Tag: TJC Integrity

The Horseracing Integrity & Welfare Unit (HIWU) on Friday announced three appointments to its executive leadership team – Ben Mosier to the role of executive director, Kate Mittelstadt to chief of operations, and Michelle Pujals to general counsel. Both Mittelstadt and Pujals will report to Mosier.

This announcement comes as the Horseracing Integrity and Safety Authority (HISA), in consultation with HIWU, prepares to submit draft regulations for the Anti-Doping and Medication Control (ADMC) Program to the U.S. Federal Trade Commission for review ahead of implementation of the Program on Jan. 1, 2023.

Mosier joined Drug Free Sport International (DFSI), the independent enforcement agency selected by HISA to operate HIWU and administer the ADMC Program, in 2010. He most recently served as vice president of business development at DFSI and has overseen anti-doping programs for the National Basketball Association (NBA), the PGA Tour, Major League Baseball's Minor League Program, and NASCAR. Prior to joining DFSI, Mosier served as national events coordinator at the Kansas City Sports Commission.

“It's an honor to accept this role as the executive director of HIWU,” Mosier said. “I'm excited to be building a first-class team that will help improve the integrity of this great sport, while protecting the safety of these magnificent horses with the implementation of the ADMC Program.

Mittelstadt joins HIWU with more than two decades of experience in the field of anti-doping. She most recently served as director of the IRONMAN Anti-Doping Program, which became the first program run by a private, non-federation sports organization that formally adhered to the World Anti-Doping Code. Mittelstadt's career in anti-doping began in 2000, when she became one of the first employees hired by the U.S. Anti-Doping Agency, and where she served for six years as director of doping control. During that time, she was manager of out-of-competition testing at the 2002 Winter Olympic Games in Salt Lake City. She has since served in various capacities with the World Anti-Doping Agency and the Association of National Anti-Doping Organizations.

“I am extremely motivated by the opportunity to work in collaboration with the thoroughbred horseracing community to implement HISA's uniform Anti-Doping and Medication Control Program,” said Mittelstadt. “I look forward to using my experience and perspective to enhance the safety and integrity of U.S. horseracing.”

Pujals previously served for more than 20 years as a member of the NBA's legal department, most recently as vice president and assistant general counsel. During her tenure, she oversaw the development and administration of anti-drug programs for NBA players, coaches, and trainers, and was a member of the NBA/NBPA Prohibited Substances Committee and the NBA Crisis Management Team. Pujals also oversaw the NBA's general litigation matters, internal arbitrations and investigations, and the development of the NBA Arena Security Standards. Prior to joining HIWU, she was the owner and principal of Tautemo Consulting, LLC, a legal and sports consulting firm.

“I am excited and honored to join such a well-qualified, multi-disciplinary team dedicated to addressing anti-doping in Thoroughbred racing,” said Pujals. “It is our hope to improve fairness and integrity in the sport, as well as protect the wellbeing of the remarkable horses involved, for the benefit of both the industry and fans.”

Chris Guinty, CEO of DFSI, said of the appointments, “I'm extremely honored and humbled to be surrounded by such an amazing collection of anti-doping and equine industry talent on our HIWU team and Advisory Council. The HIWU leadership has assembled the best human capital in this space to ensure success and stakeholder buy-in.”

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 (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program, which will be effective as of Jan. 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.

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 (FTC), 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 comprised of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022; and the ADMC Program.

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On Friday, Aug. 5, the Florida Thoroughbred Breeders' and Owners' Association (FTBOA) advised the Florida Thoroughbred Horsemen's Association (FTHA) that the FTBOA will immediately begin making voluntary monthly contributions to help the FTHA offset a portion of its payments to the new federal Authority as it implements HISA at Gulfstream Park.

The FTBOA delivered its first monthly check to the FTHA that same day, as the initial installment of its anticipated $250,000 annual contribution. At the same time, the FTBOA committed to work with the horsemen and track to explore alternative funding sources to cover the increasing HISA costs that the horsemen and track will be responsible for going forward.

“The FTBOA appreciates the very worthy objectives and goals of HISA, but we also understand the significant financial and logistical challenges and burdens placed on the tracks and on horsemen and owners, many who are also FTBOA members, as they grapple with what most in our industry would agree has been a sometimes-rocky road toward full HISA implementation,” commented FTBOA CEO Lonny T. Powell.

“Stepping up on behalf of the state's breeders goes beyond just providing financial support — it demonstrates in a very concrete way our belief that this industry will thrive only if we move forward into the future together. Supporting FTHA and Gulfstream in this way is a perfect example of Thoroughbred horsemen helping each other. It also demonstrates our desire to support HISA and our industry's current and future efforts to keep the safety and welfare of our Thoroughbred racehorses the top priority at the track. Though we would all acknowledge that the recent launch of HISA under federal supervision has sometimes been confusing and frustrating, I am impressed with HISA's CEO and believe we need to give her and her team a chance to move the program forward. That's not to say that things don't need to improve, including the current lack of a realistic and less industry-draining model for covering HISA's regulatory costs. “

“This problem must be realistically dealt with by the industry coast-to-coast, including, and I think I speak for many of the states on this, the numerous individuals and organizations that helped bring HISA across the wire. Their impressive dedication and leadership is now needed on the financial part of the equation. Their continued hard work and passion will go a long way toward making HISA and its goals even more achievable and timely.”

