Tag: The Biz

In order to protect the integrity of horse racing in Ontario and prioritize the wellbeing and safety of horses, the Alcohol and Gaming Commission of Ontario (AGCO) has suspended the licence of Standardbred trainer Anthony Beaton, for two years.

On October 13, 2023, the AGCO received information that Mr. Beaton had engaged in conduct which compromised equine safety and/or welfare. The AGCO subsequently immediately suspended Mr. Beaton's horseperson license pending a final determination of his eligibility for a license.

Information obtained over the course of an AGCO inspection revealed that Mr. Beaton had excessively used a whip on a yearling he was training, thereby committing an act of cruelty and engaging in misconduct which is prejudicial to the best interest of racing, which are violations of the Rules of Standardbred Racing. Mr. Beaton's horseperson license has now been fully suspended for two years, from October 13, 2023 to October 12, 2025.

A licensed horse racing participant issued a Ruling under the Rules of Racing has the right to appeal the AGCO's action to the Horse Racing Appeal Panel (HRAP) which is an independent adjudicative body mandated to hear appeals of decisions.

“The AGCO holds horse racing participants to the highest standards of conduct, particularly those responsible for the care and training of horses,” said Dr. Karin Schnarr, Chief Executive Officer and Registrar – AGCO. “The integrity of racing lies in safeguarding the health and welfare of horses and protecting the safety of individuals.”

The post Act Of Cruelty: Ontario Commission Suspends Standardbred Trainer Anthony Beaton Two Years appeared first on Horse Racing News | Paulick Report.

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The Horseracing Integrity and Welfare Unit has suspended trainer Reed Saldana 24 months with a $25,000 fine after he lost an arbitration over his trainee Ice Queen testing positive for the vasodilator diisopropylamine, according to the public disclosures section of the website for HIWU, the enforcement arm of the Horseracing Integrity and Safety Authority (HISA).

Saldana has also been ordered to pay $12,000 toward HIWU's arbitration cost (he was already responsible for his share of the cost), and Ice Queen was disqualified from her third-place finish in a June 16 starter allowance at Santa Anita Park.

The Los Alamitos-based Saldana was notified about the positive test on July 6, the same date on which a provisional suspension was imposed, and he initially opted to waive a B Sample analysis. When changes to the provisional suspension rule were announced on July 28, Saldana took advantage of a second opportunity to have the B sample analyzed; his provisional suspension was lifted on July 29, and reinstated upon confirmation of the positive in the B sample on Aug. 30.

A hearing was held on Nov. 1 in front of arbitrator Jeffrey Benz, Esq. Saldana's arguments included allegations that hand sanitizer containing the prohibited substance was found in the test barn, that there were chain of custody issues during the testing process, and that diisopropylamine is not a vasodilator but is a “secondary amine.”

The trainer also submitted the following statement for consideration: “The evidence HIWU has presented is very lacking. NO integrity, NO security, NO proof that the urine sample actually was collected properly, stored correctly or even transported securely. This urine sample MUST be INADMISSIBLE and case needs to be dismissed, to continue to proceed is just a travesty. We are in a country where we are innocent until proven guilty beyond a reasonable doubt and the evidence shows no proof of guilt. HIWU has failed to demonstrate Burden of Proof in this matter. HIWU has claimed that Diisopropylamine is a vasodilator when in fact by scientific proof it is not, it is an amine. These false claims and misclassification by [the Horseracing Integrity and Safety Act] of Diisopropylamine have cost me my livelihood, has caused stress, emotional, monetary and repetitional damage that I can't ever get back, to continue would just be injustice.”

The arbitrator's conclusions countered all of Saldana's claims.

