The Week in Review: After a Nightmare, Ray Handal Returns to the Winner’s Circle

It was just a claiming race, but when Ray Handal was standing in the Saratoga winner's circle Friday after a win by his Thinkaboutit (Upstart) in the day's eighth race, he was overcome with emotion. It was a victory he will never forget, understandable considering what he had just been put through.

“A short time before that, I didn't know if I'd ever be in the winner's circle again,” the 34-year-old trainer said. “To come back and win with a horse who we didn't have much in the way of expectations for and win in that kind of fashion, especially in Saratoga, was a special win. I felt like I had won a graded stakes race.”

In the moment, everything seemed normal again. His barn was full, he had just won a race in Saratoga and his reputation as one of the best young trainers on the NYRA circuit was in tact. But there was nothing normal about the first five days of July when Handal was issued a provisional suspension issued by the Horseracing Integrity Unit (HIWU), which meant he faced what could have turned into a career-crippling permanent suspension of up to two years.

“My world was ending,” he said.

Toward the end of training hours on June 30, he was approached at his barn by members of the HIWU team. He was told that a horse he trained named Barrage (War Dancer) had tested positive for a banned substance called Zeranol after finishing second in an optional-claiming allowance at Belmont May 28. Under HIWU rules, when a trainer has a positive test for anything on the banned substance list, they are suspended almost immediately, before a split sample can be reviewed and before the charged trainer is allowed to have a hearing. Handal's suspension began July 1.

He had been suspended and evicted from the grounds. He had to turn his horses over to someone else and faced having to spend two years on the sidelines. Under HIWU's policy of suspend now, ask questions later, it was unclear what could be done to overturn the suspension and how long that process might take. Handal feared the worst.

“It was horrible,” he said. “It felt like you just got a letter from the doctor saying you've got cancer and you've only got a few months to live. My heart dropped. I wasn't sad, upset or mad. I was in shock. I didn't know how to react.”

Handal was sure that he didn't do anything wrong. He had been training since 2014 and the worst thing on his record was a $500 fine issued by the Delaware Thoroughbred Racing Commission when a horse of his tested positive for Phenylbutazone and Flunixin. He said he didn't even know what Zeranol, which is synthetic nonsteroidal estrogen, approved for use to promote growth in livestock, including beef cattle, was.

“I have always played by the rules and I take pride in that. I care about my horses,” he said.

Handal turned to lawyer Clark Brewster, who, in racing circles, is best known for defending Bob Baffert through his many ordeals with Churchill Downs, NYRA and the Kentucky Horse Racing Commission. Brewster quickly came up with an explanation as to how the Zeranol got into the horse's system. After receiving a report from UC Davis, which tested the horse, Brewster saw that there was also a finding of Zearalenone, a common feed contaminant. He said that, therefore, mycotoxins in the feed had caused the positive. Handal, he argued, could not be blamed for having contaminated feed. HIWU agreed. On July 5, the provisional suspension was lifted.

Handal's nightmare was over. Thinkaboutit was his third starter and his first winner since the suspension was overturned.

The case may be over, but questions remain. Before HIWU took over the process of drug testing and issuing fines and suspensions after a positive has occurred, Handal's case would have been treated differently. This would have been handled by the New York Gaming Commission and it would have allowed Handal to have a hearing before a suspension could go into effect. Presumably, Brewster could have presented his findings at that hearing, the Gaming Commission would have accepted that the positive was the result of environmental contamination and Handal would not have been sanctioned and the original positive would not have been reported. He wouldn't have been put through four days of hell.

“They are shooting first and asking questions later and that needs to be addressed,” he said. “I don't know if specifically HISA and HIWU is trying to attack horsemen. But when this was planned out, it might have seemed ok on pen and paper, but, in action, it really doesn't work.”

He hopes that HIWU will reconsider the policy of issuing provisional suspension immediately after the finding of a banned substance comes in and before someone can have a hearing. HIWU showed that it can be flexible when it announced last week that there will be a lesser set of penalties going forward when a trainer violates rules regarding inter-articular injections.

