New York State Gaming Commission: Paulick Commentary On Lack Of Medication Positives At NYRA Tracks Purposefully Misleading

The following letter was submitted by Robert Williams, executive director of the New York State Gaming Commission.

I am writing in response to your October 18, 2021 column “View from The Eighth Pole: Of Rulings and Squeaky Clean Racing.” I feel the obligation to object to your sarcastic characterization, which creates a purposefully inaccurate picture of the efficacy of drug testing in New York.

You wrote that you could “only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks … [and] zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks.” See https://www.paulickreport.com/news/ray-s-paddock/view-from-the-eighth- pole-of-rulings-and-squeaky-clean-racing/.

Limiting your data examination to such a narrow band suggests an intention to cast aspersions on the efficacy of the New York drug testing.

First, your analysis suggests New York does not have race day drug positives. If you banded your data over a more useful period – 10 years – you would have found 541 race day positives at all New York tracks. Second, examining only race day positives at New York Racing Association (NYRA) tracks (Aqueduct Racetrack, Belmont Park and Saratoga Race Course) during such 10-year look-back, you would have identified over 100 drug positives. Third, intentionally limiting your data set to NYRA racetracks enables you to purposefully ignore the seven Standardbred and other Thoroughbred racetracks in operation. The arithmetic illustrates over the last 10 years there have been over 160 race day positives at New York Thoroughbred tracks and over 370 race day positives at New York Standardbred tracks.

It is obvious to the most casual reader your intention was to mislead people in believing there has been one race day drug positive in two years. Your narrative disregards readily available data, misleading readers into believing that the New York Equine Drug Testing and Research Program (Laboratory) is either inept or negligent in its responsibilities.

I take great offense at your gratuitous shot at Laboratory director George Maylin, DVM, PhD. Even the most casual follower of equine drug testing is aware that Dr. Maylin developed many of the forensic equine drug testing techniques used worldwide. He has performed groundbreaking work in determining the presence of drugs that may affect the performance of equine athletes, including recently developing screening tests for:

  • • IOX-2, a new class of drugs that increases the body's own erythropoietin gene to produce more red blood cells. It accomplishes the same response as the administration of erythropoietin, or EPO. It is a performance enhancing drug and a gene doper.
  • • Clenpenterol, a beta-2 agonist with pharmacologic properties like clenbuterol which is not approved for use in horses.
  • • AH 7921, an experimental synthetic opioid with pharmacologic properties similar to morphine-like drugs, which is not approved in the United States for use in horses or humans.
  • • Kratom (mitragyna speciosa), a natural plant that contains the psychoactive alkaloid mitragynine that has opium-like analgesic effects and coca-like stimulant effects.
  • • Yellow Rocket (barbarea vulgaris), a plant that contains the alkaloid barbarin, which is used to metabolize bararin to aminorex, a central nervous system stimulant.
  • • Glaucine, an alkaloid with anti-inflammatory, antitussive, bronchodilator and central nervous system effects.

All of these research discoveries have been shared with other drug testing laboratories around the world and have been widely reported by the racing press.

While I am certain you are aware the Laboratory is one of only nine in the United States that have been fully-accredited by the Racing Medication & Testing Consortium (RMTC), you may not be aware what is necessary to obtain and maintain certification. The accreditation process begins with a document review of the laboratory's processes by an independent auditor with specific experience in horse racing laboratory operations. Once the documentation is reviewed, the laboratory must also submit to a multi-day site inspection by another independent assessor. As part of the accreditation requirements, laboratories are required to participate in an external quality assurance program that determines if laboratories have the capabilities required to detect substances of concern at the concentrations that are mandated by the RMTC model rule recommendations. All participating laboratories must also be ISO 17025-accredited to even apply.

To maintain RMTC accreditation, a laboratory must maintain its ISO 17025-accreditation and annually pass RMTC proficiency sample testing. Additionally, the Horseracing Testing Laboratory Committee of the RMTC also conducts a review of the Laboratory's funded research and internal laboratory development. This calendar year the HTLC found the Laboratory in good standing. In fact, since granting the New York Drug Testing and Research Program has remained in good standing for all its accreditations.

Your column also casts aspersions on Dr. Maylin's credibility, positing that the lack of recent positives at NYRA racetracks might be due to his using different criteria than laboratories in other racing states. You further state that “Maybe the [New York Laboratory] isn't very good.”

