The suspensions came in the form of six separate rulings from the California Horse Racing Board, including two issued Sept. 4. According to CHRB spokesman Mike Marten, while the CHRB issued the rulings, it was only enforcing rules set forth by the Horse Racing Integrity and Safety Authority (HISA). Fresu's agent Tom Knust said an appeal will be filed with HISA on Thursday.

The Daily Racing Form was the first to report the story.

Fresu is from Italy and began riding in Southern California in late April.

Under HISA rules, a jockey is limited to six strikes of the whip and only in increments of two strikes at a time. For each violation, a jockey is given points according to how many times he or she went over the six-strike limit.

“I am new in the country and where I rode before, you can use the crop more times,” Fresu said. “When I came here, I needed to change my style and keep count. Most of the times, I was just one over the limit. It's not so easy to keep count, especially when you are fighting for a win and are head to head with another horse. It's my own fault. The other jockeys adapted to these new rules. In the last couple of weeks, it happened three times in three days and I won every one of those races by a nose. It shouldn't have happened, but I don't think it's really fair. It's not like you're riding in a way where you get other people in trouble or in a bad spot. It's not doing something dangerous. So I think the penalty is a little harsh. Still, I want to change and I want to improve. I want to do my best and not make mistakes like this anymore.”

In the Sept. 4 ruling, Fresu was suspended 15 days for compiling 18 violations points. He was given another seven days in a Sept. 1 ruling for another 15 violations points and in an Aug. 31 ruling, he was suspended seven days for having 12 points. He was also given three one-day penalties for three other rides at Del Mar in which he violated the whip rules.

The days are served as calendar days and not racing days and Fresu will be allowed to ride in some designated stakes races during his suspension.

The post Southern California Jockey Fresu Suspended 32 Days for Whipping Violations appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Although the Oct. 17 United States District Court (Central District, Southern Division) civil complaint puts forth a legal argument based on whether the horse Malpractice Meuser (GB) {Helmet (AUS)}had the proper registration documentation to be allowed to race, the subtext of the case is predicated on claims that Jamgotchian's naming of the horse allegedly equates to intentional trolling or harassment of a Kentucky-based lawyer who shares that surname.

And even though that attorney was not specifically referenced in any of the court documents filed by Jamgotchian, the Louisville Courier-Journal reported as far back as May 28, 2021, that a court battle was brewing over Jamgotchian's desire to name horses that allegedly “tweak” the well-publicized legal troubles of trainer Bob Baffert.

At that time, reporter Tim Sullivan wrote that “Jamgotchian wants to call one of his colts Bad Test Bob-a jab at Baffert's recent rash of drug positives.” He also reported that Jamgotchian had paid “$1,000 to challenge the Jockey Club's refusal to sanction Malpractice Meuser, a name previously approved in the United Kingdom and inspired by one of Baffert's attorneys, Michael Meuser.”

As Jamgotchian stated in that Courier-Journal story, “As soon as we get through this, I'm going to federal district court and filing a civil rights action…And they're going to get smoked.”

Now, nearly a year and a half later, Jamgotchian has followed through on that threat of litigation, with the CHRB as the defendant. The colt's breeder, Theta Holding I, Inc., is a co-plaintiff.

The complaint alleges the CHRB violated First, Fifth and Fourteenth Amendment rights, plus federal civil rights and California state constitution rights. Among the remedies Jamgotchian seeks via jury trial are damages in excess of $250,000, plus a ruling allowing Malpractice Meuser to race in California.

Via spokesperson Mike Marten, the CHRB declined the opportunity to tell its side of the story, citing a policy of not commenting on pending litigation.

When the Bad Test Bob name got rejected by The Jockey Club, Jamgotchian told the Courier-Journal that it was not a jab at Baffert, but instead referred to “one Bob Dreyfuss of Chatsworth, Calif., and his test for COVID-19.”

In Monday's court filing, Jamgotchian asserted that under free speech laws, “Even if Malpractice Meuser's approved name might refer to a living or deceased individual with a name that includes 'Meuser, 'or refers to no one at all, it is not a valid ground to prohibit the use of such name.”

Jamgotchian's complaint stated that Malpractice Meuser had the proper Jockey Club certification from Great Britain, where the colt was foaled, and subsequently got registered as a “covered horse” once the new federal Horseracing Integrity and Safety Act requirements became active in 2022.

