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By Wandering Eyes · Posted
Trainer Phil Serpe, who has an appeal pending with the Federal Trade Commission (FTC) in an attempt to overturn a two-year suspension imposed in July by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case from last summer at Saratoga Race Course, is also seeking to renew his request for a preliminary injunction in a 10-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the FTC. A key issue in Serpe's federal court filing is the fact that HIWU and HISA did not pursue any monetary fine against him, which is a departure from how the agencies handled a dozen other clenbuterol detections since the Anti-Doping and Medication Control Program (ADMC) went into effect in May 2023. The 66-year-old trainer has claimed that the non-pursuit of a fine of up to $25,000 by HISA and HIWU is an alleged end-around to stymie his efforts to prove in his lawsuit that he has been wrongfully denied his constitutional right to a jury trial. Citing a United States Supreme Court case that previously ruled that a federal regulatory agency's enforcement for civil monetary penalties must be brought in a federal court, Serpe asserted in a July 15 legal filing in U.S. District Court (Southern District of Florida) that his Seventh Amendment rights are being violated by “gamesmanship” in the form of HISA and HIWU's non-pursuit of a monetary penalty, a move that he alleged “strategically” seeks to deprive federal-court jurisdiction over the facts of liability required for any sanction. On Aug. 15, both HISA and the FTC responded by filing legal documents opposing Serpe's motion for a preliminary injunction. Although neither entity went into extensive detail about why HISA and HIWU waited until Serpe's case was eight months old and on the brink of arbitration before they notified him in April that the previously announced potential fine of up to $25,000 would not be pursued, both HISA and the FTC in their legal filings last Friday were emphatic in their resolve that so long as no fine was part of Serpe's penalties, the judge should not grant the trainer any requested relief based on what HISA and the FTC say is a non-valid Seventh Amendment claim. “Plaintiff accuses the Authority of engaging in 'gamesmanship' by withdrawing its initial request for a fine,” the Aug. 15 HISA legal filing stated. “But Plaintiff is the only one playing games. Far from advancing some ulterior motive masked as 'serendipitous' action, HIWU and the Authority simply followed the path the Court suggested to resolve a constitutional challenge. Plaintiff, on the other hand, has completely turned this case on its head, begging for an additional penalty [and] seeking an extraordinary injunction…” The FTC's filing from last Friday put it this way: “Without any possibility of a fine, there is thus no likelihood of a potential Seventh Amendment violation. Plaintiff's arguments to the contrary fail to establish otherwise and contradict his own representations and requested relief in his application for review to the FTC. Plaintiff also has not alleged any imminent, irreparable harm connected to his Seventh Amendment claim, and an injunction would disserve the public interest.” According to HIWU's online portal that lists resolved cases when ADMC rules went into effect two years ago, 12 of the 15 other adjudications for clenbuterol resulted in fines of at least $15,000. In two instances, the anti-doping violations were withdrawn, and in one other case the split sample did not confirm the presence of the drug, so the charge was dropped. ADMC Rule 3223 states that Serpe could have faced a fine of up to $25,000 as part of his sanctions. Serpe's July 15 legal filing stated that, “During the arbitration hearing, Serpe's counsel explained that while Serpe certainly was not REQUESTING a fine, a fine of some amount was nevertheless mandatory if the Arbitrator found liability without also finding that Serpe proved no fault or negligence. Serpe explained that the Arbitrator had an independent legal obligation to enforce federal regulations and that HIWU's strategic decision to forgo a fine was not a basis to ignore certain HISA Rules.” Serpe's motion for the injunction stated that because the FTC “right now is prosecuting Serpe for violating the ADMC Program, which includes a civil penalty,” Serpe should, again, “be in federal court” to resolve the matter. The Aug. 15 HISA filing opposing the injunction stated that Serpe's argument is “contradictory and convoluted” as it pertains to the alleged requirement that a fine should be in play as part of his penalties. “In fact, Plaintiff is wrong that there is any mandatory minimum fine required under Rule 3223(b),” the HISA filing stated. “That rule has no floor, in contrast to other sanctions for which the same rule specifies a 'minimum'… “According to Plaintiff, a fine is still on the table because the FTC-approved rules require one, so the administrative law judge (ALJ) reviewing the arbitrator's