A quick look at the annual numbers finds race day positives in 2020 – a VERY anomalous year given the 40 percent reduction in racing dates conducted – for clenbuterol, flunixin, guaifenesin, methocarbamol, methylprednisolone, and phenylbutazone. In 2019 there were positives for adrenochrome monosemicarbazone, clenbuterol, clenpenterol, dexamethasone, flumethasone, flunixin, furosemide, guaifenesin, IOX-2, isoflupredone, methocarbamol, methylprednisolone, phenylbutazone, phenytoin, and propantheline.

Your commentary failed to note any of the above, I guess because it didn't fit your narrative about the lack of medication violations.

New York has been successful in identifying and punishing those who seek to cheat, but we understand that those with the propensity to use unlawful or illegal drugs persist. We appreciate the dedication and diligence of Dr. Maylin and the dozens of employees of the New York Equine Drug Testing and Research Program who are committed to ensuring the integrity of horse racing and protecting equine athletes participating in the sport.

Unfortunately, the Paulick Report prevents reader comments which limits our ability to directly shed light on your misstatements. I am hopeful, however, that this letter gets widespread attention so people can better understand your bias.

(Response from Ray Paulick: The Oct. 19 commentary accurately stated that only one drug positive has been prosecuted at New York Racing Association tracks in 2019, 2020 and 2021. I stand by the article as written.)

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The Week in Review: Feds: Even Those Sold It Did Not Know Contents of SGF-1000

This past summer, Michael Kegley Jr. and Kristian Rhein both pled guilty to felony drug adulteration and misbranding charges in the alleged international Thoroughbred doping conspiracy case. That means they'll avoid trials prior to their sentencings. But it doesn't mean that the voluminous cache of evidence that prosecutors would have used against them won't ever see the light of day.

In fact, just last week, the feds disclosed intriguing documentation about SGF-1000, the adulterated and misbranded purportedly performance-enhancing drug (PED) that was an elixir of choice for now-barred trainer Jorge Navarro, who admitted to injecting it into his horses when he pled guilty in August to one felony drug count. SGF-1000 allegedly also served as “juice” for fellow ruled-off conditioner Jason Servis, but he's still fighting his felony doping charges, even after being implicated by other defendants and allegedly being caught on intercepted phone calls discussing his wide-ranging use of PEDs.

The new intel about SGF-1000 arrived Nov. 15 in the form of a sentencing report for Kegley submitted by the government in advance of his Jan. 6 appearance in United States District Court (Southern District of New York), when he will learn his potential prison fate.

Both Kegley and Rhein are facing maximum three-year terms of incarceration. Rhein's sentencing is Jan. 5, and his report from the government is due Nov. 24.

Kegley is the former sales director for MediVet Equine, the Kentucky-based company that marketed and sold SGF-1000. Rhein is a now-suspended veterinarian formerly based at Belmont Park who has admitted that he and Servis were “leaders and organizers” of a network of associates who performed criminal actions related to doping. The feds also allegedly have Rhein taped on an intercepted phone call bragging that he sold “assloads” of SGF-1000 to racetrackers.

Soon after the arrests of 27 defendants on Mar. 9, 2020, we learned about Servis's alleged conversations with Rhein from June 2019 in which the trainer expressed fears that his purportedly doped MGISW Maximum Security would trigger a positive for SGF-1000. Rhein assured him Max wouldn't, because “they don't even have a test for it in America.”

And this past September, when prosecutors released a separate trove of wiretapped evidence, it was further disclosed that MediVet later in 2019 allegedly attempted to trick the Racing Medication and Testing Consortium (RMTC) into delisting SGF-1000 as a prohibited substance.

The government's sentencing submission from Nov. 15 fills in some previously unknown blanks about how SGF-1000 was marketed, pitched, and positioned during this time frame to maximize sales and avoid scrutiny.

$200 a bottle…but it worked

By the time SGF-1000 had landed in the crosshairs of federal prosecutors in early 2019, MediVet had already “reaped millions of dollars in revenue,” the court document stated. Part of the reason the company was able to rake in enormous profits had to do with bypassing the costs of the rigorous drug approval and registration process required by the Food and Drug Administration (FDA).

“Unlike legitimate drug manufacturers, MediVet spent no funds on studies to demonstrate to the FDA the safety and efficacy of SGF-1000,” the submission stated.