But, the suit stated, when Jamgotchian wanted to enter Malpractice Meuser at Los Alamitos, “The sole reason for denial of the entry was the lack of a certificate of registration for Malpractice Meuser from The Jockey Club of New York, a private club which is not a governmental entity. [And] the sole reason, in turn, the New York Private Club refused to issue a certificate of registration was the name Malpractice Meuser.”

Malpractice Meuser has raced twice in his career, but has now been off for over a year. He finished third in his Mountaineer Park debut on June 30, 2021, then fifth at Indiana Grand on Oct. 14, 2021, for trainer Eric Reed and jockey Sonny Leon.

Both times, the court filings stated, “There was no public disturbance due to the name of Malpractice Meuser when he raced.”

The post Jamgotchian Sues CHRB Over Name Controversy appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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A hearing on the complaint, originally scheduled for early and then possibly late July, is now set for Aug. 3 with the Del Mar stewards beginning at 9 a.m., according to CHRB spokesperson, Mike Marten, in an email Friday afternoon.

In that same email, the CHRB wrote that Baltas–whose license remains active pending the hearing–had attempted to enter horses during the daytime Thoroughbred meet at Los Alamitos, but that the stewards denied those entries on June 28.

That meet runs June 25 through July 10.

The stewards' decision was based on two CHRB rules, one for good cause and the second giving stewards' discretion over entries and declarations, wrote Marten.

“All entries and declarations are under the supervision of the stewards, and they may, without notice, refuse the entries of any person or the transfer of any entries, and they may also, in their discretion, limit entries by providing that no horse shall be listed for more than one race in any one day,” CHRB Rule 1580 states.

According to Marten, Baltas has appealed that decision by the stewards, with an appeal hearing not yet scheduled.

The TDN reached out to Baltas by text but did not receive a response before publication.

According to the original complaint, surveillance video at Santa Anita caught Baltas' employees allegedly administering the substance to the horses on the days they were entered to race.

In California, trainers face tight restrictions about what medications and supplements can be given to a horse within 48 and 24 hours of a race.

A subsequent analysis of the substance by the University of California, Davis, allegedly found the presence of higenamine and paenol, both of which are plant extracts.

According to the United States Anti-Doping Agency (USADA), Higenamine is a chemical found in a variety of plants, and can act as an anti-asthmatic to open up airways.

Higenamine is also becoming more commonly found in dietary supplements for human athletes, as per USADA's website.

A CHRB investigation was triggered on May 8, when the Baltas-trained Noble perfection was a late scratch from the 10th race at Santa Anita.

At the same time, 1/ST Racing, which operates Santa Anita, banned the trainer from running and working horses at 1/ST-owned facilities. On May 7, the Baltas-trained Speedcuber suffered a sesamoid injury, and was euthanized two-days later.

Baltas had no runners at Santa Anita between 1/ST's announcement and the end of the meet, on June 19.

The post Baltas Hearing Rescheduled, Entries Denied by Los Al Stewards appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Better known as CBD – and marketed widely for a variety of health benefits to humans – Cannabidiol is found in a number of equine products, including tincture oil, pellets, liniment spray and poultices. While it is believed to work as an anti-inflammatory there is limited research on the possible benefits of CBD in horses and its use remains controversial. Because it is not included in the CHRB's classification list of drugs, it becomes a Class 1/Penalty Class A by default, according to CHRB spokesman Mike Marten.

The TDN reports that under CHRB rules, first-time violations of penalty class A can lead to a minimum one-year suspension or maximum three-year suspension, with a maximum fine of $25,000, absent mitigating circumstances.

The Association of Racing Commissioners International lists Cannabidiol as a Class 2/Penalty Category B substance, and the CHRB began the process of changing CBD's classification in early 2021. On Jan. 21, the CHRB pushed back the proposed rule change to make Cannabidiol a Class 3/Penalty Category B drug to the February meeting, at which point it went out for public comment.

The complaint was not made public until May 17, 2021.

CBD is now listed as a Class 3/Penalty Category B drug, for which first-time violations can result in a fine of no more than $10,000 and a minimum 30-day suspension, absent mitigating circumstances.

