Opening Day Tally Tops $1.8 Million At Horseshoe Indianapolis

The 20th season of Thoroughbred and Quarter Horse racing is now underway at Horseshoe Indianapolis. The track kicked off the year with a new name, new faces, and new contests to enhance the racing season extending through Wednesday, Nov. 23, 2022. More than $1.8 million was wagered on the 10-race card, topping the previous year's opening day tally of $1.7 million.

Racing fans were introduced to John G. Dooley, new track announcer, and Brian Arrigoni, new paddock analyst. Both Dooley and Arrigoni provided on-air information and analysis throughout the day, joining Rachel McLaughlin for the presentation.

Highest Praise, ridden by Joshua Morales, won the first race of the year in the $15,000 claiming event running five and one-half furlongs. The duo took over at the top of the stretch and drew away to a two and one-quarter length advantage at the wire. They paid $9.60 for the win, which was a trend for the day.

Out of nine Thoroughbred races, only three favorites won on the day. The average win payout was more than $28 with Rodney Prescott piloting George the Man to a win in the fifth race, paying $105.40. Prescott, two-time leading jockey at Horseshoe Indianapolis, had two wins on the card.

Horseshoe Indianapolis has brought back the popular Pick 5 wager, which has a near industry low takeout of 11.99 percent. The wager was featured in a special contest “Pick the Ponies with Arrigoni,” which drew 173 entries both online and on-track. Due to the longshots during the series, only one ticket picked up the entire wager, paying more than $54,000.

The day was polished off with one Quarter Horse race. Tooyahbooya DHD from the Tony Cunningham barn was a solid winner in the $18,000 maiden event running 250 yards. Francisco Quintero rode the three-year-old Indiana bred gelding to victory for owner-breeder David Dalton.

Racing continues Wednesday, April 20 to complete the opening week activities. The track is gearing up for the first weekend racing program set for Kentucky Derby Day Saturday, May 7. Live racing will begin at 10:10 a.m. followed by the first race at Churchill Downs at 10:30 a.m. Seating packages are available in the Clubhouse for the entire day by calling Beth Litteral at (317) 421-8801. The package includes a continental breakfast, lunch, and dinner buffet, Kentucky Derby glass, program, and Horseshoe Indianapolis items. The Kentucky Derby has an estimated post time of 6:55 p.m.

In addition to racing, the Kentucky Derby Day program will feature several activities and giveaways throughout the day. Included in the lineup will be a Kentucky Derby Hat contest with the top five sharing $675 in prize money, three drawings for a $1,000 Megabet on the Kentucky Derby race, a golf simulator, food trucks, Dooleys Double handicapping contest, and other interactive games and giveaways.

The 20th season of live Thoroughbred and Quarter Horse racing begins Tuesday, April 19 and extends through Wednesday, Nov. 23. Live racing is conducted at 2:30 p.m. Monday through Wednesday with Thursday post times set for 3:30 p.m. A total of 12 Saturdays will feature live racing in 2022 highlighted by the 28th running of the Grade 3 $300,000 Indiana Derby set for Saturday, July 9. For more information on live racing at Horseshoe Indianapolis, visit www.caesars.com/horseshoe-indianapolis.

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Emirates Racing Authority Fines Trainer, Issues Disqualification Over Levamisole Positive

Trainer Kahlil de Burca has been fined AED 40,000, or about US$10,890, after the Emirates Racing Authority confirmed a positive test for levamisole in his trainee Augustus Caesar. The horse, which finished 12th in the “Dubai Real Estate Centre Handicap” at Jebel Ali Racecourse on Feb. 12, 2022, has been disqualified.

Levamisole has been in the United States' racing news several times in recent years.

The 108-1 longshot winner of the G3 Turf Monster Stakes at Parx Racing on Sept. 25, Hollywood Talent, was found to have tested positive for levamisole, and was subsequently disqualified; his trainer, Juan Vazquez, was issued a 30-day suspension and $1,000 fine.

(Read more about Juan Vazquez' suspension here.)

A total of 8 horses conditioned by Joe Sharp tested positive for levamisole in Louisiana in 2020, for which the horses were disqualified and he was fined $1,000 each; a further five trainees tested positive for levamisole in Kentucky in 2019 and were disqualified, though Kentucky wound up vacating the sanctions against the trainer (this did not affect the disqualifications).

(Read more about Joe Sharp's levamisole rulings here.)

