Weekly National Regulatory Rulings, Dec. 12-18

[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 this week's rulings, following a Nov. 22 hearing an independent arbitrator issued trainer Mike Puype a three-month and 17-day suspension (time served) along with a $1,000 fine after two bottles of Isoxsuprine tablets and two containers of Levothyroxine (ThyroL) powder were found in his barn during a routine search on April 24.

The Isoxuprine tablets expired in 2012 and 2013, while the Levothyroxine powders expired in 2016 and 2021. The arbitrator determined that both substances were likely prescribed by veterinarian Jeff Blea-now the California Horse Racing Board (CHRB) equine medical director-back when the substances (now banned under HISA) were legal for use in the state.

The tablets were found in a former employee's cooler, and the levothyroxine powders were in a locked cabinet, the combination to which was known by Puype's assistant but not the trainer, according to the arbitrator's final decision. Puype insisted that he had not administered the expired medications, nor did the Horseracing Integrity and Welfare Unit's (HIWU) allege that he had.

Arbitrator Barbara Reeves critiqued Puype for not properly searching and removing from his barn these banned substances. But in a rare move, she took pointed aim at HIWU's punitive approach against Puype.

The agency had initially sought penalties against the trainer totalling a maximum four-year ban and $50,000 fine. Reeves described such penalties as “career ending,” while at the same time calling the trainer's “fault” as at the lowest end of the “light” range.

“There was no indication of any intention or wrongdoing by Mr. Puype, other than an imperfect “search and purge,” wrote Reeves.

“Further, it is not clear to the Arbitrator what HIWU was attempting to accomplish in the way it prosecuted this matter. Although the facts established nothing more than an imperfect search, HIWU filed its standard “Possession” charges and brief (labeled “HIWU's Pre- Hearing Brief (Possession)”) and negligently failed to remove the name of the prior trainer against whom the brief had been filed (“Trainer Valery,”) from the text. HIWU further sought the maximum punishment, two consecutive periods of ineligibility for seventeen to twenty-four (17-24) months each, a career ending sanction,” Reeves wrote.

According to thoroughbredrulings.com, Puype has had two minor medication positives over the last 18 years.

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations
Date: 12/17/2024
Licensee: Stuart Williams, trainer
Penalty: Seven-day period of Ineligibility for Covered Person, beginning Dec. 18; 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: Medication violation for the presence of Gabapentin–a controlled substance (Class B)–in a sample taken from Pandora's Gift, who finished third in the G2 Franklin Stakes at Keeneland Oct. 13.

Date: 12/17/2024
Licensee: Shane Meyers, 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: Medication violation for the use or attempted use of a Class C controlled medication on Andy Cant during the race period.

Date: 12/16/2024
Licensee: Mike Puype, trainer
Penalty: Three-month and 17-day period of Ineligibility for Covered Person, beginning on July 18, 2024; a fine of $1,000. A final decision by the arbitral body.
Explainer: Possession of Isoxsuprine and Levothyroxine–banned substances–during a barn search dated 4/24/24.

Date: 12/13/2024
Licensee: Emma Gaffney, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: Vets' list medication violation for the presence of Triamcinolone–a controlled substance (Class C)–in a sample taken from Fight Til Dawn on 11/6/24.

Date: 12/12/2024
Licensee: Carla Gaines, 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 internal adjudication panel.
Explainer: Medication violation for the presence of Flunixin–a controlled substance (Class C)–in a sample taken from Big Summer, who won at Del Mar on 8/1/24.

Pending ADMC Violations
12/16/2024, Guillermo Preciado, trainer: Pending medication violation for the presence of Dexamethasone–a controlled substance (Class C)–in a sample taken from Gordy's Boy, who finished third at Pleasanton on 11/1/24.

Violations of Crop Rule
The HISA rulings website is currently experiencing technical difficulties, a possible fix for which could come in December, according to a HISA spokesperson.

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