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Weekly Stewards & Commissions Rulings: Feb. 1-7

Weekly Stewards and Commissions Rulings, Feb. 1 – Feb. 7

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.

California

Track: Santa Anita
Date: 02/06/2022
Licensee: Edwin Maldonado, jockey
Penalty: $750
Violation: Excessive use of the whip
Explainer: Jockey Edwin Maldonado is fined $750.00 for violation of California Horse
Racing Board rule #1688(b)(8) (Use of Riding Crop–more than six times–second offense within the past 60 days) during the fourth race at Santa Anita Park on Feb. 5, 2022.

Track: Santa Anita
Date: 02/06/2022
Licensee: Tyler Baze, jockey
Penalty: $1,000
Violation: Excessive use of the whip
Explainer: Jockey Tyler Baze is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8) (Use of Riding Crop–more than six times–third offense within the past 60 days) during the seventh race at Santa Anita Park on Feb. 5, 2022.

Track: Santa Anita
Date: 02/06/2022
Licensee: Drayden Van Dyke, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Drayden Van Dyke, who rode Disco Ball in the third race at Santa Anita Park on Feb. 5, 2022, is suspended for three racing days (Feb. 13, 18 and 19, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of his mount from first to second. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules–Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Florida

The following rulings were reported on the ARCI's “Recent Rulings” webpage. All but one of the rulings, however, show “no penalty” for the medication violations. According to a spokesperson for the Florida Department of Business and Professional Regulation, the rulings that indicate “no penalty” are from samples collected prior to May 20, 2021, when the Division adopted new testing procedures on the back of litigation.
“As a result of litigation, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering developed and adopted new administrative rules regarding testing methodologies, measurement uncertainties, and screening limits for racehorses. These new requirements have been in effect since May 20, 2021,” the spokesperson wrote.
“Cases involving samples collected prior to that date were resolved pursuant to negotiated agreements between the Division and trainers. Relying on these new requirements, the
Division continues to help protect the safety and welfare of racehorses and the integrity of the races themselves,” the spokesperson added.

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Oscar Gonzalez, trainer
Penalty: $500 fine and 15-day suspension
Violation: Medication/drug violation
Explainer: Consent Order – 2021-053658 – F.S. 550.2415 – violation = clenbuterol. $500 fine 15-day suspension (dates to be determined). “SPECIAL MEISTER”
Track: Gulfstream Park
Date: 02/03/2022
Licensee: Benny Cadahia, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Stipulation and Consent Order – Case #2021-003167 – F.S. 550.2415 – violation = ALBUTEROL. NO PENALTY “ULTRACONFIDENT”
The following were displayed on the ARCI's “recent rulings” webpage but have subsequently been removed. The TDN, however, confirmed their veracity with the Florida Department of Business and Professional Regulation.

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2021-003148 – F.S. -550.2415 – Violation = Clenbuterol. NO PENALTY “RESIDENT”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2021-013088 – F.S. 550.2415 – violation = Clenbuterol. NO PENALTY “HAPPY CHAMP”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-03789 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY. “CREA'S BKLYN LAW”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Darien Rodriguez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent order – Case #2019-012095 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY. “GENERAL PADDY”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Ricko Maragh, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2019-002516 – F.S. – 550.2415 – NO PENALTY. “VINNIE VAN GO”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Anthony Quartarolo, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2019-015584 – F.S. 550.2415 – violation = dexamethasone. NO PENALTY. “MISS HEART”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-022161 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY “MI TRES POR CIENTO”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-054352 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY “AYCAPOTE”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2021-005604 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY “DIAMONDS ENJOY”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2021-016608 – F.S. 550.2415 – violation = flunixin, phenylbutazone. NO PENALTY “COLTONSTHEADMIRAL”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2019-027648 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY “DIZZY GILLESPIE”

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Gulfstream Park Suspends Five Trainers For Violating Clenbuterol Policy

Gulfstream Park has suspended five trainers for violating the Hallandale Beach, Fla., house rules concerning use of the bronchodilator clenbuterol. The track announced the suspensions after conducting out-of-competition tests, using both blood and hair samples, in 10 different barns – with five of the 10 trainers returning clean tests. A total of 12 horses from the five suspended trainers tested positive for the drug that is designed to treat airway obstruction but can have anabolic steroidal effects.

