Jimmy Corrigan Vows to Fight HIWU Suspension

When Jimmy Corrigan was informed after an Oct. 7 race at Belterra Park that his horse Stay Lost (Bernardini) had tested positive for the banned substance methamphetamine he was shocked. The native of Ireland had been training in the U.S. since 1992 and had never had a drug positive of any kind. He said he is careful who he hires and that he's sure that no one in his barn had ever touched the drug.

But, at least initially, these things don't matter under the rules of the Horseracing Integrity and Welfare Unit (HIWU). Corrigan's horse had tested positive and he would be held responsible. With the B sample having come back and also containing methamphetamine, his suspension has taken effect. He faces a suspension of up to two years.

“This has to stop now, not just for me, but for racing,” Corrigan said. “I'm not walking out on this. But things have to change. People are scared and what they have done is create a toxic environment for everyone. People come to me and say they are scared. Is that what they want, where everyone is paranoid? It used to be that when you lost races you worried. Now, when you win races you worry as well.”

Corrigan, 63, who never trained in Ireland, opened up his stable in 1992. He has 315 career winners, including 13 in 2023. His best year was in 2011 when he won 32 races. According to the Jockey Club's Thoroughbred Regulatory Rulings page, Corrigan has never had a positive test. There's nothing about him or his record to even remotely suggest that he cheats.

But that's not something that enters in the picture when a trainer gets a positive test from HIWU for a banned substance. Six trainers have been sanctioned by HIWU for methamphetamine positives, including one trainer, Dick Clark, who has three separate positives for the drug.

Corrigan believes these are all cases of environmental contamination. He said that at Belterra one of the bathrooms is filthy, a reason why some urinate in the stalls. On top of that, he said dozens of people might handle the horse between the time it gets to the track and when it runs.

“They want me to control that. I can't,” he said. “It's environmental contamination. That's what happened. I can't be responsible for what other people are doing. So many different people touch the horses by the time they get to the starting gate. It's ridiculous that this can be penned on anyone.

“We know we're being scrutinized under HISA,” he said. “We're like fish in a bowl. We're under a microscope. Why would anybody give a horse anything when they know they're going to be tested. There's no logic to this, no commonsense. They want you to be responsible for what other people may or may not be doing. That's impossible, they're ignoring science and what you've got is people who don't know what they're doing patting themselves on the back.”

For Corrigan, the next step is to have a hearing which he said will cost him $8,500. If he loses the hearing he can always take his case outside of racing and to a court, which will cost even more money.

“I am not quitting,” he said. “I love the game and have been at it a long, long time. I've got the greatest owners and greatest staff in the country. Nobody has it better than me. I love the game.”

In the meantime, since the suspension went into effect on Dec. 27, he has had to disperse his horses to other trainers. He hopes commonsense will prevail and HIWU will cut him a break. But he can't be sure.

“Yes, I am worried I will get the full two years,” he said. “But to do so they're going to have to ignore that in the 30 years I've been training I've never had a bad test. And 30 years later, I am going to start cheating? It's mind boggling.”

Asked to comment on the Corrigan suspension, Alexa Ravit, Director of Communications & Outreach of the Horseracing Integrity & Welfare Unit, provided the following statement:

“There were 10 reported methamphetamine findings (five positives from the same trainer, and two positives from Belterra) from 34,470 horses tested through October 7, the date of sample collection for Stay Lost. Therefore, the methamphetamine positivity rate was 0.029%.

When a trainer is notified that a Covered Horse under their care has tested positive for a human substance of abuse such as methamphetamine, the positive test will not be publicized, and a Provisional Suspension will not be imposed, unless/until the B Sample result confirms the A Sample finding. This rule was modified to give trainers time while the B Sample analysis was being completed to provide information to HIWU that indicates that the positive test result was likely due to unintended transfer or contamination.

Mr. Corrigan did not provide any information to HIWU while waiting for B Sample analysis. The ADMC Program's adjudication procedures for alleged Anti-Doping Rule Violations include the right to request a hearing before the Arbitral Body, and Mr. Corrigan has informed HIWU that he is exercising that right.”

HISA CEO Lisa Lazarus added, “HISA and HIWU have gone to tremendous efforts to make resources available to trainers to bring information to our attention if a horse tests positive. We made Alan Foreman available as an ombudsman, we launched a panel of free lawyers for trainers who can't afford representation, and our staff is always available to answer questions and liaise with horsemen. When Mr. Corrigan was notified of his positive test he was asked by HIWU to provide any information that would help in the evaluation of his case. He ignored the request and never answered HIWU or provided any information whatsoever. The first time we learned that he believed the positive test was caused by contamination was when we were asked to comment on the case by the TDN. It is very hard to help trainers if they do not communicate with us or use the resources available to them.”

