Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.
Following a full hearing in Cleveland between April 23 and April 25 before HISA's anti-doping and medication control program arbitration panel, Ohio veterinarian Scott Shell has been suspended for 21 months and fined $20,000 for possessing four banned substances on Sept. 28 last year at Thistledown Racetrack.
The four substances in question were two jars of Carolina Gold/GABA (an amino acid that can be used as a calming agent), one tub of Isoxsuprine powder, two boxes of Bisphosphonate (“Osphos”), and one bottle of Sarapin (“Pitcher Plant”).
According to the final decision, Shell's defence essentially centered around his contention that the four substances were intended for use in his practice outside of HISA's remit, including in West Virginia, which currently conducts horse racing beyond oversight of the federal law.
Shell also contended that HIWU chief of science Dr. Mary Scollay had previously given him reason to believe possession of banned substances was permitted on HISA's covered grounds as long as the veterinarian had an outside practice, according to the final decision.
“Dr. Shell has compelling justification to possess the four charged Banned Substances because he proved that he used and intended to use these legal medications in a non-Covered horse practice, on a regular basis. Dr. Roberts testified the charged Banned Substance are something that you would want to have at your fingertips to prescribe on any given day, and that it is good veterinary practice to carry a few doses of these medications for use in rural areas,” the final decision states.
Arbitrator Barbara Reeves ultimately disagreed with these contentions, essentially arguing that Shell hadn't adequately justified his possession of the banned substances.
Among her reasonings, Reeves stated that Shell's interpretation of Scollay's statements is “unreasonable and not supported,” and that “taken as a whole, Dr. Scollay's statements explain that where there are veterinarians whose practice also includes Non-Covered horses, they are able to explain or justify the Possession based on the Non-Covered horse practice,” according to the final decision.
“Dr. Shell is a Covered Person, and he was in Possession of Banned Substances in Ohio where he is clearly and unequivocally subject to the ADMC Program. Arguing that he is not subject to the Program when he is in West Virginia is entirely beside the point. He needs a compelling justification for possessing Banned Substances in Ohio,” the final decision state.
“His explanation that he is flouting the ADMC Program by selling Banned Substances in West Virginia–where some of the same substances are also banned–does not justify his Possession in a Covered state,” the final decision adds.
Shell's suspension, which began on Oct. 5, 2023, corresponds with his two-year period of suspension previously issued for administering Hemo 15, a banned Substance, 228 times to 37 Covered Horses between May 29, 2023 and October 19, 2023. That suspension period began on Jan. 8 this year.
NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the HIWU “pending” and “resolved” cases portals.
Resolved ADMC Violations
Date: 09/24/2024
Licensee: Dawn Fontenot, 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. Admission.
Explainer: Medication violation for the presence of Methocarbamol–controlled medication (Class C)–in a sample taken from Molly's Little Lue, who won at Horseshoe Indianapolis on 7/10/24.
Date: 09/20/2024
Licensee: Joseph Davis, trainer
Penalty: 7-day period of Ineligibility for Covered Person, beginning on September 21, 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 1.5 Penalty Points. Admission.
Explainer: Medication violation for the presence of Dexamethasone–controlled medication (Class C)–in a sample taken from Mr Discount, who won at Horseshoe Indianapolis on 7/6/24.
Date: 09/20/2024
Licensee: Dr. Scott Shell, veterinarian
Penalty: 21-month period of Ineligibility for Covered Person, beginning on Oct. 5, 2023; a fine of $20,000. Final decision of arbitral body.
Explainer: For the possession of four banned substances–Gamma Aminobutyric Acid (GABA), Isoxsuprine, Pitcher Plant Extract, Clodronate (Clodronic acid)–in an event dated 9/28/23.
Read more on the story here.
Pending ADMC Violations
09/25/2024, Emma Jimenez Sanchez, trainer: Provisional suspension for possession of Adenosine Monophosphate (AMP)–a banned substance–for an event dated 7/30/24.
09/24/2024, Joaquin Lopez, trainer: Pending vets' list medication violation for the presence of Flunixin–a controlled substance (class C)–in a sample taken from She's an Angel on 8/28/24.
09/24/2024, Miguel Hernandez, trainer: Pending medication violation for the presence of Dexamethasone–a controlled substance (class C)–in a sample taken from Cajun Treasure, who finished fourth at Emerald Downs on 8/17/24.
09/24/2024, Miguel Hernandez, trainer: Pending medication violation for the presence of Dexamethasone–a controlled substance (class C)–in a sample taken from Dennard, who won at Emerald Downs on 8/17/24.
09/23/2024, Doug O'Neill, trainer: Pending medication violation for the presence of Furosemide–a controlled substance (class C)–in a sample taken from What a Dude, who won at Santa Rosa on 8/16/24.
09/23/2024, Rodney Faulkner, trainer: Pending vets' list medication violation for the presence of Phenylbutazone–a controlled substance (class C)–in a sample taken from Moontap on 8/15/24.
09/20/2024, Francisco Ramos, trainer: Provisional suspension for the use of “prohibited substance methods” for an event dated 9/6/24.
09/20/2024, Thomas Bell, trainer: Provisional suspension for a medication violation for the presence of Metformin–a banned substance–in a sample taken from Summer Solstice, who won at Los Alamitos on 7/4/24.
Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.
Horseshoe Indianapolis
Angel Serpa–violation date September 19; One-day suspension, $250 fine
Los Alamitos
Ricardo Ramirez–violation date Sept. 20; One-day suspension, $250 fine, one strike over limit
Tyler Baze–violation date Sept. 20; Two-day suspension, $500 fine, one strike over limit
Harvey Barrington–violation date Sept. 22; Three-day suspension, $500 fine, six strikes over limit
Cesar Ortega–violation date Sept. 22; One-day suspension, $250 fine, one strike over limit
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
Los Alamitos
Date: 09/20/24
Licensee: Louis Neve, owner
Penalty: Owner Louis Neve, having failed to respond to written notice to appear before the Board of Stewards at Los Alamitos Race Course on Sept. 19, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear), pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility $3,064.96 to Veterinarian Melinda Blue). Suspension to commence Sept. 27.
Los Alamitos
Date: 09/20/24
Licensee: Karl Pergola, owner
Penalty: Owner Karl Pergola, having failed to respond to written notice to appear before the Board of Stewards at Los Alamitos Race Course on Sept. 19, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear), pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility $2,465.82 to Veterinarian Melinda Blue). Suspension to commence Sept. 27.
Los Alamitos
Adrian Escobedo–violation date September 21; Three-day suspension for careless riding
Kentucky
Churchill Downs
Walter Rodriquez–violation date Sept. 19; Three-day suspension for careless riding
Churchill Downs
Date: 09/20/24
Licensee: Gregory Foley, trainer
Penalty: After waiving his right to a formal hearing before the Board of Stewards, Gregory D. Foley is hereby fined $500 for the Prohibited electronic treatment (use of magna wave) of Appeal Denied within 24 hours prior to post time of race one at Churchill Downs on Sept. 18 in violation of 810 KAR 8:010 Section 3 (7), which necessitated a late scratch.
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