“They have already revised some rules, so it doesn't seem like they are so close minded that they won't be open to making changes,” Handal said. “And they listened to our case. At the end of the day, they could have dragged it out, but they reacted quickly and swiftly and realized that it should have been handled as an atypical finding. They corrected themselves right away.”

Being a trainer in Saratoga can be challenging, especially if you're not named Chad Brown or Todd Pletcher. Handal won just four races at the meet last year, and, while his stable is improving every year, he's won just one graded stakes race. He's got that to worry about. But a two-year suspension that hung over his career when it appeared that he did nothing wrong, that is no longer an issue and he's winning races again. He will gladly take it.

Saratoga Handle Declines Sharply Over First Three Days

While it's far too early to panic, business at Saratoga was slow over the first three days of the meet. After the track broke records for total handle for the meet in 2022 and 2021, could Saratoga's numbers finally be evening out?

A total of $65,527,927 had been bet on the meet through Saturday. That's a decline of 21.3% from 2022 when $83,241,031 was wagered through the comparable period.

As far as the first two days of the meet go, there were extenuating circumstances. On opening day, NYRA had to speed up post times in order to get the card in before a storm struck. That could have been why handle was off 6.2%. On Friday, the races were washed off the turf, and handle was, understandably, dismal. They bet $13,366,687 on the card, a 45.2% decline from 2022.

The real concern is the numbers posted Saturday, when an 11-race card included three graded stakes and the races stayed on the turf. In what looks like an apples-to-apples comparison to 2022, the handle was $31,744,186. That's a 14.4% decline from 2022 when $37,068,005 was bet on the card.

And don't blame the Chad Brown factor in the GI Diana S. Brown had four of the five starters in this year's field, which some argued made it an unappetizing betting race. In 2022, Brown had four of the six starters.

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Weekly Stewards And Commissions Rulings, June 27-July 3

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.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

New York
Track: Belmont Park
Date: 06/27/2023
Licensee: Manuel Franco, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Manuel Franco is hereby suspended (3) NYRA racing days July 7th 2023, July 8th 2023, July 9th 2023 inclusive. This for careless riding during the running of the second race at Belmont Park on June 22nd 2023.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.
This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.
One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule
Belterra Park
William Vernon Bush – violation date June 29; $500 fine and one-day suspension, 13 strikes

Los Alamitos
Tiago Pereira – violation date June 25; $250 fine and one-day suspension, 7 strikes
Abel Cedillo – violation date July 1; $250 fine and one-day suspension, 7 strikes
Erick Garcia – violation date July 1; $250 fine and one-day suspension, 7 strikes
Cesar Ortega – violation date July 2; $250 fine and one-day suspension, 7 strikes
Edgar Payeras – violation date July 2; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations
Date: 06/09/2023
Licensee: Douglas Nunn, trainer
Penalty: Pending
Alleged violation: Intra-articular Injection violation
Explainer: For the use of an intra-articular injection on Smithwick's Spice, who won at Delaware Park on 6/9/23, within 14 days prior to Post-Time. This is a possible violation of Rule 3313—Use of a Controlled Medication Method in relation to a Covered Horse during the Race Period. This is also a possible violation of Rule 4222—Intra-articular Injection within 14 days prior to Post-Time.

Date: 06/04/2023
Licensee: McLean Robertson, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Johnny Up, who won at Canterbury Park on 6/4/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 06/01/2023
Licensee: Jonathon Wong, trainer
Penalty: Provisional suspension
Alleged violation: Medication violation
Explainer: For the presence of Metformin—a banned substance—in a sample taken from Heaven and Earth, who won at Horseshoe Indianapolis on 6/1/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.
Read more on the story here.

Date: 05/28/2023
Licensee: Ricardo Legall, trainer
Penalty: Pending
Alleged violation: Medication violations
Explainer: For the presence of Levamisole—Controlled Medication (Class B)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.
For the presence of Dimethylsulfoxide—Controlled Medication (Class C)—in a sample taken from Merchants of Cool, who finished fifth at Belmont Park on 5/28/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 05/28/2023
Licensee: Ray Handal, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Zeranol—a banned substance—in a sample taken from Barrage, who finished second at Belmont Park on 5/28/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers. Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn.
Read more on the story here.