According to the ERA stewards' report, the following matters were established during their inquiry:

1. On Wednesday, Feb. 23, 2022, ERA Stewards were advised of the irregularity to Levamisole in respect to the post-race urine sample taken from Augustus Caesar at Jebel Ali Racecourse on Saturday, Feb. 12, 2022.

2. On Tuesday, March 1, 2022, the ERA Stewards informed de Burca via a visit to his stables at Green Stables at Meydan Racecourse of the sample irregularity to Augustus Caesar. De Burca advised that all his horses are routinely treated with Levamisole after they travel, however he had stopped using the product on all his horses after his horse Are You Dumb had an adverse reaction to Levamisole and required treatment at the Dubai Equine Hospital on Wednesday, Jan. 19, 2022. Further, Stewards took samples from de Burca's four (4) horses located at Green Stable, which included Augustus Caesar.

3. On Tuesday, March 1, 2022, de Burca advised that he wished to exercise his right to have the reserve portion of the sample analyzed by another accredited racing laboratory in accordance with ERA Rule 95D(ii).

4. On Wednesday, March 16, 2022, the ERA Stewards received confirmation from LCH Laboratory, France, that the presence of Levamisole was detected in the reserve urine sample of Augustus Caesar.

5. On Friday, March 8, 2022, the ERA Stewards were advised from the Dubai Equine Forensic Unit that the samples taken from the day of notification (March 1), did not contain Levamisole.

6. De Burca advised that on investigation the bottles of Levamisole provided in the UAE had a larger concentration than the product that he uses in Europe. As a result, he had overdosed his horses when You Are Dumb was admitted to the Dubai Equine Hospital.

7. Dr. Kieran Finn (ERA Regulatory Veterinarian) advised that Levamisole is a broad-spectrum anthelmintic drug used to control/treat internal parasites in animals and has been used in human and veterinary medicine for over 30 years. (“Another major characteristic ascribed to this drug is its immunostimulatory effects” (Miwa et al 1978)). Levamisole when found in a race-day sample is considered to be a prohibited substance. The ERA advised de Burca to use a five (5) clear day withholding period and was further advised that it is considered to be an unregistered drug in the UAE. Levamisole is metabolized into several metabolites within the horse, one in particular “aminorex.” The ERA would classify Levamisole as a therapeutic substance. Dr. Finn added that if Augustus Caesar stopped receiving Levamisole on Wednesday, Jan. 19, 2022, the drug should have no longer been present in the sample taken on Saturday, March 12, 2022.

De Burca pleaded guilty to a charge under the provisions of ERA Rule 95AAA 2, in that he presented and raced Augustus Caesar in Race 3 the “Dubai Real Estate Handicap” at Jebel Ali Racecourse on Saturday, Feb. 12, 2022, which was subsequently found, upon analysis of a post-race urine sample, to have had Levamisole administered to it, a prohibited substance under the ERA Rules of Racing.

In determining an appropriate penalty, the Stewards considered a number of factors including:
• The circumstances of the offence;
• The seriousness of the offence, involving the presentation of Levamisole in a race-day sample;
• General and specific deterrence;
• The integrity and image of racing in the UAE;
• Mr. K de Burca's guilty plea.

Considering these circumstances, Mr. K de Burca was issued a fine of United Arab Emirates Dirham 40,000, or about US$10,890.

Pursuant to ERA 86(ii), Augustus Caesar was disqualified from 12th place of Race 3 the “Dubai Real Estate Centre Handicap” at Jebel Ali Racecourse on Saturday, Feb. 12, 2022, and the placings amended.

Mr. K de Burca was advised of his rights of appeal.

Relevant Rules:
ERA 86(ii) – Where any declared runner has been the subject of an examination under the Rules 8(vi) and or (vii) and has been found to have received a Prohibited Substances, the Horse shall be disqualified from the Race and from other Races as the ERA determines.

ERA Rule 95AAA 2 – Any Trainer or other Person in charge of a Horse, which is presented to Race or perform a Test, or has Raced or performed a Test which is found (upon analysis) to have had administered to it a Prohibited Substance, shall be liable to a Penalty.

