Letter to the Editor: Rules

As many people are aware, I have been a member of WHOA and a supporter of HISA from the beginning. I want what we all want. Uniform and sensible medication rules and testing that promotes the integrity of our sport while protecting the innocent and punishing the cheaters. So when I received a call advising me that a horse I help manage was disqualified for an acepromazine positive, I was surprised to say the least.

My initial reaction and explanation to the owner was the horse must have had the drug administered and it failed to clear his system in the expected time. Texting back and forth with his Hall of Fame trainer, I learned this was not the case. He was adamant no one in his barn administered the horse ace at anytime. So the $64,000 question: how did it get there? Contamination, nefariousness by some unknown person? And more importantly, what sense does any of this make? Here is a horse who ran his heart out beaten a nose in a graded stakes. So he certainly didn't perform like a horse with a tranquilizer in his system.

I have had it explained to me several times why we test to the minuscule levels that we do and how these levels can have an effect on a 1,200-pound race horse. But, honestly, the explanation still doesn't resonate with my layman brain. And although my desire and conviction is not diminished that we as an industry will benefit from uniform rules and testing, I am at a loss to understand how rulings like this serve this purpose. Forget the fact that a Hall of Fame trainer with a record of now two violations in his 43-year career is penalized. The real harm to our sport is an innocent owner loses the purse and no one has a good explanation of how the illegal (and minuscule) amount of the drug got in his horse's system. How does that keep an owner in the game or attract new ones? Now that HISA has hit the reset button, can't we please come up with sensible rules and testing so the innocent are protected and the guilty are punished? The system remains broken. There must be a better way.

Craig Bandoroff is the owner of Denali Stud in Paris, Kentucky. 

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Keeneland Sporting Art Auction Draws Best Visitation in 10-Year History

The Sporting Art Auction, conducted by Cross Gate Gallery of Lexington and Keeneland, held the most successful sale in its 10-year history, with 90% of its lots sold this past weekend. Friday's auction drew in 300 buyers from nearly a dozen countries and grossed nearly $2.5 million.

The highest-grossing piece was the sale of famed Kentucky artist Henry Faulkner's Floral, a signed oil on Masonite, which went for $123,375. The globally prominent auction, which featured 180 high-quality lots representing fine Sporting Art, American paintings, and sculptures by renowned artists, was held in the Keeneland Sales Pavilion.

“We were blown away by the interest we received from buyers both new and old at this year's auction, particularly when it came to works by American artists like Henry Faulkner,” said Greg Ladd, Owner and Founder of Cross Gate Gallery. “A shocking amount of works went well beyond our highest estimates, which is a testament to the growing interest collectors and buyers have in sporting art. We were fortunate enough to host our auction at Keeneland after an exceptional season of racing and sales, which undoubtedly inspired more fans to become owners of equine art themselves.”

Additional highlights among the evening's top-priced works were David Shepherd's Lion in the Serengeti, an oil signed and dated '75, for $82,250, and Andre Pater's signed pastel 2022 Breeders' Cup, Keeneland Race Course, which he created as the official artwork of this year's Breeders' Cup World Championships, for $76,375. Other notable works included Richard Stone Reeves' Unique Triple, Raise a Native, Affirmed & Exclusive Native, Spendthrift Farm, an oil signed, inscribed and dated '82, which sold for $61,100, and Swaps, an oil signed and inscribed for $49,350; and Peter Howell's signed oil Deauville, Exercise by the Sea for $58,750.

Keeneland's portion of the auction proceeds continues its mission to benefit non-profit initiatives. “The excitement of Keeneland racing and sales along with the Breeders' Cup sparked a buzz around this year's Sporting Art Auction,” Keeneland President and CEO Shannon Arvin said. “It's been really fun these past 10 years to watch the auction thrive and grow into what we hoped it would be from its inception–a highly anticipated event for sporting art enthusiasts. For Keeneland, it combines fun and philanthropy in support of our mission to better the local community.”

For more information, please visit www.thesportingartauction.com.

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Trainer Tannuzzo Gets 27-Month Prison Sentence in Doping Case

The barred Thoroughbred trainer Michael Tannuzzo, 50, was sentenced to 27 months in a federal prison on Monday as part of plea agreement in which he had previously copped guilty to one felony count of drug adulteration and misbranding with the intent to defraud or mislead.

Tannuzzo, a native of Brooklyn and Queens who had 11 horses racing at Aqueduct at the time of his Mar. 9, 2020, arrest, made headlines 24 hours later by steadfastly declaring his innocence and maintaining that the New York State Gaming Commission shouldn't have suspended his license after learning he had been booked by the feds on felony charges related to equine drugging conspiracies.