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Ray Handal’s Suspension Lifted by HIWU; Feed Toxin Blamed

After considering the findings submitted by attorney Clark Brewster, the Horse Racing Integrity and Welfare Unit (HIWU) has lifted the provisional suspension imposed on trainer Raymond Handal on Saturday, July 1 after a test detected the presence of Zeranol and Zearalenone in the urine sample taken from his horse, Barrage (War Dancer), May 28 at Belmont Park.

“Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn,” reads the notice on HIWU's website.

Rule 3247(e) reads simply, “(e) If it considers it appropriate to do so on the specific facts of the case, the Agency may lift the Provisional Suspension.”

Brewster argued that UC Davis's finding that Zearalenone, a common feed contaminant, was also in the sample, pointed to the fact that mycotoxins in the feed had caused the positive. He provided HIWU with documentation supporting his claims.

“I'm pleased,” said Brewster, “It's great when you have the kind of transparency and applications of rules that most scientists are trying to see. I don't think the provisional suspension was warranted, but the rules for HISA and HIWU are written very directly without a lot of discretion. I have to hand it to the lab at UC Davis on pointing out the atypical finding and I'm pleased that when we supplied the literation and our position that the HIWU folks took it seriously, reviewed it and made the right decision.”

Brewster said that he hoped that this case would provide a blueprint for future situations like this, and help to foster common-sense solutions.

“I think it will be helpful as we work through these rules and understand some of the exceptions and interpretive points,” Brewster said. “For now, they did what the rules required them to do. They found a prohibited substance, issued a provisional suspension, and then said the positive came from a feed toxin and did what they had to do.”

“With his provisional suspension lifted today by HIWU, trainer Ray Handal is once again able to fully participate in all training and racing activities at NYRA tracks,” said NYRA's Vice President of Communications Patrick McKenna.

 

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Raymond Handal Provisionally Suspended After Alleged Positive Test for Zeranol

Trainer Raymond Handal has been provisionally suspended by the Horse Racing Welfare and Integrity Unit after his horse Barrage (War Dancer) allegedly tested positive for the banned substance zeranol after finishing second in an optional claiming allowance at Belmont May 28.

Handal's provisional suspension starts July 1. Under the regulations, Handal has the right to request a provisional hearing and the analysis of the B sample, but must do so by July 5.

The ruling was posted on the HIWU website Saturday morning. No further details were given.

Zeranol is a synthetic nonsteroidal estrogen, approved for use to promote growth in livestock, including beef cattle. It is sold under the brand name Ralgro by Merck Animal Health in the U.S. It is used to increase weight gain and improve feed efficiency. According to the U. S. Anti-Doping Agency (USADA), zeranol is banned in humans due to its presumed anabolic effect, and appears on the World Anti-Doping Agency's prohibited list.

Handal has won 28 of 130 races in 2023, good for a win percentage of 22%, and his horses have earned just over $1.5 million. He is currently seventh in the Belmont Park leading trainer standings, with 12 wins from 42 starts.

“NYRA has been alerted via HIWU that a horse under the care of trainer Ray Handal has tested positive for the banned substance Zeranol,” said NYRA Vice President of Communications Patrick McKenna. “According to HISA rules, Handal is now under a provisional suspension nationally and cannot participate at NYRA tracks effective today.”

Handal's suspension comes under HISA rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

A first-offense violation of rule 3212 carries up to two years suspension and up to $25,000 or 25% of the total purse (whichever is greater), and payment of some or all of the adjudication costs and HIWU's legal costs.

Handal had two horses entered at Belmont Park Saturday; Certified Loverboy (Mendelssohn) in the fifth race and Daddy Knows (Scat Daddy) in the seventh. He had also entered Promiseher America (American Pharoah) in the GIII Delaware Oaks. Those horses have been scratched.

This story will be updated.

 

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