Tag: The Biz

Arapahoe Park's top trainer is facing charges related to 10 drug positives and possession of 30 items of contraband, according to evidence presented before a hearing officer last week.

Stetson Mitchell had been summarily suspended at the end of last year's Arapahoe meet in October after a search of his barn and vehicles on Oct. 4 turned up multiple syringes, needles, and injectable products. The drug positives include one for albuterol from a horse named Pow Pow in July and nine for a metabolite of ethyl alcohol.

The positive tests for metabolites of alcohol were confirmed near the end of the meet in the days or weeks before the Oct. 4 barn search, according to testimony from state employees.

Richard Thomas, who was an investigator for the state's Division of Racing during last year's Arapahoe meet, said that in interviews with Mitchell after the albuterol positive, Mitchell could not explain how albuterol could have appeared in Pow Pow. Thomas said Mitchell told him Pow Pow was only receiving furosemide, phenylbutazone, and a silver oxide inhaler ahead of his race in July. Mitchell has two prior drug positives for albuterol, both in Nebraska in 2020.

Thomas said he was told by a former employee of Mitchell's that Mitchell and his wife had ordered the employee to give shots to horses in the Mitchell barn, and that the couple were injecting horses with 60 ccs of Absolut vodka ahead of races. Thomas later learned that testing for alcohol or its metabolites is not part of the standard post-race testing in Colorado. State officials asked Industrial Labs to test over 60 remnants of post-race samples it had from Mitchell horses over the course of the meet. Because cleared sample remnants are destroyed 30 days after testing is complete, the lab only had 18 sample remnants for Mitchell's horses available; nine of those turned out to be positive.

While witnesses were uncertain what, if any, impact vodka could have on a horse's performance, it has been found in racehorses before. In 2010, a trio of trainers had horses test positive for a metabolite of ethyl alcohol, and earlier this year a New Zealand harness trainer was banned for a decade when he admitted to injecting horses with vodka and milkshaking.

No vodka of any brand was found during the search of Mitchell's barns and vehicles.

Some of the prohibited items were found in vehicles, while others were hidden on the purlins or support beams of roofs of Mitchell's barns or hay sheds. One group of loaded syringes and needles came from a truck that was being used by one of Mitchell's grooms at the time. The groom told investigators the labeled syringes, which were grouped together in a bag, were for the treatment of equine protozoal myeloencephalitis (EPM) in a pony horse she owned and were appropriately prescribed a veterinarian. She testified that those items were returned to her at the end of the search.

The syringes and bottles were tested. Some contained prescription therapeutic medications like albuterol, flunixin, methocarbamol, and guaifenesin, while others contained vitamins or amino acids common in supplements.

Colorado regulation prohibits any non-veterinarian from using or possessing injectable products, needles, or syringes on the racetrack.

At the time of the barn search in October, Mitchell told the Paulick Report he suspected the items had been planted by disgruntled ex-employees. During the hearing, his attorney questioned witnesses about Mitchell's relationship with former friend and employee Mark Jondle, who first reported the vodka administration to the state investigator. Several people remembered that the two had fallen out over disputes regarding payment for Jondle's work for Mitchell and that Jondle remained upset with Mitchell throughout the 2022 Arapahoe Park season.

Numerous former employees, clients, and veterinarians testified on Mitchell's behalf to indicate they'd never witnessed him administer illegal substances or direct any employee to do so.

According to Colorado codes, the presence of albuterol carries a B penalty, which carries a minimum fine of $2,500 and 180 days' suspension for the first offense. Alcohol and its metabolites are not specifically listed in the Association of Racing Commissioners International classification or in the Colorado codes.

Because Colorado stewards are only in-state over the summer, the hearing officer will be the one to determine Mitchell's guilt and recommend any penalties. Both sides agreed to submit closing arguments to the hearing officer by early April, and she is expected to issue a decision afterwards. If Mitchell chooses to appeal, he will be able to take his case to the commission. Mitchell has not started a horse since being summarily suspended.

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Multiple Grade 1 or Group 1 winners Life Is Good and Baaeed,  jockeys Irad Ortiz Jr. and Bernardo Pinheiro, and trainer Todd Pletcher were among those honored Saturday at the sixth edition of HH Sheikh Mohammed Horse Racing Excellence Awards in Dubai.

Taking place at a sparkling ceremony during racing on “Super Saturday,” March 4, at Meydan Racecourse, the awards commemorate some of the leading connections to have participated at the Dubai World Cup meeting, as well as two awards decided by public vote.

Commenting on the awards, Major General Dr. Mohammed Essa Al Adhab, General Manager of Dubai Racing Club, said: “The HH Sheikh Mohammed Horse Racing Excellence Awards were founded in 2017 as an expression of His Highness' love for racing and passion for horses.

“They recognize the best in the industry, with a nod towards those who have supported our Dubai World Cup meeting, as well as giving racing fans a chance to vote on their favorites through the People's Choice and Best Local Jockey awards.”

The full list of award winners for the HH Sheikh Mohammed Horse Racing Excellence Awards:

Best Horse – LIFE IS GOOD (USA)

Life Is Good is one of the best horses to have emerged from the U.S. in recent years. Bred by Gary and May West, the son of Into Mischief sold for $525,000 to China Horse Club at the 2019 Keeneland September Yearling Sale.

It proved to be money well spent, as Life Is Good went on to earn more than $4.5 million throughout his career, which saw him win eight of his 11 starts, including four Grade 1s. He came up a little short in the 2022 Dubai World Cup, however, finishing an honorable fourth behind Country Grammer.

Trained by Todd Pletcher for most of his career, Life Is Good excelled when he returned to the U.S., his performance in the Grade 1 Whitney at Saratoga earned him an international rating of 125. That made him the highest-rated horse to come out of the 2022 Dubai World Cup meeting and therefore the winner of this award.

Life Is Good, a son of Into Mischief, is standing is first year at stud this year at WinStar Farm in Versailles, Kentucky.

Best Owner – WINSTAR FARM and CHINA HORSE CLUB

When one of the newest and biggest owners in world racing joins with one of Kentucky's most successful stud farms the result is bound to be a good one. Winstar Farm and China Horse Club combined for joint-ownership of Life Is Good and we've already heard what a star he was. This team are our Best Owners.

Best Jockey – IRAD ORTIZ JR.

The rider of Life Is Good as well as host of other equine stars, Irad Ortiz Jr. has been one of the most successful riders in North America over the past decade. His record in Grade 1 events since riding at the 2022 Dubai World Cup meeting came out top of all the jockeys to compete on the day, so he is our 2023 Best Jockey winner.

Best Trainer – TODD PLETCHER

One of the most recognizable faces in world racing, multiple Eclipse Award winner Todd Pletcher enjoyed an excellent 2022, winning 15 Grade 1 races, making him the most successful at the top level of all the trainers to have competed at the 2022 Dubai World Cup meeting.

Lifetime Achievement – ANDRE FABRE

French trainer Andre Fabre is one of the most successful ever to grace the sport. He has won 30 French championships, eight Prix de l'Arc de Triomphes and all the British classics. Locally, the highlight was the Dubai Sheema Classic (G1) win with Polish Summer in 2004, while he has also been a constant supporter of the Dubai World Cup meeting across a number of seasons.

People's Choice (by public vote)

BAAEED (winner)

Baaeed's story was closely followed by Dubai racing fans thanks to his popular owner, Shadwell driving force HH Sheikha Hissa Bint Hamdan Al Maktoum. Trained expertly by William Haggas and ridden by Jim Crowley, the son of Sea The Stars won 10 of his 11 starts, including six Group 1s, and treated UK racing fans to a summer of brilliance. His final race proved a bridge too far, when he could only finish fourth in the Champion Stakes at Ascot, but he retired to Shadwell Stud as one of the best horses to grace the turf in recent years.

Baaeed, by Sea The Stars, is standing his first year at stud this year at Shadwell's Nunnery Stud in Norfolk in England.

