Reeves Responds to Gaming Commission’s Appeals Dismissal

Dean Reeves, the owner of recently disqualified Brick Ambush (Laoban), issued a statement Tuesday, following the Gaming Commission's decision to not allow appeals relating to last Saturday's Great White Way S. at Aqueduct. The statement read:

“After receipt of the letter from the NY Gaming commission and further discussion with our attorney Drew Mollica, our trainer Danny Gargan, Patti and I have decided to not to pursue any further action regarding the disqualification of Brick Ambush in the 9th race at Aqueduct on Dec. 16th, 2023.

We maintain our belief that Brick Ambush caused no interference in the race, however, we recognize that all owners who enter a race must adhere to the rules of racing in the State of New York, However it is our hope that by shining light on this unfortunate disqualification we, in someway, help to improve our industry moving forward for the betterment of all of us who love this sport, not only owners, trainers, and jockeys, but those who wager as well.

Patti and I have enjoyed racing in New York, and we value our relationship with everyone at NYRA.

We would like to thank the racing community for all their support and encouragement as a result of this disqualification.”

The post Reeves Responds to Gaming Commission’s Appeals Dismissal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Pletcher, Repole Lose Another Round in Fight to Overturn Hopeful DQ

Members of the New York Gaming Commission voted unanimously Tuesday to uphold a recommendation from a hearing officer that Forte (Violence) be disqualified from his victory in the 2022 GI Hopeful S. In the Hopeful, Forte tested positive for the prohibited substance meloxicam, a nonsteroidal anti-inflammatory medication.

The case has moved slowly since the Sept. 2022 race. It took a eight months for the New York Gaming Commission to make the finding public and when it did the stewards disqualified Forte, fined Pletcher $1,000 and suspended him for ten days. Pletcher and owners Mike Repole and Vinnie Viola appealed the stewards' ruling, which meant the matter was sent to a hearing officer, Clark Petschek. The session with the hearing officer was held in July and Petschek issued his report on Sept. 30. Petschek upheld the original findings of the stewards, the fine, the suspension and the disqualification.

It is within the commission's right to reject the hearing officer's recommendations but, instead, it voted unanimously to uphold them.

It was noted that the owners of Hopeful runner-up, Bill and Corrine Heiligbrodt, appeared at the hearing to support the decision to disqualify Forte.

“They could have made the decision the day after the hearing,” Repole said. “I guess they must have done a lot of extensive work the last six, seven months. Instead, they took six months to state the obvious. We knew what was going to happen. We got just what we expected. They did what they thought they needed to do. We knew there was a zero percent chance this was going to get overturned.”

It's unlikely that Tuesday's ruling by the New York Gaming Commission will be the last word on the Forte matter. The Forte team can now take their case to the courts and will like file an appeal within the New York court system. Repole has vowed to spend whatever it takes to get the Hopeful decision overturned.

“We plan on taking this further and we knew we were going to get to this point,” he said. “Under HISA rules, this isn't even a violation. We are super confident that common sense will prevail and people will realize we put in this governing body in HISA to make sure people are ethical and play by the rules of the sport. Any real process that follows common sense will easily see it the same way and we will prevail.”

The post Pletcher, Repole Lose Another Round in Fight to Overturn Hopeful DQ appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The Week in Review: After a Nightmare, Ray Handal Returns to the Winner’s Circle

It was just a claiming race, but when Ray Handal was standing in the Saratoga winner's circle Friday after a win by his Thinkaboutit (Upstart) in the day's eighth race, he was overcome with emotion. It was a victory he will never forget, understandable considering what he had just been put through.

“A short time before that, I didn't know if I'd ever be in the winner's circle again,” the 34-year-old trainer said. “To come back and win with a horse who we didn't have much in the way of expectations for and win in that kind of fashion, especially in Saratoga, was a special win. I felt like I had won a graded stakes race.”

In the moment, everything seemed normal again. His barn was full, he had just won a race in Saratoga and his reputation as one of the best young trainers on the NYRA circuit was in tact. But there was nothing normal about the first five days of July when Handal was issued a provisional suspension issued by the Horseracing Integrity Unit (HIWU), which meant he faced what could have turned into a career-crippling permanent suspension of up to two years.

“My world was ending,” he said.

Toward the end of training hours on June 30, he was approached at his barn by members of the HIWU team. He was told that a horse he trained named Barrage (War Dancer) had tested positive for a banned substance called Zeranol after finishing second in an optional-claiming allowance at Belmont May 28. Under HIWU rules, when a trainer has a positive test for anything on the banned substance list, they are suspended almost immediately, before a split sample can be reviewed and before the charged trainer is allowed to have a hearing. Handal's suspension began July 1.

He had been suspended and evicted from the grounds. He had to turn his horses over to someone else and faced having to spend two years on the sidelines. Under HIWU's policy of suspend now, ask questions later, it was unclear what could be done to overturn the suspension and how long that process might take. Handal feared the worst.

“It was horrible,” he said. “It felt like you just got a letter from the doctor saying you've got cancer and you've only got a few months to live. My heart dropped. I wasn't sad, upset or mad. I was in shock. I didn't know how to react.”

Handal was sure that he didn't do anything wrong. He had been training since 2014 and the worst thing on his record was a $500 fine issued by the Delaware Thoroughbred Racing Commission when a horse of his tested positive for Phenylbutazone and Flunixin. He said he didn't even know what Zeranol, which is synthetic nonsteroidal estrogen, approved for use to promote growth in livestock, including beef cattle, was.

“I have always played by the rules and I take pride in that. I care about my horses,” he said.

