Weekly Stewards and Commissions Rulings, Feb. 27 – Mar. 4

Sarah Andrew

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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, trainer Daniel Franko has been suspended seven days after his trainee, Misty's Cat, tested positive for caffeine, when winning at Golden Gate Fields on Dec. 1 last year. He was also fined $1,000. Caffeine is a Class B controlled substance under HISA. The case was resolved without a hearing.

 

NEW HISA/HIWU STEWARDS RULINGS

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

Resolution Date: 03/06/2024

Licensee: James Watkins, trainer

Penalty: 15-day period of Ineligibility for Covered Person, beginning on March 7, 2024; 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. Final decision by HIWU.

Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from Dennis's Pride, who finished fifth at Fanduel Sportsbook and Horse Racing on 11/11/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/28/2024

Licensee: Michael Simone, 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 Another Duke, who won at Tampa Bay on 1/28/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Howard Love, trainer

Penalty: None. Equine controlled medication charges withdrawn.

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Slender Slipper on 2/3/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Daniel Franko, trainer

Penalty: 7-day period of Ineligibility for Covered Person, beginning on March 1, 2024; 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 Caffeine-Controlled Medication (Class B)-in a sample taken from Misty's Cat, who won at Golden Gate on 12/1/23. This was 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: 12/27/2023

Licensee: George Arnold II, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Tramadol-Controlled Medication (Class B)-in a sample taken from Figgy, who won at Turfway Park on 12/27/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/28/2024

Licensee: Isidro Tamayo, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Silent Beauty on 1/28/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/16/2024

Licensee: Patrick Biancone, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Infinite Diamond. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/06/2024

Licensee: Patricia Farro, trainer

Penalty: Interim suspension

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts-a banned substance-in a sample taken from Deplane, who won at Parx Racing on 2/6/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 02/02/2024

Licensee: Brandon Kulp, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Me Darlin Kathleen, who won at Penn National on 2/2/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Date: 02/14/2024

Licensee: Jose D'Angelo, trainer

Penalty: Pending

Alleged violation: Vets' list medication violation

Explainer: For the presence of Omeprazole and Cimetidine-both Controlled Medications (Class C)-in a sample taken from Sun Azteca on 2/14/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/31/2024

Licensee: Jamie Ness, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Tops the Chart, who finished fourth at Parx Racing on 1/31/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Violations of Crop Rule

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

Oaklawn Park

  • Joe Bealmear – violation date March 3; $250 fine, no further details
  • Rafael Jesus Bejarano – violation date March 2; $250 fine, no further details
  • Joe Bealmear – violation date March 1; $250 fine, no further details

Santa Anita

  • Tyler Baze – violation date March 1; $250 fine and one-day suspension, 7 strikes

Sunland Park

  • Larry Marquez – violation date Feb 29; $250 fine and one-day suspension

Tampa Bay Downs

  • Carlos Eduardo Rojas- violation date Feb 28; $250 fine and 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: Santa Anita

Date: 03/01/2024

Licensee: Dale Brewer, owner

Explainer: Owner Dale Brewer, having satisfied a financial complaint filed by Farrier Kyle Baze for $750.00, is restored to good standing and California Horse Racing Board LATS Ruling #175 dated May 04, 2014, is set aside.

Track: Santa Anita

Date: 03/01/2024

Licensee: Armando Ayuso, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Armando Ayuso, who rode Takes Three in the tenth race at Santa Anita Park on February 25, 2024, is suspended for 3 racing days (March 8, 9, and 10, 2024) for crossing over without sufficient clearance going into the first turn, causing interference resulting in the disqualification of his mount from first to second; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding).

Track: Santa Anita

Date: 03/03/2024

Licensee: Debbie Winick, trainer

Penalty: $500 fine

Violation: Prohibited use of an electro-magnetic blanket on race day

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2271 (Prohibited Practices) Trainer Debbie Winick, who was scheduled to run Ghostly Act in the fourth race at Santa Anita Park on January 26, 2024, is fined $500.00 for prohibited use of an electro-magnetic blanket on race day, necessitating a late declaration.

 

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