According to a report in Daily Racing Form, jockey Geovanni Franco, who rode Roses and Candy to victory Nov. 22, admitted to McAnally assistant Dan Landers that he used a product containing CBD the day of the race. Roses and Candy won the day's third race. Geovanni rode another winner on the same card three hours later that did not test positive.

Read more at the Thoroughbred Daily News.

The post McAnally Trainee Disqualified Over CBD Positive; Separate Hearing To Determine Sanctions appeared first on Horse Racing News | Paulick Report.

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A separate hearing to determine if McAnally will be further sanctioned will go before a hearing officer, California Horse Racing Board (CHRB) spokesperson Mike Marten told TDN.

[Note: A previous version of this story incorrectly stated McAnally had avoided being fined or suspended after the issuance of the CHRB's Nov. 12 ruling mandating the DQ.]

Roses and Candy (Candy Ride {Arg}), the nose victress of a Nov. 22, 2020, starter-allowance turf sprint tested positive post-race for 7-Carboxy-Cannabidiol.

The case stood out at the time the complaint was issued back in May for three reasons:

Firstly, it took nearly a half-year between the positive test and the issuance of a complaint.

Secondly, with regard to a possible accidental contamination, soon after the finding was discovered, jockey Geovanni Franco approached the CHRB to disclose that he had used a CBD-containing cream himself, perhaps triggering the mare's positive test when he rode her.

Thirdly, regarding the mechanism for penalization, CBD was not listed as a classified substance at the time the positive finding came back.

In California, by default, any unclassified positives are supposed to be treated as the most-severe Class 1, Penalty Category A violations. And under CHRB rules, such a serious first-time violation can lead to a minimum one-year suspension or a maximum three-year suspension, with a maximum fine of $25,000, absent mitigating circumstances.

But in the six-month gap between that November 2020 positive and when a complaint was eventually issued in May 2021, the CHRB was in the process of reclassifying CBD (and a number of other substances) to the less-severe 3B distinction, which is how the CBD offense is listed now. In California, first-time 3B violations can result in a fine of no more than $10,000 and a minimum 30-day suspension, absent mitigating circumstances.

Back on May 17, 2021, when the complaint became public, Marten told TDN that agency's staff would recommend to the stewards that they treat the positive as the lower 3B penalty because the new classifications had already been voted in by the board in February and were awaiting certification by California's Office of Administrative Law (OAL).

Two days later, at the monthly CHRB meeting on May 19, Rick Arthur, DVM, the CHRB's equine medical director at the time, said for the record, “Let me just get right to the heart of the issue. Cannabidiol, which was not classified under the current standard of regulation, was proposed to be a 3B in August of 2020, three or four months before this violation.”

As a result of the DQ ruling from last week, Roses and Candy's owner, Deborah McAnally, must forfeit $20,500 in purse winnings.

The post McAnally-Trained Mare DQ’d In Year-Old CBD Case appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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On Sept. 15, the Monmouth Park board of stewards suspended jockey Tomas Mejia for 10 years and fined him $5,000 for possessing an electrical device–commonly referred to as a “buzzer”–during a race run there Sept. 3.

That same day at Indiana Grand, leading Quarter Horse jockey, Sammy Mendez, was “summarily suspended for actions not in the best interest of racing,” and is awaiting a full hearing before the track's board of stewards. According to the Paulick Report, the suspension is connected to use of an illegal electrical device.

Citing these two cases, The Stronach Group–under its 1/ST moniker–circulated at the end of September a memo among the company's racing offices and veterinarians warning that such devices are “illegal and will not be tolerated” in racing, training or on site at any TSG facility.

“Any exercise rider, jockey or horsemen who is found to be using any type of electrical device on a horse will receive a ban from all 1/ST Racing and Training facilities and be escorted off the premises immediately,” wrote Aidan Butler, the company's chief operating officer.

The memo was subsequently circulated among California horsemen.

Butler explained in the memo that it came about after consultation with the Maryland Thoroughbred Horsemen's Association, the Thoroughbred Owners of California, the California Thoroughbred Trainers, and the Florida Horsemen's Benevolent Protection Association.

“I am asking each of you and your track employees (e.g., outriders, etc.) to be vigilant during training and racing in watching for these devices. If anyone observes horses that are acting unusually such as tail flagging among other behaviors, please follow up with the exercise rider/jockey immediately,” wrote Butler, in the memo. “Enough is enough.”

