With the Horseracing Integrity and Welfare Unit (HIWU) issuing provisional suspensions in what seems like a rapid-fire manner, attorney Alan Pincus has been busy. He is representing trainer Mario Dominguez, who was hit with a provisional suspension after a horse he trained allegedly tested positive for cobalt, and has worked with trainer Jonathan Wong on his case. A Wong-trained horse allegedly tested positive for the banned substance Metformin.
Pincus joined the TDN Writers' Room podcast sponsored by Keeneland to discuss his cases and to express his views on what has transpired since HIWU took over drug testing and enforcement on May 22. Pincus, to put it mildly, is not a fan of what is going on. He was this week's Green Group Guest of the Week.
“The HISA regulations are written in a way that is truly evil,” Pincus said.
His complaints were many, starting with how violations of banned substances are dealt with by HISU. Once a positive has been determined for substances that are on the banned list, the trainer involved is immediately suspended. That takes place before a hearing can be held and before the results of a split sample are received.
“They give you very little chance to defend yourself,” Pincus said. “The worst part of it is that when you have a banned substance, they come to you. They give you a letter that says you have a positive for this drug. They tell you 'get out' and you're out that next day. What happens to a trainer who is told to get out? Their horses must be relocated to different trainers in different stalls. You lose your owners, you lose your horses, you lose your ability to make a living. In the case of Mr. Dominguez, he had a dozen horses. He was a small trainer working his way through and was doing okay. But like most trainers, he is living month to month. Now you've taken away his ability to make a living. You haven't charged him with anything, but he's dead. That's against due process.”
He continued: “He's yet to be charged with anything. They won't charge you until the split sample comes back. It's due momentarily. But his life has long since been over. He hasn't been charged with anything. What happens if the split sample comes back and it's under the level? What do they say? 'Oops, sorry that I destroyed your life.' The whole system is unconstitutional. It's based on the fact that you're guilty until proven innocent.”
Pincus also opined that there are substances on the banned substance list that don't belong there, that should be treated as relatively minor issues.
“Mac Robertson (who also received a provisional suspension from HIWU) got a positive for Regumate, another very low-level drug,” Pincus said. “It can't possibly be a banned substance. You're supposed to be looking for a Etorphine and EPO and things like that as banned substances. Not these things. It's ridiculous. You're going to see more, one a week. It's like Russian roulette out there. These guys, they're not cheaters. And besides the fact, you have very little chance under their system of winning. It has to stop.”
Pincus said the old way of doing things is preferable to a world under HIWU and the Horseracing Integrity and Safety Authority (HISA).
“They're not going to be able to do it better than the racing commissioners,” Pincus. “The racing commissions know about the game. They have experience in the game. The stewards are the most knowledgeable people in racing. Now we've gone and replaced them with a bunch of people who say things like, 'Let's change the whip to a popsicle stick with a piece of cotton on the end of it and look at some grainy films and see if that was a jockey winding up or he actually hit the horse.' It's stupid. The seventh whip strike is animal cruelty? Then what was the sixth whip strike, which is allowed?”
Elsewhere on the podcast, which is also sponsored by the Pennsylvania Horse Breeders Association, Kentucky Thoroughbred Owners and Breeders, WinStar Farm, Lane's End, XBTV.com andhttps://www.threechimneys.com/ West Point Thoroughbreds, the team of Bill Finley, Randy Moss and Zoe Cadman, jumped into the controversy surrounding the extension of Bob Baffert's ban by Churchill Downs. Moss predicted that Baffert would fight the extension in court and that, this time, he would prevail. The team also took a look back at the win by West Will Power (Bernardini) in the GI Stephen Foster S., run this year at Ellis Park, and the game victory by Fort Bragg (Tapit) in the GIII Dwyer S. Looking ahead at this weekend's action, Finley focused in on the GII Suburban S. at Belmont. A race with a long history and one won by some of the sport's all-time greats, the Suburban, Finley said, has turned into a second-tier race. He argued that there are too many races on the NYRA calendar for older dirt males and said the best solution would be to discontinue the Suburban, which, this year, drew only five horses.
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