Tag: TJC Integrity

The federal case against Penn National trainer Murray Rojas has been closed after the U.S. Supreme Court vacated the conviction against her on drug misbranding charges and prosecutors opted not to pursue a second trial.

The Sept. 28 order signed by federal Judge Sylvia H. Rambo called for a second superseding indictment to be dismissed and for the clerk of court to close the case. Rambo was the trial judge in U.S. District Court for the Middle District of Pennsylvania in Harrisburg.

In July 2017, a jury convicted Rojas on 14 of 21 counts  of misbranding prescription drugs brought against her as part of a wide-ranging FBI investigation into corruption at Penn National race course in Grantville, Pa. She was found not guilty on seven counts of wire fraud.

Rojas was sentenced to 27 months in federal prison. Rambo denied a motion to overturn the conviction and the Court of Appeals upheld it. 

Last year, however, attorneys for Rojas – with support from the Cato Institute and the American Conservative Union Foundation – petitioned the Supreme Court to hear her case, claiming that the trial judge and appellate court erred  in their definition of misbranding in both jury instructions and in the appeal. Specifically, they said, the judge failed to instruct the jury properly on the distinction between “administering” drugs and “dispensing” them and that the government failed to prove that Rojas “dispensed” the drugs to her horses.

The U.S.solicitor general agreed, stating: “The government now acknowledges that a veterinarian who personally injects a drug into an animal under her direct care in the course of her professional practice, without first issuing a written or oral order (i.e., prescription), has not engaged in misbranding under the FDCA (1938 Federal Food, Drug and Cosmetic Act).”

On Nov. 1, 2021, the Supreme Court granted Rojas' petition to review her case and vacated the judgment against her, remanding it back to District Court. With the government stating it would not pursue a second trial, the case is closed.

Rojas was accused of having veterinarians administer medications to horses within 24 hours of a race in violation of state regulations. Veterinarians who testified in the case say they also falsified dates of the treatments in records submitted to regulators. The practice, according to testimony given during the trial, was widespread at Penn National. Stephanie Beattie, who had been three-time leading trainer there, said she routinely had her horses treated with therapeutic medications on race day, adding “Almost everybody did: 95 to 98 percent. It was a known practice. We wanted to win and they weren't testing for those drugs at that time.”

Rojas, who began training in 2000 and saddled 785 winners from 4,783 starts, has not saddled a horse in a race since August 2015, when she was indicted. A number of other licensees who were indicted, including racing officials, trainers, and veterinarians, either pleaded guilty or had their cases transferred from federal to state court on reduced charges.

The post Case Closed: Murray Rojas Conviction Vacated, Feds Will Not Seek Second Trial appeared first on Horse Racing News | Paulick Report.

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At a regularly-scheduled meeting of the Pennsylvania State Horse Racing Commission on Sept. 27, commissioners voted to deny an appeal from trainer Juan Vazquez of a suspension that would run through 2025.

The vote was unanimous by the commissioners present, save for one abstention. Commissioner Russell Jones abstained from the vote and also abstained from the commission's hearing of Vazquez' appeal, citing potential conflict of interest since the incident in question took place at Parx. The appeal before the commission which concluded on Sept. 13 when both parties submitted post-hearing briefs and closing arguments.

Vazquez saw his owner and trainer licenses suspended this summer after stewards say he “was grossly negligent, cruel and abusive” in the death of runner Shining Colors, who they say he shipped from Belmont Park to Parx without proper care as the horse suffered from a severe case of laminitis. The mare was later euthanized. The suspension is due to run through the remaining balance of both licenses.

An attorney for Vazquez did not immediately return a query from the Paulick Report about whether he will pursue his appeal into the court system.

Elsewhere on the agenda, the commission considered and approved a request for an exemption from the upcoming changes to furosemide rules under the Horseracing Integrity and Safety Authority. Pennsylvania already prohibits same-day furosemide use in 2-year-old races and stakes races, in line with many other racing jurisdictions. Commissioners were told this week that the new national anti-doping and medication rules that are expected to go into effect Jan. 1 will likely prohibit same-day furosemide use in all Thoroughbred races, but that states could ask for a three-year exemption to that rule change. States granted an exemption would continue to proceed under their existing rules, and in that time the Pennsylvania commission plans to study the effect on horses of not giving furosemide on race day.

The request was approved unanimously, with Sal De Bunda abstaining. The commission will file its request with the Authority in the coming days.

In related news, Director of Thoroughbred Racing Tom Chuckas told the commission he expects he will be given the Authority's assessment of anti-doping and medication control costs on Oct. 1.