ERA Rules 95D(ii) – Upon the detection by an Accredited Racing Laboratory of a Prohibited Substance in the Sample from a Horse, such laboratory shall notify its finding to the Stewards, who shall then notify the Trainer of the Horse of such finding and give him the option to have the reserve portion of the Sample Tested at another ERA-approved Accredited Racing Laboratory. The Trainer will have 3 days to notify the Stewards of such requirement. A refusal by the Trainer to Test the reserve portion of the Sample shall not prevent the Stewards from having the reserve portion of the Sample Tested.

Stewards Panel:
• Mr. Sam Shinsky (Chairman), Mr. Taylor Wilson, and Mr. Rashid Alblooshi.

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‘Commitment To Transparency’: Committee Proposes Allowing KHRC To Publicly Reveal Alleged Violations

During Tuesday's meeting of the Kentucky Horse Racing Commission's Rules Committee, two proposed changes were approved to be voted on by the entire commission during its next regularly-scheduled meeting. The changes include allowing the KHRC to publicly reveal alleged violations, whether medication or regulatory in nature, as well as setting more specific timelines for split sample testing.

“Our frustration has clearly come from certain cases which take long periods of time, nobody knows what's going on, we're not allowed to say what's going on, and so we want to be able to communicate that out,” said committee chair Mark Simendinger.

The first rule change is to regulation 810 KAR 9:010, which currently states that the KHRC can have no public comment until after a stewards' hearing has occurred.

“In connection to our commitment to transparency overall, and in keeping with recent developments encouraging more transparency in especially the adjudication of medication violations but also routine riding offenses, we thought that it would be very reasonable to allow the commission to publicly disclose information regarding an alleged regulatory violation, if and only if such information would not unduly impact an investigation,” said Jennifer Wolsing, KHRC general counsel.

“The commission or its executive director can publicly disclose the identity of any racing participant who is accused of an alleged regulatory violation, as well as the identity of the horse, after notice to the participant himself or herself. Additionally, after the commission and the racing participant receive testing results, the commission or its executive director may publicly disclose the alleged conduct or the alleged amount and type of medication that gave rise to the alleged regulatory violation. At any time, the commission or its executive director may publicly disclose the date of an upcoming stewards' hearing, or the commission or its executive director may publicly disclose other information as deemed appropriate.”

Wolsing described several situations which may give rise to the disclosure of information: “For example, if the racing participant has already shared information pertaining to his or her alleged regulatory violation, if they publicly disclose that themselves, then that would be a good opportunity for the commission to confirm or deny. Another situation in the case of an alleged medication violation, if the commission's laboratory has returned a positive finding, and the racing participant has been notified of the results of split sample, that would be another opportunity for the commission to consider disclosing relevant information… Then there's a catch-all provision that would allow the commission to disclose information for other reasons in the best interest of racing.”

(Wolsing clarified that the arbiter of the “best interest of racing” would be the KHRC and its the executive director.)

In addition, hearings will now be open to the public instead of closed, provided there is no legal reason to do otherwise. Those hearings will now have a specific timeline, no more than 60 days after the participant is notified of an alleged violation, or the racing participant receives results of a split sample, though that timeline may be extended upon the stewards' discretion.

The second group of rule changes are to regulation 810 KAR 8:010, which sets out rules for medication, testing procedures, and prohibited practices. These have to do with setting specific timelines on the practice of testing a split sample for a prohibited substance.

Section 12 (7) currently states: “The stewards or judges shall conduct a hearing as soon as possible after the conclusion of an investigation of a positive finding.”

The new text would change “as soon as possible” to “pursuant to 810 KAR 9:010.”

Section 13 (2a) would be updated to state that owners/trainers must select a laboratory, solicited and approved by the commission, for split sample testing within five (5) days, or else they will be deemed to have waived the right to a split sample test.

Section 13 (c) currently states: “A split sample so requested shall be shipped as expeditiously as possible,” but it would be updated to “within seven (7) days.”

The KHRC Rules Committee approved both proposed changes to be voted on by the entire commission during its next regularly-scheduled meeting.

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Coming Soon: You May Need To Register With HISA As July 1 Deadline Approaches

Attendees of the annual convention for the Association of Racing Commissioners International (ARCI) last week had a lot of questions for the new national authority that is set to begin its regulatory takeover. On the convention's first day, Horseracing Integrity and Safety Authority CEO Lisa Lazarus gave commissioners a few more details about what to expect on July 1, including a phase-in of the racetrack safety accreditation program as well as more immediate rule changes, including some impacting crop use.

