Weekly Rulings: March 28-April 2

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 Jorge Diaz has been suspended a total of 37 days and fined $3,500 for two separate violations.

Diaz was suspended for 30 days after his trainee, Melina's Dream, tested positive for an alkalinizing agent (TCO2) after finishing seventh at Parx Racing on Jan. 3. High total carbon dioxide (TCO2) levels could be an indication of bicarbonate loading–or milkshaking–which can neutralize the build-up of lactic acid in muscles, thereby helping the horse's performance.

Diaz was also suspended an additional seven days due to another trainee, Celtic Treasure, testing positive for Xylazine–a Class B controlled medication used as a sedative or analgesic–after running at Parx Racing on the same day. More detailed explanations of the rulings are currently unavailable on the Horseracing Integrity and Welfare Unit's (HIWU) website.

The new rules on intra-articular injections are still catching a noticeable number of trainers off guard.

Trainer Elliot Sullivan has been suspended for 30 days and fined $2,500 for giving an intra-articular injection within 14 days of a race. Two other trainers–Philip Serpe and Rohan Crichton–have each been fined $3,000 for joint injections within seven days of a timed workout.

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: 04/01/2024
Licensee: Bernell Rhone, 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. Admission.
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 was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 04/01/2024
Licensee: Jorge Diaz, trainer
Penalty: 7-day period of Ineligibility for Covered Person, beginning on May 2, 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. Admission.
Explainer: For the presence of Xylazine–Controlled Medication (Class B)–in a sample taken from Celtic Treasure, who did not finish a race at Parx Racing on 1/3/24 (according to Equibase, Celtic Treasure was “injured in the early stages, pulled up and vanned off”). 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: 04/01/2024
Licensee: Jorge Diaz, trainer
Penalty: 30-day period of Ineligibility for Covered Person, beginning on April 2, 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 $2,500; imposition of 3 Penalty Points. Admission.
Explainer: For the potential breach of Rule 4221–Alkalinization or use/administration of an Alkalinizing Agent (TCO2)–on Melina's Dream, who finished seventh at Parx Racing on 1/3/2024. This was also a possible violation of Rule 3313–Use of a Controlled Method During the Race Period.

Resolution Date: 03/29/2024
Licensee: Philip Serpe, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Itsallcomingtogetha. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/29/2024
Licensee: Elliott Sullivan, trainer
Penalty: 30-day period of Ineligibility beginning on March 30, 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 $2,500; 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, My d'Valentine. This was also a possible violation of Rule 4222–Intra-Articular Injection Within Fourteen Days (14) Days Prior to Post-Time.

Resolution Date: 03/27/2024
Licensee: Blaine Wright, 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. Admission.
Explainer: For the presence of Betamethasone–Controlled Medication (Class C)–in a sample taken from Wodeton, who won at Golden Gate on 1/19/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Resolution Date: 03/27/2024
Licensee: Randy Preston, 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. Admission.
Explainer: For the presence of Flunixin–Controlled Medication (Class C)–in a sample taken from Sharp Life, who finished fourth at Mahoning Valley on 02/20/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/27/2024
Licensee: Gary House, 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 Callas, who won at Tampa Bay on 2/11/24. 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: 03/27/2024
Licensee: Rohan Crichton, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Fighter in the Win. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Pending ADMC Violations
Date: 02/24/2024
Licensee: Sal Gonzalez, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medication (Class C)–in a sample taken from Mentirosa on 3/1/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Date: 03/01/2024

Licensee: Gustavo Rodriguez, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Glycopyrrolate–Controlled Medication (Class C)–in a sample taken from Flint Ridge on 3/1/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/28/2024
Licensee: Mary Pattershall, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Dimethyl Sulfoxide (DMSO)–Controlled Medication (Class C)–in a sample taken from Shanghai Mike on 2/28/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/31/2024
Licensee: Arnaud Delacour, trainer
Penalty: Pending
Alleged violation: Vets' list medication violation
Explainer: For the presence of Acepromazine–Controlled Medication (Class B)–in a sample taken from J Rivers on 1/31/24. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 03/13/2024
Licensee: Robertino Diodoro, trainer
Penalty: Provisional suspension
Alleged violation: Possession of banned substance
Explainer: For the possible possession of Levothyroxine (Thyro-L). This is a possible violation of Rule 3214(a)–Possession of Banned Substances.
Read more on the story here.

