Archive for the ‘Medication’ Category
Sunday, February 28th, 2010
Alex Brown is among those in the anti-horse slaughter community who pointed out to the Paulick Report recent changes in Canadian regulations regarding drugs not permitted in horses intended for slaughter in Canada. In this following article, Brown says an extremely high percentage of American-trained Thoroughbreds are prescribed one of the newly prohibited drugs, phenylbutazone, otherwise known as Butazolidin or Bute. What isn’t known is how this new ban will affect the transportation and slaughter of horses from the United States into Canada. – Ray Paulick
By Alex Brown
Bute is banned for food animals, our horses are not food animals.
The United States Food and Drug Administration released a document in 2003 establishing that phenylbutazone (Butazolidin, or Bute) is not fit for horses intended for the food chain. According to the document, Bute is a carcinogen, as determined by the National Toxicology Program. The Canadian Food Inspection Agency (CFIA) recently released a document establishing revised guidelines or horses intended to be slaughtered in slaughter houses in Canada. In that document there is a list of substances that are not permitted for horses intended for the human foodchain, regardless of when the substance is ingested. No quarantine period for these substances. They are simply banned. Bute is on that list.
Data compiled by the Daily Racing Form indicates that in 2009 99% of horses that ran in California pre-raced on Bute (7391 out of 7443). In a similar study of Suffolk Downs runners, 92% of horses pre-raced on Bute (1062 out of 1158). As I ask trainers about their use of Bute for pre-racing, trainers tell me they pre-race on Bute regardless of the condition of the horse. It is not because the horse is unsound, it is because we can and it does not slow the horse down for the race itself.
As horsemen we know that pre-racing on Bute is only one example of when Bute is administered to our racehorses. Many horses train on Bute as part of their daily regimen.
Is it not time now to ask our racing leaders to publicly support an end to slaughter, or at least ban racehorses from the food chain. It is clear that racehorses are not fit for human consumption from a food safety standpoint and knowingly allowing this practice to continue cannot be justified.
We should perhaps also ask the same question of the American Association of Equine Practitioners (AAEP) and the American Veterinary Medical Association (AVMA). A vet, more than anyone, knows that our racehorses are administered Bute, and they now must undersrtand that Bute is prohibited for food animals.
Tags: alex brown, Butazolidin, Bute, horse slaughter, Paulick Report, phenylbutazone, Ray Paulick, thoroughbred
Posted in Medication | 54 Comments »
Monday, February 8th, 2010
Barry Irwin, the founder and CEO of Team Valor International, has made no secret of his opposition to the racing industry’s reliance on revenue from slot machines or other casino games. The following piece not only cautions pro-slots advocates about the threat of a Trojan horse strategy by gaming companies but suggests racing would be better off in the long run by promoting the sport and not the financial aspects of horse ownership. While his proposals could lead to a reduction in the number of tracks, racing dates and Thoroughbred foals, Irwin says the industry needs to find a viable level at which it can sustain itself. — Ray Paulick
By Barry Irwin
David Greathouse once said to me "We made a big mistake telling people they could make money racing horses."
The "we" referred to by the bloodstock agent and partner in family owned Glencrest Farm of Central Kentucky were those folks that sold a bill of goods to newcomers by telling them that racing was a financially viable pursuit.
Greathouse made a very insightful comment, one that I have reflected upon for the last 3 decades.
As he pointed out, one only has to look at other equine sports to see how they have presented themselves. Trainers of sport horses, dressage horses and show horses rarely if ever promote their sport to participants based on how much money can be made. The ones that do are not around very long.
Yet, by and large, the cost of keeping a three-day event, dressage, jumper or show horse in training is not insignificant. Any parent of a son or daughter with a horse in training at a local riding academy or stable knows precisely what I mean.
Those involved in these disciplines, however, willingly pay the costs because they receive value from the enterprise. That value, in most instances, is not derived from the earning of prize money or the resale of their animals.
Not that these horses lack value. A top dressage horse or jumper or event performer or even a very good child’s pony can be quite valuable in terms of dollars. The best of these animals sell for prices in the hundreds of thousands to the millions of dollars, especially if they are World Equestrian Games or Olympic quality.
But somewhere along the line, marketers of Thoroughbreds shook the genie out of the bottle and promoted their horses as a means by which one could expect to make a buck.
And it wasn’t just the hardboots of Kentucky, the sharp-tongued bloodstock agents in Florida or the fast-talking middle men in California that focused on the dollars.
The scholarly Joe Estes, a staid, analytical and proper gentleman whose bent for statistical analysis made The Blood-Horse the must-read trade magazine of the Thoroughbred industry, in 1948 developed the Average Earnings Index as the measurement by which sires were rated and ranked. It was all based on how much money the offspring of those stallions earned on the racetrack in a given year.
Clever marketers grabbed the ball and ran with it. Racing, a prospective owner could read and see and hear, was a good way to get rich.
For sure, there is money to be made in the Thoroughbred industry. Owners of farms, especially the majors like Coolmore/Ashford, Darley, WinStar and Lane’s End, need to operate on a sound financial basis and they prosper.
Support staff for horses such as trainers, veterinarians, hospitals, rehab facilities, training centers, transportation and insurance companies all make money. Just as they do in all other equine disciplines.
But the people Greathouse was referring to are the consumers of the horses, and the notion that has been floated for the past century in the United States that owners of racehorses are involved in a money-making venture. We would be better off today, he said, if we had never introduced the notion that one should expect a return on investment in a racehorse.
Can and do some owners of racehorses make money?
