tom chuckas | Horse Racing Free Tips

HISA’s Medication Control Program Reportedly Delayed Again

The Horseracing Integrity and Safety Act (HISA) Authority's Anti-Doping and Medication Control (ADMC) program, which was expected to go into effect May 1 after twice having its start delayed this year, is reportedly now not going to be implemented for an additional three weeks, until May 22, according to comments made by Tom Chuckas at Tuesday's Pennsylvania Horse Racing Commission meeting.

TDN is attempting to confirm that news with the HISA Authority after hearing the new ADMC start date discussed at the meeting.

Chuckas, the director of Thoroughbred horse racing for the Pennsylvania Department of Agriculture, brought up the ADMC's latest delay during his monthly briefing to commissioners about HISA and the Horseracing Integrity and Welfare Unit (HIWU), which is the entity that will operate the ADMC.

“Relaunch was scheduled for May 1,” Chuckas said. “I was contacted [Apr. 21] by HIWU to be advised that based on the Triple Crown, based on multiple tracks opening, that May 1 would not be the launch date. It would be May 22.

“From a commission standpoint, the commission staff, the livestock workers, the vets, and assorted personnel are in place and will continue to do whatever is necessary to maintain Pennsylvania racing,” Chuckas said.

A HISA spokesperson did not respond to email and voicemail requests for an explanation prior to deadline for this story.

Initially, the ADMC program had a Jan. 1, 2023, start date. In mid-December 2002, that date got scrapped when the Federal Trade Commission (FTC) declined to approve the rules that would make the program operational, citing legal issues.

The HISA Authority then ramped up for an expected Mar. 27 start date after receiving FTC clearance. The ADMC went briefly into effect for four days, but on Mar. 31, a federal judge in Texas issued a 30-day injunction that suspended the program. That ruling is part of a long back-and-forth struggle between pro- and anti-HISA forces.

The order out of United States District Court, Northern District of Texas, Lubbock Division, was in response to a motion filed by the National Horsemen's Benevolent and Protective Association (NHBPA) arguing that the rule violated a provision of the Administrative Procedures Act (APA), which governs the process by which federal agencies develop and issue regulations.

But the court only addressed that 30-day rule required by the APA, and not the NHBPA's larger claims that HISA remains unconstitutional despite recently added clarifying language.

Back when the Mar. 31 order was issued, Lisa Lazarus, the HISA Authority's chief executive officer, said, “Obviously we're disappointed by the decision out of the Lubbock court, but it has to do with the FTC process; it's not strictly related to HISA. As a result, we're going to suspend operations for a few days, and get ready to go again on May 1, and hand it over back to the states to essentially run the programs….

“At this point, it's just 30 days, so we can plan for that, communicate that. So in weighing all the interests, we thought it was best to accept the decision, communicate it, plan for it and use this 30 days to continue to improve our processes. The ruling does make it clear that as of May 1, we're operational again,” Lazarus said back on Mar. 31.

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Letter to the Editor: Positive Changes Coming Out of Pennsylvania, by Bryan Langlois, DVM

Over the past few months there have been stories about various State Racing Commissions doing or not doing things for the good of the sport. The Triple Crown season always brings more of a spotlight on the sport and, most times, how there is no progress being made. Quietly, however, one State Racing Commission has been making positive strides in improving the safety, welfare, and integrity of the sport and industry. That state is Pennsylvania.

There perhaps has not been a more public vocal critic of the Racing Commission than myself over the last few years (a look back at my public comments at meetings will show this). However, I must say that the changes being announced, implemented, and backed up with action are extremely pleasing to see. The issues that have plagued the industry (and Pennsylvania has often been called the prime example of these issues by many) are not something that are going to be solved overnight. It is going to take time and effort to do this. What the Pennsylvania Racing Commission has finally done is taken a good, hard look in the mirror and identified specific areas that need to be addressed and changed. That started with the Committee on Equine Welfare and Safety that the Commission created. The Committee came out with 11 “action items” that were going to be implemented in various stages of time (anyone familiar with the process to get regulations passed in Pennsylvania knows of the length of time it takes) with the goal of improving the safety of the horses, the safety of the participants, and the integrity of the sport in the public's eye.

It is one thing to just come out and say you are going to do something. It is quite another to do it, and, so far, the Commission has backed up its words with action. At each monthly meeting Thoroughbred Bureau Director Tom Chuckas gives a detailed a report on where each of the action items sits in the implementation process as well as a review of any enforcement actions taken. It is evident from what is reported at the meetings, such as barn and vehicle searches turning up syringes and medications that should not be there, “jog up” inspections of horses in various barns (leading to a few being flagged for closer inspection and one being placed on the vet's list), and an increasing number of Out of Competition Tests being done each month, that the Commission and its investigative team are taking this task very seriously and letting the public know it.

I know there are those out there that will still say the tracks in Pennsylvania are a cesspool and the Commission has no idea who the real cheaters are and such. Well, for those that claim to have all this inside info on the cheaters and what they are doing, a special “integrity hotline” has been created that allows you to leave this information anonymously. The number for this hotline is (717) 787-1942. You must leave a detailed message, and someone will only contact you back if you specifically request it. Otherwise, the calls will be investigated based on the message left. So far, 20 calls have been placed to the hotline with eight being completely resolved and 12 still being investigated. Yes, we would all like to know all the details of these investigations and who was investigated (myself included), but we also must realize that information does have to remain private for these things to work properly. So as the old saying goes, “If you see something, say something.”