Handal turned to lawyer Clark Brewster, who, in racing circles, is best known for defending Bob Baffert through his many ordeals with Churchill Downs, NYRA and the Kentucky Horse Racing Commission. Brewster quickly came up with an explanation as to how the Zeranol got into the horse's system. After receiving a report from UC Davis, which tested the horse, Brewster saw that there was also a finding of Zearalenone, a common feed contaminant. He said that, therefore, mycotoxins in the feed had caused the positive. Handal, he argued, could not be blamed for having contaminated feed. HIWU agreed. On July 5, the provisional suspension was lifted.

Handal's nightmare was over. Thinkaboutit was his third starter and his first winner since the suspension was overturned.

The case may be over, but questions remain. Before HIWU took over the process of drug testing and issuing fines and suspensions after a positive has occurred, Handal's case would have been treated differently. This would have been handled by the New York Gaming Commission and it would have allowed Handal to have a hearing before a suspension could go into effect. Presumably, Brewster could have presented his findings at that hearing, the Gaming Commission would have accepted that the positive was the result of environmental contamination and Handal would not have been sanctioned and the original positive would not have been reported. He wouldn't have been put through four days of hell.

“They are shooting first and asking questions later and that needs to be addressed,” he said. “I don't know if specifically HISA and HIWU is trying to attack horsemen. But when this was planned out, it might have seemed ok on pen and paper, but, in action, it really doesn't work.”

He hopes that HIWU will reconsider the policy of issuing provisional suspension immediately after the finding of a banned substance comes in and before someone can have a hearing. HIWU showed that it can be flexible when it announced last week that there will be a lesser set of penalties going forward when a trainer violates rules regarding inter-articular injections.

“They have already revised some rules, so it doesn't seem like they are so close minded that they won't be open to making changes,” Handal said. “And they listened to our case. At the end of the day, they could have dragged it out, but they reacted quickly and swiftly and realized that it should have been handled as an atypical finding. They corrected themselves right away.”

Being a trainer in Saratoga can be challenging, especially if you're not named Chad Brown or Todd Pletcher. Handal won just four races at the meet last year, and, while his stable is improving every year, he's won just one graded stakes race. He's got that to worry about. But a two-year suspension that hung over his career when it appeared that he did nothing wrong, that is no longer an issue and he's winning races again. He will gladly take it.

Saratoga Handle Declines Sharply Over First Three Days

While it's far too early to panic, business at Saratoga was slow over the first three days of the meet. After the track broke records for total handle for the meet in 2022 and 2021, could Saratoga's numbers finally be evening out?

A total of $65,527,927 had been bet on the meet through Saturday. That's a decline of 21.3% from 2022 when $83,241,031 was wagered through the comparable period.

As far as the first two days of the meet go, there were extenuating circumstances. On opening day, NYRA had to speed up post times in order to get the card in before a storm struck. That could have been why handle was off 6.2%. On Friday, the races were washed off the turf, and handle was, understandably, dismal. They bet $13,366,687 on the card, a 45.2% decline from 2022.

The real concern is the numbers posted Saturday, when an 11-race card included three graded stakes and the races stayed on the turf. In what looks like an apples-to-apples comparison to 2022, the handle was $31,744,186. That's a 14.4% decline from 2022 when $37,068,005 was bet on the card.

And don't blame the Chad Brown factor in the GI Diana S. Brown had four of the five starters in this year's field, which some argued made it an unappetizing betting race. In 2022, Brown had four of the six starters.

The post The Week in Review: After a Nightmare, Ray Handal Returns to the Winner’s Circle appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Pletcher Hit With Suspension for Bute Positive

The New York Gaming Commission has suspended Hall of Fame trainer Todd Pletcher 14 days and fined him $2,000 after a horse he trained tested positive for the non-steroidal anti-inflammatory phenylbutazone during a 2022 race at Saratoga.

Via text message, Pletcher said he is appealing the penalty. He declined to comment further.

The Paulick Report was first with the story.

The horse in question, Capensis (Tapit), was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC. He has not run since winning the Sept. 6, 2022 GIII Virginia Derby. A gray colt, he sold for $2 million at the 2020 Keeneland September sale.

The ruling, which was posted to the Gaming Commission's website on Sunday , states that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).

Pletcher is also dealing with another suspension handed down by New York regulators. He was fined $1,000 and suspended 10 days after tests revealed that his trainee Forte (Violence) tested positive for Meloxicam following his win in the GI Hopeful S. last summer at Saratoga. Pletcher has appealed that suspension, as well.

In addition, Pletcher is facing two possible violations in Florida, where, according to Florida Gaming Control Commission Division of Pari-Mutuel Wagering records posted online, he had a Class IV and Class V drug positive in December. According to reports, the Pletcher-trained Mind Control (Stay Thirsty) tested positive following the Sept. 24 Parx Dirt Mile, in which he was initially awarded the victory through disqualification. That case is also pending.

Asked why the New York case was just now coming to light, Brad Maione, the Director of Communications for the New York Gaming Commission said the following in an email to the TDN.

“By practice and procedure, when there is a possible rule infraction or violation, the Stewards set a time to meet, providing an affected party the informal opportunity address the matter. Following the meeting, the Stewards collectively evaluate potential rule infractions and, if appropriate, the State Steward will issue a ruling.

“Changes to the split-sample procedures have been instituted to reduce the ability of an affected party to game the system. Absent extraordinary circumstances, a trainer advised of a positive drug violation will now be afforded no more than two-weeks to identify and make arrangements for the split-sample to be tested…

Finally, you should be aware that the procedural processing of split-samples has remained constant since initiation. The Commission does not announce medication infractions until considered by the judges or stewards. As of Friday morning, there were three Thoroughbred and two Standardbred split-samples outstanding at a qualified, accredited independent laboratories. The Commission is awaiting return of their findings.”

The post Pletcher Hit With Suspension for Bute Positive appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights