HIWU Releases Names of Horses Ineligible to Race Because of Intra-Articular Injections

by Bill Finley and Dan Ross

A day after telling the TDN that it was not obligated to make public the names of horses who were ineligible to race or work because they were found to have had an intra-articular injection within seven days of a timed workout, the Horseracing Integrity and Welfare Unit (HIWU) reversed course Friday and published a list on its website of the 19 horses that were provisionally suspended.

Horses that violated Horseracing Safety and Integrity Authority (HISA) Rules 3313 and 4222, which cover intra-articular injection and the timeframe in which horses can race or work after having the injections, mandates that any horses that violate the rules are ineligible race or breeze for 30 days from the date of the injection. Trainers in violation of the rules were subject to 60-day suspensions. However, HISA announced late last month that the trainers would not be penalized and that the rules would not be enforced prior to July 15. HISA Chief Executive Lisa Lazarus said at the time that the delay in implementing the rule was needed because there was confusion among trainers regarding the specifics of the rule. She added that the temporary modification of enforcement of the rules was deemed the most “fair and equitable” way to proceed “given the number of violations.”

But HISA/HIWU still put the horses involved on a “provisionally suspended list.” According to a HISA statement released Friday, that was done so to “protect the horse's health.”

The list includes 17 trainers. Two horses had not started, therefore their trainers were not listed on Equibase. Among trainers, the most prominent names on the list are Norm Casse, Michael Stidham, Todd Pletcher, Linda Rice, and Jack Sisterson. The others are Carlos Munoz, Adriel Gonzalez, Betty Ott, Pedro Nazario, Brian Cook, Adrian Farias, David Fawkes, Victor Carrasco, Jr., John Ennis, Joseph Davis and Monica McGoey.

The release of the names of the horses left some important questions unanswered, namely why were some of the horses permitted to race while on the suspended list? The list of horses that raced while they were supposedly suspended numbers nine and does not include horses that may have worked out while they should have been ineligible to do so. Three of the horses on the list won while “suspended.” They are Trust Me (The Big Beast), Borgobythsea (English Channel) and Let's Go Mark (American Freedom).

At deadline for this story, a HIWU spokesperson had just responded to an email from TDN asking why the horses were allowed to race while suspended and who at HISA/HIWU was responsible for this apparent lapse? In an earlier email to HIWU, TDN had also asked if the horses who won while on the provisionally suspended list would be disqualified.

Here is the reply:

“HIWU had not anticipated the large volume of violations related to this rule and given the newness of the ADMC program, HIWU processed and notified the cases as quickly as they could. The horsemen continued to train and race their horses prior to receiving any notification, therefore they will not receive any penalties. HISA is reviewing the rule and procedures and will make an announcement prior to July 15 on the status of the rule and related procedures subsequent to July 15. Additionally, there were numerous other potential ADMC violations that needed to be investigated and/or processed, creating a much larger than expected workload. HISA and HIWU's top priority is the safety and welfare of each horse and measures have been taken to address these operational concerns.”

The list published Friday was through July 3. According to HISA, it will be updated.

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Weekly Stewards and Commissions Rulings, Jan. 3-9

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

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

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

 

California

Track: Santa Anita

Date: 01/07/2023

Licensee: Jeff Mullins, trainer

Penalty: Thirty-day suspension (15 days stayed), $1,500 fine

Violation: Medication violation

Explainer:  Owner/Trainer Jeff Mullins, who started the horse “INCH”, first place finisher, in the sixth race at Del Mar Race Track on August 25, 2022, having entered into a Settlement Agreement and Mutual Release with the California Horse Racing Board, is fined $1,500.00 and suspended for thirty days (January 9, 2023, through February 7, 2023) pursuant to California Horse Racing Board Rule #1887(a) (Trainer or Owner to Insure Condition of Horse), for violation of California Horse Racing Board rules #1843(a)(b)(d) (Medication, Drugs and Other Substances), #1843.1(a) (Prohibited Drug Substances – Clenbuterol) and assessed two (2) points in accordance with California Horse Racing Board 1843.4 (Multiple Medication Violations [MMV] Class 3). In accordance with the agreement, fifteen suspension (January 24, 2023, through February 7, 2023) are stayed, Jeff Mullins is placed on probation for one year from the date of this ruling and may not have any violation of CHRB Rules and Regulations, #1843, #1843.1, and #1887 regarding Class I, II or III drug substances. The term of suspension shall be from January 9, 2023, through January 23, 2023. If Jeff Mullins violates a condition of the probation, fifteen days of stayed suspension shall be imposed following a notice and hearing.

