penalties | Horse Racing Free Tips

Weekly Stewards And Commissions Rulings: Mar. 5-14

News — Thu, 14 Mar 2024 18:36:24 +0000

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

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).

Pimentals, Overwhelmed by Support, Get Help to Proceed to HIWU Hearing

News — Wed, 25 Oct 2023 23:10:46 +0000

The ruled-off trainer John Pimental said Wednesday that he and his wife, Diana, have been “blown away” by the support and offers of assistance they have received in the five days since a TDN story highlighted the life-altering ramifications of John's signing an “admission of rule violations” and “acceptance of consequences” document to settle Horseracing Integrity and Welfare Unit (HIWU) allegations stemming from a methamphetamine positive in one of his Monmouth Park trainees.

While being served notice on July 28 of the meth positive, HIWU agents conducted a Monmouth barn and vehicle search of the Pimentals' property, which turned up Levothyroxine. That meant John was charged with two violations of “banned substances” under the Horseracing Integrity and Safety Act (HISA)'s Anti-Doping and Medication Control (ADMC) Program.

Under the terms of the “case resolution without hearing” that he initially agreed to, John faced a three-year period of ineligibility (18 months per violation) and a fine of $25,000 ($12,500 per violation).

In a series of interviews that led to last week's story, John, 68, and Diana, 65, had detailed to TDN the financial, logistical, and health-related hardships they have endured over the past three months as John attempted to find new work outside of the backstretch.

Working with racehorses has been the only way the couple has known how to make a living for the past 50 years, and John's record on the Association of Racing Commissioners International (ARCI) website shows only one previous published violation, a $100 fine from 2015 for not having a foal certificate on file.

The Pimentals also explained how it's been difficult to process the allegedly draconian penalizations that John said he accepted only because he didn't have the money to hire a lawyer to contest the HIWU charges.

The outpouring of support has included offers of financial assistance to fight their case; offers of pro-bono help from a trio of attorneys who specialize in defending horsemen, and offers to re-home the 5-year-old gelding Golovkin (Mshawish), the last remaining racehorse in their stable after eight others owned by a longstanding client got shipped to a different trainer at Delaware Park when John was first provisionally suspended.

The Pimentals told TDN Oct. 25 they are respectfully declining the offers of financial assistance.

But Golovkin vanned out of the Monmouth backstretch on Wednesday at noon, bound for a new home in Kentucky and a to-be-determined second career.

And the Pimentals also said they are considering the offers of free legal help, although at the moment they are content to allow Alan Foreman, an attorney who is the chairman and chief executive of the Thoroughbred Horsemen's Association (THA), to handle their defense.

Foreman recently agreed to work as an ombudsman on behalf of racing industry constituents needing a go-between to deal with HIWU and HISA, and he has thus far managed to get John's signed admission withdrawn so the case can proceed to a hearing.

“People were concerned. That was good to hear,” John said. “There were a bunch of people who offered financial assistance or to set up a GoFundMe for us, but we thanked them and said we don't need any of that.”

Added Diana, who has helped John run his stable and his gate-ponying business since the two were teenagers, “We've been overwhelmed by people calling to want to help us. My phone's practically exploded.”

Next steps

In the original TDN story about his penalization, John alleged that the 193 picograms-per-milliliter meth positive in Golovkin on May 29 was the result of environmental contamination. He also claimed the container of Levothyroxine found in his truck had been used solely on a 17-year-old pony nicknamed Richard, and not on any racehorses under his care.

Lisa Lazarus, the chief executive officer for the HISA Authority, wrote in a letter published in TDN Oct. 24 that “the article implied that HISA and HIWU are devoid of concern for regular horsemen, are looking to wipe out smaller training operations, and are ignorant to endemic drug use on the backstretch of many racetracks. None of those are true.”

At a different point in her letter, Lazarus pointed out that when drug-testing samples do come up positive, “everyone is treated exactly the same way.” She also wrote that there is “no longer any space for 'he's a good guy'” types of arguments that, under pre-HISA testing protocols, might have reduced penalties or even kept sanctions from being imposed in the first place.

“But the non-discriminatory aspect of the program is sometimes also the worst thing about it,” Lazarus wrote. “Because every positive test is attached to a person. And every person has a story. And some of those stories can be heartbreaking.”

On Wednesday, Lazarus confirmed via email that now that John's withdrawal of admission has been accepted, his notice of sanctions has also been withdrawn by HIWU, and that his provisional suspension has been re-imposed back to where it was before John signed the admission.

Lazarus added that, “If Mr. Pimental is able to work with Alan Foreman to collect information that helps his case, HIWU has the discretion to lift the Provisional Suspension. We will also give Mr. Pimental an opportunity to request and qualify for a Pro Bono lawyer.”

Lazarus said the matter has already been re-initiated before the arbitral body. She estimated “60 days from start to finish” as a ballpark timetable for how long it might take to resolve the matter.

Foreman briefed TDN on the next steps in the case, although he said he preferred to stick to a general synopsis so as not to give away elements of John's defense.

“They are back now to square one,” Foreman said. “I am gathering the facts as any attorney in my capacity would do, and I am putting together a presentation from Mr. Pimental to HIWU in an effort to resolve this case and get him restored to good standing.

“He's requested a hearing, and under the rules, that hearing would be scheduled on a rather expedited basis,” Foreman said. “So my goal is to get this resolved as quickly as possible. The ball is really in our court to provide the information to HIWU [to bring about] an opportunity for a negotiated resolution of the case [and to avoid] arbitration. Because arbitration is expensive, and I don't think it's necessary in this case.”

New home for 'Go-Go'

Golovkin had been claimed for $5,000 on the day he tested positive while finishing last. In the two-month interim that he raced twice for different connections, the gelding again ran last two more times.

The ruling against John voided that claim, so the Pimentals (who owned him) had to take Golovkin back. Given the gelding's recent record, and the fact that he had to sit out a mandated 60-day period of inactivity because of the meth positive, they were having trouble finding anyone at Monmouth who wanted to buy or adopt him.

That changed once the Pimentals' story came out.

“We got a lot of offers,” Diana said of the dark bay with the handsome, half-blazed face. “He's not going to race again. All we want for him is to be able to get out into a field and run and 'be like a horse' again. He'll make somebody else very happy. That's all we want, and it's what he deserves after what he's been through.”