A person who makes poor lifestyle choices for decades of their life is not going to turn everything around and have the effects of those choices disappear after a month at the gym. The same is true of this sport. It has taken decades for this industry to get to where it is, and it is going to take more time than any of us would like to right the ship properly. Some agencies and tracks continue to turn a blind eye to things and hope it will all be OK or offer lip service about change with no evidence to back it up. Pennsylvania is finally taking the right steps to bring integrity and safety back to the sport, and Director Chuckas and the Commission are to be commended for their efforts so far. I look forward to the continuation of these positive developments.

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Sanchez Suspended, Gambling an Outlet for Depression

Jockey Mychel Sanchez, who has been suspended 60 days by the Pennsylvania Racing Commission for betting on horses other than the ones he rode, is not a cheat or a race-fixer, his attorney told the TDN Friday. Rather, said lawyer Alan Pincus, Sanchez was dealing with a serious case of depression and took to gambling as an outlet. Pincus said that in all instances Sanchez tried his best to win the races in question, whether he had bet against his own horse or not.

“It was clear he was giving his best effort,” Pincus said. “He was not fixing races. He won several of the races in which he bet against his horses. The horse paid $37 in one race, $27 in another. He was just doing something crazy that only a psychiatrist can explain.”

With Sanchez's main track, Parx, dark Friday, the jockey was listed on two mounts at Laurel. After the Maryland Racing Commission learned of the Pennsylvania suspension, Sanchez was taken of his mounts. The Maryland Jockey Club and 1/ST RACING issued a statement later in the day in which it said Sanchez has been banned indefinitely.

“After learning of the serious allegations of illegal wagering on the part of jockey Mychel Sanchez, effective immediately 1/ST RACING will institute an indefinite ban against him from training or racing at any 1/ST RACING venue,” read a statement issued by 1/ST RACING. “Any decision regarding Sanchez's reinstatement will be made at a later time. 1/ST RACING stands on the principles of integrity and accountability, and we believe there is no place in our sport for this kind of unethical and illegal activity.”

Tom Chuckas, the director of the Thoroughbred division of the Pennsylvania Racing Commission, was not available to the media. A call to his office went to voice mail and no one returned the call from the TDN seeking comment. There was nothing related to Sanchez's suspension on the page on the Pennsylvania Racing Commission's website listing rulings. An official ruling will likely be issued following a regularly scheduled commission meeting next week.

Should Chuckas ever make himself available, he will likely be asked to explain what appears to be a serious offense resulted in a suspension of just 60 days.

“Mychal is a straight shooter and he has worked hard and with skill and talent has risen to a very strong position,” Pincus said. “He is the sole support for his family both here and in Venezuela and life, on the surface, was great for him. But, he was feeling depressed. And he was not doing anything to deal with it. He was just turning inward. He turned to gambling on the races for a very short period of time. I'm not a psychiatrist, but he was doing this to numb the pain.”

Pincus said that Sanchez opened a TVG account in his own name and began betting Dec. 23 and made his last bets Jan. 3. He went six for 28 during that period. During that time, he also rode at Aqueduct and at Laurel. Pincus said he was not sure whether or not Sanchez also bet against his mounts in New York and Maryland or just at Parx. If he bet against himself in New York or in Maryland, he could face additional penalties from those states.

“We will look into this,” said J. Michael Hopkins, the executive director of the Maryland Racing Commission. “But right now he's suspended in Pennsylvania, so there's no need to be in a rush because he doesn't ride here regularly. But we will definitely take a look at it.”

TVG employees noticed that the jockey had been betting against his own horses and notified the appropriate racing commissions.

Having, through his lawyer, admitted that he bet against his own horses, Sanchez will not fight the suspension.

“He was suspended 60 days starting [Friday] to the 21st of March,” Pincus said. “Obviously, it was warranted. We are not going to appeal this.”

Pincus said that Sanchez has already enrolled in a problem gambling program and has also sought out psychiatric help.

“He just did something because of a mental problem,” Pincus said. “People are responsible for their own actions, but he has to be viewed with sympathy.”

Sanchez began riding in the U.S. in 2013 and was the leading rider at Parx in 2020. According to Equibase, he's won 940 races from 6,097 mounts.

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Pennsylvania: Chuckas Now Says Barn Raids Resulted In ‘Nothing Of Substance’

In late May, Tom Chuckas, the director of Thoroughbred horse racing for the Pennsylvania Department of Agriculture, reported to the Pennsylvania Horse Racing Commission that a series of barn raids resulted in a “significant amount of contraband.” This week, Chuckas has changed his tune, reports the Thoroughbred Daily News.

“In the last months, enforcement action was taken both at Penn National and at Parx,” Chuckas said June 29. “That enforcement action consisted of…vehicle searches, barn searches, vet trailer searches. In addition, we did out-of-competition testing both at Penn National and at Parx, and the preliminary results from these investigative enforcement actions is very, very minor infractions. Nothing of substance.”

Between those two meetings of the PHRC, Parx Hall of Fame trainer Ricardo Vega, who trains as Richard Vega Racing Stable, was summarily suspended after multiple loaded needles and syringes were found in his tack room at Parx during the raid described by Chuckas.

The PHRC issued the summary suspension on May 24, following the raid. The next day, three of Vega's horses were stewards' scratches from the May 25 race card at Parx. A board of stewards hearing was held on May 27, where officials voted to uphold the summary suspension issued earlier in the week.

The summary suspension cited two violations of state code — one that prohibits the possession of hypodermic needles, syringes, or injectable substances by non-veterinarians, and another that states “a licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith public perception and confidence in the racing industry.”

Vega has not started any horses since May 19 at Parx, but is reported to be appealing his suspension.

Read more at the Thoroughbred Daily News.

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