Chuckas also provided further details on the enforcement activity conducted on Pennsylvania Derby day. Pennsylvania commission staff received assistance from the Organization of Racing Investigators. The team combined to conduct 138 vehicle searches at the stable gate, finding one trainer with ten loaded syringes and needles that are still being analyzed. One jockey was found with two buzzers and another was found with a small amount of marijuana. One owner was found with a gun and marijuana. Four barns were searched, resulting in the finding that one trainer had loaded syringes and needles, and another had five expired medications.

Three of those findings resulted in summary suspensions from the stewards, which were detailed in this release from ORI earlier this week.

Further, Chuckas made note of the use of the state's integrity hotline which launched in March. So far it has received 77 calls, resulting in 72 closed cases and five ongoing investigations.

Between Thoroughbred and Standardbred racing this year, Chuckas said the state has pulled 818 out-of-competition drug testing samples.

The post Pennsylvania Commission Denies Vazquez Appeal, Votes To Request Lasix Exemption From HISA appeared first on Horse Racing News | Paulick Report.

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The following update on the activities of the Horseracing Integrity & Welfare Unit (HIWU) was delivered to the Horseracing Integrity and Safety Authority's board of directors on September 26, 2022, by HIWU Executive Director Ben Mosier.

In May, the Horseracing Integrity and Safety Authority (HISA) announced that it had selected Drug Free Sport International, a global leader in the sport drug testing industry, to build HISA's independent Anti-Doping and Medication Control (ADMC) enforcement agency through the establishment of the Horseracing Integrity & Welfare Unit (HIWU).

Following HISA's submission of the rules for its ADMC Program to the Federal Trade Commission for approval and HIWU's announcement of key leadership hires in August, HIWU has been focused on five key areas in preparation for the implementation of HISA's ADMC Program on January 1, 2023:

Expanding the HIWU Team

This summer, HIWU hired Kate Mittelstadt and Michelle Pujals to serve as HIWU's chief of operations and general counsel, respectively. They both came to us with extensive backgrounds in sports and anti-doping matters, and we are already benefiting from their expertise within our rapidly growing unit. By the end of October, we expect to have a team of at least 20 full-time staff members. That group will include a chief of science, which is a critical leadership role for us. We aim to have approximately 35 full-time staff members by the end of 2022.

The new hires will primarily serve in roles focused on sample collection administration, testing operations, compliance, quality assurance, education and industry outreach, state racing commission relations, collaboration with laboratories, investigations, and technology.

State Racing Commission Outreach

Cooperation with state racing commissions will be central to our success. Since late August, we have initiated conversations with all 22 state racing commissions currently under HISA jurisdiction, with the objective of identifying ways we can best work together to implement the ADMC rules and protocols next year. The meetings have centered on the draft rules, sample collection personnel in the field, and support in the processes that the states may still oversee in consultation with HIWU, as well as enforcement mechanisms. Conversations will continue with state racing commissions in the coming weeks with the goal of reaching cooperative agreements with each.

Sample Collection Procedures

The ADMC Program cannot be effective without sound collection protocols and buy-in from sample collection personnel. Our goal is to maintain as much continuity as possible in terms of current staffing in this area. HIWU is finalizing documents and procedures for a paperless collection system to be used in the field, in nationwide test distribution planning, and for sample collection equipment. We will provide collection personnel across the country with the proper training and support to carry out the ADMC Program's sample collection regulations.

Accredited Laboratory Outreach

The laboratory accreditation protocols and standards outlined in the ADMC Program represent a comprehensive approach to ensuring sample integrity and accurate results. To ensure uniformity in the application of the new rules, laboratory procedures and testing standards must be harmonized across states and racing jurisdictions. To this end, HIWU is working to identify and build partnerships with the top laboratory facilities in the country to satisfy the sample analysis and reporting requirements of the ADMC Program. To date, we have been in communication with all nine laboratories accredited by the Racing Medication & Testing Consortium regarding the administration of HIWU's testing regime, and meetings will continue as we work toward the January 1, 2023, implementation date.

Industry Education

HIWU is developing education materials to help ensure all Thoroughbred racing participants, including state racing commissions, owners, jockeys, racetrack personnel, stewards, veterinarians, and other stakeholders, understand the ins and outs of the ADMC Program before it goes into effect. We recognize that robust education efforts that engage all relevant stakeholders will be instrumental in achieving a smooth and successful rollout in the new year. Our education approach will focus on ensuring each group of racing participants is well-versed in the information most relevant to their role in implementing and complying with the ADMC Program.