1. Hand sanitizer allegation: “Saldana also advanced a theory that hand sanitizer used by the DCO could have caused the positive result found in the Sample because hand sanitizers often contain the prohibited substance found here. He adduced no evidence on this point, and HIWU's evidence to the contrary was compelling. First, the evidence was unrefuted that the hand sanitizer used in the testing barn and all relevant areas for the Sample's journey to the refrigerator and the next day to the laboratory did not contain the Diisopropylamine. Second, the evidence was unrefuted that the DCO did not use hand sanitizer and instead used surgical gloves when collecting samples. Third, HIWU's expert Dr. [Lara] Maxwell testified, on an unrefuted basis, that the active ingredient in hand sanitizer is ethanol and had the horse been contaminated with hand sanitizer not only would it have required a large amount of hand sanitizer to yield the levels of Diisopropylamine found here but ethanol would also have been found in the sample and it was not found here. Accordingly, the Arbitrator finds that hand sanitizer contamination was simply not possible here, and certainly not at all likely.”
2. Chain of custody issues: “Saldana argues that alleged errors made in collecting and analyzing Ice Queen's Sample should result in its disqualification. His allegations are vague and unparticularized. The only specific alleged deficiency in the sample collection or custody for Ice Queen was that the Nominated Person was prevented from seeing the collection of Ice Queen's urine. […] There were no irregularities or departures from the relevant standards or procedures with regard to any aspect of Ice Queen's Sample. Contrary to Mr. Saldana's bald assertion that there is “no proof” that the Sample was collected and stored properly and transported securely, the Sample collection was documented, the Sample was sealed and remained sterile and securely locked when not being handled, and the Sample's chain of custody was recorded. Mr. Saldana advanced no evidence to the contrary in his written submissions and did not point to any specific alleged “tampering” in the Sample's chain of custody or otherwise.”
   • “Saldana also argued at the hearing that the chain of custody form used for the Samples by HIWU has ambiguous language on it relating to the time when the Sample was received and when it was placed in the refrigerator. […] HIWU could certainly do a better job of ensuring that the written chain of custody documentation is clearer and that the labs are required to uniformly handle chain of custody issues and documentation in the same manner to avoid the issues raised in the prior paragraph. Having said that, Mr. Saldana's obligation was to show that the irregularities in the chain of custody that he claims were present had some effect on the outcome of the testing and he was unable to make that showing.”
3. Scientific classification issue: Mr. Saldana's argument that Diisopropylamine is not a vasodilator by virtue of being a secondary amine is false. As explained by Dr. Maxwell, drugs such as Diisopropylamine can be classified both in terms of their chemical structure and their pharmacological or medicinal effects on the body. Diisopropylamine is classified as a secondary amine due to its chemical structure. It is also considered a vasodilator due to its general pharmacological effect, i.e., causing blood vessels or open or dilate. There is nothing inconsistent about the simultaneous application of both categories, which address entirely different properties of Diisopropylamine.”

Saldana's suspension will run from July 6, 2023, the effective date of his provisional suspension, through August 5, 2025 (to reflect that he was not
provisionally suspended for a period of 31 days between July 29 and August 29, 2023). Ice Queen's purse earnings from that race, $4,560, have been ordered forfeit and returned, and the 5-year-old mare will remain ineligible until she undergoes a re-entry test from HIWU with negative findings.

A former jockey, Saldana has posted 88 training victories from 656 starters. His most recent entrant was on July 1, 2023.

The post Trainer Reed Saldana Suspended Two Years, To Pay $37,000 After Losing HIWU Arbitration appeared first on Horse Racing News | Paulick Report.

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The Horseracing Integrity and Safety Authority (HISA) has established a new program to provide pro bono legal representation to eligible Covered Persons who fall below a certain income threshold and are alleged to have violated HISA's Anti-Doping and Medication Control (ADMC) Program. This program will match Covered Persons who are financially unable to secure legal representation with volunteer attorneys who have agreed to provide legal services without any expectation of compensation.

“I am incredibly proud to be launching this free legal services initiative, the first of its kind in American sport,” said HISA CEO Lisa Lazarus. “Providing all Covered Persons with the tools to properly defend themselves in these cases is critical to ensuring integrity in our ADMC program adjudication procedures. We don't want the cost of legal services to ever be a barrier to pursuing a rigorous defense. I'm grateful to the reputable law firms and experienced attorneys who have already agreed to participate, and I look forward to expanding their ranks.”

“We are pleased to participate in HISA's Covered Person Pro Bono Program, so that those who truly cannot afford a lawyer can have access to the same depth of experience and zealous representation that we provide to all of our non pro bono clients,” said Howard Jacobs, international sports law attorney specializing in disciplinary cases involving anti-doping and other disputes. “As a result of HISA's Covered Person Pro Bono Program, we hope that no Covered Person will feel that they simply cannot afford to defend themselves against a potentially life-changing charge.”

“Jackson Kelly is always glad to help support the industries we serve,” said Jay Ingle, Chair of Jackson Kelly's Equine Group. “We quickly said yes when asked to participate in this program and donate our legal services and expertise, and hope that our contributions will help the sport and the horsemen and women in it.”

“The Wyatt firm is honored to be part of the HISA Covered Person Pro Bono Program to support those in need of legal assistance and to help promote the health and well-being of Thoroughbred racing and the equine industry as a whole,” added Craig Robertson, Partner-In-Charge, Lexington Office of Wyatt Tarrant & Combs, LLP.