Lauren Carlisle headed the team that included fellow bloodstock businesspeople Radhika Clark and Sarah Thompson, plus Dr. Megan Cassidy of Hagyard Equine Medical Institute, to reach out to the Pimentals about taking in Golovkin.

“I read the article and just felt terrible for the situation,” Carlisle said. “They were quoted as saying that the horse had nowhere to go. So we really wanted to fix that as quickly as possible. And a big shout-out to Brook Ledge [Horse Transportation], who is moving him at no charge–a very good deed on their part.

“For now he's going to Radhika's family's farm in Kentucky,” Carlisle continued. “And then Dr. Cassidy is going to do a full exam on him with X-rays, and make sure that everything is good for him to be training for a new career. We'll find him a permanent home after we do all that. So this is basically a kind of landing spot him until we can figure it out.”

Golovkin, who shares a hard-to-pronounce name with the champion boxer Gennadiy Golovkin, already has a new nickname: “We've been calling him 'Go-Go' in our group chat,” Carlisle said.

Richard the pony also will be getting a new home–at least temporarily.

Diana told TDN that the pony, who teamed with John both in escorting horses to the gate and in John's former stints as an outrider, was initially slated to be sold. But trainer Gerald Bennett has agreed to instead take in Richard at Tampa Bay Downs this winter, with the understanding that if John wants him back at some point, he's welcome to have him.

“If things work out with John, maybe he can come back [to Monmouth next season] and outride,” Diana explained. “That's what we're hoping. If things turn around, we really would like to have a good pony that knows his job.”

The Pimentals are on their way to Tampa soon, too. Diana has a job in the racing office there for the upcoming meet, and her doctor has just cleared her to travel after needing to first make sure new medication is working to control the high blood pressure that Diana said she developed during this ordeal.

The couple underscored that they wanted to express gratitude toward everyone who has offered help or had a kind word about their situation.

“There's so many great people out there. You don't even know it until something like this happens to you,” Diana said.

The post Pimentals, Overwhelmed by Support, Get Help to Proceed to HIWU Hearing appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Pimentals, Overwhelmed by Support, Get Help to Proceed to HIWU Hearing first appeared on Horse Racing Free Tips.

HIWU Descends Upon a Shedrow, Upending Life For a Mom-and Pop Stable

News — Fri, 20 Oct 2023 22:33:13 +0000

Trainer John Pimental was mired in a 1-for-46 streak on the morning of July 28, 2023. But the 68-year-old horsemen knew he didn't have life as bad as those numbers suggested.

He was taking care of eight Thoroughbreds for a good, longtime client. He enjoyed escorting runners to the Monmouth Park starting gate with his 17-year-old pony, hustling as much business as he could on race days when his own horses weren't in, the way he had always earned a living as a second-generation racetracker who grew up on a Massachusetts horse farm.

His wife Diana, 65, was back under the shedrow helping run the stable after having recently spent eight days in the hospital because of Lyme disease, and the two were thankful they had carved out a nice little circuit for themselves after their home track of Suffolk Downs went belly-up in 2019. They now spent summers on the Jersey Shore while wintering at Tampa Bay Downs, in between making time to dote on their five grandchildren and one great-grandchild.

John's training record predates the 1976 advent of the Equibase database, so his lifetime totals exceed the published 250 winners from 2,964 starters. But beyond statistics, if you get him to talk–John is a man of few words who is more comfortable letting the more gregarious Diana speak for the two of them–he might grudgingly admit how proud he is about his reputation for keeping older horses sound.

Or how he has long been respected for his horsebacking skills, and has routinely been called upon to fill in as an outrider.

Or how the only Association of Racing Commissioners International violation on his record in nearly a half-century of training was a $100 fine for once not having a foal certificate on file.

But that clean record–and any semblance of normalcy for the Pimentals–shattered on that sultry summer Friday on the Monmouth backstretch.

That's when agents for the Horseracing Integrity and Welfare Unit (HIWU) descended upon John's stable and upended his world: one of his horses had tested positive for 193 picograms per milliliter of methamphetamine, a street drug of abuse that is classified as a “banned” substance in racing, meaning it is never supposed to be found in any horse.

“July 28 is when our whole life changed,” Diana recalled in an interview this week. “Three men from HIWU came in, looked at John, and said, 'You're suspended. Take your [stable] sign down.'”

John's stunned reply was to ask the strangers under his shedrow if this was a joke.

“It was crazy. They told me they were former FBI agents, and they were really firm about everything,” John said.

As Diana, a former racing office worker and jockey agent who has also spent her entire life on the backstretch, recalled it, “The HIWU guy came right into the barn and said, 'This isn't going to be nice.' Those were exactly his words.”

The gelding who had tested positive was Golovkin (Mshawish), who had run sixth and last in a May 29 Monmouth sprint. The 5-year-old had been the only horse in the barn owned outright by John, but Golovkin had been claimed away that day for $5,000 and hadn't been in the stable for two months.

HIWU, which operates the Horseracing Integrity and Safety Act (HISA)'s Anti-Doping and Medication Control Program, had just begun testing the nation's Thoroughbreds the week before Golovkin's race. Although John didn't know exactly what type of penalty he'd be facing, he knew it could be career-threatening.

Then trouble escalated to a higher level.

“They searched our rooms, and then said that they had to search the truck,” Diana said. “When they searched the truck, we had an old container of thyroid [medicine]. We had put it in the truck and totally forgot about it. I was shocked when he pulled it out.

“When he said, 'What is it?' I wasn't going to lie. I couldn't do it. I couldn't lie,” Diana said. “I told him it was [Levothyroxine]. I knew we weren't supposed to use it on racehorses, but I didn't know at the time it was a banned substance that you couldn't even have in your possession. We had used it for the pony.”

John soon learned his HIWU fate: He was looking at being ruled off for three years (18 months per violation) and a fine of $25,000 ($12,500 per violation) as the responsible licensee.

Even as their heads were reeling from trying to process what they were being told, what the agents allegedly said next truly disturbed the Pimentals.

“The men from HIWU told John, 'If you give us some information [on other people breaking the rules], we'll cut you some slack,'” is how Diana recalled the conversation.

“Come on, you don't know somebody that's doing something?” Diana said the agents prodded.

John's curt reply was that he'd been minding his own business as a trainer for nearly 50 years, and he wasn't now about to start getting involved in what other racetrackers did.