Stronach Group-owned training and racing facilities include in California Santa Anita, Golden Gate Fields and San Luis Rey Downs. In Florida: Gulfstream Park, Gulfstream Park West and Palm Meadows Training Center. And in Maryland: Laurel Park, Pimlico, Rosecroft Raceway and the Bowie Training Center.

The California Horse Racing Board (CHRB) already prohibits use of electrical devices like buzzers–used to shock horses into going faster–during “recognized” meetings within the state.

Part of the rule for “possession of contraband” states: “No person shall have in his possession on the premises during any recognized meeting any electrical stimulating or shocking device commonly known as a battery, or any mechanical stimulating device, or any other appliance, which might affect the speed or actions of a horse.”

According to CHRB spokesperson Mike Marten, in roughly 40 years no jockey in California has been found guilty of actually using an electronic device in a race. Rather, relevant cases have related to possession–or suspected possession–of such a device.

On Wednesday, the TDN asked the CHRB for any recent rulings against license holders believed to have contravened that rule.

“To the best of our knowledge,” the following is accurate, said Marten, who explained that it isn't a comprehensive overview of such cases due to the time given to compile the list and the accuracy of agency records.

The agency's database shows that jockey Carlos Bautista was suspended for one year–between July of 2007 and July of 2008–having been suspected of possessing an electronic device at Fairplex Park in September of 2006.

Pony person Jose Barajas was summarily suspended having failed to appear before the board of stewards at Golden Gate Fields in November of 2012, having been suspected of possessing electronic “contraband.”

In 2018, jockey/valet Pablo Fernandez-Macias was summarily suspended–and his case referred to the CHRB–having failed to appear before the board of stewards at the Los Angeles County Fair Meet at Los Alamitos, again for alleged “possession of contraband.”

On or around Mar. 1 of last year, jockey Cesar Franco was summarily suspended after a buzzer was found in his car at Los Alamitos.

The post Stronach Group Warns About Buzzer Use in Training and Racing appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Roses and Candy, trained by McAnally, tested positive for CBD after winning the third race at Del Mar on Nov. 22, 2020. A complaint against the trainer was officially filed Monday after a six-month investigation.

Meanwhile, the CHRB has been in the midst of changing the classification of CBD. It is currently not classified in California, meaning a positive test would be treated as the most severe, Class 1/Penalty A. The Association of Racing Commissioners International lists Cannabidiol as a Class 2/Penalty Category B substance.

On Jan. 21, the CHRB pushed back the proposed rule change to make Cannabidiol a Class 3/Penalty Category B drug to the February meeting, at which point it went out for public comment. California's Office of Administrative Law (OAL) will have to approve the drug classification before it becomes official.

However, CHRB spokesman Mike Marten said executive director Scott Chaney and investigators will recommend that stewards treat the alleged infraction as a Class 3 violation.

“Part of what's gotten this board in some real challenging circumstances is when we arbitrarily try to move or shift a drug [classification] before a rule is completed,” Gonzales said at Wednesday's meeting, referring the the handling of Justify's scopolamine positive in the 2018 Santa Anita Derby.

“Given what we know, I believe the board would have handled this if we had the power to do [so],” Gonzales continued. “But what does not sit right with me is that the board was not given a proper heads up that as we went about approving a list of medications… that there very well could be some pending cases. And after that [Jan. 21 meeting] we gave it a full month, and not once did anybody say, 'This list that you're voting on, be aware that there are some cases pending.'”

Read more at the Thoroughbred Daily News.

The post CHRB Again Under Fire For Transparency; Gonzales Frustrated By Handling Of CBD Case appeared first on Horse Racing News | Paulick Report.

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“On that list of drugs that were to be reclassified was CBD, the drug that was detected in [the McAnally-trained Roses and Candy],” Gonzales said during Wednesday's CHRB meeting. “Why did it take so long to come up with the complaint that the stewards are going to be hearing? I'm pretty confident that when that list was compiled that both [CHRB executive director Scott Chaney] and [CHRB equine medical director Rick Arthur, DVM] knew that there was a positive test…

“Given what we know, I believe the board would have handled this if we had the power to do [so],” Gonzales continued. “But what does not sit right with me is that the board was not given a proper heads up that as we went about approving a list of medications… that there very well could be some pending cases. And after that [Jan. 21 meeting] we gave it a full month, and not once did anybody say, 'This list that you're voting on, be aware that there are some cases pending.'”

