HIWU Rules Will Make Positives Known Sooner

Following the reimplementation of the Horseracing Integrity and Safety Authority (HISA)'s Anti-Doping and Medication Control (ADMC) Program on May 22, it is unlikely that the public would not know about a positive test such as the one that Forte (Violence) allegedly had in the GI Hopeful S. for over eight months. That is according to a press release Wednesday outlining the Horseracing Integrity & Welfare Unit's (HIWU) rules concerning the publication of violation information.

In a story published in the New York Times Tuesday night, Joe Drape reported that Forte had tested positive after the Hopeful S., but no information on the positive result nor the medication involved has yet been made public.

After May 22, according to HIWU, that will no longer be the case.

In the case of an overage of a permitted substance, the violation will be published on the HIWU site when the party in question waves their right to a B sample, when a positive B sample is requested by the party in question and returned, or following the admission of a violation, whichever is earliest.

While the details of the Forte Hopeful S. test are not known, the B sample is typically sent for testing when the A sample returns positive, in this case, back in September.

The rule reads that public reporting will occur at the earliest of these situations:

  1. After the imposition of a Provisional Suspension (if applicable).
  2. In cases where there is an Adverse Analytical Finding (“AAF”), i.e., a positive test, after the B sample confirms the AAF or the Covered Person waives the testing of the B sample, assuming no Provisional Suspension has been imposed.
  3. In non-AAF cases, after the service of the Charge Letter, if no Provisional Suspension has been imposed.
  4. Following the admission of a violation by the Covered Person, if the alleged violation has not already been publicly reported pursuant to a., b., or c.

The press release also indicates that the public would be made aware of the substance responsible for the finding.

In the case of all medication violations, the public disclosure will include the following information after the resolution of violations.

  1. The name of the Covered Person who committed the violation(s) and any Covered Horse(s) implicated by the violation;
  2. The rule(s) violated;
  3. The Prohibited Substance(s) or Prohibited Method(s) involved, if any;
  4. The consequences imposed;
  5. Any final decision or a summary thereof; and
  6. Any review rights available in respect of the decision.

HIWU is not required to publicly report a matter if it would risk compromising an ongoing investigation or proceeding.

All information listed above will be posted on HIWU's website and available for viewing at any time.

The complete rules are posted on HIWU's website, here: https://www.hiwu.org/

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NY Times: Forte Failed Drug Test After Hopeful

The New York Times is reporting that Forte (Violence), the Kentucky Derby favorite who was scratched on the morning of the race with a bruised right front hoof, failed a drug test after his win in last September's Hopeful Stakes at Saratoga.

Forte won the Hopeful by three lengths over a muddy track at odds of 6-1.

In a story published Tuesday just after 7 p.m., the Times writes, “Shortly after leaving the winner's circle, however, Forte was given a post-race drug test, which he failed but has yet to be adjudicated before New York regulators, according to two people who are familiar with the matter but are not authorized to speak about it. The positive test was for a substance used to relieve pain and reduce inflammation, according to those two people.”

The Times story does not say what that substance was.

The story, written by Joe Drape, quotes an unnamed spokesperson from the New York Gaming Commission as saying, “This matter likely would have been adjudicated months ago but for the repeated procedural delays sought by the trainer's counsel.”

The trainer's counsel, according to Drape, is lawyer Karen Murphy, who did not issue a comment to The Times.

The story says that, “After several delays, New York racing officials are scheduled on Wednesday to hear from Forte's trainer, the Hall of Famer Todd Pletcher, about the failed drug test from September, according to the two people.”

A spokesman for the New York Gaming Commission confirmed the accuracy of Drape's story. “We see no inaccuracies in the story as published,” said Brad Maione, Director of Communications of the NYSGC, in response to a request for comment from the TDN.

Texts and phone calls to owner Mike Repole, trainer Todd Pletcher, and Murphy were not immediately returned.

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KHRC: Forte on Mandatory 14-Day Vet’s List

A statement from the Kentucky Horse Racing Commission released Monday afternoon indicated that Forte (Violence) will not be eligible to run the Preakness Stakes, despite his owners' stated intention earlier in the day to do so.

