Tag: Milton Pineda

Weekly Stewards And Commissions Rulings: Mar. 5-14

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

Among this most recent set of rulings, by far the most portentous was the 15-year ban doled out to trainer Milton Pineda, who trained seven different horses that tested positive post-race for the banned substance, Diisopropylamine, between June 2 and July 4 last year. The seven horses started at Los Alamitos and Santa Anita. Pineda was also accused of program training during the period of his provisional suspension.

The Horseracing Integrity and Welfare Unit classifies Diisopropylamine as a vasodilator, which is a substance that dilates the blood vessels to allow blood to flow more freely through them. Diisopropylamine is also found in several everyday items like tobacco and beauty products, and hand sanitizer.

The arbitrator in Pineda's case fined the trainer $180,000 and ordered him to pay an additional $15,000 towards HIWU's share of the legal costs for the proceedings. A more detailed account of the case can be read here.

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

Resolution Date: 03/14/2024

Licensee: Milton Pineda, trainer

Penalty: 15-year-ban, $180,000 fine and $15,000 towards HIWU's share of the arbitration costs of the proceedings.

Explainer: Read more on the story here.

 

Resolution Date: 03/11/2024

Licensee: Dr. Donald J. McCrosky (currently unclear in what specific role McCrosky is a responsible party)

Penalty: 30-day period of Ineligibility, beginning on March 12, 2024; a fine of $2,500. Admission.

Explainer: For the possible breach of Rule 3510(a)—Disruptive or Offensive Conduct that does not rise to Tampering. The ruling involves the horse Madelyn Attack, who McCrosky bred. HIWU has not yet publicly posted a more detailed explainer of the ruling.

 

Resolution Date: 03/11/2024

Licensee: Carlos Morales, 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, Moose Wilson. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Resolution Date: 03/11/2024

Licensee: Patrick Biancone, 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, Infinite Diamond. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Resolution Date: 03/08/2024

Licensee: Juan Guerrero, 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.

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Crypt, who won at Parx Racing on 11/13/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Resolution Date: 03/08/2024

Licensee: Frank Santillana, 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 Flunixin—Controlled Medication (Class C)—in a sample taken from Mi Gusto Es, who finished tenth at Tampa Bay on 1/26/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Resolution Date: 03/08/2024

Licensee: Peter Walder, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission. Final decision by the internal adjudication panel.

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 was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Resolution Date: 03/07/2024

Licensee: George Arnold II, trainer

Penalty: 7-day period of Ineligibility for Covered Person, beginning on March 8, 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 2 Penalty Points. Admission.

Explainer: For the presence of Tramadol—Controlled Medication (Class B)—in a sample taken from Figgy, who won at Turfway Park on 12/27/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

More on the story here.

Pending ADMC Violations

Resolution Date: 02/14/2024

Licensee: Efren Loza Jr., trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Clenbuterol—a banned substance—in a sample taken from Mexicoffee, who finished second at Gulfstream Park on 2/14/24. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 02/06/2024

Licensee: Robert Fiesman, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Zipsy Rose Lee, who finished second at Mahoning Valley on 2/6/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 02/11/2024

Licensee: Gary House, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Callas, who won at Tampa Bay on 2/11/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 01/25/2024

Licensee: Alejandro Gomez, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Tamanrassett on 1/25/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 02/24/2024

Licensee: Jose Jimenez, trainer

Penalty: Pending

Alleged violation: Pre-workout joint 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, Just Katherine. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Date: 02/12/2024

Licensee: John Shirreffs, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Sully on 2/12/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 01/30/2024

Licensee: Curt Ferguson, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Cidstayinurlane, who won at Turf Paradise on 01/30/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 02/21/2024

Licensee: Brandon Kulp, 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 Seeking the Dream, who finished third at Penn National on 2/21/2024. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

 

Date: 02/19/2024

Licensee: Monte Gelrod, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts—a banned substance—in a sample taken from Ratified, who won at Parx Racing on 2/19/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

More on the story here.

 

Date: 02/03/2024

Licensee: Leon Minott, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Slender Slipper on 2/3/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

HIWU had previously listed trainer Howard Love as the responsible party in this case.

 

Date: 01/06/2024

Licensee: Derek Ryan, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Charging Aero, who finished second at Tampa Bay on 01/06/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 12/29/2023

Licensee: Sergio Morfin, trainer

Penalty: Provisionally suspended

Alleged Violation: Medication violation

Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Wishtheyallcouldbe, who finished second at Santa Anita on 12/29/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Violations of Crop Rule

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

Aqueduct

Jose Gomez – violation date March 9; $250 fine and one-day suspension

 

Santa Anita

Diego Agustin Herrera – violation date March 8; $390 fine and one-day suspension, 7 strikes

Drayden James VanDyke – violation date March 9; $250 fine and one-day suspension, 7 strikes

 

Turfway Park

Juan Gabriel Lagunes – violation date March 6; $250 fine and one-day suspension

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: 03/08/2024

Licensee: Robert Henie, owner

Explainer: Owner Robert Henie having failed to respond to written notice to appear before the Board of Stewards at Santa Anita Park on or before March 7, 2024, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear) pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility). Suspension to commence on March 15, 2024.

