Weekly Stewards and Commissions Rulings, Feb. 6 – Feb. 12

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

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.

Source of original post

Weekly Stewards And Commissions Rulings, Dec. 12-18

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 is the saga surrounding Tankinator, a horse at the centre of two positfives within 17 days.

On Oct. 21, Tankinator finished 6th at Delaware Park. Tankinator was claimed out of Webster Gayle's barn that day before running again on Nov. 7 for Bonnie Lucas at Parx Racing. Tankinator was pulled up and vanned off in that race. It's unclear whether Tankinator was euthanized.

In pending rulings posted on the Horseracing Integrity and Welfare Unit's (HIWU) website, the 5-year-old gelding's post-race sample after his Oct. 21 appearance tested positive for the corticosteroid Dexamethasone, a controlled drug commonly used as an anti-inflammatory.

Tankinator's post-race sample after his Nov. 7 run tested positive for Xylazine, a controlled drug that can be used to sedate or tranquilize horses.

According to a HIWU spokesperson, the notice for the first positive test was sent out after the horse ran again on Nov. 7, as the post-claim owner would not have had the option to void the claim through HISA without being aware of the first positive test. Gayle and the post-claim owner were alerted to the dexamethasone positive at the same time, the spokesperson added.

In a separate case, trainer Michael Lauer was handed down a two and ½ month suspension after his horse, Mowins, had tested positive for the diabetes drug, Metformin, after finishing third at Horseshoe Indianapolis on Aug. 5. He was also fined $2,600. Lauer's suspension began on Oct. 12.

HISA lists Metformin as a banned drug, meaning it comes with a possible two-year suspension.

According to the case resolution posted on HIWU's website, the groom looking after Mowins had a prescription for Metformin, which he took twice daily. The day of the race, the groom, Jorge Ceballos, took the medication during lunch, before preparing Mowins for the race, “which included putting the bridle in Mowins' mouth,” according to the case resolution.

HIWU agreed that “Mr. Lauer was able to establish the source of Metformin by a balance of probability was unintentional contamination by Mr. Ceballos during his pre-race grooming preparations,” according to the case resolution.

Trainers Jeffrey Englehart and A. Ferris Allen were each issued seven-day suspensions and $1,000 fines for Phenylbutazone positives. Phenylbutazone is a Class C controlled medication. For both trainers, the sanctions handed down constituted their second Class C substance violations under HISA.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations
Date: 11/05/2023
Licensee: Anthony Farrior, trainer
Penalty: No penalty. Equine anti-doping charges withdrawn. B Sample volume insufficient for analysis.
Explainer: For the presence of Metformin-a banned substance-in a sample taken from Geothermal, who raced at Laurel Park on 11/5/23. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 10/28/2023
Licensee: Tony Lello, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Reel Em In. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/25/2023
Licensee: Joe Pizzurro, trainer
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 Atlantic Firestorm. 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: Terry Eoff, 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 Methocarbomal-Controlled Medications (Class C)-in a sample taken from Kentucky Dawn, who finished second at Remington Park on 9/28/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/01/2023
Licensee: A. Ferris Allen, trainer
Penalty: 7-day period of Ineligibility, beginning on December 13, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Aristocratic, who finished second at Colonial Downs at 9/1/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/05/2023
Licensee: Michael Lauer, trainer
Penalty: Two and ½ month (i.e., 75-day) period of Ineligibility for Covered Person, beginning on October 12, 2023; 60-day period of Ineligibility for Covered Horse, beginning on August 31, 2023 (already served); Disqualification of Covered Horse's Race results obtained on 08/05/23 and 08/23/23, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $2,600. Final decision of HIWU, and admission.
Explainer: For the presence of Metformin-a banned substance-in a sample taken from Mowins who finished third at Horseshoe Indianapolis on 8/5/23. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/17/2023
Licensee: Jeffrey Englehart, trainer
Penalty: 7-day period of Ineligibility, beginning on December 13, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Graywing, who finished fourth at Finger Lakes on 7/17/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Pending ADMC Violations
Date: 11/29/2023
Licensee: Lacey Gaudet, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Graceful Union. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/25/2023
Licensee: Peter Walder, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Hello Jack. This is also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/14/2023
Licensee: Robert Lucas, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Shake N Fries. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Sugar Fish. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Barristan the Bold. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Ron Rozell, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Pemoline-a banned substance-in a sample taken from Bavaria. This was a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Roseinthesky, who finished second at Finger Lakes on 11/8/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/07/2023
Licensee: Bonnie Lucas, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from Tankinator, who was pulled up and vanned off in a race at Parx Racing on 11/7/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/21/2023
Licensee: Webster Gayle, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone-Controlled Medication (Class B)-in a sample taken from Tankinator, who finished sixth at Delaware Park on 10/21/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/21/2023
Licensee: Bret Calhoun, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Diclofenac-Controlled Medication (Class C)-in a sample taken from Ain't Broke, who won at Churchill Downs on 09/21/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