“The FTBOA's contributions are only possible because of an innovative ADW partnership we have in place with Gulfstream and the FTHA. We came together on this based on the challenge of dealing with Churchill-owner Calder's exit from live racing several years ago and the resulting loss of purse and breeder awards funds. Our HISA payments actually closely equate to the amount we had hoped to add to our Florida-bred purse supplements at Gulfstream in an effort to start growing back our Florida-Bred Incentive Fund.  This program was jointly funded by the FTBOA, FTHA, and Gulfstream in years past, but the FTBOA was the sole funder in 2022.”

“Our thinking on the use of those funds changed after we spoke to The Stronach Group and truly appreciated the additional HISA regulatory costs being borne by our Miami partners.  After some quick research and internal discussion, it was pretty clear to us that, at least in the foreseeable future until changes are made to the HISA funding model in Florida, it would be better for all concerned to re-direct those ADW revenues from the FBIF to the immediate and present demands driven by HISA and the Authority.”

“Though no state breeders' association has the resources to substantially offset the HISA costs imposed on the tracks and their horsemen, I think most of us certainly are trying to step up and volunteer our support in the name of horse racing safety and integrity. I expect there are a wide and diverse set of possibilities under consideration by breeders' groups throughout the country based on their individual circumstances and their market and regulatory situations.”

“Beyond the FTBOA's direct economic support to the FTHA in offsetting some of HISA's regulatory costs, this action takes place alongside our continued commitment to work together with our Florida horsemen and track partners to seek possible legislative solutions like alternative HISA-funding options, etc. Additionally, we are always happy to work with the FTHA and Gulfstream to educate, inform and update owners, horsemen, and other industry members around the state on HISA matters through our ever-expanding Florida Equine Communications media products and platforms.”

“Once we get through this initial HISA adjustment phase, I would love for the three of us to then roll some of that same collective energy into other impactful programs, like growing the number of Florida-bred owners through active recruitment and retention. With Florida-breds currently winning more than 40% of Gulfstream's races – and with more than 70% of those Florida-bred winners sired by Florida stallions, it is obvious that Florida Thoroughbred breeding, sales, and ownership are the foundation upon which our track partner's racing programs operate all year long, in both the winter and the summer.”

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The Horseracing Integrity and Safety Authority and Federal Trade Commission were granted partial stays on Monday by the United States Court of Appeals that will allow the Authority to continue to enforce almost all of its racetrack safety rules in all states conducting interstate wagering on Thoroughbred racing.

The order follows last week's temporary administrative stay.

A panel of three judges for the U.S. Court of Appeals for the Fifth Circuit in New Orleans, La., ordered the stay of a July 25 injunction from a U.S. District Court judge that would have prohibited the Authority from enforcing its racetrack safety regulations in Louisiana and West Virginia. The lower court ruling was in response to a lawsuit from the two states, their racing commissions, the Jockeys' Guild, Inc.,  and several horsemen's organizations and individuals who claimed HISA rules were not promulgated in compliance with federal law or went beyond the language in the statute that created HISA.

Specifically, the lawsuit claimed the FTC – which oversees HISA – did not provide sufficient time for public comment before approving certain regulations. The Court of Appeals wrote that the “the stay elements are met with respect to the insufficiency of the 14-day period of notice.”

The suit also claimed HISA regulations go beyond the enabling legislation in certain areas:

-Assessments to the states, which statute says are determined by total starts. HISA adopted a funding formula beneficial to states with lower purses by creating a blended formula that takes into account total starts and total purses. (Rule 8510)

-Definition of covered horses varied slightly between statute and approved HISA regulations. (Rule 2010)

-Investigatory powers in approved HISA regulations also differed from statute regarding search and seizure. (Rule 8400).

The Court of Appeals denied the HISA/FTC request for stays in those specific areas, meaning the funding formula for Louisiana and West Virginia now will be based on total starts and not purses. That may lead to higher assessments for both states.

Elements of the “covered horse” definition cannot be enforced in Louisiana and West Virginia, specifically the  provisions saying a horse must be registered by the date of a horse's nomination or entry in a race. Horses will still need to be registered in order to race in all states, including Louisiana and West Virginia.

The current Investigatory Powers regulations may not be enforced in Louisiana or West Virginia, although HISA and the FTC are already in the process of changing those rules to comply with statute.

The Court of Appeals also ordered that the appeal by HISA and the FTC  be expedited to a September 2022 oral argument sitting.

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The United States Court of Appeals has issued a temporary stay nullifying a July 26 injunction preventing the Horseracing Integrity and Safety Authority from enforcing its racetrack safety regulations in the states of Louisiana and West Virginia.

For now at least, the stay also makes moot the question of whether the injunction is limited to Louisiana and West Virginia or also applies to Jockeys' Guild members riding Thoroughbred races in other states. The July 26 order by Terry Doughty, U.S. District Court Judge for the Western District of Louisiana, Lafayette Division, stated that the “geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia,” but also included the phrase “and as to all plaintiffs in this proceeding.”

The Jockeys' Guild, one of the plaintiffs in the lawsuit against HISA and the Federal Trade Commission, claims Doughty's ruling applies to Guild members riding in any U.S. state. The Guild had asked the court for confirmation prior to the issuance of the stay by the Fifth Circuit Court of Appeals in New Orleans, La.

The stay was ordered per curiam, with Judges Catharina Haynes, Andrew S. Oldham, and Kurt D. Engelhardt serving on the panel that heard the initial appeal. It was granted temporarily as an administrative stay “pending further consideration of the motion to stay.”

As such, it is unclear how long the stay will be in effect.

 

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