New York

Track: Aqueduct

Date: 03/09/2024

Licensee: Jose Gomez, jockey

Explainer: For having waived his right to an appeal Jockey Mr. Jose (Antonio) Gomez is hereby suspended 3 NYRA racing days March 16th 2024, March 17th 2024, March 21st 2024 inclusive. This for careless riding during the running of the 3rd race at Aqueduct Racetrack on March 8th 2024.

The post Weekly Stewards And Commissions Rulings: Mar. 5-14 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Milton Pineda Banned 15 Years, Fined $195,000

Southern California-based trainer Milton Pineda has been banned for 15 years and ordered to pay a total of $195,000 in fines and legal fees after an arbitration panel found him guilty of seven rule violations under the Horseracing Integrity and Safety Unit (HIWU)'s Anti-Doping and Medication Control (AMDC) program, according to a final decision dated Mar. 12.

Between June 2 and July 4 last year, seven different Pineda-trainees tested positive for Diisopropylamine—a banned substance under the Horseracing Integrity and Safety Act (HISA)—after running at Santa Anita and Los Alamitos. During that period, the Pineda-trained Bella Renella (Clubhouse Ride) ran and won twice at Santa Anita.

The ruling followed a full in-person evidentiary hearing at the JAMS Resolution Center in Irvine, California, on Feb. 27, presided over by arbitrator Nancy Holtz.

“One of the arguments that I made but that I believe in is that the punishment should fit the violation or the crime. But in this case, there is no connection between the conduct or the alleged conduct of Mr. Pineda and the 15 years and the nearly $200,000 in fines,” said attorney Darrell Vienna, who represented Pineda.

“This is just another example of the overreach and the unfairness of HISA and HIWU,” said Vienna, adding that he was unsure whether Pineda would appeal the decision.

Holtz's ruling is by far the harshest penalty meted out since the federal ADMC program went into effect last May.

HIWU classifies Diisopropylamine (DIPA) as a vasodilator, which is a substance that dilates the blood vessels to allow blood to flow more freely through them. Diisopropylamine is also found in several everyday items like tobacco and beauty products, and hand sanitizer.

Indeed, according to the final ruling, Pineda argued that he had “never knowingly or intentionally administered DIPA to his horses,” and that the positive tests likely resulted from the use of certain feed supplements, or cross-contamination through the use of hand sanitizers by official testing barn personnel at Santa Anita Park or Los Alamitos.

Among other claims, Pineda argued that the chain of custody of certain samples “was not done in a way to preserve the integrity of the samples,” and that the testing conducted on one of Bella Renella's B-Samples “was not properly conducted” either, according to the final ruling.

Holtz dismissed these arguments.

“Mr. Pineda has failed to establish no fault or negligence or no significant fault or negligence,” the ruling states, arguing that Pineda failed to prove that the “source was contamination of feed supplements,” and that “there is unrefuted evidence that the hand sanitizer at the test barn of Santa Anita Park and Los Alamitos was not used” by the official personnel.

Holtz also found that Pineda's challenges to the proper chain of custody of the samples failed “at the first step, as he has not established any departure from the Laboratory Standards,” and that questions surrounding the validity of Bella Renella's B-Sample analysis is moot due to the positive findings of the other samples.

A maximum first anti-doping rules violation under HISA for a Diisopropylamine positive is two years. Holtz determined that the seven separate rules violations came to 14 years to be served consecutively.

On the back of his provisional suspension, Pineda transferred care of his horses to trainer Salvador Naranjo, who in turn hired Filberto Alvarado, a former employee and groom of Pineda.

Holtz's rulings finds Pineda guilty of “program training” in breach of his provisional suspension, for which HIWU sought an additional one year ban and $5,000 fine for aggravating circumstances.

“There is evidence that Mr. Pineda has flagrantly disregarded the ADMC Program by breaching his Provisional Suspension and prior Ineligibility, and also exhibited deceptive or obstructive conduct by refusing to allow HIWU investigators to search his phone,” the rulings states.

“Throughout his Provisional Suspension (September 15, 20, 22, 26 and October 19), Mr. Pineda was seen on multiple occasions attending at Los Alamitos watching his Covered Horses train and meeting with both Mr. Naranjo and Mr. Alvarado,” the ruling states.

According to the final ruling, Pineda admitted that he went to the track regularly, “but not to 'program train' (i.e. not to provide instructions to Mr. Naranjo or Alvarado on how to train his former horses), but rather only to pass the time.”

Aside from Bella Renella, the other six Pineda trainees who tested positive for Diisopropylamine were Flatterwithjewels, Big Splash, Chollima, Catbernay, Keep Your Coil and Wegonahaveagoodtime.

These trainees all won the respective races for which they subsequently tested positive, except Flatterwithjewels, who finished second at Santa Anita on June 9 last year.

Holtz fined Pineda $180,000 and ordered him to pay $15,000 towards HIWU's share of the arbitration costs of the proceedings. His 15-year suspension began Mar. 12.

Pineda has worked in the racing industry as a groom, exercise rider, pony rider, assistant trainer, and trainer for most of his life, the ruling states. According to Equibase, Pineda has been training since 2019, winning 49 races from 333 runners.

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