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.”

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Weekly Rulings: July 11-17

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.

New York
Track: N/A
Date: 07/18/2022
Licensee: Juan Vazquez, trainer
Penalty: Suspension
Violation: Reciprocity of suspension for “grossly negligent, cruel and abusive” behavior.
Explainer: Trainer Juan Carlos Vazquez is prohibited from participating in any New York State horse racing activity as his suspension by the Pennsylvania Horse Racing Commission goes into effect today. During this time, Mr. Vazquez is suspended in New York and cannot enter horses to run at any New York track, including The New York Racing Association, Inc. (NYRA) tracks (Aqueduct Racetrack, Belmont Park, and Saratoga Race Course) or Finger Lakes Race Track. New York is one of 38 racing states that honors out-of-state suspensions issued by regulators. Reciprocity is addressed specifically in N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 910: “§ 910. Reciprocity of licenses. All license denials, suspensions and revocations imposed by the pertinent racing and gambling authorities of other jurisdictions, including states, United States territories, and Canadian provinces shall be recognized and enforced by the commission …”

Read more about the issue here.

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Temporary Injunction Allows Rice to Resume Training

A New York court has granted Linda Rice a temporary injunction that allows her to resume training while she pursues a legal appeal of the three-year license revocation and $50,000 fine for “improper and corrupt conduct” levied against her by the New York State Gaming Commission (NYSGC).

The ban went into effect Monday. Later on June 7, Rice's legal team filed a complaint in the Schenectady County Supreme Court alleging that the penalty is “unduly harsh.”

Daily Racing Form first reported the June 9 granting of the injunction. TDN could not reach Rice or her attorney for comment.

Rice had one entry scratched at Finger Lakes Monday because of the ban, but her lone starter Wednesday ran second at that track. She has 10 entrants over the next four days at her Belmont Park base.

Rice's court complaint seeks a declaratory judgment that would either annul or vacate her penalties for receiving race-entry information about rival horses from New York Racing Association employees while paying some racing office workers thousands of dollars in “gifts” between 2011 and 2015.

Culminating an investigation that stretched over five years, NYSGC members voted 5-0 on May 17, to agree with a hearing officer that Rice's years-long pattern of seeking and obtaining pre-entry information from NYRA racing office workers was “intentional, serious and extensive [and] inconsistent with and detrimental to the best interests of horse racing.”

Andrew Turro, Rice's lawyer, told the Form that “We are very happy about today's decision. The court's order restores Ms. Rice's ability to get back to racing and training immediately. We also look forward to challenging the commission's order in the court and ultimately vindicating Ms. Rice's rights.”

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