Tygart: USADA, Cycling Played A Role In Federal Indictments

Speaking on the Thoroughbred Daily News Writer's Room podcast this week, U.S. Anti-Coping Agency CEO Travis Tygart revealed the organization may have had a hand in the federal indictments that rocked the racing world last March.

Tygart revealed that USADA had handled a drug positive case with a cyclist who fell under the organization's jurisdiction and gotten information about the distributor of the drugs the cyclist was using. USADA became aware that the unnamed distributor also had connections to horse racing, and Tygart said the organization subsequently passed that information along to the FBI.

Tygart said USADA is still on a learning curve as it prepares to oversee anti-doping programs in horse racing, but he is confident a lot of the same principles will carry over from the world of human athletics. Like many equine drug testing experts, Tygart said post-competition testing should not be the only tool for an integrity program, and touted USADA's tip line, which it uses to help direct out-of-competition testing. Tests from tip information have a 22% positivity rate, according to Tygart — much higher than the typical rate for post-competition sampling.

Read more and listen to the full interview at the Thoroughbred Daily News

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Writers’ Room Exclusive: USADA CEO Travis Tygart Explains How His Anti-Doping Team Will Clean Up Racing

Not too long ago, Lance Armstrong was revered as an American hero. The winner of seven straight Tour de France titles, Armstrong brought the sport of cycling into the mainstream and the story of his unprecedented success after recovering from testicular cancer inspired athletes everywhere. But, as the public later found out, it was all built on a lie.

Armstrong was a cheater, and his extensive involvement in an explosive doping scandal tarnished his legacy forever, stripping him of nearly all of his fraudulently-gained athletic accomplishments. The revelations from that scandal rocked the sports world and marked one of the most staggering falls from grace in recent memory. And it likely wouldn't have happened without the United States Anti-Doping Agency and its CEO, Travis Tygart.

Racing has suffered a fall from grace of its own in the past few years. Once a staple of American culture, the game's public support has steadily waned since its peak in the mid-20th century. But two massive scandals, one involving the spate of fatal breakdowns at Santa Anita in 2019, the other a bombshell series of FBI indictments alleging reprehensible and widespread drugging of horses that came out last March, plunged the sport into an existential crisis. These tragic public relations nightmares finally shook racing out of the inert fog it had operated under for far too long, and presented a crossroads: either clean up your business, or have it all come crashing down once and for all.

Enter Travis Tygart.

Late last year, the United States Congress, within an omnibus spending bill that included aid for coronavirus relief, passed the Horseracing Integrity and Safety Act. It is a plainly groundbreaking piece of legislation for racing, but its most notable provision is that drug enforcement, which has frankly been a running joke in the sport for decades, will soon fall under the purview of USADA and Tygart, arguably the most respected anti-doping authorities in the world.

So what, exactly, does that mean for the future of racing and how it will operate in the new HISA era? In his first public interview since USADA was tasked with an entirely new sport to regulate, Tygart sat down with the crew of the TDN Writers' Room podcast presented by Keeneland Wednesday. Calling in via Zoom as the Green Group Guest of the Week, Tygart participated in an expansive, candid, illuminating discussion on the transformation we should expect to see in the coming years as he and his crew take the regulatory reins.

“It's obviously a huge responsibility, but one that we're fully ready to embrace to learn the nuts and bolts of the industry that we don't know,” Tygart, who grew up near Ocala, said about USADA entering a new domain in racing. “We're honored to be part of it. We feel like it's a tremendous privilege. We recognize that we're going to have to work every day and every night to prove that we're the right organization for this. Cheating, honesty, ethics, and the rule of sport are the same across all sports. So while some might want to say there's a difference between equine anti-doping and medication control programs and what happens in humans, the mentality of cheating and trying to get an advantage against the rules, is the same. So we're really looking forward to putting in a gold standard program that people in the industry can have a lot of satisfaction and pride in, that it's being done at the highest levels, with an equal opportunity to win playing by the rules, which is all any athlete–whether you're a trainer, owner of a horse or a human athlete–can ask for.”

Tygart was invited to speak at the 2012 The Jockey Club Round Table, soon after the Armstrong scandal broke, where he was first introduced to the flimsy anti-doping rules that have proved so inefficient for the sport in America.

“I really started looking at the policies around anti-doping and medication control within the industry and they were just completely antiquated,” he recalled. “They were years behind what the human world, as well as the equine and Thoroughbred horse racing industry around the world had done as far as uniform policies. Other places don't have 38 different racing jurisdictions run by the states, with frequently conflicted people that have an interest in the outcome without transparency, without good quality testing, without laboratory accreditation that is uniform. It actually reminded me of, and I drew the comparison to, what the Olympic world looked like prior to us coming into existence. So having a uniform policy, where you can have confidence that when a horse runs in California, it's going to be running under the same rules and allowances and free of drugs as in Kentucky and in New York too, is going to be a game changer I think, right out of the gate.”