decision must impose one in the administrative proceeding,” the HISA filing stated. “That cannot be true. Plaintiff himself has argued (correctly) before the FTC that the ALJ cannot impose a fine. The relevant statutory review scheme does not permit Plaintiff (or the Authority) now to request one. And nothing in the Authority's rules requires one regardless. Because Plaintiff's Seventh Amendment claim depends on a fine that does not and will not exist, he cannot prevail on the merits,” the HISA filing stated. “Plaintiff's contrived attempt to gin up a Seventh Amendment claim also contravenes fundamental principles of constitutional avoidance: courts do not bend over backwards to create a constitutional problem where none exists,” the HISA filing stated. “The Court should deny Plaintiff's renewed motion–once and for all…” Serpe's suspension stems from a clenbuterol positive detected in the urine (but not blood) samples taken from his trainee, Fast Kimmie (Oscar Performance), after her Aug. 10, 2024, victory in a $30,000 claiming race. Clenbuterol is a bronchodilator that is approved by the U.S. Food and Drug Administration for the management of horses with airway obstruction. Clenbuterol cannot be administered to any HISA “covered horse” other than in the context of a valid veterinarian-client-patient relationship in accordance with the conditions set forth in ADMC rules. Clenbuterol is classified as a “banned” substance by the ADMC, meaning it is never to be present in any HISA-regulated Thoroughbred. In the 1990s and 2000s decades, clenbuterol first started being regulated by American racing commissions because of its propensity for abuse as a drug known to mimic the muscle-building properties of anabolic steroids. The post Accused of ‘Gamesmanship’ by Serpe, HISA Alleges Suspended Trainer is Trying to ‘Gin Up’ a Constitutional Claim appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
By Wandering Eyes · Posted
The Free Digital Racecard At raceday-ready.com Apprentice Handicap was declared void after a false start, with five of the seven riders each banned for 10 days. Beaumadier (Kuroshio), ridden by Conor Whiteley, appeared to anticipate the stalls opening, while at the same time Master Zack (Ardad) reared under Ryan Kavanagh, triggering the gates. Kavanagh then stepped on to the side of the stalls and Master Zack ran away while blindfolded, breaking through a couple of the plastic rails, but was reported to be fine. The remaining six runners completed the five-furlong race, with the slow-breaking Beaumadier behind the remaining runners. Rider Tommie Jakes passed the post first on Michael Attwater's Cabeza De Llave (Pearl Secret). Jockeys Jack Doughty, Jack Dace, Taryn Langley and Alec Voikhansky all completed the course on their respective mounts and along with Jakes received a 10-day for failing to pull up. Dace's ban will run from September 3-13 inclusive, while the other four riders will be sidelined September 1-10. Richard Westropp, chief stipendiary steward, said, “Stall two [Beaumadier], the door flapped back into his path as the start was activated, so on the basis of that the starter called a false start. His flag was raised as it should be. All the horses ran but stall four [Master Zack] got loose. “On the basis of the starter calling a false start, the recall man was stood right in the middle of the track, he waved his flag and blew his whistle, so procedures were followed to a tee. “The jockeys told us in the inquiry they did not see the flag or hear the whistle, bar Mr Whiteley who did on horse number two, who actually activated the false start in the first place. He did see and made every effort to pull up his horse up. “All the jockeys bar Conor Whiteley and Ryan Kavanagh have been banned for 10 days. Every jockey is entitled to an appeal, that is entirely up to them. Our footage is very clear, the recall man is stood in the middle of the track and blowing his whistle.” The post Windsor Race Voided And Five Riders Banned For 10 Days appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
By Wandering Eyes · Posted
On a record-setting day at Emerald Downs Aug. 17, celebrity chef Brian Malarkey accomplished a lifelong dream of winning the $125,000 Longacres Mile Stakes with Arrowthegreat.View the full article -
By Wandering Eyes · Posted
The California Retirement Management Account (CARMA), which offers assistance to over 20 aftercare charities, raised more than $200,000 during the sixth annual CARMAthon fundraiser Saturday. FanDuel TV hosted the event in addition to donating $25,000. “It is important to us to continue to give back to the horse racing industry through numerous charitable initiatives each year,” said Andrew Moore, FanDuel TV's General Manager. “CARMA does tremendous work to help retired racehorses thrive in their second careers off of the track and we are thrilled to be able to support them in that mission.” The annual event showcased stories of retired racehorses thriving in second careers. The donations help fund CARMA's grant program, which provides funding for the rehabilitation, retraining, and/or retirement of California-raced Thoroughbreds. The post More Than $200,000 Raised at CARMAthon Fundraiser appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