The release, which was distributed Monday just before 4 p.m, reads:

“The Kentucky Horse Racing Commission has the following update on Forte:

Forte was scratched from the Kentucky Derby by KHRC veterinarians following Saturday's routine soundness checks. As is the case with all KHRC veterinary scratches related to soundness, and pursuant to HISA Rule 2241(a), this places Forte on a mandatory 14-day veterinary list. After 14 days, the requirements for removal from the list include a satisfactory workout performed for a state regulatory veterinarian and a negative blood sample result.”

Earlier in the day, trainer Todd Pletcher had indicated that Forte would work later this week and, all being well, would head to the Preakness. After watching the colt gallop at Churchill Downs Monday morning, Pletcher said:

“He looked very good. He galloped a mile and three-eighths very comfortably. Seemed happy like he normally is. He'll work probably Friday or Saturday.”

Asked if there was any sign left of the bruise that caused his scratch, Pletcher said, “No, I think that's completely subsided now. Right now, I'd say we're looking good to breeze for the Preakness. If we're happy with that, that's what we're thinking.”

HISA Rule 2241(a) reads:

Duration of Stay on the Veterinarians' List: Horses placed on the Veterinarians' List in accordance with Rule 2240 shall remain on the Veterinarians' List as follows: (a) Horses placed on the
Veterinarians' List for unsoundness or Epistaxis shall remain on the list for 14 days.

Rule 2240 governs horses that are placed on the vets' list, and reads:

2240. Veterinarians' List (a) A Veterinarians' List shall be maintained by the Authority of all Horses that are determined to be ineligible to compete in a Covered Horserace in any jurisdiction until
released by a Regulatory Veterinarian. (b) The following Horses shall be placed on the Veterinarians' List until removed in accordance with Rules 2241 and 2242:(1) Horses affected by illness, physical distress, medical compromise, unsoundness, injury, infirmity, heat exhaustion, positive test or overage, administration of a medication invoking a mandatory stand down time, administration of Shock Wave Therapy, positive Out-of-Competition test or any other assessment or determination by Regulatory Veterinarians that such Horse is unfit to race.

The TDN contacted the KHRC's Public Protection Cabinet, who distributed the release, for clarification, but the call had not been returned as of the filing of this story.

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Tuesday’s Kentucky Derby Report: Trio of Breezers Bring the Morning ‘Thunder’

LOUISVILLE, Ky. — A trio of GI Kentucky Derby workers enjoyed the spotlight during training hours on a brisk Tuesday morning beneath the Twin Spires.

Derma Sotogake (Jpn) (Mind Your Biscuits) was hard held beneath Masatoshi Segawa and ready to do much more as he hit the top of the stretch. He finished up strongly once let loose down the lane and completed his four-furlong breeze in :49.60 (13/20). The G2 UAE Derby winner will be ridden in the Kentucky Derby by Christophe Lemaire.

His countrymate Mandarin Hero (Jpn) (Shanghai Bobby), a fantastic second beaten just a nose in the GI Runhappy Santa Anita Derby in his U.S. debut and currently on the outside looking in on the Kentucky Derby also-eligible list, worked five furlongs in a leisurely 1:05.60 (15/15). He will target the second leg of the Triple Crown if unable to secure a spot in the Derby.

The blinkered Sun Thunder (Into Mischief) also breezed during the 15-minute training window reserved for Kentucky Derby and Oaks horses as temperatures hovered in the mid-40s just after 7:30 a.m. The GI Blue Grass S. fourth-place finisher worked a “maintenance half-mile” beneath jockey Brian Hernandez, Jr. in :47.80 (3/20). Trainer Ken McPeek's best result from eight previous Kentucky Derby starters was a second-place finish with Tejano Run in 1995.

As for Tuesday's Derby gallopers, a pair of grays made their presence felt on the sunsplashed backstretch.

'TDN Rising Star' and $1.3-million KEEESEP yearling purchase Tapit Trice (Tapit) immediately caught the eye as trainer Todd Pletcher watched his three Derby runners train near the chute.

Hit Show (Candy Ride {Arg}) also made a very favorable impression for trainer Brad Cox galloping powerfully with his neck arched.

The Pletcher barn was the place to be afterwards as champion 2-year-old colt and 'Rising Star' Forte (Violence), the unbeaten Kingsbarns (Uncle Mo) and the aforementioned Tapit Trice got cleaned up following their routine 1 3/8-mile gallops.

Forte co-owner Mike Repole, sporting an Uncle Mo jacket, of course, was among a very large group of admirers lined up to get a closer look at the Kentucky Derby morning-line favorite as training hours began to wind down.

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