Date: 03/04/2024
Licensee: Miguel Hernandez, 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, Arizona Andrew. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/14/2024
Licensee: Odin Londono Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Private Drive, who won at Mahoning Valley on 2/14/24. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 02/13/2024
Licensee: Carlos Lopez, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine–a banned substance–in a sample taken from Major Lopez, who won at Mahoning Valley on 2/13/24, as well as from Emperor's Gold, who was second at Mahoning Valley on 2/13/24. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

VIOLATIONS OF CROP RULE
One important note: HISA's whip use limit is restricted to six strikes during a race.

GOLDEN GATE FIELDS
Francisco Alvarado–violation date March 30; $250 fine and one-day suspension
SUNLAND PARK
Felipe Sanchez Valdez–violation date March 28; $250 fine and one-day suspension

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Crichton Says Keeneland Will Not Accept Entry for Spinster

Trainer Rohan Crichton said he has given up on his attempts to run Bajan Girl (Speightstown) in Sunday's GI Juddmonte Spinster S. at Keeneland after being told he would not be allowed to enter.

Crichton is one of five trainers recently suspended by Gulfstream officials after it was found that they were violating house rules regarding clenbuterol. He is in the midst of serving a 30-day suspension and cannot run at any of the tracks owned by The Stronach Group. However, a suspension issued by a racetrack is not reciprocal and, unlike a suspension coming from a regulatory agency, does not have to be honored elsewhere.

The TDN was unable to reach anyone from Keeneland Wednesday night to conform that Bajan Girl cannot run in the race.

“We are not running at Keeneland,” Crichton said. “I'll just sit back now and let the whole process play itself out. One day, we'll be able to look back.”

Crichton said he understood why Keeneland took the position that it did.

“I think the bad publicity around this whole thing caused them to do what they did,” Crichton said. “I understand. It's not their fight and they didn't cause this. It is what it is.”

Earlier in the week, Crichton listed Sunday's GII Beldame S. at Belmont as another possibility for his filly, but he said he would not attempt to enter that race either. When asked to clarify NYRA's position on Bajan Girl, NYRA said that it will discourage any trainer under suspension at Gulfstream from entering races at Belmont.

“NYRA is reviewing the action taken by 1/ST to suspend a group of trainers for violating house rules at Gulfstream Park,” said NYRA spokesman Patrick McKenna. “As that process continues, NYRA is requesting that these trainers immediately refrain from running horses at NYRA tracks for the duration of the suspension imposed by 1/ST. Should those trainers not honor this request, then NYRA will consider a number of options to determine if additional sanctions are warranted.”

Bajan Girl would have been a double-digit longshot in either the Beldame or Spinster. She's never won a stakes race and is coming off a a fourth-place finish in the Love Sign S. at Colonial Downs.

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Keeneland to Review Status of Crichton-Trained Runner for Spinster

Having been suspended at Gulfstream for allegedly violating rules regarding the use of clenbuterol, trainer Rohan Crichton may not be able to run his filly Bajan Girl (Speightstown) in the GI Juddmonte Spinster S. to be run Sunday at Keeneland.

Keeneland released a statement Tuesday indicating that it is considering its options.

“We are in the process of obtaining information regarding the reported suspensions from Gulfstream Park so Keeneland is in a position to make an informed decision about race entries,” it read. “As you know, and as is clear from our actions for 85 years, Keeneland continues to work in furtherance of our mission to perpetuate the best in Thoroughbred racing, which definitely includes fair competition and integrity.”

“Right now she's being trained towards her next start,” Crichton told the Daily Racing Form. “Preferably we'll be able to run her in the Spinster. Our second option is the Beldame. I've been very forthcoming with Keeneland and have asked if they will take my entry. There is also the possibility they would let my owners enter her with one of the other trainers they use in Kentucky.”

The Spinster is a “Win and You're In” race for the GI Breeders' Cup Distaff.

So far as the GII Beldame S. at Belmont, also scheduled to be run Sunday, goes, NYRA spokesman Pat McKenna said the matter is under review.