Tannuzzo told Daily Racing Form at that time that he was being targeted because his “best friend” was the trainer and high-profile defendant Jorge Navarro. His conspiracy charges were related to Tannuzzo picking up a package of a purported performance-enhancing drugs (PEDs) from Navarro's residence and delivering it to him at Monmouth Park. Tannuzzo said that equated to “guilt by association.”

But since Tannuzzo made those initial statements in the press nearly three years ago, Navarro has long since admitted to doping his horses, changed his own plea to guilty, and is currently serving a five-year prison sentence.

Tannuzzo was also ordered to pay $15,893, representing the value of “forfeitable property,” or the drugs in this case.

The Blood-Horse first reported Tannuzzo's prison sentence, citing a source who was present in the courtroom. The online docket for this case was not updated prior to deadline for this story, which is not unusual for court actions that occur late in the afternoon.

According to a sentencing submission filed by prosecutors, Tannuzzo “distributed, procured, and administered PEDs to dope racehorses and corruptly improve their race performance. Tannuzzo collaborated with convicted co-defendant Jorge Navarro in furtherance of Navarro's doping program.

“Not content to assist, Tannuzzo personally procured PEDs from multiple sources to administer to horses he controlled. Tannuzzo was involved in the offense conduct for approximately one year. In that time, Tannuzzo engaged in repeated efforts to dope horses under his care. Tannuzzo also displayed deep knowledge of the extent of Navarro's doping program and took steps to facilitate it.”

The submission continued, “Notwithstanding these efforts, Tannuzzo has repeatedly downplayed the fact and extent of his criminal conduct. Tannuzzo's minimization originated with his post-arrest statements to the press and extended to his allocution during the change of plea hearing. But the defendant cannot reasonably dispute the facts supporting his conviction: Tannuzzo obtained, and assisted others in obtaining, unapproved, untested, novel PEDs intended for administration on horses in violation of racing rules, despite the inherent risks of subjecting animals to unnecessary and unknown medications.”

The government had requested a sentence “at the low end of the Stipulated Guidelines Range of 30 to 36 months' imprisonment.” Tannuzzo's lawyer, in his own sentencing submission, had asked for probation or home confinement.

According to a trove of wiretapped calls that federal prosecutors had intended to use as evidence had the case gone to trial, on Mar. 3, 2019, Navarro and Tannuzzo discussed modeling a doping program based on one Navarro had used on his elite-level stakes sprinter, X Y Jet. A key takeaway from this discussion is that neither trainer seemed sure of the name of the substance that would be administered.

Navarro: What I'm going to do is tap his ankles, put him in a series every week with SGF. I'm just trying [to get] my vet to give me a good price, man, because I want to [expletive] tap every week.

Tannuzzo: You're going to tap him every week?

Navarro: Yeah, with SGF. That's what I did with X Y Jet. I'm going to call my vet up north, my surgeon, to see how he did it to X Y Jet and that's it. Don't worry man, you're in good hands. Don't worry.

Tannuzzo: You're talking about the HGF, not the SGF.

Navarro: Yeah, yeah, yeah. Whatever. The SGF whatever. The thing that you sent me in the syringe.

Tannuzzo: Yeah.

Within 10 months of that conversation, X Y Jet would die suddenly under Navarro's care, allegedly from cardiac distress that has never been fully documented or explained.

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Temporary Stay From August Lifted in Different HISA Suit

The United States Court of Appeals for the Fifth Circuit, which on Friday issued the landmark order declaring that the Horseracing Integrity and Safety Act (HISA) is unconstitutional, has made a second HISA-related ruling in a separate case.

This order, which was also filed Nov. 18 but got overshadowed by the broader ramifications of the non-constitutionally ruling, lifts an “administrative stay” that had been issued back in August in a case in which Louisiana, West Virginia, the Jockeys' Guild, and other parties sued the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, also over alleged non-constitutionality issues.

The plaintiffs had sued in District Court for an injunction against implementation of the HISA rules until a final decision was made on constitutionality. That injunction was granted, but HISA and the FTC then went to the Fifth Circuit and lodged an appeal that stayed the injunction.

Now that stay has been lifted, allowing the injunction against HISA regulations to become active for the plaintiffs once again.

“In a separate case decided today, our court has ruled that HISA is facially unconstitutional under the private non-delegation doctrine,” the Nov. 18 order stated. “Accordingly, we remand this case to the district court for further proceedings in light of [the other referenced case].”

A footnote in the ruling further explained that, “The stay suspended the injunction to the extent the district court found the rules generally violated the [Administrative Procedure Act's] notice-and-comment requirements. The stay left the injunction in place, however, as to three specific rules that the district court found exceeded the FTC's authority under HISA.”

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