On the conference's second day, commissioners heard from attorneys and technology experts to field questions about what to expect.

Attorneys have voiced concern or confusion about how transparent the new agency will actually be, and as with many things regarding HISA, no one is totally sure yet whose stance is correct. Thus far, HISA has asserted that it does not fall under the Federal Advisory Committee Act, a 1972 law that requires certain committees publish notice of upcoming meetings and open those meetings to the general public. Some attorneys read the Federal Advisory Committee Act as having a narrow scope in terms of the types of bodies it may apply to, and it's not clear whether HSIA could be one of them. This could also exempt HISA from open records act requests.

Ed Martin, president and CEO of ARCI, said that the organization had formally encouraged HISA to consider writing open records requirements into its code. Additionally, Martin expressed frustration with what he characterized as poor communication from HISA to racing commissioners. Martin says commissioners were not given a heads-up when HISA determined it would not be positioned to take over drug testing responsibilities on July 1 of this year, and found out only when a public announcement was made.

“That was kind of a surprise for many of the jurisdictions because there was no advance warning or discussion,” Martin said.

Martin urged that open communication, both with the public and with key members of the industry, would be the best path forward for the new authority as it begins the complex process of taking over racing regulation.

Some attendees had questions about how the process of appealing a stewards' ruling would change under the new authority. John Roach, interim HISA general counsel, explained that there would still be layers of appeals possible under the new system. Using a whip rule violation as an example, Roach said the new system would have the stewards making a ruling, and if the rider appeals, that would go through a layer of review at the Authority. If the Covered Person wants to appeal HISA's decision on the rule violation, they could request a Federal Trade Commission administrative law judge hear an appeal, which the FTC does not have to grant. If an FTC administrative law judge does hear the appeal and upholds the stewards' ruling, the Covered Person then would go on to federal court.

It's not clear how the timeline for this appeals process would compare to the existing system, in which a licensee appeals a stewards' decision to the state racing commission, then to local court, then to state appeals court and state supreme court before moving on to the U.S. Supreme Court if applicable. (Relatively few appeals cases of suspensions or other racing regulation violations are heard by the U.S. Supreme Court.)

In another presentation, HISA technology director Steve Keech walked the audience through a demonstration of the registration process for HISA. Anyone who's considered a Covered Person under the Horseracing Integrity and Safety Act will be required to register with the new authority. This includes most people who are currently licensed by state racing commissions, with the exception of people who do not directly participate in racing, like food vendors or cleaning staff, etc.

There will be no fee to register with HISA. Registration will allow the authority to track continuing education credit, compile licensing and regulatory action information, and more.

Users will be asked to enter their existing state license information into HISA's registration portal. The HISA system has been integrated with state license databases, InCompass, ARCI, and others to scrape all license information for a given person and compile it into one place. The system will use third party address verification systems to ensure contact information entered is accurate, based on that person's previous known locations.

The registration process is available in both English and Spanish, and Keech said he has been working with jockeys from various Central and South American countries to be sure the Spanish language version is appropriate for all dialects so the instructions are as clear as possible.

Horses will also need to be registered, which will require the Responsible Person for that horse (usually, though not always, the trainer) entering the horse's vaccine history and uploading health paperwork into the system, along with noting the horse's location. Location information will need to be updated anytime the horse moves from one place to another. Keech said his team is still working on how to import large batches of horse registration information for trainers with large barns who may have some records already stored in InCompass.

It's not yet clear how the claim or sale of horses will work in this system, or what information will be transferred between Responsible Persons.

It's also unclear how HISA or other authorities will enforce the requirement that all Covered Persons under the new law actually complete the registration process. As several commission staffers pointed out in the question and answer portion of the presentation, it's already a battle to get some stable staff licensed with the state, and it's not uncommon to discover barns have employees who are not licensed.

Keech is hopeful, however, that the HISA system, which will integrate information from databases that are currently separate, may open up new possibilities to using that data in a productive way. Veterinarians, for example, will be required to enter information about their veterinary as well as their racing licenses into the database, which could help states hunt for qualified practitioners with the right licensing if they find themselves in the midst of a veterinarian shortage. It will also make it easier for authorities to see a given person's license history in aggregate, as well as a horse's veterinarian's list history across jurisdictions.

The registration system is on target to launch July 1, and on that date, the authority's rules state that all Covered Persons must be registered with HISA. The system is not yet accessible to the public.

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