It was announced last week by Gulfstream that Crichton was among five trainers that were suspended after they were found to be in violation of house rules at the Florida track regarding the use of clenbuterol. The others were Georgina Baxter, Daniel Pita, Peter Walder and Gilberto Zerpa. The finding came after out-of-competition testing, which included hair and blood samples, was performed.

Crichton was suspended by Gulfstream and not by the Florida Division of Pari-Mutuel Wagering, which means his status is not clear cut. Unlike a suspension issued by a racing commission, a suspension by one racetrack does not have to be upheld by another. However, as first reported by the Paulick Report, there is a clause in the Keeneland condition book listed under “special notices” that appears to cover the Crichton situation. It reads: “At the discretion of the stewards, and without notice, the entries of any person, or acceptance or transfer of any entries, may be refused.”

Keeneland's barn notes on Sunday and Monday listed Bajan Girl as a probable starter in the Spinster. Tuesday's notes did not include her name among a list of potential starters.

Owned by Robert Slack and Daniel Walters, Bajan Girl was fourth in the Love Sign S. at Colonial Downs in her most recent start and is three-for-13 lifetime.

A native of Jamaica, Crichton was the leading trainer at the 2020 Gulfstream Park West meet. He is 33-for-161 on the year for a winning percentage of 20%.

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Suspended At Gulfstream Park, Trainer Rohan Crichton Hoping To Run Filly In Keeneland’s Spinster

Trainer Rohan Crichton, suspended by Gulfstream Park management for alleged violations of house rules restricting the use of clenbuterol, said he is awaiting word  from officials at Keeneland on whether his 4-year-old stakes-placed filly Bajan Girl can enter the Grade 1, $500,000 Juddmonte Spinster Stakes Oct. 10 at the Lexington, Ky., track. The Spinster is a Breeders' Cup Challenge Series Win and You're In race granting a fees-paid berth in the Grade 1 Breeders' Cup Distaff, to be held at Del Mar on Nov. 6.

“I will run if they let me,” Crichton told the Paulick Report on Tuesday, “but they haven't told me yet if they'll let me.”

The suspension of Crichton, along with trainers Georgina Baxter, Daniel Pita, Peter Walder and Gilberto Zerpa, came on Oct. 1 after horses in their stables had hair and blood samples tested out of competition. Clenbuterol was detected in 12 horses from the five trainers in violation of Gulfstream Park house rules. Horses from five other stables tested clean.

Because Florida does not have a racing commission, many regulations governing the sport are done via a track's house rules. Included in Gulfstream's house rules are the regulations on use of clenbuterol, a bronchodilator that can have anabolic steroidal affects on horses.

Unlike rulings from a racing commission or board of stewards, suspensions under house rules, more accurately called exclusions under a track's private property rights. are not automatically reciprocated from state to state. For example, though trainer Bob Baffert was notified of a two-year suspension by Churchill Downs officials after Medina Spirit's positive test for betamethasone in this year's Kentucky Derby, Baffert has not been denied entries in California.

Keeneland's media notes on Sunday and Monday listed Bajan Girl as “probable” to run in the Spinster, but on Tuesday her name was not on the list of probable starters.

A statement on the matter from Keeneland said: “We are in the process of obtaining information regarding the reported suspensions from Gulfstream Park so Keeneland is in a position to make an informed decision about race entries.  As you know, and as is clear from our actions for 85 years, Keeneland continues to work in furtherance of our mission to perpetuate the best in Thoroughbred racing, which definitely includes fair competition and integrity.”

Keeneland's Fall 2021 Condition Book contains a clause under “special notices” stating, “At the discretion of the stewards, and without notice, the entires of any person, or acceptance or transfer of any entries, may be refused.”

A 4-year-old filly by Speightstown owned by Robert Slack and Daniel Walters, Bajan Girl is winless in five starts this year and is 3-for-13 lifetime. Two starts back she finished second in the Grade 3 Molly Pitcher Stakes at Monmouth Park. She most recently breezed a half mile in :47.75 on Oct. 3 at Gulfstream Park.

Entries for the Spinster are taken on Thursday.

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