Best Local Jockey (by public vote)

BERNARDO PINHEIRO (winner)

A native of Brazil, Bernardo Pinheiro finished fourth in the championship in the 2021-22 season, riding 24 winners from 262 rides. Based with former UAE Champion Trainer Musabbeh Al Mheiri, Pinheiro also has the number one jockey role for Abu Dhabi-based trainer Majed Al Jahoori. Bernardo celebrated his marriage in 2022, tying the knot with partner Gabriela Couto.

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A unanimous opinion by a three-judge panel at the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio, found the amended version of the Horseracing Integrity and Safety Act constitutional.

The March 3 ruling, written by Jeffrey S. Sutton, the Sixth Circuit's chief judge, is in contrast to a November 2022 opinion from the Fifth Circuit Court of Appeals that found the federal law unconstitutional because it delegated legislative authority to a private entity, the Horseracing Integrity and Safety Authority. The two cases resulted from separate lawsuits – the Fifth Circuit appeal was from a Texas district court and the Sixth Circuit from a Kentucky district court – filed against the Federal Trade Commission, HISA board members and other individuals by parties that included the National Horsemen's Benevolent and Protective Association, various HBPA affiliates, several state regulatory boards, state attorneys general, racetracks, and a licensed jockey and trainer.

The lawsuit appealed to the Sixth Circuit was filed by the states of Oklahoma and West Virginia, their racing commissions, operators of three Oklahoma racetracks, the state of Louisiana, the United States Trotting Association and the Hanover Shoe Farms Inc. of USTA president Russell Williams, and the Oklahoma Quarter Horse Racing Association.

In both cases, district judges upheld the constitutionality of the federal law, saying the Federal Trade Commission had sufficient authority to fulfill its governmental oversight role of a private entity. The Fifth Circuit panel disagreed, saying the law gave “a private entity (HISA) the last word.”

The December 2020 Horseracing Integrity and Safety Act, signed into law by President Donald Trump, created the Authority, a non-profit, non-governmental agency, to regulate safety and integrity issues in racing. The Authority's racetrack safety program went into effect July 1, 2022, and its Anti-Doping and Medication Control program is tentatively scheduled to begin March 27, pending approval from the FTC of its regulations. At that point, the Authority will take over responsibility for medication rules, drug testing and enforcement for Thoroughbred racing from every state, with the exceptions of Louisiana and West Virginia, which are parties in the Fifth Circuit appeal.

While the Sixth Circuit judges heard arguments before Congress amended the Horseracing Integrity and Safety Act in December 2022, the ruling was based on new language inserted in a year-end omnibus bill designed to strengthen and clarify FTC rule-making and enforcement oversight. The amendment to the law said the FTC could “abrogate, add to, and modify” the rules of the Authority.

“As amended, the Horseracing Act gives the FTC the final say over implementation of the Act relative to the Horseracing Authority,” Sutton wrote, “allowing us to uphold the Act as constitutional in the face of this non-delegation challenge as well as the anti-commandeering challenge.”

The anti-commandeering challenge was a reference to opponents of HISA saying the law gave states no choice in collecting fees required by the Authority to operate or to share information with the Authority. Sutton said the law does give states a choice to collect fees or permit HISA to collect them directly from those covered by the act, namely tracks and participants. Sutton wrote that, “Fraught though it may be, Congress has not commandeered the states by putting them to this choice.”

Under the original language of the Act, Sutton wrote, the FTC “played a limited role” in rule-making,  but the amendment gave the FTC “sweeping power.”

R. Guy Cole Jr., one of the other judges in the Sixth Circuit panel, wrote a concurring opinion stating his belief that the law was constitutional even before the amendment strengthening the FTC's role.

Both Sutton and Cole cited parallels to the Maloney Act, which provides the Securities and Exchange Commission with oversight of private, self-regulatory organizations in the financial markets. They also compared it to the Bituminous Coal Act, which was passed by Congress and later amended to prevent coal producers from acting as a government entity.