The May 19 assertions by Gonzales represent the latest salvo in a barrage of disclosure woes and internal conflicts that have encumbered the CHRB over the last three years and resulted in a significant turnover of commissioners and staff that at times has left the new version of the agency polarized.

At the root of the thorny nest of transparency barbs is the way the former makeup of the CHRB handled scopolamine findings in 2018. After 2 1/2 years of closed-session decision-making and a complicated court battle to publicly reopen the case over whether to disqualify Triple Crown winner Justify from the 2018 GI Santa Anita Derby, the case later hinged on whether scopolamine was a Class 3 or Class 4 substance at the time of Justify's positive post-race test.

The CHRB generally follows the Association of Racing Commissioners International (ARCI) Uniform Classification Guidelines for Foreign Substances and Recommended Penalties when establishing rules for drugs. But since California's Office of Administrative Law (OAL) doesn't allow the CHRB to change rules by automatically referencing another authority's code, the racing agency has to go through a drawn-out, sometimes years-long process to make even minute changes to drug classifications

This was the case for scopolamine in 2018 (which was in the process of being downgraded from Class 3 to the less-severe Class 4 but was not yet officially the rule when it was found in Justify) and for CBD last November (which was unclassified at the time of the Roses and Candy positive but was voted to be switched to Class 3 by the CHRB in February).

Complicating matters further with CBD is the fact that any unclassified positives in California by default are treated as Class 1, Penalty Category A violations, the most severe level of infraction that triggers the toughest penalties.

This means that the allegedly in-limbo nature of CBD's 1A or 3B distinction (as the CHRB awaits OAL approval of its latest list of classifications) makes the issue ripe for future litigation if McAnally's case ever gets pushed to court.

On May 18, CHRB spokesperson Mike Marten told TDN that the agency's staff will recommend to the stewards that they treat the positive as a lower 3B violation. One day later, at Wednesday's meeting, Gonzales told fellow commissioners he has concerns about CHRB staff making a recommendation like that to stewards prior to the hearing of a case–both in terms of the content and delivery of the recommendation.

“Part of what's gotten this board in some real challenging circumstances is when we arbitrarily try to move or shift a drug [classification] before a rule is completed,” Gonzales said. “I also want to make sure that the stewards know, as I read in the reports, that the CHRB staff is going to be making a recommendation. Well let me be just very clear, and I hope all stewards who are listening to this know that you do a good job. And we expect for you to act fairly and independently. I was not aware that CHRB staff weighs in on stewards' decisions. That was actually a surprise to me.”

When asked directly by Gonzales to explain why McAnally's CBD investigation wasn't disclosed to commissioners as they prepared to vote on the new schedule of drug classifications, Chaney answered by speaking to the time frame while Arthur chose to address the classification part of it.

Chaney–who preceded his remarks by saying that he couldn't talk about specifics on McAnally's case because the hearing is pending–explained that, “I know in this particular case a split sample was requested, and obviously that takes a few weeks. And then the investigative team does their investigation, and once that's complete we, you know, we file the complaint. That's typically the time between race day and filing the complaint…

“When the sample came back, as is always the case in my duty under [state] code, I informed the entire board, the commission, of the positive test. That is still true even today, although…the law has [recently] changed, in terms of confidentiality. So with respect to any test that occurred before Jan. 1, those are confidential unless and until we file a complaint… We now report positive tests either after 72 hours has elapsed from informing the trainer, or after the split sample comes back.”

Arthur kept his remarks brief. “Let me just get right to the heart of the issue,” he said. “Cannabidiol, which was not classified under the current standard of regulation, was proposed to be a 3B in August of 2020, three or four months before this violation.”

Arthur also said that a 3B classification is what the Racing Medication and Testing Consortium recommends, but he noted that the ARCI eventually settled on a different 2B recommendation as it retooled its recommendations. He added that with specific respect to California, the distinction between a Class 2 or 3 is not a hugely significant because any Class 3 or more severe positive results in a disqualification; the trainer's penalty is what gets derived based on the Category B designation.

But here's where another confusing twist in the case comes into play, and it involves what appears to be personal sniping among board members and CHRB staffers: When CBD's 3B classification–and an entire slate of other seemingly non-controversial reclassifications–finally came up for a vote at the Jan. 21, 2021, CHRB meeting, it was Gonzales himself who orchestrated a delay on that vote by one month.