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Nunn’s Attorney Charges HISA With Hypocrisy In Dealing With Intra-Articular Injections

Attorney Drew Mollica understands that his client trainer Doug Nunn violated Horseracing Integrity and Safety Authority (HISA) Rule 3313, which prohibits trainers from running a horse within 14 days of an intra-articular joint injection or working them within seven days of the injection. What he doesn't understand is why his client has been suspended while at least 15 other trainers have been let off the hook for the same violation.

“This is the height of hypocrisy,” Mollica said. “He has been victimized by a system that is flawed.”

On June 26, HISA announced that it had temporarily suspended full enforcement of its intra-articular joint infection rules and that the rule covering workouts would not go into effect until July 15. According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers had breached the rule surrounding intra-articular joint injections prior to a workout. Lazarus said the delay in implementing the rule was needed because there was confusion among trainers regarding the specifics of the rule.

“On the workout side, while it was mentioned in the education process, it seems that a lot of trainers just really didn't understand it, and most of the violations we saw were only off by one day,” she said. She added that the temporary modification of enforcement of the rules was deemed the most “fair and equitable” way to proceed “given the number of violations.”

Alexa Ravit, the director of communications and outreach for the Horseracing Integrity and Welfare Unit (HIWU), confirmed in an email to the TDN that Nunn's penalty was not excused because the injection was too close to a race while the other offenders were too close to a workout.

Monmouth Park Racetrack | Bill Denver/EQUI-PHOTO

According to Mollica, the horse in question, Smithwick's Spice (Frost Giant), was injected 12 days before racing on June 9 in an allowance race at Delaware Park, which the gelding won by three-quarters of a length. That, he argued, is less egregious than working a horse within seven days of an injection.

“The people who made the mistake of working within seven days put more stress on their horses than he did in the 12 days between the injection and racing,” he said. “The racing-versus-the-work argument is not logical because his horse had more time to recover.”

Mollica also said that if HISA had been doing its job the entry of the horse would not have been allowed.

“Doug Nunn's horse had an injection and it was reported on the horse's portal on May 31,” he said. “Everyone knew about it. HISA was supposed to now flag his entry. The horse was supposed to be ineligible to race. But they, maybe because of confusion, didn't do it. Doug Nunn was confused about the rules and didn't talk to his vet and didn't coordinate things properly. He entered the horse. The overnight was out eight days before the race. HISA never said 'Wait a minute, Doug, your horse isn't eligible.' They let him run on June 9. He wins on June 9. There was confusion as to what he was supposed to do. But Doug Nunn, as opposed to, fill in the blanks, the trainers who they let off, was treated differently. Those guys got a pass. That's not America to me.”

Mollica said that if possible confusion about the rules was the reason why trainers who violated the workout provision of the rule weren't suspended then there's no reason why the same argument shouldn't apply to racing a horse in violation of the rule.

“In this situation, there obviously was confusion,” he said. “How do I know? Because HISA themselves dropped the ball. Delaware Park was confused. HISA was confused. Doug was confused. Why is his any confusion any different than their confusion?”

Mollica also wants to know what trainers violated the workout rule. Although any possible suspensions were waived, their horses were ineligible to race within 30 days of the injection, which Mollica, argues, should make the names of those horses a matter of public record. He pointed to the June 29 story in the TDN in which Lazarus implied that the names of those horses would be released.

“When horses are suspended, you'll be able to figure that out,” Lazarus said at the time, pointing to HIWU's “public disclosures” webpage.

However, the names have not been disclosed and a request to HIWU by the TDN to release the names of the horses involved was denied.

Monmouth Park First Turn | Sarah Andrew

“Since the trainers were not Provisionally Suspended and Charge Letters were not issued to them because they only received a warning (as per HISA's notice), HIWU will not be publishing the names of the horses currently facing a 30-day period of Ineligibility due to breezing too soon after an IA injection,” Ravit wrote to the TDN in an e-mail. “For IA-related matters after July 15, the names of both the trainers and the horses will be published once a Charge Letter is issued to the trainer.”

But HISA's own rule 3620 makes it clear that public disclosure is required. It reads: Rule 3620. Public Disclosure
(a) The Agency shall Publicly Disclose the resolution of an alleged violation of the Protocol no later than 20 calendar days after:
(1) the final decision;
(2) a resolution between the Agency and the Covered Person; or
(3) the withdrawal of a charge or a final decision finding of no violation

Why won't HISA/HIWU release the names of the horses that worked within the seven-day period, even though their own rules say they must? Mollica said he didn't want to speculate but he was quick to fault them for a lack of transparency.

