Weekly Stewards And Commissions Rulings, Nov. 28-Dec. 4

[Wandering Eyes]

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, the prohibition of intra-articular injections within seven days of a timed or reported workout once again stands out as a thorn in the side of trainers.

Three such cases have been resolved in the past week, resulting in $3,000 fines meted out in each case.

The Horseracing Integrity and Welfare Unit (HIWU) also handed down a seven-day suspension and $1,000 fine to trainer Norman Follett, for a post-race Lidocaine positive following a September runner at Belmont at the Big A. Lidocaine is a pain reliever used ubiquitously in human medicine.

The details of the ruling are not yet publicly available. But Equibase shows Follett to run a small New York-based stable. This year, he has made only 39 starts and had one winner.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the HIWU's “pending” and “resolved” cases portals.

Resolved ADMC Violations
Date: 11/4/2023
Licensee: Gustavo Amaya, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Sandpiper Memories. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/26/2023
Licensee: Wendell McDaniel, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Big Difference. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/25/2023
Licensee: Peter Miller, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Thirsty John. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/24/2023
Licensee: Jamie Ness, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dust Devil. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/14/2023
Licensee: Ronnie Cravens, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Saturday's Gold, who won at Remington Park Oct. 14, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/11/2023
Licensee: Darlene Green, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a written reprimand (per 9/26/23 HISA Guidance). Final decision by HIWU.
Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Highcotton Justice, who finished second at Horseshoe Indianapolis Oct. 11, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 9/22/2023
Licensee: Norman Follett, trainer
Penalty: 7-day period of Ineligibility, beginning on Dec. 5, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Lidocaine—Controlled Medication (Class B)—in a sample taken from Racing Colors, who finished second at Belmont at the Big A Sept. 22, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 11/01/2023
Licensee: Steve Krebs, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Guaifenesin—Controlled Medication (Class C)—in a sample taken from Burn The Evidence, who won at Parx Racing Nov. 1, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/31/2023
Licensee: Ortis Henry, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Empress Palpatine, who finished second at Finger Lakes Oct. 31, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/28/2023
Licensee: Tony Lello, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Reel Em In. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Del Mar
Armando Aguilar – violation date Dec. 1; $250 fine, one-day suspension
Tyler Gaffalione – violation date Dec. 2; $277 fine, one-day suspension

Remington Park
Jermaine Valentino Bridgmohan – violation date Nov. 29; $250 fine, one-day suspension

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California
Track: Del Mar
Date: 12/03/2023
Licensee: Keron Thomas, owner
Penalty: Suspension
Violation: Failure to comply with financial responsibility agreement
Explainer: Owner Keron Thomas is suspended after failing to comply to the terms agreed to in the hearing for violation of California Horse Racing Board rule #1876 (Financial Responsibility – Sunshine Farms [Boarding cost] $5,170.97). Suspension to commence Dec. 16, 2023.

Track: Del Mar
Date: 12/03/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Competing in one more designated race than permitted
Explainer: Jockey Antonio Fresu is suspended for 1 additional racing day (Dec. 10, 2023) pursuant to California Horse Racing Board rule #1766 (f) (Designated Races – participated in more than one designated race on Dec. 3, 2023).

New York
Track: Aqueduct
Date: 11/30/2023
Licensee: Jose Antonio Gomez, jockey
Penalty: Five-day suspension
Violation: Careless riding
Explainer: Having waived his right to an appeal Jockey Mr. Jose Antonio Gomez is hereby suspended five NYRA racing days. Effective Dec. 7-10, 2023, and Dec. 14, 2023, inclusive. This for careless riding during the running of the 7th race at Aqueduct Racetrack Nov. 25, 2023.

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