Suspended were Georgina Baxter, Rohan Crichton, Daniel Pita, Peter Walder and Gilberto Zerpa. The suspensions range from 10 to 40 days depending on the number of violations a trainer and went into effect Oct. 1. Gulfstream did not identify the length of each trainer's suspension. The trainers also have been fined $1,000 per violation, with the money going directly to support Thoroughbred aftercare initiatives.

Gulfstream Park enacted the restriction on clenbuterol as a house rule at the beginning of the 2019/2020 championship meet to further address and implement improved safety, transparency and accountability standards.

“As we have said before, individuals who do not embrace the rules and safety measures that put horse and rider safety above all else will have no place at any 1/ST racetrack,” said Aidan Butler, chief operating officer, 1/ST Racing, which owns Gulfstream Park, Santa Anita, Pimlico, Laurel Park, and Golden Gate Fields. “At 1/ST we are committed to achieving the highest standard of horse care and safety. We expect that the stakeholders who race and train at our facilities share in that commitment.”

Horses entered by the suspended trainers will be scratched and they will not be permitted to enter any horse they train for any race at 1/ST Racing venues until the completion of the suspension.

On Oct. 1, six horses were listed as stewards scratches, including three trained by Crichton, two by Baxter, and one by Walder.

To return to racing, the horses must also submit to follow up testing and have clean blood and urine samples. The twelve affected horses will be permitted to train as a part of their daily care and exercise routines.

Because of the absence of a racing commission and deregulation imposed by former Gov. Rick Scott, many of the rules that govern Florida racing are done by the racetracks in the way of house rules. It isn't clear if suspensions resulting from violation of house rules are automatically recognized by other racing states. Gulfstream Park did not indicate whether a suspended trainer's horses (those that did not test positive) would be allowed to race under the name of another trainer during the period of suspension.

Additional barns have been tested, with results pending.

Click here for the current Gulfstream Park Condition Book Rules.

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Russell Brings Wondrwherecraigis To Saratoga In Search Of First Stakes Win

Four-time winner Wondrwherecraigis will attempt to secure his first career stakes score in Friday's eighth running of the $120,000 Tale of the Cat at Saratoga Race Course in Saratoga Springs, N.Y.

Trained by Brittany Russell, Wondrwherecraigis enters the six-furlong sprint for 4-year-olds and up who have not won a graded race in 2021 from a 5 3/4-length optional claiming score on July 18 at Pimlico Race Course in Baltimore, Md.

The 4-year-old dark bay or brown son of Munnings, who garnered a 102 Beyer Speed Figure in his most recent effort, returns to stakes company on the NYRA circuit after being disqualified from second to third in the Gold Fever in July 2020 at Belmont Park ahead of finishing fourth behind three next-out winners in the Grade 2 Amsterdam last August at Saratoga.

Wondrwherecraigis is owned by Michael Dubb, Madaket Stables, The Elkstone Group, and Bethlehem Stables.

“It was a big race. He's doing really well,” said Russell. “We figured we would take a look. It looks like the race will set up for him, so we're shipping him up and giving him a chance.”

Jockey Sheldon Russell will ride from post 5.

Trainer Ray Handal will saddle last-out stakes winner Foolish Ghost, who defeated his New York-bred counterparts in the John Morrissey on July 29. The son of Mineshaft was claimed by Handal and owner Ken Russell and Richard Newman Racing last August and has since won four times for his current trainer.

“He's doing well,” Handal said. “There aren't too many sprints for him in the northeast area. On his best day, he can run with some of the good ones, so we'll see.”

Jockey Joel Rosario retains the mount from post 6.

Daniel Alonso's Wind of Change arrives at the Tale of the Cat off a sharp win in the Mr. Prospector on May 29 at Monmouth Park for trainer Saffie Joseph, Jr. The Brazilian-bred Forestry bay seeks his sixth stakes victory, which include four triumphs at such level in his native land.

Jockey Irad Ortiz, Jr. will ride from post 4.

My Boy Tate will seek a sixth stakes victory for Little Red Feather Racing and trainer, breeder, and co-owner Michelle Nevin. The 7-year-old son of Boys At Tosconova was second in the 2018 and 2020 Tale of the Cat.

Breaking from post 1, My Boy Tate will be ridden by Manny Franco.