We are in the process of planning both virtual and in-person education sessions. Additionally, bilingual educational materials will be distributed to all relevant groups and housed on a new HIWU website that will be launched shortly.

As part of our efforts in the aforementioned focus areas, we have been utilizing the extensive knowledge of our five-person Advisory Council. Together, its members bring decades of anti-doping, equine, scientific, investigatory, and legal experience to the table, and their insights have been invaluable as the ADMC Program's launch date approaches. Besides monthly group calls with the Advisory Council, we have hosted one in-person workshop and intend to organize a second meeting before the end of the year. Additionally, we maintain frequent correspondence with each member individually to utilize respective skillsets.

As you know, this is a critical period for both HIWU and HISA as we prepare to execute the second of the Authority's two major programs, following the rollout of the Racetrack Safety Program this summer.

I want to thank you for your support of HIWU and our mission to safeguard the integrity of this sport and the well-being of its athletes, both human and equine.

About the Horseracing Integrity & Welfare Unit

The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International (DFSI) to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control (ADMC) Program. The ADMC Program, which will be effective as of January 1, 2023, will create a centralized testing and results management process and apply uniform penalties for violations efficiently and consistently across the U.S. HIWU will oversee testing, educate stakeholders on the new program, accredit laboratories, investigate potential violations, and prosecute any such violations.

About the Horseracing Integrity and Safety Authority (HISA)

HISA was established when the Horseracing Integrity and Safety Act was signed into federal law in 2020 and is responsible for drafting and enforcing uniform safety, anti-doping and medication control rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission, HISA was created to implement, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA is composed of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022; and the ADMC Program.

The post Horseracing Integrity & Welfare Unit Focused On Communication To Plan For HISA’s Anti-Doping And Medication Control Program appeared first on Horse Racing News | Paulick Report.

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The following press release written  by J.N. Campbell was distributed by the Organization of Racing Investigators

Investigators from multiple jurisdictions assembled the week of Sept. 19 in what amounted to a barnstorming tour across Pennsylvania's three Thoroughbred tracks, as members of the Organization of Racing Investigators took the stage.

A handpicked team of specialists from Pennsylvania, Texas, California, Arizona, Florida, and Kentucky were onsite at Presque Isle Downs in Erie, Hollywood Casino at Penn National Race Course in Grantville, and finally at Parx Racing in the Philadelphia area. Jason Klouser, director of enforcement, Pennsylvania State Horse Racing Commission, led the effort. The capstone to the week was the Grade 1 Pennsylvania Derby for 3-year-olds, which was part of a blockbuster Sept 25 card at Parx that also included the G1 Cotillion Stakes for fillies of the same age.

By establishing a strong presence, the Racing Integrity Teams at each site protected Thoroughbreds, ensuring that equine safety and integrity were the top priorities. The investigations at Parx produced some important results, after sweeps at the gate and stable areas. The Pennsylvania State Horse Racing Commission, Bureau of Thoroughbred Horse Racing, issued a series of rulings concerning three individuals.

The first was jockey Edwin Repollet-Rivera, who is alleged to have violated Section 305.273 (h) and 185.2, by possessing an electrical device. The hearing for the rider was Sept. 26, in which he refused to testify, and the summary suspension from Sept. 23 will continue until a full hearing takes place. Under Horseracing Integrity and Safety Authority regulations, the jockey faces a 10-year ban.

The second violator was trainer Miguel Penaloza. After an investigation of his barn area, a pair of loaded syringes and a needle were found in his tack room. He is scheduled to appear before the board at 10 a.m. on Tuesday morning, and is in potential violation of 7 PA Code, Section 401.61 and 185.2.

Last but not least, trainer Cesareo Marquez was found to be in possession of multiple loaded needles and syringes, and he also could be in violation of 7 PA Code, Section 401.61 and 185.2. Like Repollet-Rivera, his hearing was also on Monday. With a suspension that started on Sept. 23, the board ruled it will continue as well.

Each of these license holders is denied the privileges of all grounds under the jurisdiction of the Pennsylvania State Horse Racing Commission. They have the right to appeal these decisions in writing, within 48 hours for rulings that involve entries, qualifications, weights, conditions, or the length or running of a race, and 10 days for all other infractions.

The post Illegal Electrical Device, Syringes Found In Pennsylvania Derby Day Searches At Parx Racing appeared first on Horse Racing News | Paulick Report.

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