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

Los Alamitos
Diego Herrera – violation date Dec 16; $250 fine, one-day suspension, 2 strikes over limit
Giovanni Franco – violation date Dec 16; $250 fine, one-day suspension, 1 strike over limit
Kyle Frey – violation date Dec 17; $250 fine, one-day suspension, 1 strike over limit

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.

New York
Track: Aqueduct
Date: 12/14/2023
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 for three (3) NYRA racing days January 1st 2024, January 4th 2024, January 5th 2024 inclusive. This for careless riding during the running of the 6th race at Aqueduct Racetrack on December 9th 2023.

Track: Aqueduct
Date: 12/18/2023
Licensee: Junior Alvarado, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Junior Alvarado is hereby suspended three (3) NYRA racing days January 1st 2024, January 4th 2024, January 5th 2024 inclusive. This for careless riding during the running of the 9th race at Aqueduct Racetrack on December 16th 2023.

The post Weekly Stewards And Commissions Rulings, Dec. 12-18 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Former Vet Chan Asks For Revision To 30-Month Doping Conspiracy Sentence

The former New York-based veterinarian Alexander Chan has filed a hand-written plea from prison asking for a reduction to his 30-month sentence that was handed down in May as punishment for his role in the wide-ranging 2020 racehorse doping conspiracy case.

In December 2022, Chan had cut a deal with prosecutors that involved pleading guilty to a single felony charge of drug adulteration and misbranding in exchange for two other felony counts against him being dropped.

Chan's filing with the court on Monday was submitted without an attorney acting on his behalf.

But the 10-page motion laid out a cogent case for reconsideration based on an amendment recently adopted by the United States Sentencing Commission that allows for downward revisions of sentencing levels for petitioners who have zero criminal history points on their records.

According to Chan's filing, the new sentencing commission guidelines allow, in certain cases, for retroactive recalculation of the “offense levels” that are used to determine prison terms, so long as the offenses didn't involve things like violent behavior, the use of weapons, sex crimes, or hate crimes.

Chan is arguing that a recalculated offense level in his instance would reduce his sentence to a 24-to-30 month prison term, and he is asking the court to revise his imprisonment to the lowest end of that tier because of his record of good behavior while jailed at Fort Dix, a low-security federal correctional institution in New Jersey.

Chan wrote in his motion that he has “pursued [computer] programming to a greater degree than any other similarly situated inmate and has been free from disciplinary actions.”

Chan was arrested in March 2020 as part of a series of coordinated law enforcement sweeps in the years-long federal investigation of a network of more than 30 horsemen, veterinarians, and equine pharmaceutical suppliers who ended up facing charges.

Jason Servis | The Jockey Club of Saudi Arabia

In the lead-up to sentencing, federal prosecutors had described Chan in court documents as “a former veterinarian for the New York Racing Association (NYRA), and a practicing veterinarian for over 15 years [who] abdicated his duty of responsibility to the horses under his care.”

The feds' portrayal of Chan continued: “After spending three years as a traveling veterinarian for NYRA, the defendant worked under convicted co-defendant Kristian Rhein at Empire Veterinary Group and soon after began providing and/or administering adulterated and misbranded drugs without valid prescriptions, knowing that their use violated New York's racing rules, medical ethics, and the law.”

Chan's own presentence report filed by his legal team had stated that, “Dr. Chan's sterling career and the beautiful young family it supported have since been destroyed because-at the direction of his boss and the owner of the veterinary practice in which he worked, Dr. Kristian Rhein-Dr. Chan participated in the distribution of misbranded substances for use on Thoroughbred racehorses.”

According to a trove of wiretap evidence, plus implicating testimony from plea-bargaining defendants, Klein and Chan's client list included the now-imprisoned former trainer Jason Servis, whom the feds alleged doped almost all the horses under his control in early 2019.