More on the story can be read here.

 

Track: Santa Anita

Date: 01/08/2023

Licensee: Joe Bravo, jockey

Penalty: $250 fine, one-day suspension

Violation: Excessive use of the whip

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Joe Bravo, who rode Luvluv in the tenth race at Santa Anita Park on January 7, 2023, is suspended for (1) day (January 15, 2023), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Joe Bravo is assigned three (3) violation points that will be expunged on July 8, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and penalties) – third offense since August 11, 2022. Jockey Joe Bravo has accrued a total of nine (9) points.

 

Track: Santa Anita

Date: 01/08/2023

Licensee: Flavien Prat, jockey

Penalty: $250 fine, one-day suspension

Violation: Excessive use of the whip

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Flavien Prat, who rode Giver Not a Taker in the seventh race at Santa Anita Park on January 7, 2023, is suspended for (1) day (January 15, 2023), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Flavien Prat is assigned three (3) violation points that will be expunged on July 8, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and penalties) – first offense.

 

New York

Track: Aqueduct

Date: 01/06/2023

Licensee: Kieron Magee, trainer

Penalty: Ten-day suspension, $1,000 fine

Violation: Medication violation

Explainer: Having received a report from the NYS Gaming Commission Drug Testing Laboratory of the finding of Phenylbutazone in the post-race sample taken from horse “Dat Dares Gold” (#5) which raced at Aqueduct Race track in the 3rd race and finished 2nd on November 17th 2022. Trainer of record Mr. Kieron Magee having been notified of the post-race findings and having waived his right to an appeal, is hereby fined the sum of $1,000 dollars and suspended 10 Calandar days effective Friday January 13th, 2022, through Sunday January 22nd 2022, inclusive.

Furthermore, the Stewards order horse “Dat Dares Gold” disqualified from any part of the purse and the purse redistributed as follows:

  1. (#1) Adelaide Miss
  2. (#4) Prairie Fire
  3. (#2) Big Tony's Girl
  4. (#7) Mebs Web
  5. (#3) Big Al's Gal

Ordered that during your period of suspension, you shall not directly or indirectly participate in New York State Pari-mutuel horse racing. You are denied the privilages and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or assist with any aspect of the training of such horses.

 

Track: Aqueduct

Date: 01/08/2023

Licensee: Michael Jones, trainer

Penalty: $500 fine

Violation: Saddling violation

Explainer: Mr. Michael E. Jones, Jr is hereby fined the sum of $500 for failing to tend to business in a proper manner. According to NYRA spokesperson Pat McKenna, Jones was fined for failing to make the appropriate accommodations to have his horse saddled by approved personnel.

 

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for 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

Aqueduct

Katie Davis – violation date January 1; $250 fine and one-day suspension, 7 strikes

Heman Harkie – violation date January 1; $250 fine and one-day suspension, 7 strikes

 

Turf Paradise

Israel Hernandez – violation date January 2; $250 fine and one-day suspension, strikes “in excess” of the six-strike limit

 

Tampa Bay Downs

Ronald Allen, Jr. – violation date January 4; $250 fine and one-day suspension, 8 strikes

 

Voided Claims

Aqueduct

Chateau – ruling date 12/30/2022

 

Gulfstream Park

Action Rose – ruling date 12/21/2022

Fulton Street – ruling date 12/21/2022

Gianni Lambo – ruling date 12/21/2022

Mai Ty One On – ruling date 12/21/2022

 