“And that's the truth. Even if he knew something, he would never say something,” Diana said.

So what's life been like in the three months since?

“A lot of sleepless nights, you know?” John said. “That's all I do, is think about this all the time.”

Fighting the Case

The Pimentals initially contacted a lawyer, but got sticker shock when the attorney told them they'd need to pay a $7,500 up-front retainer, and that seeing the case through to its conclusion might cost thousands more. Still, John thought he had a pretty good shot at fighting the meth positive, which he guessed had been triggered by environmental contamination from a drug user who came in contact with Golovkin either in the starting gate or in the test barn.

One New Jersey racing official, whom the Pimentals did not want named in this story because they didn't want to get that person into trouble, told them the picogram level of the meth finding was akin to “taking an Olympic-sized swimming pool and putting one more drop of water in it.”

That official added that if the state were still doing this type of drug testing instead of HIWU, John wouldn't be facing any penalization.

Diana Pimental feeding Golovkin | Sarah Andrew

The Pimentals said there were inconsistencies in the HIWU reporting, too. They showed TDN John's charging document, which initially states that Golovkin's blood sample was collected on May 28, which does not match the actual May 29 date of his race (another section of that document has the correct date, however). They also said that the test barn chain-of-command paperwork purportedly shows a different groom than the one they hired as having signed the required form.

The Pimentals said they'd like to square those who-and-when discrepancies with actual video footage from the test barn, but have been told Monmouth has no such security cameras.

They paid $2,078 to have the split sample tested, and weren't surprised when it, too, came back positive for meth.

Without legal counsel, they prepared a defense as best as they could for what they thought was an opportunity to plead their case.

But they misunderstood the purpose of a Zoom meeting with a HIWU attorney, and when they attempted to defend themselves, they were told the videoconference was for scheduling and logistics purposes only, and was not the actual hearing. HIWU's lawyer strongly advised them to get an attorney, Diana said, explaining that there was a lot of paperwork that still had to be filed properly before that hearing date.

“It's just John and I, nobody else is working on these horses,” Diana said. “None of us has ever done anything. John's never been in trouble, even since being a young kid at the track. Never done drugs. I tried to explain to them, we're not bad people. We're good people. We just need help. Let us work with you to show you that we didn't do this.”

At this point in retelling the tale, Diana lets loose with the tears she has been trying to hold back the entire time.

“I'm sorry. It's just that they've taken our horses. They've taken our lives. This is wrong,” Diana said.

Out of Options

John and Diana talked over their options. Preparing for the hearing on their own was too daunting and they couldn't afford a lawyer.

“We had to give up because we were just going broke. We couldn't afford to keep going any more,” Diana said. “We're not getting any income in. We go from getting paid for taking care of eight horses to nothing, and John's like, 'We just can't do this. We're going to not have anything left. No savings, no nothing.'”

They got back in touch with the HIWU attorney and said they just wanted to “end it.”

That meant John would have to sign an “admission of rule violations” and “acceptance of consequences” document that would be termed a “case resolution without hearing.”

Golovkin at Monmouth | Sarah Andrew photo

John balked at admitting that he doped a horse. But he signed the document anyway on Sept. 25 with the understanding that he wasn't admitting to any doping, and was instead acknowledging the rule violations and accepting his consequences.

There's a mistake in the official version of that document posted online by HIWU. It's probably just a cut-and-paste error, but it continues the pattern of sloppy documentation the Pimentals said they found in other HIWU-issued paperwork: after listing John by name at the start of the document, it later refers to him as “Mr. Ruiz” when citing his sanctions.

By the time John signed away his licensure, the eight remaining racehorses in his stable were long gone, having shipped out to a different trainer at Delaware Park.

The owner of that string, the husband-and-wife partnership of Juan and Margaret Palomino, had employed the Pimentals for about seven years. Margaret told TDN she thought it was “ridiculous” when she first heard the news about John's violations, and that she believes HISA and HIWU's penalties are too draconian for small-scale horsemen.

“It's like they want smaller outfits out of business,” Margaret said. “When this happened to John, we didn't know where we were going to go or who would train our horses. We don't have deep pockets. I talked to my husband, and Juan said, 'We'll just sell everything and get out of the business.' And I said, no-that might be what they want.

“It's like condemnation without any representation,” Margaret said. “John and Diana were absolutely terrific. We're still friends and we'll always be friends. Last year we had a terrific meeting at Monmouth. We made over $200,000. This year, because of the circumstances, I think we made $31,000.”

The Pimentals' pony has been sold but has not yet shipped out of the stable. Diana said HIWU cut them a small break by allowing them to go onto the Monmouth backstretch twice daily to feed the pony until the new owner comes to get it.

The Pimentals are also still allowed to go in and feed Golovkin, who was transferred back to John when the HIWU ruling voided the gelding's May 29 claim.

Diana said they are having trouble finding a new home for Golovkin, who over the summer twice finished last for the owners who had claimed him, and then had to sit out a mandatory 60-day period of inactivity that meant he couldn't race or have a published workout.

“They took our livelihood away,” John said. “I'm not guilty, but I can't prove it, because the money that I'd have to spend to fight it, I can't do it. And I think what they're doing is making the fines so high that people have to get out of business. They just step in and take over.”

From Welfare Line To…Welfare Line?

John's best trainee, about a dozen years ago, was a rugged grass sprinter named National Hero, who twice got voted New England's turf horse of the year.

But the Thoroughbred who helped get John his only real national press was Welfare Line, an ornery 9-year-old gelding purchased by John in 1994 for $1,500 after winning 15 races from 116 starts, primarily at the lowest levels of New England racing.

John worked patiently to transform “Welfie” into a gate pony, and they were inseparable partners on the track until 2016, when the gelding was retired from ponying.

Diana and John Pimental With Welfare Line | SV Photography

“That $1,500 was the best investment I ever made,” John told Mike Henry of the Tampa Bay Downs media team back in 2019. “Once we converted him over, he wasn't tough anymore. We'd bring a racehorse to the gate, and when I'd turn Welfie around to get away, he would squeal and let me know how much he loved his job. He was a good 'catch' horse, too. I used to be an outrider at Suffolk, and he wasn't shy about catching a loose horse. He was just made for the job.”

Even after his second retirement, Welfie never left the shed row, and when the Pimentals were stabled at Monmouth, the backstretch trolley tours knew to stop at their barn so guests could pet, pose for photos, and feed peppermints to the grand old gelding, an equine ambassador who lived to age 34 before dying from natural causes.

Four years later and facing banishment, John notes with dark humor that he has gone from caring for Welfare Line to possibly being on a welfare line.

The Pimentals said longtime backstretch friends have reacted with sympathy for John's predicament. Tampa Bay Downs even offered Diana her old job back in the racing office for the season that starts next month.

John has tried to see if he can get non-training work at Tampa, but he's found out that he's not eligible for work that puts him even remotely in contact with HISA-covered horses. He's been told “no” for being an outrider, working as a stall superintendent, driving a feed truck and laboring on a nearby horse farm.

“He cannot even go the frontside,” Diana said. “What's he supposed to do? I mean, this is all he's done his whole life, the horses. That's his whole life, and they just ripped it out from under him.”

What might he try outside of the sport?

“Walk dogs or something? I don't know,” John said.

The Pimentals celebrated their fiftieth wedding anniversary in subdued fashion last week.

“Friday the thirteenth, no less,” Diana quipped, managing a wry laugh about their run of bad luck.

They were supposed to have already left for Tampa, but Diana's blood pressure has recently spiked, and her doctor advised not travelling until they are sure that her new medication to control it is working.

“I keep telling them this whole situation is why my blood pressure is so high,” Diana said.

Ever since John signed off on his HIWU admission and acceptance, the couple has been nagged by doubts about whether or not there is still some avenue of appeal open to them. They really don't know the rules well enough to figure out if there is a next step.

It turns out there is. But the Pimentals' window of opportunity is closing fast.

Alexa Ravit, HIWU's director of communications and outreach, told TDN via email that, “John Pimental has until Oct. 26 to seek review from an Administrative Law Judge at the Federal Trade Commission (FTC),” which oversees HISA.

Golovkin and Richard the pony reside in a near-empty barn at Monmouth Park | Sarah Andrew

Ravit explained that in John's case, “there was no decision or determination by HIWU or the Arbitral Body. The violations have been admitted and the consequences accepted by the Covered Persons. If a Covered Person who has signed such an admission came to HIWU and requested that he/she be permitted to withdraw the admission, HIWU would consider that request if it was made within a reasonable time period, e.g., within the 30 days provided to seek review by the FTC.

“If HIWU accepted the withdrawal of the admission, the notice of sanctions would be withdrawn, and, in the case of Equine Anti-Doping Cases, the matter would be re-initiated before the Arbitral Body, and, if there was an active Provisional Suspension of that individual at the time of the admission, the Provisional Suspension would be re-imposed,” Ravit wrote.

On Oct. 19, the Pimentals were heartened by news that HIWU was lifting provisional suspensions on five trainers, possibly because environmental contaminations were suspected.

This prompted them to get in touch with Alan Foreman, an attorney who is the chairman and chief executive of the Thoroughbred Horsemen's Association. Foreman recently agreed to work as an ombudsman on behalf of racing industry constituents needing a go-between to deal with HIWU and HISA, and his role is to provide confidential advice and assistance at no cost related to horsemen's rights in those situations.

Diana said the conversation was productive and that Foreman agreed to look into the case on John's behalf.

“John and I were hoping we would get another chance to bring it up again,” Diana said. “We just want our lives back.”

The post HIWU Descends Upon a Shedrow, Upending Life For a Mom-and Pop Stable appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post HIWU Descends Upon a Shedrow, Upending Life For a Mom-and Pop Stable first appeared on Horse Racing Free Tips.

Asmussen Stables To Pay $205K in Penalties, Reimbursements Following DOL Investigation, Litigation

News — Fri, 11 Aug 2023 19:31:49 +0000

Steve Asmussen Stables has entered into a settlement agreement with the U.S. Department of Labor to reimburse grooms and hotwalkers nearly $130,000 to resolve violations of the federal H-2B worker program, which enables businesses to employ temporary visa workers, according to a release from the Department of Labor. Asmussen was also assessed civil money penalties of just over $75,000 for its violations in addition to the wage penalties.

According to the release, this is the fourth time in recent years that Asmussen has been ordered to make payments to workers, having most recently been ordered to pay more than a half-million dollars in back wages and damages. The DOL investigation in this instance found that the employer violated numerous commitments that it made during the H-2B application process to employ workers in the state of New York. The violations were said to have occurred between December 2016 and December 2019.

According to the release, the violations included:

Failing to pay workers for costs they incurred during travel to and from the U.S. at the beginning and end of the racing season, including visa fees;

Seeking and obtaining kickbacks from workers, supposedly to cover Asmussen Stables' attorney fees;

Employing workers outside of New York, contrary to statements made to the government;

Overstating the number of H-2B workers needed by the employer and;

Not disclosing material terms of the position to potential U.S. job applicants, such as that free housing may be available onsite.

“H-2B workers too often find themselves vulnerable to wage shortages and other violations of their rights,” explained Wage and Hour Division District Director David An in Westbury, New York. “Employers like Steve Asmussen Stables who employ H-2B workers must comply with the law or face sanctions, including fines and potentially being barred from the program.”

The settlement also includes enhanced compliance measures, including hiring of an independent monitor by the stable to conduct regular audits, providing workers with updated training in languages they understand, forbidding certain managers from being involved in the H-2B program and allowing the division to provide training to Asmussen Stables' H-2B workers regarding their rights.

“The U.S. Department of Labor will pursue all necessary legal avenues to obtain proper compensation for employees and prevent future violations by employers,” explained regional Solicitor of Labor Jeffrey S. Rogoff in New York. “This settlement reimburses these underpaid workers, requires Asmussen Stables to pay penalties and seeks to change this employer's behavior and prevent future violations by providing an independent monitor to perform regular audits.”

The division's Long Island District Office conducted the investigation. Department of Labor Senior Trial Attorney Jacob Heyman-Kantor litigated the case for the division before the Office of Administrative Law Judges. View the consent findings and the order approving the findings.

The post Asmussen Stables To Pay $205K in Penalties, Reimbursements Following DOL Investigation, Litigation appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Asmussen Stables To Pay $205K in Penalties, Reimbursements Following DOL Investigation, Litigation first appeared on Horse Racing Free Tips.