The post Former Vet Chan Asks For Revision To 30-Month Doping Conspiracy Sentence appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Weekly Stewards and Commissions Rulings, Dec. 5-11

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 Philip Aristone has been suspended for a combined 105 days and fined a total $7,500 after two of his horses tested positive post-race for Lamotrigine, a Class A controlled medication under HISA.

According to the National Institutes of Health, Lamotrigine is an anti-seizure, anti-epilepsy drug that is also used off-label to treat other human health issues like acute bipolar depression, fibromyalgia, schizophrenia, and unipolar depression.

Los Alamitos-based trainer Reed Saldana has also been banned for two years and fined $25,000 after one of his horses tested positive post-race for the banned substance, Diisopropylamine, a vasodilator, meaning it can cause blood vessels to open or dilate. Diisopropylamine is also found in commonly used human products like hand sanitizer.

A Horseracing Integrity and Welfare Unit's (HIWU) arbitration body heard Saldana's case, for which he did not engage an attorney.

The next option for covered persons who wish to contest a HIWU arbitration decision is to appeal the result to the Federal Trade Commission (FTC).

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 11/4/2023

Licensee: Jeff Hiles, 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, Blue Devil. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/01/2023

Licensee: Steve Krebs, 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 Guaifenesin—Controlled Medication (Class C)—in a sample taken from Burn The Evidence, who won at Parx Racing on 11/1/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/31/2023

Licensee: Ortis Henry, 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 Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Empress Palpatine, who finished second at Finger Lakes on 10/31/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/29/2023

Licensee: Michael Ferraro, 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, Princess Sonya. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/06/2023

Licensee: Carl James Deville, trainer

Penalty: No penalties. HIWU withdrew its Equine Anti-Doping (EAD) charges.

Explainer: For the presence of Tapentadol and Butalbital—banned substances—in a sample taken from Eurobeliever, who was pulled up and vanned off at Presque Isle Downs on 9/6/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/06/2023

Licensee: Philip Aristone, trainer

Penalty: 45-day period of Ineligibility for Covered Person, beginning on January 5, 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 $5,000; imposition of 3 Penalty Points; Additional 30-day period of Ineligibility for Covered Person, beginning on February 19, 2024, as a result of the accumulation of 6 penalty points.Admission.

Explainer: For the presence of Lamotrigine—Controlled Medications (Class A)—in a sample taken from Jewels in the Bay, who won at Parx Racing on 9/06/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 9/03/2023

Licensee: Debbie Van Horne, trainer

Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from You're the Cause, who won at Emerald Downs on 9/3/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/12/2023

Licensee: Faustino Patino Lopez, 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 Night to Remember, who finished third at Emerald Downs on 8/12/23. This was a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/08/2023

Licensee: Michael Pappada, trainer

Penalty: No penalties. HIWU withdrew its Equine Anti-Doping (EAD) charges.

Explainer: For the presence of Tapentadol—a banned substance—in a sample taken from Truckin Tommy, who finished third at Presque Isle Downs on 8/8/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/04/2023

Licensee: Philip Aristone, trainer

Penalty: 30-day period of Ineligibility for Covered Person, beginning on December 6, 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 $2,500; imposition of 3 Penalty Points. Admission.

Explainer: For the presence of Lamotrigine—Controlled Medications (Class B)—in a sample taken from Field Letters, who won at Penn National on 8/4/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/16/2023

Licensee: Reed Saldana, trainer

Penalty: 24-month period of Ineligibility for Covered Person, beginning on July 6, 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 $12,000 of arbitration costs. Final decision of an arbitral body.

Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Ice Queen, who finished third at Santa Anita on 6/16/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Read more on the story here.

Pending ADMC Violations

Date: 11/05/2023

Licensee: Anthony Farrior, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Metformin—a banned substance—in a sample taken from Geothermal, who raced at Laurel Park on 11/5/23. 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: 11/05/2023

Licensee: Jose Puentes, trainer

Penalty: Pending

Alleged violation: Medication violation

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

Violations of Crop Rule

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

Los Alamitos

Tyler Baze – violation date Dec 8; $250 fine, one-day suspension

J.G. Torrealba – violation date Dec 8; $250 fine, one-day suspension

 

The post Weekly Stewards and Commissions Rulings, Dec. 5-11 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights