Weekly Rulings: March 22-27

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, trainer Robert Fiesman was suspended seven days and fined $1,000 for his second positive finding for phenylbutazone since HISA's anti-doping and medication control program (ADMC) went into effect.

Phenylbutazone is a Class C controlled medication under HISA. A second Class C offense within a 2-year period comes with a maximum 15-day suspension and $1,000 fine.

Jonathan Maldonado has similarly been suspended seven days and fined $1,000 after his trainee, Kapadokya, tested positive for the Class B controlled medication, capsaicin, after winning at Laurel Park on Feb. 10. Capsaicin is a topical analgesic.

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: 03/26/2024
Licensee: Riley Tucker Mott, 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, Brian. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/26/2024
Licensee: Sally Rivera, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Stormy Joe on 2/13/24. 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: 03/26/2024
Licensee: Robert Fiesman, trainer
Penalty: 7-day period of Ineligibility, beginning on March 27, 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 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Zipsy Rose Lee, who finished second at Mahoning Valley on 2/6/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/25/2024
Licensee: Jonathan Maldonado, trainer
Penalty: 7-day period of Ineligibility, beginning on March 26, 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.
Explainer: For the presence of Capsaicin—Controlled Medication (Class B)—in a sample taken from Kapadokya, who won at Laurel Park on 02/10/24. 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: 03/21/2024
Licensee: Derek Ryan, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Charging Aero, who finished second at Tampa Bay on 01/06/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 03/08/2024
Licensee: John Servis, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Chance Occurrence. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 03/08/2024
Licensee: Jeremiah Englehart, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dolce Veloce. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/08/2024
Licensee: Javier Duarte, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Albuterol by inhilation—Controlled Medication (Class C)—in a sample taken from Shanghai Mike on 2/8/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/26/2024
Licensee: Miguel Rodriguez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the potential breach of Rule 4221—Alkalinization or use/administration of an Alkalinizing Agent (TCO2)—on Ipsum Gratus, who finished eighth at Penn National on 2/26/2024. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

Date: 02/24/2024
Licensee: Bernell Rhone, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Fury Cap, who finished third at Tampa Bay on 2/24/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

The post Weekly Rulings: March 22-27 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Maryland Commission Tosses Out Year-Old Bute Overages Due To Laboratory’s Loss Of Accreditation

On Feb. 1, nearly a year after the races were run, the Maryland Racing Commission ruled that John Salzman trainees Big Hambone (second at Laurel on Feb. 12, 2021) and Sick Pack Sara (winner at Laurel on March 13, 2021) would be allowed to retain their original placings despite testing positive for phenylbutazone, reports The Racing Biz.

The commission's reasoning? At the time each of the horses' samples were tested by Truesdail Laboratory, the lab had lost its accredited testing lab status for horse racing. The commission has since switched its testing to Industrial Laboratories.

“Through the testimony, it is determined that Truesdail Laboratory, at the time of this testing, was not appropriately or properly accredited,” Commission chairman Michael Algeo said. “Given that, it is the unanimous decision of this Commission that we cannot rely upon the test results that were provided by the Truesdail Laboratory since they were, in fact, not accredited.”

In Maryland, the non-steroidal anti-inflammatory commonly known as “bute” is permitted on race day at “not more than 0.3 micrograms per milliliter of the blood plasma.” Big Hambone's test showed a level of .399, while Sick Pack Sara's was .513 mcg per milliliter. Salzman contended that the two horses had been treated by his veterinarian between 48 and 55 hours prior to the race, which was his standard practice that had not previously yielded positive tests.

According to thoroughbredrulings.com, Salzman's record includes previous positive tests for clenbuterol (Maryland, 3/20/2010), dexamethasone (West Virginia, 10/7/2017; Maryland, 2/22/2019; Maryland, 6/23/2019; and Maryland, 6/5/2021), and phenylbutazone (Maryland, 7/31/2020).

Read more at The Racing Biz.

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NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case

The New York Racing Association, which will present its case to exclude trainer Bob Baffert  at a Jan. 24 disciplinary hearing, added to its “statement of charges” against the Hall of Fame horseman, referencing two additional medication violations in California in 2019, along with an investigator's report citing “25 different kinds of medications not properly labeled and expired” found in an unlocked medicine cabinet during an August 2019 search of Baffert's barn at Del Mar by the California Horse Racing Board.