Gonzales, at that Jan. 21 meeting, said the CHRB should not try to “ramrod” new rules through at a time when the Horseracing Integrity and Safety Authority is being formed to set its own regulatory framework. Gonzales's against-the-grain stance–some would call it petty–went against the recommendations of Arthur, Chaney, and CHRB chair Gregory Ferraro, DVM. To underscore the personal rifts, during that sometimes abrasive tele-meeting, Arthur could be heard muttering in the background that that Gonzales's point of view was “crap.”

The next month, when the CHRB did end up passing the drug classifications by a 6-0 vote, Gonzales was absent from the meeting.

On Wednesday, Gonzales asked chairman Ferraro to weigh in on his concerns about how the staff has handled the CBD classification and McAnally's positive for it.

“Regarding whether we as a commission were informed of pending positives prior to the change in regulations, I don't know if that's because we weren't informed, to be honest with you, or whether I wasn't paying enough attention to remember it,” Ferraro said. “So I hate to accuse or comment on that because it very well could have been presented to us and I simply don't have a recollection. But I do support your concerns regarding our transparency, and the fact that we need to strictly follow procedures.”

Gonzales summed up: “I also just want to make sure that under no circumstances are the stewards or staff to arbitrarily reclassify a drug of any kind unless it has gone through the full rulemaking process.

“More importantly, I want to say one thing,” Gonzales added. “Trainer Ron McAnally is one of the upmost citizens and outstanding horsemen that we will ever see. [In] my time as a backstretch worker, people lined up to work for his barn because he treated backstretch workers incredibly well. So I want to just make that known that this is not about Mr. McAnally. This is more about how CHRB management handled the situation.”

The post New CHRB Transparency Issues Arise in McAnally CBD Investigation appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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McAnally was notified of a positive test for the Class 1 drug 7-Carboxy-Cannabidiol in Roses and Candy, winner of the third race at Del Mar on Nov. 22, 2020. A split sample confirmed the presence of the substance.

Better known as CBD, Cannabidiol is found in a number of equine products, including tincture oil, pellets, liniment spray and poultices. While it is believed to work as an anti-inflammatory there is limited research on the possible benefits of CBD in horses and its use remains controversial. Because it is not included in the CHRB's classification list of drugs, it becomes a Class 1/Penalty Class A by default, according to CHRB spokesman Mike Marten.  The Association of Racing Commissioners International lists Cannabidiol as a Class 2/Penalty Category B substance.

Marten said a proposed rule change to make Cannabidiol a Class 3/Penalty Category B drug is currently out for public comment and CHRB executive director Scott Chaney and investigators will recommend that stewards treat the alleged infraction as a Class 3 violation. It would still result in the disqualification of the horse, Marten added.

McAnally has not been sanctioned for any medication violations in California since 1998, Marten said. According to www.thoroughbredrulings.com, McAnally received a warning for a positive test for the Class D drug Cimetidine in Kentucky in 2009.

The CHRB filed a complaint against Mandella on May 7 after Jolie Olimpica – third in the Grade 3 San Simeon Stakes on March 13, 2021 – was found in a post-race sample to have 6.1 ng/ml of the Class 4/Penalty Category C drug methocarbamol – a muscle relaxant.  A split sample confirmed the presence of the drug.

Mandella was fined $500 in January 2018 after two anti-inflammatories were found in a post-race sample – his most recent violation. He was also fined $500 for a methocarbamol positive in 2011.

Stewards hearings will be scheduled for both trainers.

The post CHRB Files Medication Complaints Against Hall Of Famers McAnally, Mandella appeared first on Horse Racing News | Paulick Report.

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The petition also raises bias and conflict of interest concerns within the CHRB, contending that these issues have compromised the board’s ability to exercise its oversight authority in an impartial manner.

In June of last year, The Stronach Group (TSG) banned Hollendorfer–one of California’s most prolific trainers–from Santa Anita after four of his horses were catastrophically injured between the end of 2018 and the first half of 2019, when the facility experienced a well-publicized spike in equine fatalities. The trainer remains barred from all TSG facilities in California, including Golden Gate Fields.

