Tag: TJC Integrity

The Federal Trade Commission has issued an Order disapproving the Anti-Doping and Medication Control proposed rule submitted by the Horseracing Integrity and Safety Authority to its enforcement rule after a public comment period. The Horseracing Integrity and Safety Act, which recognized the Authority, includes a requirement that its rules must be submitted for approval to the FTC.

The Commission's Order explains that its disapproval arises from the legal uncertainty arising from a recent decision by the U.S. Court of Appeals for the Fifth Circuit, which declared the Horseracing Integrity and Safety Act unconstitutional. Because the next steps in the litigation could render the proposed rule unenforceable in the states that make up the circuit and in those that are plaintiffs in litigation, approving the proposed rule would be inconsistent with the Act's foundational principle that horseracing rules be uniform across the nation. Accordingly, the Commission did not reach the merits of the proposed rule, which the Authority may re-submit if the legal uncertainty is resolved.

The Commission vote to approve the rule modification was 3-0-1, with Commissioner Christine S. Wilson abstaining.

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Statement from HISA

“HISA appreciates the Federal Trade Commission's (FTC) decision to deny HISA's draft Anti-Doping and Medication Control (ADMC) rules without prejudice as we actively seek to resolve current legal uncertainties. HISA is eager to launch Thoroughbred racing's first and long-awaited national, uniform ADMC program and stands ready to do so. We will re-submit the draft ADMC rules to the FTC for their review as soon as these legal uncertainties are resolved, and once approved, we will implement the program through the Horseracing Integrity and Welfare Unit (HIWU). In the meantime, HIWU will continue to work toward the implementation of a uniform, independent anti-doping and medication control program that is administered consistently and fairly across the United States.”

Statement from Horseracing Integrity & Welfare Unit Executive Director Ben Mosier

“As the designated independent enforcement agency of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program, the Horseracing Integrity & Welfare Unit (HIWU) has spent the past seven months preparing for the Program's implementation on January 1, 2023, and stood ready to enforce this national, uniform program on that date pending approval from the Federal Trade Commission (FTC). Following today's decision by the FTC to deny HISA's draft ADMC rules without prejudice due to current legal uncertainties, HIWU will continue its education and outreach efforts to all stakeholders in the Thoroughbred industry. As HISA re-submits the draft ADMC rules for the FTC's approval, HIWU will use any additional time before implementation as an opportunity to ensure the industry is even more prepared for an efficient rollout of this Program, which will promote fair competition in the sport of Thoroughbred racing and the safety and welfare of our human and equine athletes.”

The post Legal Uncertainty Leads FTC To Disapprove HISA Medication Rules appeared first on Horse Racing News | Paulick Report.

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Since the guilty plea of Maximum Security trainer Jason Servis in a federal doping case last week, many in the racing world have questioned whether the colt will be stripped of his win in the 2020 Saudi Cup.

Observers will have to continue waiting for a final conclusion, according to a statement released by the Saudi racing authority's Twitter account on Dec. 12.

“The Jockey Club of Saudi Arabia continues to monitor developments in the USA with the ultimate aim of concluding an investigation related to the running of the 2020 Saudi Cup.

“Over the coming weeks we will assess our ability to conclude this investigation, which began in March 2020, in a robust and comprehensive fashion.”

After the arrest of Servis and two dozen others in an explosive indictment in March, Saudi officials announced they were withholding the purse from that year's race, which has been run Feb. 29.

Servis had initially entered a plea of not guilty to the charges against him but last week changed his plea to guilty on two charges — one of misbranding and adulterating a substance similar to clenbuterol, and another of misbranding and adulterating a drug called SGF-1000. He was the last remaining defendant from that original indictment who had yet to go to trial, enter a plea of not guilty, or make a deal with prosecutors. Servis had been set to go to trial in January.

Read our previous reporting on SGF-1000 here and here.

Servis was asked last week by U.S. District Judge Mary Kay Vyskocil about the doping of Maximum Security and admitted that the colt received SGF-1000, as did most horses in his barn, but did not specify when it was administered.

The post No News – For Now – On Maximum Security Saudi Cup Result appeared first on Horse Racing News | Paulick Report.

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Sentencing for Standardbred trainer and Thoroughbred owner Nick Surick has been delayed until Jan. 19 at 2 p.m. ET after U.S. District Court Judge Mary Kay Vyskocil postponed the original sentencing date of Dec. 15 because of an ongoing jury trial. Proceedings will be at the Daniel Patrick Moynihan Courthouse for the Southern District of New York, 500 Pearl Street in New York.

Surick, 34, was one of more than two dozen trainers, veterinarians, drug manufacturers and distributors arrested in March 2020 on charges of drug misbranding and adulteration that was the focus of an FBI probe into illegal horse doping in several states, including New York, New Jersey, Pennsylvania, Kentucky, and Florida.

Surick, whose 367 victories in 2019 placed him second among all North American trainers, according to the United States Trotting Association, also owned or co-owned Thoroughbreds that were trained by two other confessed horse dopers, Jorge Navarro and Michael Tannuzzo. Navarro is serving five years in federal prison. Tannuzzo was sentenced last month to 27 months in prison.

A third Thoroughbred trainer employed by Surick, Aparna Batula, is serving a 2 ½-year license suspension handed to her by the New Jersey Racing Commission for possession of 83 injectable vials and 36 hypodermic needles discovered in her Monmouth Park tack room. A search was conducted after Sassy Chub, a horse co-owned by Surick, tested positive for dexamethasone after finishing second in a Monmouth Park race on May 19, 2019. An attorney for Batula said the trainer was framed by a disgruntled former employee.

One of the first defendants to cooperate with prosecutors, Surick pleaded guilty in October 2020 to two counts of conspiracy and one count of obstruction. According to his attorney, Timothy M. Donohue, Surick provided “first-hand information” on performance enhancing drug use or distribution by, among others, Navarro, Marcos Zulueta, Michael Tannuzzo, Ross Cohen, Christopher Oakes, Seth Fishman, and Erica Garcia. According to the memorandum,  Surick provided information on potentially illegal conduct by others who had not been charged in the federal indictments.

A cooperation agreement often leads to a reduced sentencing recommendation from the U.S. attorney. However, in a memorandum to Judge Mary Kay Vyskocil, the attorney for Surick said prosecutors have determined that their client is not entitled to a “downward departure,” a legal term for a sentencing that is lower than the minimum suggested by federal guidelines.

Under the original charges, Surick faced up to 20 years in prison. His attorney has asked Vyskocil for a “downward variance” and sentence Surick to 12 months home confinement so that “he will be able to continue operating his fledgling, new business so as to provide a living for himself and his employees.”  The attorney said Surick started a landscaping business that has six employees.

The reason for the government's decision not to ask Vyskocil for a reduced sentence for Surick isn't certain, but the sentencing memorandum from his attorney brings up a discrepancy in one element of the information Surick provided the government concerning a Standardbred named Northern Virgin. This was the horse that Surick admitted attempting to hide from racing officials seeking an out-of-competition test sample after it was given an injection of the blood-doping agent EPO. Surick told the government that veterinarian Rebecca Linke administered the EPO shot while he held the horse's head.

“Critically, it turned out later that Surick's recollection was wrong,” his attorney wrote. Linke, it turns out, was not present when the EPO injection was given and apparently produced records to prove it. Linke has entered into a deferred prosecution agreement with the government, meaning charges will be dismissed if she complies with the terms of the agreement.

Surick's government file also includes what appears to be an anonymous submission mailed from Trenton, N.J.,  to Vyskocil attempting to show that Surick is not living up to a statement in the sentencing memorandum that he “immediately surrendered his horse racing licenses and no longer participating in the sport.” Along with a copy of that page of the memorandum is a screenshot from the website theblackbook.com showing that Nicholas K. Surick, agent, paid $60,000 for a standardbred filly named Jag Out.

The consignor of the horse purchased by Surick was Preferred Equine, operated by David Reid, recipient of this year's USTA President Award. Jag Out was purchased in November 2022 at the Harrisburg Sale operated by USTA president Russell Williams.

Sources have provided the Paulick Report other instances alleging additional bloodstock purchases by Surick since his March 2020 arrest.

A racing license is not required to purchase horses at auction.

The post FBI Probe: Attorney For Nick Surick Says Government Won’t Recommend Reduced Sentence appeared first on Horse Racing News | Paulick Report.

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Thoroughbred Horsemen's Association is inviting all horsemen, assistant trainers, and veterinarians to participate in a Zoom webinar that will focus on the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Program, which is currently scheduled to take effect Jan. 1, 2023.

Mary Scollay, Chief of Science for the Horseracing Integrity and Welfare Unit, will be in person on Wednesday, Dec. 14 at NOON ET in the Belmont Cafe in the Belmont Park grandstand.

HIWU, part of Drug Free Sport International, is responsible for administering the ADMC program. Dr. Scollay will make a presentation and then remain for a question-and-answer session that will also be streamed online.

Even though the question of the constitutionality of the Horseracing Integrity and Safety Act remains unresolved and is making its way through the courts, it is important to prepare for the ADMC, which includes changes in medication policy and testing procedures.

Horsemen who are not able to attend in person are encouraged to participate in the Zoom session and ask questions via ZOOM.

It is expected the seminar can be used for Continuing Education credits.

Please click here to register for the webinar. Join-in instructions will then be emailed.

The post THA Schedules Webinar On HISA’s Anti-Doping And Medication Control Program For Dec. 14 appeared first on Horse Racing News | Paulick Report.

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