[Story Continues Below]

Multiple stakes-winner Bon Raison [post 3, Jorge Vargas, Jr.] seeks a non-consecutive win in the Tale of the Cat, previously scoring in 2019. Trained by Jack Sisterson, Bon Raison brags the highest bankroll in the field with $685,874.

Completing the field is David Bernsen's Shashashakemeup [post 2, Ricardo Santana, Jr.], a four-time winner for trainer Peter Walder.

The Tale of the Cat is carded as Race 9 on Friday's 10-race program at Saratoga Race Course. First post is 1:05 p.m. Saratoga Live will present daily television coverage of the summer meet on FOX Sports. For the complete Saratoga Live broadcast schedule, and additional programming information, visit https://www.nyra.com/saratoga/racing/tv-schedule.

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Is Florida Clenbuterol Positive An Open Or Shut Case?

Another real-life story from the pages of “Only In Florida.”

On Aug. 11, 2020, the Division of Pari-Mutuel Wagering (DPMW) filed a complaint against trainer Peter R. Walder after the state's testing laboratory at the University of Florida detected 74.5 picograms of clenbuterol in the post-race blood sample of Crea's Bklyn Law, winner of the 11^th race at Gulfstream Park in Hallandale Beach, Fla., on July 11.

The lab notified DPMW director Louis Trombetta on July 28. Typically, a case will then get assigned to an attorney within the Florida Department of Business and Professional Regulation, a complaint is filed and a state investigator is directed to serve the trainer with the complaint.

Under Florida law, the state has 90 days from the date the alleged violation occurred to begin prosecution. If the state has not begun to prosecute the case within 90 days, it's dropped. According to Florida Statute 550.2415 (4), “Service of an administrative complaint marks the commencement of administrative action.”

Walder said he was never served with the complaint because he was out of state when process servers began to visit his stable at Gulfstream Park last summer.

“A detective came to my barn a few times and my assistant told them, 'He's in Saratoga.'” Walder said. “They called and said they need to see me, that they need to give me some papers.”

Officials could have hired a process server in New York to serve Walder with the complaint, but apparently never did.

“They knew where I was,” Walder said. “I was at my barn every day in Saratoga, barn 15. Do you think I'm going to go running to them so they can serve me?”

At one point, Walder said, an investigator “tried handing something to my assistant (at Gulfstream Park), but that wasn't me.”

As the clock starting winding down to the 90-day cutoff, Walder added, officials became more agitated. “One guy cursed out my assistant, calling him a liar and saying I was hiding somewhere in the barn. They couldn't find me because I wasn't there, but it's not like I was hiding.”

On Oct. 8, Walder said, while at Monmouth Park in New Jersey, he contacted a state official in Florida and said he would be returning to Gulfstream Park that weekend. The following day, Friday, Oct 9, was the 90^th day after the alleged July 11 violation. By Saturday, Oct. 10, the case would have to be closed.

Or would it?

Patrick R. Fargason, deputy communications director for the Florida Department of Business and Professional Regulation, said the Crea's Bklyn Law case remains open, despite Walder's insistence that he has not been served with the complaint.

“The administrative complaint in this case was effectively served,” Fargason wrote in an email, without further explanation.

That's news to Walder.

“I've never signed anything,” he said. “The law states that they have to give (the complaint) to the trainer. By their letter of the law, the 90 days is up.”

Walder has another clenbuterol complaint, this one filed on Feb. 5 for Resident, who was found to have 246 picograms of the bronchodilator in a urine sample taken after the horse won the seventh race on Dec. 27, 2020, at Gulfstream Park.

Attorney Bradford Beilly is handling that case for Walder and said he has requested a split sample after the complaint was served within 90 days of the alleged violation.

Walder, who's won the last seven races at Gulfstream Park in which he's had a runner, said he stopped using clenbuterol at the end of 2020. Gulfstream instituted house rules prior to the championship meet that began Dec. 2 requiring a prescription for its use and a negative drug test prior to being entered to race for any horse administered the drug.

“I don't use it anymore,” Walder said. “You can't get it from the manufacturer anymore and I refuse to use the compounded stuff.”

Walder said some will try to connect his win streak with clenbuterol. He insists that is not the case, that he's always been a streaky trainer and has gone through both long slumps and hot spells. Walder said he's one of a handful of trainers who “aggressively” play the claiming game. “I'm getting good rides and have patient owners and great help,” he said. “You can't do anything without good help.”

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