Tygart then explained in detail the process that USADA has put in place for human sports, which it will try to replicate in racing. He outlined two keys to its efficacy in particular: getting ahead of new drugs so that trainers can't just move from doping agent to doping agent before regulators catch up, and a tip line from affected parties in the industry.

“I think it's really important that we begin the education with the industry on this, and I always get the question,'Well, how's the testing going to be different?'” he said. “Just to look at testing is, again, an antiquated, old way of looking at modern anti-doping. How you professionalize and ensure that the athletes' rights and their health and safety are going to be protected, it has to start with education. That's going to be uniform, education about the rules across the country. It's going to have to have a research component involved to ensure that things that might not be tested for today in a robust way can be tested for. Any new drugs that are coming out that would tempt trainers or owners to give their horses, for example, are going to also be able to be detected. Then you also have to have a results management process, because we know the science is limited. It's a complex matrix looking at some of these drugs, some that are endogenous or natural to a human body or a horse body. So, distinguishing what's synthetic versus what's endogenous, is sometimes a difficult thing. You have to get that right from a scientific standpoint. That means you have to also have an investigative and an intelligence gathering model.

“We have a whistleblower line. We're the first to say it takes a team to be successful. So, make the call. Last year in our human world, we had close to 500 tips to our whistleblower line. We have a robust internal process where we investigate each and every one of those. When we direct tests off of that information, we have close to a 22% positivity return, clearly indicating that when the information comes in, it's handled appropriately, it leads to detection and that feeds what we're ultimately after, which is deterrence. We don't want people to cheat, but if it's too easy to get away with, and there's no consequence if you get caught, then people will take advantage of that. That's what we have to stop.”

Tygart undoubtedly faced an avalanche of institutional pushback from the cycling powers that be when he and USADA were working to uncover Armstrong's doping. He reportedly received death threats during the investigation and had to have additional security provided for him by the FBI. Asked about what kind of resistance he expects from people in racing, he said he has been encouraged by the industry's response thus far, and noted that there will be an adjustment period for those currently breaking the rules to fall in line.

“We've had a lot of interaction over the last eight-plus years with wonderful people in the industry, trainers, owners, breeders, all sides of it, who have asked really tough questions and really good questions, who have embraced the effort,” he said. “The deaths out in California, and then the indictments, I think created this perfect storm that finally loosened some of the entrenched positions, so I think we feel very good that the industry wants this to happen for the most part. There will obviously be those who like the status quo, because it's been very profitable for them. They're eventually going to either be weeded out, or change their behavior. They'll be given a fair opportunity. The rules will change and the enforcement is going to change, but you'll be given adequate time to change behavior in order to comply with those new rules and prove that you can win the right way.”

Elsewhere on Wednesday's podcast, the writers previewed a strong holiday weekend racing lineup. Then, in the West Point Thoroughbreds news segment, they analyzed the continuing positive handle trends and the passage of a historical horse racing reinstatement bill in the Kentucky Senate. Click here to watch the podcast; click here for the audio-only version.

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HISA Signed into Law

The Horseracing Integrity and Safety Act officially became law when President Donald J. Trump signed the COVID-19 relief and government funding legislation Sunday night. The legislation will establish national standards to promote fairness and increase safety in Thoroughbred racing nationwide. The HISA legislation will go into effect no later than July 1, 2022, but could be effective earlier following the formation of an independent national racing authority and approval of an anti-doping and medication control program and racetrack safety program by the Federal Trade Commission. The FTC will review the programs developed by the authority, allow for public comment, and once approved by the FTC, the programs will go into effect.

In response to the bill’s passage, Travis Tygart, CEO of the United States Anti-Doping Agency, released the following statement, “The Horseracing Integrity and Safety Act passed the US Congress last week and was signed by the President Sunday night. This passage signifies the beginning of a new era in the storied history of the horse racing industry. The landmark legislation will establish a uniform approach to better protect horses and jockeys, and to bolster the strength and fairness of the sport.

“USADA is honored and grateful to be tasked with the anti-doping duties outlined in the Act. We are excited to spend the near future contributing to the design of a robust set of rules and customizing our gold-standard athlete service and testing model to ensure clean competition for equine athletes.

“Thank you to Majority Leader Mitch McConnell (R-KY) for his leadership in getting this bill through Congress, and to Congressmen Paul Tonko (D-NY) and Andy Barr (R-KY), and Senators Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) the original cosponsors of the Horseracing Integrity Act.

“USADA welcomes the opportunity to partner with horse racing stakeholders to develop uniform rules and to implement robust independent testing and enforcement that will contribute to the longevity and legacy of the sport of horseracing.”