NY Claiming Rules Revision Would Keep Horses In-State for 60 Days

News — Thu, 03 Aug 2023 21:49:56 +0000

A proposed change to claiming rules in New York would double the time that a claimed horse must refrain from racing outside the state, from 30 to 60 days.

In addition, in an effort to make it easier to acquire Thoroughbreds via claims, another proposed change would extend time periods for owners to be eligible to claim horses.

Those measures, plus several other tweaks to the “Who may make claim” rule 4038.1, were advanced by the New York State Gaming Commission (NYSGC) at Thursday's monthly meeting.

There was zero discussion among commissioners prior to the unanimous voice vote.

The proposed changes must first be published in the state register and then go through a public commentary period before the NYSGC takes a final vote on them at a future commission meeting.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the Aug. 3 meeting, some horse owners and their representatives have communicated to the commission staff that the current claiming rules “need revisions.”

Commission staff met with personnel from the New York Racing Association (NYRA), Finger Lakes, the New York Thoroughbred Breeders (NYTB), and the New York Thoroughbred Horsemen's Association (NYTHA) in crafting the language changes, Burns wrote.

With respect to the time that a claimed horse must remain in-state, Burns wrote that “current rules prohibit a claimed horse from running outside New York for a period of 30 days. The proposal would extend that general prohibition to 60 days, which would mitigate entry shortages that have been experienced at New York tracks. An exception is proposed for horses claimed at Finger Lakes Racetrack toward the end of the Finger Lakes racing season, in which case the prohibition would be limited to 30 days from the end of the Finger Lakes racing season.”

On the time extensions for owners to be eligible to claim, the current version of the rule states that an owner must have “nominated a starter in the previous or current race meet.”

The proposed rewording would change the requirement to owners who have “started a horse: (1) within the previous 120 days, including the race in which such horse started, in a race meeting of the licensed or franchised association; or (2) in the current or previous race meeting.”

New owners who have not previously been licensed would also get a time extension.

Currently, a newly licensed owner “may apply to the stewards for a certificate authorizing him or her to claim one horse during the next 30 racing days following the issuance of the certificate.” The existing version of that rule also states that the stewards “may grant an extension” to that time period “if deemed appropriate.”

The proposed new language would change the “if deemed appropriate” part to an extension of “30 racing days if the certificate holder had entered a claim but had lost” the shake.

“NYRA conducts race meetings of varying lengths and horse populations,” Burns wrote in the brief. “Consequently, the current rule, which requires an owner, in order to be eligible to claim, to have entered a starter in the previous race meeting, precludes some otherwise active owners from claiming horses.

“Some owners may not have participated in a previous meeting because of the meeting's short duration or because racing opportunities had been incompatible with the owner's stable of horses. The proposed rule would address these concerns by allowing claimants who have raced on a circuit within 120 days, which would increase the number of owners qualified to make claims,” Burns wrote.

“Additionally, due to the frequency of multiple claims on a single horse, it is possible that someone actively trying to claim may not succeed in acquiring a horse within 30 racing days, which the current rule requires,” Burns wrote.

“Allowing 30 additional days for holders of a certificate of eligibility would provide an owner with an opportunity to claim when the owner has not been successful within the first 30 days of a race meeting, because the owner has lost the opportunity to claim to another claimant when multiple claims had been made on the same horse. Creating an opportunity to extend claiming eligibility for unsuccessful claimants would allow these owners additional chances to claim a horse,” Burns wrote.

Additionally, current NYSGC regulations provide that when a horse is claimed from a particular value class, the horses is ineligible to start in the same value class for 30 days.

According to the brief written by Burns, “A review of recent data, however, indicates that horses generally run on a 28-day schedule and condition books generally schedule a value class every 28 days. Under current regulations, a claimant who wants to start a horse again in the same class may be effectively forced to wait 56 days from the date of the claim. The position has been advanced that such period is unnecessarily long and causes issues for owners, trainers and the racetrack, which seeks to fill competitive races.”

The solution, according to the proposed rewording, will be to make the regulation state that, “If a horse is claimed the horse shall not start in a claiming race for a period of 20 days from the date of the claim for less than 25 percent more than the amount for which such horse was claimed.”

A new clause would be inserted that further states, “For a period of 10 days thereafter, a horse is eligible to start for a claiming price equal to or greater than the price at which the horse had been claimed. On the 31st day, the horse may start in a claiming race for any price.”

Burns wrote that “By reducing the requisite waiting period, owners will have a greater opportunity to start a horse for the price at which the horse had been claimed, given that the owners would be able to gain access to races that had already been written in the track's condition book 28 days in advance.”

Rice penalty revision on target for Sept.

Separately, NYSGC Executive Director Robert Williams detailed the expected timeline for commissioners to revisit a possible penalty for trainer Linda Rice, who on June 8 had a New York Supreme Court Appellate Division rule that a three-year banishment imposed by the NYSGC was “entirely unwarranted.”

Linda Rice | Sarah Andrew

As TDN reported back in June, the Gaming Commission fined Rice $50,000 and revoked her license for three years in 2021 after investigating claims that Rice received favorable treatment from the NYRA racing office and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage. It was further alleged that Rice had paid racing officials in exchange for the information, a charge she denied. She did admit to routinely giving members of the racing department, as well as the gate crew, Christmas presents.

Williams said that the court ruling upheld the commission's determination that the “improper practices” rule had been violated and that the court rejected Rice's constitutional claim. But the court overturned the three-year revocation, and sent the matter back to the commission to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

Williams said the case materials will be recirculated to each of the commissioners, and that both the commission's counsel and Rice's legal team have been asked to update their post-hearing briefs with respect to penalty recommendations.

“The matter should be set for consideration at the commission's September meeting,” Williams said.

Brian O'Dwyer, the NYSGC chairman, said, “I urge the commissioners that, obviously, the Rice matter is something that we need to look at. In particular, three of the commissioners are new to the matter, having been appointed after the penalty had been assessed. Obviously, we're under court mandate to reassess that penalty, and I know that we'll all take that very seriously.”

The post NY Claiming Rules Revision Would Keep Horses In-State for 60 Days appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post NY Claiming Rules Revision Would Keep Horses In-State for 60 Days first appeared on Horse Racing Free Tips.

HISA Temporarily Suspends Full Enforcement of Intra-Articular Joint Injection Rules

News — Thu, 29 Jun 2023 22:04:40 +0000

The Horseracing Integrity and Safety Authority (HISA) has temporarily suspended full enforcement of its rules surrounding intra-articular joint injections.

Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout.

A violation of these rules could result in a 60-day suspension for the trainer.

According to an announcement dated June 26, the prohibition of such injections within seven days prior to a workout shall be enforced only by making the horse ineligible to race for a period of 30 days. This temporary measure will last until July 15, 2023. HISA had also issued a bulletin to stakeholders on June 23 stating the new policy.

All other provisions of the rule will continue to be enforced.

According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers have breached the rule surrounding intra-articular joint injections prior to a workout. The reason HISA decided to temporarily modify its enforcement of the rule was due to confusion among trainers about the specifics of the rules related to workouts, Lazarus added.

“On the workout side, while it was mentioned in the education process, it seems that a lot of trainers just really didn't understand it, and most of the violations we saw were only off by one day,” said Lazarus.

Lazarus added that the temporary modification of enforcement of the rules was deemed the most “fair and equitable” way to proceed “given the number of violations.”

According to Lazarus, there has been only one violation of the rule surrounding intra-articular joint injections prior to a race.

Lazarus said she was unaware which trainers had breached the rule. “That would be a HIWU question,” said Lazarus, pointing to the Horseracing Integrity and Welfare Unit, which oversees implementation of HISA's anti-doping and medication control (ADMC) program.

“When horses are suspended, you'll be able to figure that out,” Lazarus added, pointing to HIWU's “public disclosures” webpage.

The Authority–the non-profit umbrella broadly overseeing implementation of the federal law–has the legal discretion to modify rule enforcement, said Lazarus.

“We can't modify the rules,” she said. “But we can–and we have in the past on the safety rules–decided to not enforce a particular provision of the rule,” said Lazarus.

“This general discretion to not enforce a portion of the rule is we believe within HISA's authority,” she added.

When asked if this was fair to other industry stakeholders facing sanctions as per the rules, Lazarus said that sanctions are still being meted out, even though they are less stringent than the rules require.

“There are a lot of folks who don't like the decisions that we [make]. But it's our job to make tough decisions, and I fully stand behind this decision,” said Lazarus.

When asked if this action was unfair to the owners of the horses in question, Lazarus said that it was ultimately a welfare decision.

“Protecting the horse is always in our view our responsibility,” said Lazarus. “And so, we believe it is not appropriate to allow a horse to race within 30 days of it having the injection.”

Lazarus said that the Authority is not “at this time” considering tweaking the enforcement of other rules on the books.

Daily Racing Form reported that HISA's Anti-Doping and Medication Committee is also considering modifying the sanctions surrounding the 60-day trainer suspension for violating the workout portion of the rule.

“There's a feeling that the sanction may be too high,” Lazarus told the DRF.

The post HISA Temporarily Suspends Full Enforcement of Intra-Articular Joint Injection Rules appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post HISA Temporarily Suspends Full Enforcement of Intra-Articular Joint Injection Rules first appeared on Horse Racing Free Tips.

Ward Hit With 15-Day Suspension For Monmouth Positives

News — Wed, 28 Jun 2023 17:12:24 +0000

Trainer Wesley Ward has begun serving a 15-day suspension after a horse he trained tested positive for the substances naproxen and metformin following a July 15, 2022, race at Monmouth. Ward's suspension began June 23 and ends July 7. He was also fined $2,000.

The Paulick Report was first with the story.

The infraction occurred in a five-furlong maiden special weight race on the turf with the gelding Insanity It Seems (Tale of the Cat), who won by 2 1/4 lengths. The horse, who is also owned by Ward, has not run back since.

Ward said he did not consider filing an appeal.

“What are you going to do?” he said. “When you appeal and go down that road things can get tough and you wind up paying a lot in lawyer bills.”

Because there were positives for two drugs, the penalties could have been more harsh, but, according to co-counsel Drew Mollica, the Monmouth stewards concluded that the presence of metformin in and of itself did not warrant a significant fine or suspension.

“The science proved that the metformin was at such a trace amount that they concluded there were mitigating circumstances,” said Mollica, who was co-counsel along with Darrell Vienna. “They took into account that metformin was a derivative of contamination. The penalty is indicative of the finding that only the naproxen was an issue and that the metformin was a result of contamination. Without the mitigation, the penalty could have been much harder. So we are appreciative of the New Jersey Commission paying attention to the science and buying into our argument.”

Naproxen, also known as the over-the-counter analgesic Aleve, is a regulated anti-inflammatory drug. According to the website Equimed.com, it can be used in horses to treat lameness, musculoskeletal pain from soft tissue injury, muscle soreness and bone and joint problems. Metformin is a human drug prescribed for type II diabetes. In horses, it may be prescribed if a horse cannot exercise due to laminitis, or if insulin levels are very high.

Ward said he did not know how the naproxen got into the horse's system.

“I shipped to Monmouth to another trainer's barn and his staff ran the horse for me,” he said. “He's a great friend of mine and when the results came back, I was surprised to hear what happened. I know the rules are rules and the stewards have to do what they have to do. I'm just going to try to keep doing the best I can.”

The Monmouth race marked the second time Ward has had a positive for metformin. His Averly Jane (Midshipman) tested positive for the drug in the April 28, 2021 Kentucky Juvenile S. at Churchill Downs. That offense resulted in a 15-day suspension.

The post Ward Hit With 15-Day Suspension For Monmouth Positives appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Ward Hit With 15-Day Suspension For Monmouth Positives first appeared on Horse Racing Free Tips.

Penalties Tweaked Ahead of New Whip Rule Deployment

News — Fri, 10 Feb 2023 19:48:29 +0000

The previously announced new whip regulations will go into force on Monday, but the way penalties are calculated has been “marginally adjusted” according to the British Horseracing Authority (BHA).

Following feedback from jockeys, there were further amendments to the rules, and the bedding in period for jumps racing was extended by a week.

Under the new regulations, use of the whip in the forehand position will be allowed, with the BHA having reversed a previous decision to ban it after riders' objections. However, use of the whip has been reduced to six and seven strikes over the Flat and Jumps races, respectively.

The penalty structure was also strengthened, with the very worst whip offences potentially resulting in disqualification of horses and riding bans of 20 days–a tariff which will be doubled in Class 1 and 2 races.

In its latest update, the BHA confirmed only offences for use of the whip above the permitted level will be doubled and not offences for use above shoulder height. A tweak to how offences are aggregated where multiple offences are committed in the same ride has also been made.

