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ARCI Questions HISA’s Effectiveness in New Report; HISA Claims Report `Factually Inaccurate’

A staff report from the Association of Racing Commissioners International (ARCI) was issued today providing “data and a programmatic analysis HISA Programs after its first year,” with the conclusion that HISA has done little to deter the doping of racehorses or effect the catastrophic breakdown rate, according to a press release from the ARCI. HISA responded to the report, saying it was “riddled with factual inaccuracies and mischaracterizations.”

ARCI claims that after one year of being responsible for equine and racetrack safety in thoroughbred racing and six months responsibility for anti-doping and medication control, that HISA's “biggest success lies in common rules and drug testing.” Moreover, they claim, “HISA/HIWU Testing Labs have not found any new drugs that had not been found under the previous state based programs,” and “based on HIWU statements as to the extent of testing and HIWU website postings, it appears the rate of adverse analytical findings triggering regulatory review or action is roughly the same as the previous state-based program.”

The ARCI went so far as to say that, “the equine fatality rate remains small and results are mixed as to whether HISA has had any effect, either way.”

“HISA has just been made aware of the Association of Racing Commissioner International (ARCI) report released publicly today,” said a HISA spokesperson. “The report is riddled with factual inaccuracies and mischaracterizations as evidenced by data and information that is publicly available on the HIWU website. HISA remains focused on enforcing and improving upon its Racetrack Safety and Anti-Doping and Medication Control Programs to advance safety and integrity in the sport.”

ARCI said that the prepared the report in anticipation of being asked for it by state racing commissions. They also said that “HISA receives considerable help from State Racing Commissions who are expected to provide almost $18 million in funding or services in the coming year, and that “HISA's almost $81 million proposed budget for next year relies on the thoroughbred racing industry paying almost $60 million in assessments.”

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Assistants to Convicted Harness Trainers Avoid Prison in 2020 Doping Conspiracy Sentencings

Two assistants to a pair of already-convicted Standardbred trainers in the 2020 racehorse doping conspiracy scandal avoided prison terms beyond their time already served on Wednesday when a judge in United States District Court (Southern District of New York) sentenced them each to two years of supervised release and joint responsibility for monetary penalties. Both had cooperated with authorities in obtaining the convictions of others in the network, according to court documents.

Conor Flynn, who worked for the former trainer Richard Banca, pleaded guilty to one felony count of drug alteration and misbranding conspiracy, with two similar felony charges against him dropped, according to the court docket.

Brandon Simpson, who worked for the former trainer Renee Allard, pleaded guilty to one felony count of conspiracy to defraud the U.S. via drug alteration and misbranding conspiracy, the docket stated.

According to a pre-sentencing report filed by his counsel, Flynn “timely accepted full responsibility for his ill-advised actions in a horse doping scheme organized by his then-employer and direct supervisor, Richard Banca [and] Dr. Louis Grasso, a licensed veterinarian who treated horses trained by Banca.

“Although Conor participated in the scheme, he played a minor role. Conor did not devise the scheme. Conor did not profit from the scheme, did not expect to profit from the scheme, and did not receive a raise or bonus in exchange for his participation in the scheme,” Flynn's court filing continued. “Squarely put, Conor, an unsophisticated young man with only a high school diploma, who desperately wanted to move up into Banca and Dr. Grasso's prominent horse racing circle, simply got caught up in Banca and Dr. Grasso's culture of misdeeds, ill-gotten power, and greed.”

According to a pre-sentence report filed by his counsel, Simpson admitted that he “assisted Mr. Allard in administering performance-enhancing drugs on a day of a race to enhance a horses race performance. In addition, Mr. Simpson also assisted in obtaining prescription drugs that were obtained without valid prescriptions, and those drugs were administered to racehorses in violation of the applicable racing rules and regulations.

“Significantly, Mr. Simpson does not hide from his illegal conduct. In fact, it is quite the opposite,” Simpson's court filing continued. “Mr. Simpson, after being contacted by authorities, agreed to cooperate with federal agents and prosecutors in an attempt to assist them in their efforts against other individuals and he did so knowing that it was the right thing to do in order to help in some way to right his wrongful behavior.”

The judgment on the court docket stated that Flynn must pay $16,220,794 in restitution that is “joint and several” with Bianca and a $129,975 forfeiture that is “joint and several” with Grasso.

Simpson's judgment stated that he must pay $31,435,782 restitution that is “joint and several” with Grasso and a $628,553 forfeiture that is “joint and several” with Allard.

Grasso in 2022 got sentenced to 50 months in federal prison. Banca was sentenced to 30 months. Allard got 27 months.

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Wests Say They Will Support Saudi Cup Redistribution

Gary and Mary West have released a statement saying that they will support a redistribution of the purse of the $20 million Saudi Cup. The statement was made via the Twitter account of Werk Thoroughbred Consultants, of which the Wests are longtime clients.

Maximum Security won the $20 million Saudi Cup in 2020, just days before Jason Servis was named in a criminal indictment along with 26 others for a “widespread, corrupt scheme by racehorse trainers, veterinarians, PED distributors and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses under scheme participants' control,” by the U.S. Attorney's Office for the Southern District of New York. Servis pleaded guilty to those charges in court Friday, and is expected to serve four years in prison.

“We believe in the justice system and have patiently waited for the legal prosecution to take its course. Now that Jason Servis has entered a guilty plea, we want to make it clear that if the Saudi Cup decides to redistribute the purse, we would support that decision. Hopefully, that action will prevent future conduct of this nature. We believe the decision to take the Saudi Cup purse from Maximum Security and redistribute it is the correct one. There will be no further statements or comments.” The statement was signed `Gary and Mary West.'

WTC's Sid Fernando posted the statement on @sirewatch, the company's Twitter account, Friday night at 11:46 p.m. with a note that said, “WTC clients Gary and Mary West have asked us to release this statement regarding the guilty plea of Jason Servis, who trained the Wests' homebred Maximum Security.”

The payment, or non-payment, of the 2020 Saudi Cup purse has long been a source of contention, with Maximum Security's owners crying foul that they did not receive the purse money after the allegations against Servis. The rest of the field was paid their share of the purse, but Maximum Security's $10 million payment was withheld. “We are sort of in a hold position now waiting for the U.S. authorities to move forward with that case,” said Prince Bandar on behalf of the Jockey Club of Saudi Arabia at the 2021 Saudi Cup.

Midnight Bisou was the runner-up in the race, with Benbatl third, Mucho Gusto fourth, and Tacitus fifth.

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Giannelli Appeals Conviction, 3 1/2-Year Sentence

Lisa Giannelli, who was sentenced to 3 1/2 years in prison Sept. 8 after being found guilty of peddling purportedly performance-enhancing drugs as a years-long protégé under the recently convicted drug-dealing veterinarian Seth Fishman, filed a formal notice of appeal for both her conviction and sentence in federal court Sept. 21.

Giannelli, 56, of Dalton, Delaware, was also ordered to pay a fine of $100,000 and to forfeit $900,000.

“This was not a one-time thing,” Judge Mary Kay Vyskocil of U.S. District Court (Southern District of New York) said at the time of sentencing. “For 18 years, Ms. Giannelli marketed and sold what she knew were illegal and powerful performance-enhancing drugs.”

Fishman, who was sentenced to 11 years in prison on July 11 after two felony drug-supplying convictions in a decades-long international racehorse doping conspiracy, has also appealed his conviction and penalties.

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