Last summer, Del Mar management similarly attempted to bar Hollendorfer from their facility—an action that Hollendorfer subsequently overturned in court. Del Mar president, Josh Rubinstein, said that Hollendorfer requested and was granted 25 stalls this summer at Del Mar.

In an email, Drew Couto, Hollendorfer’s attorney, wrote that the CHRB has failed to exercise its statutory and legal obligations towards Hollendorfer in a “timely or impartial fashion,” and as such, “Jerry’s career has been damaged beyond comprehension, despite his being a licensee in good standing at all times. The CHRB has left Jerry languishing in uncertainty in California for over a year. That’s simply inexcusable.”

Couto added that it appears the CHRB “implicitly condoned” actions taken by the racetracks whereby they intentionally “shifted the narrative” from safety issues “inherent to dirt racing surfaces and poor track management” onto Hollendorfer.

The CHRB’s actions “deprived Hollendorfer of his occupational rights as a licensee, without any of the protections and processes afforded licensees under the law” Couto added, describing the CHRB’s legal obligations as “some of the most important duties and responsibilities of a state regulatory body and licensing agency.”

When asked for a response to the petition, CHRB spokesperson Mike Marten wrote that the board does not comment on pending litigation.

The petition argues that those California tracks that have barred Hollendorfer from training and racing on their premises have used him as a “scapegoat” in response to much broader horse welfare problems, and took these actions in breach of the race meet agreements signed between the trainers and the racing associations.

Because the CHRB is charged with “implementing and enforcing the law equally within its statutory authority and jurisdiction,” it has failed to afford Hollendorfer his rights as a licensed trainer, the petition contends.

“Petitioner seeks judicial relief because, despite his possession of a valid license and subsequent denial of occupational rights and privileges, and substantial economic interests, the CHRB has wrongfully refused to act in conformity with the law, and has thus further deprived Petitioner of his vested fundamental rights–the ability to pursue his licensed occupation and livelihood–without due process and/or equal protection under the law,” the petition states.

Perhaps most damningly, the petition lays out an argument that the CHRB has “abused its discretion and abrogated its duties,” including suppressing evidence and information, covering-up its own involvement in “exclusionary actions,” and denying the existence of possible conflicts of interests among board members.

The petition states that at the end of August last year, Hollendorfer’s legal representative told the CHRB’s chief investigator of concerns that the board was unable to adjudicate on Hollendorfer’s complaints, related to his exclusion, as a result of a “pattern of concealed acts and conduct, the appearance of impropriety, and actual and potential conflicts of interest on the part of several CHRB board members.”

One of the examples given in the petition includes the much-publicized co-ownership of the Richard Mandella-trained Fravel between former board members Chuck Winner and Madeline Auerbach, Tim Ritvo, former TSG CEO, and Stacie Clark, wife of Mike Rogers, president of the TSG’s racing division.

As a result of that discussion, the petition claims, “Petitioner’s counsel understood Respondent’s Chief Investigator to have confirmed that the CHRB was suspending its investigation into Hollendorfer’s complaints.”

Also detailed is an email that Rubinstein sent to Winner, Auerbach, former CHRB executive director Rick Baedeker, and the board’s legal counsel in light of the San Diego Superior Court’s tentative ruling last year allowing Hollendorfer to train and race at the facility during the summer meet.

In the email, Rubinstein argues that the track’s attorney “may be able to sway the judge in person tomorrow,” but also lays out alternate contingency plans in the event Hollendorfer is successful, including rough ideas as to an official track statement.

The petition contends that the email “reflects a preliminary, additional and continuing level of coordination between Respondent and the Racing Associations, and confirms both Respondent’s willingness to abrogate its licensing duties and responsibilities to those private entities, and to act with bias toward Petitioner.”

Rubinstein failed to respond to a request for comment before deadline.

The petition–which calls for the CHRB to conduct a hearing on Hollendorfer’s track bans before “impartial neutral hearing officers”–is the latest in a long series of legal actions that Hollendorfer has taken over the past year as he seeks a professional return to the California racing circuit as a whole, along with redress for the economic toll that events of the past 12 months have had on his career.

At the end of April, Hollendorfer filed a first amended complaint against the Santa Anita-based Los Angeles Turf Club (LATC) in the Los Angeles County Superior Court.

The trainer currently has a string at Monmouth Park, and throughout the past year, has never been barred from the Long Beach-located Los Alamitos racetrack, in Southern California.

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