In a statement, the BHA said, “The rules being implemented on Monday are the result of a detailed consultation process designed to foster more considered and judicious use of the whip.”

“They are being introduced after an extensive bedding-in period which has successfully allowed jockeys and officials to familiarise themselves with the new rules and guidance and identify where improvements can be made to their implementation, or where some jockeys might need to adapt their riding style. This was the purpose of the bedding-in period.”

“We are grateful for the input of the PJA (Professional Jockeys Association), NTF (National Trainers Federation) and a number of senior riders and trainers and we have now reached a position where the new rules and guidance will be implemented in the manner in which they were intended.”

“We were pleased to note jockeys stating that the responsibility now rests on them to ride within the new rules and adapt their riding style where necessary. We have already seen this happening during the bedding-in period, for which jockeys deserve great credit.”

The post Penalties Tweaked Ahead of New Whip Rule Deployment appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Penalties Tweaked Ahead of New Whip Rule Deployment first appeared on Horse Racing Free Tips.

French Whip Use Reduced By One Strike Beginning On May 1

News — Wed, 08 Feb 2023 19:03:46 +0000

The number of strikes with the whip a jockey is allowed to use over jumps and on the Flat in France has been reduced from five to four beginning on May 1, France Galop announced on Wednesday.

There will be an educational and transitional period from Mar. 1 to Apr. 30 to allow jockeys to acclimate to the new regulations. The sanctions currently in place regarding overuse of the whip will be applied through Apr. 30. The aim is to gradually reduce the use of the whip, and the system will be reviewed at the end of 2023.

The following are specifications that apply to the manner and the number of times a whip can be used:

Using the whip on the shoulder or neck of the horse when the jockey does not have both hands on the reins counts towards the permitted number of strikes.
It is at the discretion of the stewards to decide if a jockey has used his/her whip clearly and unequivocally for safety reasons (correcting the horse's trajectory) rather than misused it.
The stewards will consider it a misuse offence (according to article 171 of the Racing Code) when a jockey uses his/her whip one or more times even though his/her mount was no longer able to improve or was out of contention (it is a misuse even if the jockey has used his/her whip below the authorised number).
Using the whip above shoulder height is considered a misuse offence.

Increased penalties will come into effect on May 1, as well, with specific penalties applying to group races. For the full details regarding penalties for whip offences after the new rules come into effect, and for more information on the new rules, please go to the France Galop website.

The post French Whip Use Reduced By One Strike Beginning On May 1 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post French Whip Use Reduced By One Strike Beginning On May 1 first appeared on Horse Racing Free Tips.

Weekly Rulings and Commissions Rulings: Oct. 4-10

News — Wed, 12 Oct 2022 20:18:12 +0000

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California
Track: Santa Anita
Date: 10/07/2022
Licensee: Leonard Rivero, owner
Penalty: Suspended license
Violation: Failure to appear for hearing
Explainer: Owner Leonard Rivero (DBA; WINNER CIRCLE STABLES), having failed to respond to written notice to appear before the Board of Stewards at Santa Anita Park on October 6, 2022, 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- $2594.52 to K C Horse Transport, Inc.). Suspension to commence on October 13, 2022.

Track: Santa Anita
Date: 10/07/2022
Licensee: Luis Aguilar, owner
Penalty: $200 fine
Violation: Shoeing without license
Explainer: Owner Luis Aguilar is fined $200.00 for violation of California Horse Racing Board rule #1481 (Occupational Licenses and Fees–shoeing without a proper license)

Track: Santa Anita
Date: 10/07/2022
Licensee: Lloyd Wicker, trainer
Penalty: $500 fine
Violation: Out of competition medication violation
Explainer: Trainer Lloyd Wicker, who worked out the horse HOLLYWOOD RUMOR at San Luis Rey Downs on July 20, 2022, is fined $500.00 and assessed one half (1/2) point in accordance with California Horse Racing Rule #1843.4 (Multiple Medication Violations–Expires 10/08/23) for violation of California Horse Racing Board Rule #1868 (Authorization Medication During Workouts) and Rule #1843.1 (Prohibited Drug Substances – Phenylbutazone [(Class 4]).

Track: Santa Anita
Date: 10/09/2022
Licensee: Juan Hernandez, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties–Class 3), Jockey JUAN HERNANDEZ, who rode TURN ON THE JETS in the ninth race at Santa Anita Park on October 8, 2022, is suspended for one (1) day (October 16, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey JUAN HERNANDEZ is assigned three (3) violation points that will be expunged on April 9, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties. Jockey JUAN HERNANDEZ has accrued a total of nine (9) points. Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 10/09/2022
Licensee: Ian Kruljac, trainer
Penalty: Reimbursement by owner of claim and stabling costs
Violation: Voided claim
Explainer: In the matter of the claim submitted for the horse GYPSY LYNN; Having received first notice of a Prohibited Substance (methocarbamol) in the post-race test sample, pursuant to Horse Racing Integrity and Safety Rule 2262 (c)(5) (Void Claim), the claim submitted for the horse GYPSY LYNN, in the first race on August 21, 2022, at Del Mar Racetrack is hereby deemed void.

The horse, GYPSY LYNN trained by IAN KRULJAC, shall be returned to owner CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) and CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) shall return the amount of the claim of TWENTY THOUSAND DOLLARS ($20,000) to owner TODD CADY by October 16, 2022. Furthermore, owner CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) shall reimburse owner TODD CADY in the amount of $1,679.54 for the care and training of the horse during the time the horse was in the claimant's barn.

Track: Santa Anita
Date: 10/10/2022
Licensee: Drayden Van Dyke, jockey
Penalty: Reimbursement by owner and jockey of purse money
Violation: Excessive use of the whip
Explainer: Pursuant to a formal hearing held on October 8, 2022, it is hereby ordered that BOLT'S BROAD, who finished first in the sixth race at Del Mar Race Track on September 9, 2022, be disqualified and deemed unplaced pursuant to HISA Rule 2282 (Riding Crop Violations and Penalties [Class 2 Violation]) for violation of HISA Rule 2280 (Use of Riding Crop).