Working in tandem, Kegley and Rhein “both extolled the performance-enhancing benefits of the drug to racehorse trainers.”

Up until the spring of 2019, marketing material for SGF-1000 was routinely provided to purchasers and was readily available on MediVet's website. According to the government, its sellers emphasized “the potent effects of SGF-1000,” which were supposedly derived from “an innovative formulation consisting of Regenerative Proteins, Cytokines, Peptides, potent Growth Factors and Signaling Molecules derived from Ovine Placental Extract.”

The submission further stated that SGF-1000 was explained to trainers as being similar to a vasodilator that would “increase stamina, performance, and overall health.” The materials even listed the growth factors that were purportedly found in SGF-1000, including fibroblast growth factor and hepatocyte growth factor.

“Of course, many jurisdictions prohibited the use of such growth factors on racehorses, particularly where the growth factors are component parts of drugs that are not approved by the FDA, and administered solely to improve a horse's recovery and race performance,” the submission stated.

“Despite the advertised effects of, and ingredients in SGF-1000, the drug's appeal was rooted in the fact that it was undetectable in a horse's system through standard drug screens used in the racing industry, which Rhein repeatedly touted when discussing the drug,” the document continued.

The feds also alleged that despite what Kegley, Rhein, and other MediVet representatives claimed when they were parroting the company's marketing materials, no one pushing the product really had any accurate idea of what was in it.

“Notably, Kegley and his coconspirators did not know the precise contents of SGF-1000 until at least in or about August 2019–years after MediVet had started marketing and selling the drug,” the submission stated. “But [they] believed that no matter the component parts of the drug, it would enhance a horse's performance.”

So too, apparently did trainers. That's why they shelled out $200 a bottle for SGF-1000.

After Servis phoned Rhein on June 5, 2019, to allegedly tell him that Maximum Security had received a dose of SGF-1000 right before an unannounced drug test, “Rhein grew concerned regarding the potential for regulatory scrutiny of SGF-1000, and shared this concern with others at MediVet,” the sentencing submission stated.

The filing continued: “A few weeks later, on July 9, 2019,  Rhein and others affiliated with MediVet convened a conference call in which they discussed the potential for increased scrutiny of the drug. During that call, a participant mentioned that the federal government had prosecuted a racehorse trainer, Murray Rojas, for doping horses, citing it as an example of a case where drug use on racehorses had been pursued by governmental authorities beyond state racing commissions.

“Following the drumbeat of events indicating heightened suspicion of SGF-1000, Rhein and Kegley strategized regarding the best way to divert people's attention away from SGF-1000.

Rather than cease their sales of that drug, Kegley and Rhein instead discussed how they could tweak the labeling of SGF-1000, so as to make it appear innocuous,” the sentencing submission stated.

“You're right, it might help to re-brand it,” the feds allegedly recorded Kegley saying on a wiretap. “We won't mention the word 'growth factor' in any way shape or form…. We can even put on the box, you know, 'dietary supplement for equine.' That way it's not–no one even has to question if it's FDA-approved or not. It's strictly a supplement.”

RMTC Trickery

By the summer of 2019, the push was on at MediVet to try and convince the RMTC that this “supplement” was so harmless that it should be delisted as a banned substance.

“On August 8, 2019, a MediVet representative received a report from Industrial Laboratories reflecting a negative finding (at that time) for certain growth factors,” the court document stated.

Yet that same test did detect, among other prohibited substances, “low levels of acepromazine, levamisole, detomidine, pyrilamine, lidocaine, MEGX, xylazine, and caffeine.”

MediVet's reaction to this disturbing news?

According to the sentencing submission, it was “to request that the negative and positive findings be split into two separate reports. On Sept. 10, 2019, MediVet, through counsel, conveyed the negative findings to the RMTC, while withholding the positive findings.”

Around the same time, MediVet was feeling heat from regulators in New York who were zeroing in on SGF-1000 as an allegedly abused PED.

“In September 2019, MediVet's sales of SGF-1000 hit a significant hurdle,” the sentencing submission stated. “The New York Gaming Commission issued a notice in which it reiterated its longstanding prohibition against the use of growth factors and growth hormones on racehorses, but also specifically named SGF-1000 as a prohibited drug of the type that contained growth hormone or growth factors.”