“HISA is remarkably similar to the constitutional Maloney Act, and was so even when assessed irrespective of the amendment,” Cole wrote.

Sutton said the question of constitutionality came down to whether or not the Authority is “inferior” to the FTC, concluding, “The Horseracing Authority is subordinate to the agency. The Authority wields materially different power from the FTC, yields to FTC supervision, and lacks the final say over the content and enforcement of the law – all tried and true hallmarks of an inferior body.”

The third judge from the Sixth Circuit upholding the constitutionality of HISA was Richard Allen Griffin, who like Sutton was appointed to the Court of Appeals by President George W. Bush. Cole was appointed by President Bill Clinton.

INDUSTRY COMMENTS:

Horseracing Integrity and Safety Authority: “HISA is grateful to the Sixth Circuit for recognizing and affirming HISA's constitutionality. We remain focused on preparing for the launch of HISA's Anti-Doping and Medication Control (ADMC) Program on March 27 pending final approval by the FTC. Once launched, the combined ADMC and Racetrack Safety programs will, for the first time in racing's history, see national, uniform integrity and safety rules applied consistently to every Thoroughbred horse, racing participant and racetrack in the country.”

Tom Rooney, President and CEO, National Thoroughbred Racing Association: “The decision today by the Sixth Circuit Court affirming the constitutionality of HISA is not only the right decision, but the critical step we needed to move forward in the sport of Thoroughbred racing. Later this month, HISA will begin the implementation of the Anti-Doping and Medication Control Program and will be fully functional. Now is a time for unity within the industry. HISA is the law of the land, and we must all come together to support its initiatives so that HISA can continue its mission to improve the sport with uniform standards of safety and fairness across the country.”

Eric Hamelback, CEO, National Horsemen's Benevolent and Protective Association: “Today, we stand firmly on our victory in the Fifth Circuit, however we are disappointed in the Sixth Circuit ruling. We have stated from the onset that there are multiple aspects of unconstitutionality plaguing HISA. The Fifth Circuit ruled on the arguments presented to them, and the Sixth Circuit ruled on the arguments they were presented. With that, we remain confident in our arguments and committed to our case. As seen now, the shifting legal uncertainty only upholds more confusion ahead for the industry and should lead everyone to agree we need a new bill to correct this uncertainty. We will keep fighting all the way to the Supreme Court if necessary to protect our industry and make sure our rules and regulations are built on a legal foundation.”

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The California Horse Racing Board, a steadfast supporter of the Horseracing Integrity and Safety Act/Authority (HISA) since its inception, has signed a new voluntary agreement with HISA and its Horseracing Integrity & Welfare Unit (HIWU) indicating the CHRB's intention to enforce and comply with all federal rules and procedures governing horse racing.

The CHRB has been enforcing and complying with safety regulations that HISA introduced July 1, 2022. Under the new agreement, the CHRB will implement rules under the Anti-Doping and Medication Control (ADMC) Program, which are scheduled to go into effect March 27, 2023. Both the CHRB and HISA are committed to the principle of promoting safety in horse racing.

Under the agreement, the CHRB agrees to perform certain tasks for the Authority and HIWU, including collecting equine samples, testing those samples at the University of California, Davis, collaborating on equine-related research, and performing investigations with respect to adverse analytical findings. As the CHRB and California horse racing industry already pay for these activities, HISA is giving California a credit, reducing California's annual fee due HISA accordingly.

“The CHRB is proud of our work and record in safety and animal welfare, and therefore we want to have a role in shaping policy going forward,” said CHRB Executive Director Scott Chaney. “We have partnered and supported the national effort from the beginning and appreciate the dedication of the Authority and HIWU.”

The CHRB and representatives of the Del Mar Thoroughbred Club, 1st Racing, the Thoroughbred Owners of California, and UC Davis, have been advising HISA all along, promoting California's strict regulatory program, and partly for that reason the federal rules are similar to those in California, meaning participants in California horse racing will need to make fewer adjustments than some of their counterparts in other racing jurisdictions.

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