“My problem is the lack of transparency and the lack of fairness,” he said. “What's good for the rich and famous trainers should be good for Doug Nunn. The lack of transparency shows because Lisa Lazarus said you'll know the names of those trainers when we publish the names of the suspended horses. Now we understand they are not going to release the names of those horses. Meanwhile, Doug was publicly villainized with his ruling up there on their website, yet we don't even know who these people who were given a pass are. So tell us. Transparency is the greatest disinfectant. We obviously have an infection. Why are we not disinfecting it?”

Nunn's violation can yield a suspension of up to 60 days but Mollica said he has reached an agreement with HISA and HIWU and that his client will receive a 30-day suspension. The situation has left him asking a lot of questions and he doesn't have all the answers, but he believes that Nunn was treated differently because he's a small-time trainer. Based at Monmouth Park, he's won six races this year from 59 starters and has 305 career victories.

“If you are going to start opening up loopholes, you can't open up loopholes for some and not for others,” Mollica said. “Doug Nunn is a victim of being a small guy in a big world. I do think he's being treated differently, like a lot of little guys are. This is stacked against the little guy. They excoriated Nunn and let others off and they won't even tell us who they are.”

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Trainer Doug O’Neill Suspended 60 Days

Trainer Doug O'Neill has been suspended 60 days, fined $10,000, and put on probation for one year stemming from a medication positive by his starter Worse Read Sanchez (Square Eddie) at Golden Gate Fields May 1, according to a ruling posted on the California Horse Racing Board (CHRB) website. The 3-year-old gelding finished third in Golden Gate's Silky Sullivan S., his only start at the Northern California track. Worse Read Sanchez, who is owned by Reddam Racing LLC, has since made five additional starts at Santa Anita and Del Mar, with his best finish a third Oct. 7 in an optional allowance in Arcadia.

The ruling is pursuant to CHRB Rule #1887 for violation of CHRB Rules #1843 (a) & (d) (Medication, Drugs and Other Substances) and #1843.1 (a) (Prohibited Drug Substances). The prohibited substance was reportedly lidocaine, a Class 2 violation.

In addition to a 60-day suspension and $10,000 fine, O'Neill will be placed on a one-year probation, retroactive to May 1, the date of the violation, and ending May 1, 2023. His 60-day suspension is to be stayed 30 days for good cause. The actual days of suspension will begin Nov. 21 and end Dec. 20. If any of the probation is violated, the stayed 30 days will be reinstated in addition to any penalty for any addition rule violation.

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Vazquez Remains Eligible to Race at NYRA Tracks…For Now

Trainer Juan Vazquez has been granted a stay of a recent suspension handed down by the Pennsylvania Horse Racing Commission, which will allow him to continue to race at the NYRA tracks for the time being. He has three horses entered on Thursday's card at Aqueduct.

However, NYRA issued a statement Saturday in which it said it will consider filing charges against Vazquez, which could lead to his being banned.

Vazquez received two consecutive 15-day suspensions after two of his horses tested positive for the dewormer levamisole in races at Parx. One, Hollywood Talent (Talent Search), tested positive after winning the GIII Turf Monster S. at odds of 108-1.

Because NYRA is affiliated with the state of New York, a court ruled in the Bob Baffert matter that it cannot ban trainers without adequate due process. Since the court decision, it has gone ahead with a hearing for Baffert and another, for Marcus Vitali, is scheduled for next month.

“Since Juan Vazquez was granted a stay of the Pennsylvania suspension, he retains his license to participate in New York,” the statement read. “In the July decision, and in subsequent rulings, the court was clear that NYRA is required to provide adequate due process prior to revoking privileges to participate at NYRA tracks. To refuse entries or prohibit Mr. Vazquez from accessing the property, for example, are actions that NYRA could take against a licensed trainer only after he is provided satisfactory due process. That process is deliberative and not immediate, which is why Juan Vazquez is permitted to participate at NYRA while he appeals his suspension in Pennsylvania. Any suspension handed down in Pennsylvania will be reciprocally implemented in New York and Vazquez will be suspended from participating in all racing activities at NYRA tracks for the duration of the suspension. NYRA is gathering information that could inform a statement of charges and subsequent hearing, should that be required.”

Vazquez has numerous suspensions and violations on his record. In one ruling, issued in 2017 in Pennsylvania, it was noted that Vazquez had eight drug positives during a 23-month period.

Vazquez has maintained a stable at Parx and in New York this year. He is just 2-for-22 (9%) at Parx while going 7-for-30 (23%) at the Big A.

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