Yet still, the court document explained, “Kegley and Rhein continued to market and sell SGF-1000” while MediVet “altered the promotional material for SGF-1000 to divert attention and mislead anyone who was unfamiliar with the prior marketing materials description of SGF-1000.”

So whereas the packaging and label for SGF-1000 in July 2019 described it as consisting of “regenerative placental proteins” and being “made in Australia,” by October the drug's description “had been altered to remove any reference to Australia, and was instead described as a 'homeopathic placental extract.'”

Yet by Oct. 14, 2019, MediVet had already learned “that a subsequent test of SGF-1000 did result in findings reflecting the presence of a specific growth factor,” the document stated.

And by the time Kegley and Rhein were arrested five months later, “the website for SGF-1000 had been scrubbed clean, removing any reference to growth factors, and much of the description regarding SGF-1000” itself.

“In short, even after Kegley and others at MediVet had reason to pause and take stock of the illegality of SGF-1000, they nonetheless continued to sell the drug,” the submission stated.

“With full knowledge that SGF-1000 was banned in New York, that a racehorse trainer had been criminally charged for doping, and that law enforcement was beginning to scrutinize the use of SGF-1000 specifically…Kegley and Rhein worked together and with others to deceptively label that drug, and to continue to sell the drug to those in the racehorse industry seeking a competitive advantage,” the document stated.

“Given the proliferation of websites that offer potent PEDs to those in the racehorse industry, similar to that operated by MediVet, a significant sentence is warranted to send a strong signal to others thinking of engaging in such criminality that there will be consequences for their crimes.

“Many actors in the racehorse industry have grown indifferent to, and dismissive of, the notion of obtaining illegal drugs to dope racehorses for profit, and assume that no serious ramifications will follow if they are ever caught,” the submission summed up.

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RMTC To Host Regulatory Veterinarian Continuing Education At Churchill In March

The Racing Medication & Testing Consortium (RMTC) will hold the 5th annual RegVet CE 2022, a veterinary continuing education program for racing regulatory veterinarians, at Churchill Downs Mar. 21-22.

With 18 hours of lectures and labs, in addition to interactive and hands-on sessions, the theme will be 'Infectious Disease and Movement of Horses.'

Internationally recognized experts including Peter Timoney FRCVS, PhD (University of Kentucky); David Horohov, PhD (University of Kentucky); Maureen Long, DVM, PhD, DACVIM (University of Florida); and Laurie Beard, DVM, DACVIM (Kansas State University) will be featured. The conference provides training directly related to the duties and responsibilities of the racing regulatory veterinarian in protecting the health and welfare of racehorses and supporting the integrity of competition.

“To have become established as an international source of quality education for these specialist veterinarians in such a short period of time validates the work of so many in assembling these events,” said RMTC Executive Director Dr. Mary Scollay. “We are grateful to all our stakeholder sponsors who invest in our regulatory veterinarians–and the safety and integrity of our sport–by supporting this program.”

Visit RMTCnet.com for more information.

The post RMTC To Host Regulatory Veterinarian Continuing Education At Churchill In March appeared first on Horse Racing News | Paulick Report.

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RMTC to Hold RegVet CE 2022 in March

The Racing Medication & Testing Consortium (RMTC) will hold the 5th annual RegVet CE 2022, a veterinary continuing education program for racing regulatory veterinarians, at Churchill Downs Mar. 21-22. With 18 hours of lectures and labs, in addition to interactive and hands-on sessions, the theme will be 'Infectious Disease and Movement of Horses.' Internationally recognized experts including Peter Timoney FRCVS, PhD (University of Kentucky); David Horohov, PhD (University of Kentucky); Maureen Long, DVM, PhD, DACVIM (University of Florida); and Laurie Beard, DVM, DACVIM (Kansas State University) will be featured. The conference provides training directly related to the duties and responsibilities of the racing regulatory veterinarian in protecting the health and welfare of racehorses and supporting the integrity of competition.

“To have become established as an international source of quality education for these specialist veterinarians in such a short period of time validates the work of so many in assembling these events,” said RMTC Executive Director Dr. Mary Scollay. “We are grateful to all our stakeholder sponsors who invest in our regulatory veterinarians–and the safety and integrity of our sport–by supporting this program.”

Visit RMTCnet.com for more information.

The post RMTC to Hold RegVet CE 2022 in March appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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