The government spending legislation also provides an extension of the three-year tax depreciation for all racehorses through 2021, allowing taxpayers the option to depreciate, on a three-year schedule, racehorses less than 24 months of age when purchased and placed into service.

The massive $900-billion COVID-19 relief package also means eligible racetracks and farms will be allowed to participate in a second round of the Paycheck Protection Program (PPP). It also includes provisions for an increased number and extension of H-2B visas.

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Irwin: Independent Overseer Will Ensure Integrity

What's the big deal about the new racing legislation?

When I called for horseracing to find a way to install the United States Anti-Doping Agency as the overseer of drugs in an Op/Ed for The Blood-Horse back in 2004, I did so with some specific goals in mind. My overriding reason, however, was to have an agency that was independent.

Now that USADA will be given the job, nobody knows whether the hopes and dreams of those who worked so tirelessly to make USADA's presence a reality will be fully accomplished. One thing that everybody in the sport can be sure of is that special interests will no longer be able to tilt the playing fields or the halls of justice.

Over the years people have asked me why special interests fought so hard to keep the legislation from being enacted. The answers are many but they all boil down to unethical participants in racing being stopped from running their games and not paying any price when they get caught.

As I explained to my peers who fought side by side to bring the Horseracing Integrity and Safety Act to fruition, the one thing the bill's opponents dread is that when they or members of their team get caught breaking the rules they will be unable to find a way in a boardroom, steward's stand, men's club or corporate office to obtain a favorable outcome.

Anybody paying the least bit of attention to what is going on right now will know exactly what I am writing about. An unbeaten young stallion's reputation is on the line in an ongoing battle that involved a racing board, a steward's office and selective interpretation of rules. Another case is going through the adjudication process involving a positive for a banned substance and a bonus reportedly worth millions of dollars.

We have all seen horsemen and owners break rules yet escape with favorable rulings or slaps on the wrist.

At the same time we have seen trainers cheat with impunity and watched as those charged with the responsibility of going after them sit on their hands or shrug their shoulders. Why, one may wonder, would racetracks, stewards, medical directors and racing boards protect the guilty?

Well, they all have conflicts of interest. Racetracks all think that it is trainers who bring in owners and racetracks need owners to supply their racing cards. Stewards, by and large, are concerned first and foremost with keeping their jobs and they learn early on in their tenure that the best way to accomplish this goal is not to rock the boat. Racing boards, like racetracks, are loath to bring cheating trainers to justice for fear of tarnishing the sport, as though by the cheating trainers' actions they had not done so already.

I really hate to have to write this next part of this Op/Ed because it is so embarrassing to racing, but I humbly submit to you that some owners at the highest level of the sport only participate because they can game the system and get away with it.

And these people, as well as their trainers, live in mortal fear of not being able to find a get-out-of-jail card after they break the rules. They count on this aspect of the sport. They know the tracks will not turn them in. And plenty of others feel the same way.

So what scares the hell out of these miscreants is an agency like USADA headed by a world-renown sports cop being in charge, because they know Travis Tygart is not going to roll over and play dead.

Owners and trainers who play by the rules in the main understand how important and liberating this concept is and can be, but there have been others—especially trainers—who have fought against the legislation. They don't want trainers held up to scrutiny or caught and adjudicated because these innocent horsemen think that all of them will be unfairly painted with the same brush. It is the same philosophy engaged in by racetracks, who worry racing will be put in a bad light by trainers being exposed as cheats.

Nothing could be further from the truth. It is only when a sport takes itself seriously, like Major League Baseball has done from time to time, that it can thrive and soar to new heights of popularity.

As important as it is for fans and gamblers to believe in the integrity of racing, it is just as important for owners and trainers to believe in it as well. In a sport well-managed and adjudicated, pride of ownership can return in North America and trainers can once again go to restaurants or walk in the front door of their house carrying a Daily Racing Form without fear of embarrassment.

So, yeah, passage of the “Integrity” aspect of the new law is a big deal. It is, in fact, such a big deal that it might very well save our sport.

Passage of the bill, it must be said in closing, is only the beginning. In order for USADA to be successful it must rely on assistance from ethical owners and trainers. So instead of mimicking silent officials in racing who sat by and let cheating take place, we will need owners to report on a new hotline any instances they know of regarding cheating so that Travis Tygart and his team can root out evil wherever they find it.

I have every faith that owners will comply, and some faith that a lot of trainers will comply. I do, however, fear that the code of silence among those of the current generation will prevail and make USADA's job harder. Perhaps as in many things today the next generation will save our sorry asses, because in order to keep this sport on the level and make it fair for everybody, help will be required.

Barry Irwin is founder and chief executive officer of Team Valor International.

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