The Horseracing Integrity & Welfare Unit has lifted the suspension assessed to trainer Jorge Duarte Jr. in the wake of one of his horses testing positive for methamphetamine after a race at Delaware Park in May. Duarte is the private trainer for Richard Santulli's Colts Neck Stables.
On June 26, Duarte was informed that a horse he trained named Happy Cat (Kitten's Joy) had tested positive for methamphetamine following a May 22nd race at Delaware Park. On September 5, he was issued a provisional suspension of 60 days.
After presenting additional information to HIWU in the form of an affidavit on September 18, Duarte's suspension was lifted by HIWU.
Happy Cat was walked by a freelance hotwalker on May 22 at Delaware. Duarte said that she was an older woman who walked a horse for trainer Bonnie Lucas the following day. That horse also tested positive for meth. Duarte drug tested his own employees, who were negative, and the freelance hotwalker, but said that he believed her negative test for meth was due to the fact that she had had seven days' notice before the test. On September 11, he asked her to submit to a hair analysis, and she refused, saying that she was on a medication that would cause her to test positive. She then ceased communicating with Duarte.
HIWU's letter to Duarte's attorney, Howard L. Jacobs, reads:
“Pursuant to ADMC Program Rule 3247(a)(1), HIWU was required to impose a Provisional Suspension on Mr. Duarte as the Responsible Person for Covered Horse Happy Cat, as a result of the Adverse Analytical Finding (“AAF”) for Methamphetamine. Initially, and in accordance with Proposed ADMC Program Rule 3226(e), HIWU imposed a Provisional Suspension of 60 days effective as of September 5, 2024, to run through and including November 3, 2024. Under ADMC Program Rule 3247(e), HIWU has the discretion to lift a Provisional Suspension “[i]f it considers it appropriate to do so on the specific facts of the case.” On September 18, 2024, you provided HIWU with (1) an affidavit from Mr. Duarte and (2) documentation supporting Mr. Duarte's affidavit. HIWU finds the September 18, 2024, submission to be relevant and meaningful information regarding the likely source of unintentional transfer or contamination.”
“Based upon (1) proposed ADMC Program Rule 3226(e) and (2) the documentation provided on September 18, 2024, HIWU has determined that it will lift the Provisional Suspension
imposed on Mr. Duarte as of today, September 20, 2024. Mr. Duarte has served 15 days of a Provisional Suspension. Pursuant to ADMC Program Rule 3247(j), Mr. Duarte shall receive a
credit for 15 days against any period of Ineligibility that may ultimately be imposed. Pursuant to proposed ADMC Program Rule 3226(e), regarding Human Substances of Abuse, this matter is stayed effective today pending FTC approval of proposed ADMC Program Rules.”
Under the current ADMC rules, methamphetamine is still classified as a banned substance for which a positive test requires a provisional suspension, and ultimately punishable by a two-year suspension. However, the ADMC committee agreed to carve out drugs of human-substance abuse, like meth, from the list of banned substances and have submitted a new set of rules to the FTC changing the maximum penalty for a first-time offender to 60 days, and instructing HIWU to treat these cases as an unintentional transfer, or environmental contamination, if, in fact, HIWU determines that was more than likely. Those rule changes are pending before the FTC.
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