NYRA, quoting from a CHRB Report of Investigation,  said Baffert reacted to the two 2019 violations – both for overages of the non-steroidal anti-inflammatory phenylbutazone – by saying “he thinks someone is intentionally giving Bute to his horses and mentioned that he would be offering a reward to help solve the case.”

It isn't known if anyone ever received a reward.

The two overages for Bute in California in 2019  are in addition to five medication violations for Baffert runners in three states between May 2, 2020, and May 1, 2021. Those violations included lidocaine positives for Charlatan and Gamine at Oaklawn in Arkansas on May 2, 2020, Charlatan in the G1 Arkansas Derby and Gamine in an allowance race. Both horses were disqualified, according to a stewards rulings, but the Arkansas Racing Commission reinstated their victories and merely fined Baffert. On July 25, 2021, Merneith tested positive at Del Mar for dextrorphan, and Baffert was fined $2,500. Gamine tested positive for a second time in 2020, this time for the corticosteroid betamethasone, after finishing third in the G1 Kentucky Oaks on Sept. 4. She was disqualified and Baffert fined $1,500.

The fifth failed drug test came on May 1, 2021, when Medina Spirit tested positive for betamethasone after finishing first in the G1 Kentucky Derby. The case has yet to be heard by Kentucky stewards, though Baffert's attorneys have said the positive test resulted from an ointment used to treat a skin rash and not from an injection of the drug.

The two Bute overages in 2019 were found days apart at Del Mar in Cruel Intention, who finished third on July 27, and Eclair, who finished fourth on Aug. 3.

A statement from NYRA said: “NYRA has amended its Statement of Charges issued against Bob Baffert to reflect additional facts, conclusions and details based on NYRA's ongoing investigation of Mr. Baffert's conduct. The NYRA Hearing Rules and Procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights. The hearing for Mr. Baffert is scheduled to begin on January 24, 2022.

“A designated hearing officer will ensure the proceedings are fairly and impartially conducted in accordance with NYRA's Hearing Rules and Procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition.”

The amended Statement of Charges also cites “public statements made by Mr. Baffert and others regarding Mr. Baffert's claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Kentucky Oaks and Kentucky Derby.”

Churchill Downs Inc. has excluded Baffert from stabling or racing at any of its facilities, including Churchill Downs in Louisville, Ky. The exclusion runs through the end of the 2023 spring meet at Churchill Downs. In addition, Baffert-trained horses are not eligible to win qualifying points in designated Road to the Kentucky Derby prep races.

NYRA attempted to ban Baffert shortly after he was excluded by Churchill Downs, but Baffert sued in federal court, saying he was denied due process. A judge ruled in his favor and NYRA established rules for the subsequent disciplinary hearing.

O. Peter Sherwood, a retired New York State Supreme Court justice, will serve as hearing officer in the Baffert matter.

The post NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case appeared first on Horse Racing News | Paulick Report.

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Third Class Four Medication Violation Of 2021 Filed Against Trainer Peter Miller

A class four medication violation complaint has been filed against trainer Peter Miller for the third time this year, reports the Thoroughbred Daily News.

His trainee Mr. Dougie Fresh tested positive for phenylbutazone after a breeze at San Luis Rey Downs training center on Sept. 19. Miller has not requested a split sample and is scheduled to appear before the California Horse Racing Board stewards.

The trainer's other class four (penalty category C) medication violations in 2021 include:

  • April 10: Miller was fined $500 for an Isoflupredone positive in Hembree, who won the seventh race at Santa Anita on Jan. 1.
  • Sept. 2: Miller was fined $1,500 for a phenylbutazone overage after a June 19 workout at San Luis Rey Downs, as well as .5 points in accordance with the CHRB's multiple medication violations rule.

Read more at the Thoroughbred Daily News.

The post Third Class Four Medication Violation Of 2021 Filed Against Trainer Peter Miller appeared first on Horse Racing News | Paulick Report.

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