It is further ordered that the purse money awarded to Owner WENDY RUIS (RUIS RACING LLC), $60,000 and Jockey DRAYDEN VAN DYKE, 4,800 be distributed in accordance with the revised order of finish by the Paymaster of Purses at Del Mar Race Track

Revised order of finish is as follows:
1st Classymademoiselle; 2nd La Peer; 3rd Anacaro; 4th Balenciaga Betty; 5th Free and Humble; 6th Shirley's Bane

All records are ordered to reflect this ruling. In accordance with California Horse Racing Board rule #1956 (Race Declared Official) neither pari-mutuel payoffs nor the distribution of any pari-mutuel pool shall be affected.

New York
Track: Aqueduct
Date: 10/06/2022
Licensee: Tom Morley, trainer
Penalty: Ten-day suspension, $1,000 fine
Violation: Medication violation
Explainer: Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Phenylbutazone in the post-race sample taken from Horse “Built to Last” (#4) which raced in the 3rd race and finished 1st on August 24th 2022. Trainer of record Mr. Thomas Morley having been notified of the post-race positive and having waived his right to appeal is hereby fined the sum of $1,000 and suspended ten Calendar days effective Thursday October 13th 2022, through Saturday October 22nd 2022, inclusive.

Furthermore, the Stewards order horse “Built to Last” disqualified from any part of the purse and the purse redistributed as follows:

(#11) Kingstown
(#12) Tommy Gun
(#13) Full Complement
(#10) Magic Truck

Ordered that during your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privileges and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or assist with any aspect of the training of such horses.

Track: Aqueduct
Date: 10/07/2022
Licensee: Edmund Davis, trainer
Penalty: Fifteen-day suspension, $1,500 fine
Violation: Medication violation
Explainer: Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Phenylbutazone in the post-race sample taken from Horse “Cap't Remington” #6 which raced in the 3rd race and finished 2nd on August 5th 2022. Trainer of record Mr. Edmund Davis having been notified of the post-race positive and having waived his right to appeal is hereby fined the sum of $1,500 and suspended fifteen Calendar days effective October 16th 2022 through October 30th 2022, inclusive.

Furthermore, the Stewards order horse ” Cap't Remmington” disqualified from any part of the purse and the purse redistributed as follows:

(#5) Jay'stalker
(#3) Barone Marchis
(#4) Makart
(#2) Devil Or Angel
(#7) My Slick Nick

Ordered that during your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privileges and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privilages of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or assist with any aspect of the training of such horses.

Kentucky
Track: Keeneland
Date: 10/08/2022
Licensee: Carlos Villasana, jockey
Penalty: Suspended license
Violation: Failed drug test
Explainer: Carlos Villasana is hereby immediately suspended by the Board of Stewards for his failed drug test (reported on October 7, 2022 as positive for cocaine) and is ordered to undergo an evaluation by a professional in the field of addictive or substance abuse disorders approved by the KHRC. Consideration for reinstatement is contingent upon the adherence to the recommendation of the approved counsellor. Mr. Villasana must also provide a negative drug test prior to reinstatement. During his suspension Carlos Villasana is denied the privileges of all facilities under the jurisdiction of the KHRC.

Track: Keeneland
Date: 10/09/2022
Licensee: Jose Ortiz, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Jose Ortiz who rode Raging Sea in the ninth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding in the stretch that resulted in the disqualification of his mount.

Track: Keeneland
Date: 10/09/2022
Licensee: Irad Ortiz, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Irad Ortiz who rode Longpants Required in the tenth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding near the 3/8 pole.

Track: Keeneland
Date: 10/09/2022
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Joel Rosario who rode Olga Isabel in the fifth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding near the 1/4 pole that resulted in the disqualification of his mount.

NEW HISA STEWARDS RULINGS
Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule
Churchill Downs
Francisco Arrieta – ruling date October 4, 2022
Francisco Arrieta – ruling date October 8, 2022

Hawthorne
Eduardo Gallardo – ruling date October 6, 2022

Horseshoe Indianapolis
Adam Beschizza – ruling date October 6, 2022
Javier Padron-Barcenas – ruling date October 6, 2022
Kendal Deann Sterritt – ruling date October 6, 2022
Eduardo Perez – ruling date October 7, 2022

Mountaineer Park
Juan Gabriel Lagunes – ruling date September 27, 2022
Luciano Barron Hernandez – ruling date September 27, 2022
Eder Luis Martinez – ruling date October 3, 2022
Luciano Barron Hernandez – ruling date October 5, 2022
I'm Praying for That – ruling date October 5, 2022
Marco Ccamaque – ruling date October 7, 2022 (violation date Sept. 28)
Marco Ccamaque – ruling date October 7, 2022 (violation date Oct. 3)

Penn National
Pedro Requena – ruling date October 6, 2022

Pimlico
Xavier Perez – ruling date September 10, 2022

Presque Isle Downs
Alexis Valdes – ruling date October 10, 2022
Wilfredo Martinez – ruling date October 10, 2022

Remington Park
Obed Sanchez – ruling date October 6, 2022

Zia Park
J.C. Villanueva – ruling date October 8, 2022

Voided Claims
Churchill Downs
Thatch – ruling date October 1, 2022

Hawthorne
Gotta Chase It – ruling date October 2, 2022

Belterra Park
Monolito – ruling date October 5, 2022

Violations Involving Forfeiture of Purse
Mountaineer Park
Marco Ccamaque – $500 fine; 3-day suspension; 5 points; redistribution of purse; 7-day additional suspension due to accumulation of HISA points; ruling date October 7, 2022 (violation date Sept. 28)

Mountaineer Park
Marco Ccamaque – $500 fine; 3-day suspension; 5 points; redistribution of purse; 15-day additional suspension due to accumulation of HISA points; ruling date October 7, 2022 (violation date Oct. 3)

Appeal Request Updates
Mountaineer Park
Marco Ccamaque
Crop rule violation
Ruling date October 7, 2022 (violation date Sept. 28)
Appeal filed October 8, 2022
Stay granted

Mountaineer Park
Marco Ccamaque
Crop rule violation
Ruling date October 7, 2022 (violation date Oct. 3)
Appeal filed October 8, 2022
Stay granted

Horseshoe Indianapolis
Eduardo Perez
Crop rule violation
Ruling date October 7, 2022
Appeal filed October 11, 2022
Stay granted

The post Weekly Rulings and Commissions Rulings: Oct. 4-10 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Weekly Rulings and Commissions Rulings: Oct. 4-10 first appeared on Horse Racing Free Tips.