Penn National

Great Baroness – ruling date 12/30/2022

Longtail – ruling date 12/30/2022

Great Assumptions – ruling date 12/30/2022

 

Turfway Park

Double Advantage – ruling date 12/8/2022

Air Attack – ruling date 12/14/2022

Chimaev – ruling date 12/26/22

Storm Risk – ruling date 12/28/2022

Expect the Boss – ruling date 12/28/2022

Blanket of Roses – ruling date 12/29/2022

 

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Trainer Doug O’Neill Suspended 60 Days

Trainer Doug O'Neill has been suspended 60 days, fined $10,000, and put on probation for one year stemming from a medication positive by his starter Worse Read Sanchez (Square Eddie) at Golden Gate Fields May 1, according to a ruling posted on the California Horse Racing Board (CHRB) website. The 3-year-old gelding finished third in Golden Gate's Silky Sullivan S., his only start at the Northern California track. Worse Read Sanchez, who is owned by Reddam Racing LLC, has since made five additional starts at Santa Anita and Del Mar, with his best finish a third Oct. 7 in an optional allowance in Arcadia.

The ruling is pursuant to CHRB Rule #1887 for violation of CHRB Rules #1843 (a) & (d) (Medication, Drugs and Other Substances) and #1843.1 (a) (Prohibited Drug Substances). The prohibited substance was reportedly lidocaine, a Class 2 violation.

In addition to a 60-day suspension and $10,000 fine, O'Neill will be placed on a one-year probation, retroactive to May 1, the date of the violation, and ending May 1, 2023. His 60-day suspension is to be stayed 30 days for good cause. The actual days of suspension will begin Nov. 21 and end Dec. 20. If any of the probation is violated, the stayed 30 days will be reinstated in addition to any penalty for any addition rule violation.

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Weekly Rulings: Mar. 15 – 21

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

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

CALIFORNIA

Track: Santa Anita
Date: 03/17/2022
Licensee: Flavien Prat, jockey
Penalty: $500 fine
Violation: Excessive use of the whip
Explainer: Jockey Flavien Prat is fined $500.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times) during the sixth race at Santa Anita Park on Mar. 13, 2022.

Track: Santa Anita
Date: Two steward hearings on 03/18/2022 and 03/19/2022
Licensee: Richard Baltas, trainer
Penalty: $1,000 fine and assessed 1/2 point.
Also, disqualification and purse redistribution
Violation: Medication violation
Explainer: Trainer Richard Baltas, who worked the horse Lookin at Sweetie for removal from the Veterinarian's List on Jan. 3, 2022, at Santa Anita Park, is fined $1,000 and assessed one half (1/2) point in accordance with California Horse Racing Board Rule #1843.4 (Multiple Medication Violations, expires Mar. 18, 2023) pursuant to California Horse Racing Board Rules #1887 (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board Rule #1866(h) (Veterinarian's List), #1843(a)(b)(d) (Medication, Drugs and Other Substances) and Rule #1843.1 (Prohibited Drug Substances–Methocarbamol [Class 4] – second offense in the last 365 days).
Pursuant to a formal hearing held Mar. 18, 2022, it is hereby ordered that Lookin at Sweetie, who finished first in the third race at Santa Anita on Jan. 21, 2022, be disqualified and deemed unplaced in accordance with CHRB rule #1592 (Ineligible Horse to be Disqualified). It is further ordered that the purse money awarded to owners George and Martha Schwary and earned by trainer Richard Baltas ($1,440.00) and Apprentice Jockey Diego Herrera ($1,280.00) be distributed in accordance with the revised order of finish, by the Paymaster of Purses at Santa Anita Park.

Revised order of finish is as follows:
1st–Cayton Kid
2nd–Elana My Princess
3rd–Life in Paradise
4th–Mongolian Dream
5th–Cat Lady Blues

Track: Santa Anita
Date: 03/20/2022
Licensee: Juan Hernandez, jockey
Penalty: $500
Violation: Excessive use of the whip
Explainer: Jockey Juan Hernandez is fined $500.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times) during the first race at Santa Anita Park on Mar. 19, 2022.

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