If the Horseracing Integrity & Welfare Unit (HIWU) has alleged that a Covered Person committed an ADMC Rule Violation, and the Covered Person has an annual household adjusted gross income of $75,000 or less and no significant liquid assets, the Covered Person will be eligible for free legal services from a volunteer attorney and limited reimbursement of out-of-pocket expenses incurred by the volunteer attorney.

The application for assistance under the program is available here and more information about the program can be found here. Additional information about all Covered Persons' rights under HISA's ADMC Program can be found here. Covered Persons who need additional assistance or have questions about the pro bono program or the adjudication process more broadly should contact HISA and HIWU ombudsman Alan Foreman at alan@foremanlaw.net.

To volunteer under the program, attorneys must have a valid license to practice law in any state and have up-to-date malpractice insurance. In addition, they may be required to complete training provided by HISA before accepting a referral under this program. Interested attorneys should contact HISA Assistant General Counsel Sam Reinhardt at samuel.reinhardt@hisaus.org.

About the Horseracing Integrity and Safety Authority

When the Horseracing Integrity and Safety Act was signed into federal law, it charged the Horseracing Integrity and Safety Authority (HISA) with drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA is implementing, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which went into effect on May 22, 2023.

The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, enhances jockey safety, regulates riding crop use and implements voided claim rules, among other important measures.

The ADMC Program includes a centralized testing and results management process and applies uniform penalties for violations efficiently and consistently across the United States. These rules and enforcement mechanisms are administered by an independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFS). HIWU oversees testing, educates stakeholders on the Program, accredits laboratories, investigates potential ADMC violations and prosecutes any such violations.

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The Kentucky Equine Education Project (KEEP) Foundation has awarded $30,000 to Kentucky equine non-profit organizations though its Seattle Slew Grant Program. With this latest grant round, the KEEP Foundation has provided more than $42,000 in grants to equine organizations across the state in 2023. The KEEP Foundation is committed to helping support educational programs, projects and other endeavors that help advance the future of the equine industry in Kentucky.

The KEEP Foundation's Seattle Slew grants are available to Kentucky non-profits providing equine-related educational programs, events and initiatives. The Seattle Slew Grant Program is part of the Foundation's efforts to support education and promote the importance of the equine industry to Kentucky's economy and culture.

“I am immensely proud to announce the recipients of the prestigious Seattle Slew Grant. These exceptional equine-related non-profits exemplify unwavering dedication, tireless commitment, and profound passion for enhancing the lives of our equine community across our state. Through their innovative programs and steadfast advocacy, they embody Seattle Slew's spirit of strength, determination, and triumph. This grant not only recognizes their outstanding contributions but also signifies our collective belief in their capacity to catalyze positive change within our communities. We applaud their relentless efforts and extend our heartfelt congratulations. The KEEP Foundation remains resolute in our support of these invaluable organizations as they continue to be champions of our state.” Katie LaMonica, KEEP Foundation Board Chair

The Seattle Slew Grant Program is open to non-profit organizations, schools, and other groups that are involved in equine-related educational programs and projects. Recipients of the Seattle Slew Grant awards are: Amplify Horse Racing, HorseSensing, Justin's Place, Life Adventure Center, Kentucky Equine Management Internship and Stable Recovery.

“The Kentucky Equine Management Internship (KEMI) is very pleased to receive The Seattle Slew Grant from the KEEP Foundation. For the past 20+ years KEMI has been focused on educating and preparing young people from around the world for careers in the equine careers here in Kentucky. This grant will be used to enhance our online and social media presence to provide more opportunities to these young people who are the future of our industry!” Leslie Janecka, Kentucky Equine Management Internship

Grants of up to $5,000 are available, and new submissions are reviewed quarterly. For more information or to apply for a grant, please visit HERE.

The KEEP Foundation programs and initiatives would not be possible without the support of Kentucky's equine industry and proceeds from the KEEP Foundation's Seattle Slew license plate. Proceeds from sales and renewals of the 2022 license plate topped nearly $60,000.

The KEEP Foundation's Seattle Slew specialty license plate would not have been possible without the gracious support of Karen and Mickey Taylor, the owners of Seattle Slew, and Bobby Shiflet, owner of the Tony Leonard Collection, who donated the photo of Seattle Slew that was used for the license plate.

If you would like to support the KEEP Foundation's education initiatives, donations can be made HERE.

ABOUT THE KEEP FOUNDATION

The mission of the Kentucky Equine Education Project (KEEP) Foundation, a nonprofit 501(c)(3), established in 2014, is to support the economic success of Kentucky's signature industry by ensuring its continued economic viability, making the industry accessible for all who want to participate, introducing more young people to the industry and its opportunities, and educating the people of the Commonwealth about the importance of horses to the state, its economy, its heritage, and its people. www.thekeepfoundation.org

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