry, ejected and/or had license applications denied by regulators of Thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware; and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”

Vitali has made headlines many times over the years, first for numerous therapeutic medication violations, then for avoiding sanctions for positive post-race drug tests by turning in his license in Florida. In 2016, reporting by the Paulick Report revealed Vitali was training horses at Gulfstream Park under the name of Allan Hunter; Vitali and Hunter were subsequently barred from the entry box there and at Tampa Bay Downs. Vitali reapplied for a trainer's license in Florida, where state officials credited him with time served for his medication overages.

The Jockey Club denied Vitali Stud Book privileges for two years, starting January 1, 2017, for being determined to have violated on seven occasions a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances in a Thoroughbred on seven occasions within a 365-day period.

Vitali sent out just 29 starters in 2017, mostly at Gulfstream and Gulfstream Park West, but returned with a stronger hand in 2018, with 334 starters, also mostly in South Florida.

In 2019, Vitali's license was suspended for one year when he interfered with a search conducted by Delaware Park security of his employee's dorm, bursting into the room and absconding with an object which was never recovered. Vitali claimed the object was a container of marijuana. His employee at the time said it was an unlabeled vial containing a clear liquid of some type which Vitali asked her to keep in her refrigerator. He has completed that suspension.

In 2020, the Maryland Jockey Club told the Paulick Report that it had given trainer Wayne Potts one week to vacate his barn at Laurel Park, where he keeps 30 horses, after track officials say they discovered Potts was program training for Vitali. Vitali reportedly could not get stalls at racetracks in the area. Maryland officials said they discovered the connection between the two when horses based at Rising Sun Training Center in New Jersey were entered under Potts's name at Laurel and turned up with health certificates that had been altered to white out Vitali's name. A cluster of horses appeared at Rising Sun around that time from longtime Vitali clients, primarily from Florida. That cluster included Be Gone Daddy.

After Potts was told to vacate Laurel, Vitali applied for a training license in Illinois afterwards but was unsuccessful in receiving one. The horses formerly based at Rising Sun ran at Arlington Park and Hawthorne under trainer Dino DiZeo. Many of the same group from Rising Sun posted workouts at Turf Paradise in the days before Vitali saddled his first runner there.

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NYRA: Bob Baffert’s Hearing Scheduled To Begin Jan. 24

News — Mon, 11 Oct 2021 20:19:52 +0000

The official hearing for Bob Baffert's potential suspension from New York Racing Association tracks will begin on Jan. 24, reports the Daily Racing Form. That date was decided during Monday's initial meeting between NYRA and Baffert's attorneys, which was presided over by O. Peter Sherwood, the retired New York State Supreme Court justice serving as a NYRA-appointed hearing officer.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and initially scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. Baffert was not expected to participate during Monday's meeting, because it was convened only to schedule future dates and deadlines.

NYRA had notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Carol Bagley Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

The upcoming hearing process, laid out by NYRA in it's official statement on Sept. 10, is not expected to be brief. The hearing may last several days, and Sherwood is not required to issue his post-hearing report with recommendations within a specific period of time.

Once that report has been issued, a panel will review it and issue a final decision within 10 days.