By Wandering Eyes · Posted
DEAUVILLE, FRANCE — By Monday, it was noticeably quieter around the sales pavilion. The weekenders had packed their bags and many of the Brits had started to make their way back across the Channel, heading north for the promise of four days of top-class racing at York. But, where it mattered, things were still pretty lively, and if you run an auction house, the only action you really want to see is in the ring. By lunchtime on the final day, six horses costing more than a million euros each had been added to the sale ledger – only two seven-figure lots had been logged throughout Saturday and Sunday. Suddenly, it was game on: a new record top price and a boost all round to the statistics. After what can best be described as an underwhelming August Sale at Arqana in 2024, this year the pace picked up and, in so doing, set new records for top price, average and turnover. It did take a while to hit stride but that was largely owing to the fact that, in an alphabetical catalogue, the offspring of the dams beginning with the letter P were scheduled to sell on Monday. The queen of the P section has for some time been Prudenzia. She's 20 now, but her advancing years have done nothing to deter the buyers of her stock; instead her runners have pushed up the prices of those who follow. Ever since Prudenzia's first foal Chicquita graced the ring in Deauville 14 years ago, the mare has provided something of a gold rush for Ecurie des Monceaux, who originally owned the daughter of Dansili with with her co-breeder Lady O'Reilly. That celebrated owner-breeder died two years ago, just as the August Sale was concluded, and she would doubtless be proud to see Monceaux continuing on its successful path, having played such an important role as a key partner in its evolution. For the 14th consecutive year, Monceaux was the leading consignor at the August Sale. A tip of the hat must also go to Haras des Capucines and Haras de Montaigu for providing the two most expensive colts of the sale – a €2.3m son of Wootton Bassett and a €2.25m Frankel colt. The latter, bred by Aliette Forien, is from the family of Rotina (Crystal Glitters), which also produced the 2017 Derby winner Wings Of Eagles (Pour Moi), a half-brother to the colt's dam Orendina (Siyouni). One can only imagine what bidding duels there may be when we get to Book 1 of the October Sale, but there were plenty of tasters at Arqana, where Godolphin, Coolmore and Amo Racing were the top three buyers, spending more than €17.5m between them on 16 yearlings. Amo Racing did not play at Arqana last year but Kia Joorabchian and his partners helped to supercharge the atmosphere in Newmarket when taking on Sheikh Mohammed for leading buyer honours at Tattersalls. The wide range of visitors to the sale – beyond Europe, there were buyers from America, Australia, Japan, Abu Dhabi, Dubai, Saudi Arabia, Qatar, China and Hong Kong – will doubtless have been grateful for the earlier finishes thanks to a smaller number catalogued for the evening sessions and an early start time of 11am for the Monday session. After all, half the charm of coming to Deauville is being able to sample some of the town's excellent restaurants. On that subject, there has been an apparent swing of custom away from the traditional gastronomic epicentre of Le Drakkar, with the nearby Les Planches and L'Instiution appearing to be the major beneficiaries from a change of focus for some. With the V.2 Sale still to come in Deauville on Wednesday, the European yearling sale season has started in far more ebullient fashion than last year. Prior to this week, there had been references to the strong trade in Saratoga. While this wasn't on a par with that extraordinary sale, this was still a strong return for Arqana and sets an encouraging tone as the focus switches to the Goffs UK Premier Yearling Sale and start of the action in Britain in just over a week's time. Prudenzia's August progeny sales: 2011 CHICQUITA (Montjeu) €600,000 – G1W 2012 Sinnamary (Galileo) €1,100,000 – winner, TDN Rising Star 2013 Truth (Galileo) €1,000,000 – placed 2014 Craven's Legend (Invincible Spirit) €1,100,000 – 2x winner 2016 MAGIC WAND (Galileo) €1,400,000 – G1W, 4x winner 2017 Je Ne Regrette Rien (Galileo) €950,000 – G3P, 2x winner 2018 Enemy (Muhaarar) €420,000 – G3P, 5x winner 2019 PHILOMENE (Dubawi) €1,625,000 – G3W, 2x winner, TDN Rising Star 2020 Gulliver's Travels (Galileo) €2,000,000, 2x winner 2024 Diamond Necklace (St Mark's Basilica) €1,700,000 – winner, TDN Rising Star 2025 Night Of Thunder filly €3,000,000 Total: €14,895,000 The post Arqana Reflections: P is for Prudenzia appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article
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