Of course.
But the percentage is so small that anybody getting into the game must be realistic and understand that these successful owners are the exception, rather than the rule.
If the marketers of racehorses promoted the enterprise based on racing’s intangibles, rather than the tangibles, it would be better for all concerned. Expectations could be better managed and the inevitable turnover rate of owners would decrease. Also, a lot of pressure would be taken off of the marketers themselves.
So if one cannot count on making money by racing horses, where is the value? Where’s the beef!
NO. 1 REASON TO BUY HORSES? THE THRILL OF RACING
I have been forming racing partnerships since 1987, so I have learned a lot about why people want to race horses. Invariably, the prime motivating factor is the prospect of racing a good horse and experiencing all of the magic and excitement that goes along with it.
The thrill of racing is the number one reason why people buy a racehorse. Yes, there is a lot of posturing about wanting to make money and getting the best deal, but mostly, in my experience, those people making this type of chatter feel they must treat it seriously, because they fully realize (consciously or even subconsciously) that they are totally indulging themselves and find a need to justify their purchase of a racehorse.
I know that many reading this will scoff at what they have just read, but I know it to be true in virtually every instance. And here is another reason I know that money is not the primary reason that people buy horses: even if these folks that are so concerned with dollars are offered a reasonable profit, they invariably do not take it. They will come up with any number of sound reasons for not accepting the profit, such as the tax man’s bite or capital gains holding periods. But in reality, they do not sell because they bought the product to consume it, not primarily to profit from it.
For these people, who form the vast majority of racehorse owners throughout the world, the value is not in the vaunted and much ballyhooed ROI, but in the intangibles, such as pride of ownership and race day thrills.
Have I taken the time to write the preceding 1,000 words just to make a point that people buy racehorses just for the excitement of it all?
C’mon … gimme a break! This is just laying the groundwork. Now, here comes the good part.
Racing is at a critical crossroads in its history, much like it was a third of the way through the last century, when horseracing’s very existence was threatened by those seeking to outlaw it.
The pari-mutuel system of betting, despised by those who wanted to bet with bookmakers, changed the entire face of racing and offered a financial boon to troubled states at a time when the nation faced a worse financial crisis than it does now.
Today, three forces threaten to shut racing down or at the very least, reduce it to a pitiful sideshow. The entities are, in no particular order, racetracks, state governments and gaming interests. In some instances, the racetracks and the casino interests work together. In the future, all three have financial reasons to join forces and work against horseracing.
Right now, there are plenty of people inside of horseracing that see the way to stemming the downward slide and growing the sport is to get in bed with the casinos. There already has been enough evidence on record to indicate that the casinos represent a Trojan horse. They want access inside a racetrack in order to gain a foothold, which they can use to entice both the racetrack and the state to eliminate the expense of horseracing.
Horseracing interests have spent entirely too much capital, time and energy trying or getting into bed with interests whose ultimate goal is to snuff out the game.
Given that the people attracted to horse ownership find more value in the sport than the money involved, I would like to suggest that racing consider making two adjustments that can lead it on a different path, one that hopefully can go some way in establishing a more viable future for the game.
PROMOTE THE SPORT, NOT THE FINANCIAL REWARDS
If I am correct in my contention that the sport trumps the dollar, let’s start by reframing the goals of horse ownership by concentrating on promoting the sport and not the financial rewards to newcomers.
Those marketing horses can take a lead from the top racing partnerships like Dogwood, West Point and Team Valor International. When communicating with newcomers, these outfits stress the intangible aspects of the sport and let neophytes know right up front that if they are getting into racing with the expectation of making a fortune, they are being unrealistic.
Believe me, we are selling our sport short if we think that we must rely on greed and the false promise of life-changing riches in order to attract newcomers and keep them. People, guess what? This sport really is this good!
Secondly, and more importantly, if the sport does indeed trump the dollar and purses are not the end all and be all of the game as we have been told, I suggest that it behooves racetracks to stop pursuing partnerships with casinos and return to their original purpose, which is to promote the sport of horse racing.
I think the non-profit racing associations would be more receptive to this concept, as the for-profit groups seem bent on providing the most return to their shareholders no matter how adversely their actions impact horseracing. Some tracks right now act like they would like to stop producing a live sport altogether.
In the final analysis, the only way our game is going to prosper at a high level again is for the sport to thrive, because it is the sport that provides the driving power, not alternative gaming. Casinos are great for racetracks. They are not good for racing. In the short run, horsemen will be compensated. But in the long run, the casinos will drive them out of business.
MAKE PEACE WITH HORSEPLAYERS
Racetracks that want to stay in business should promote racing. Otherwise, they should not apply for a license and go into the casino business and leave racing alone, so that it can find others to promote it that have their heart in it.
High purses are good, but they are not critical. Racing for years has prospered in many locales where prize money has been very low. It is not ideal to have low purses. But one of the reasons racing in America in particular could use a high purse structure is that expenses to have a horse in training are too high. A lower purse structure, however, could have the benefit of giving a break to gamblers that have supported our enterprise for years.
For racing to prosper again, here is what needs to happen:
1. MEDICATION: racetracks need to take charge of all veterinary supplies to gain control over the use and cost, so that the public is better protected from unscrupulous practitioners and owners can have their horses treated by drugs at as close to cost as possible. Vets can make their money diagnosing and treating horses, like human doctors have forever. They should not look for their compensation from middling strapped owners on the difference in the wholesale and retail price of drugs such as GastroGard and hyaluronic acid.
2. FEED: racetracks need to buy the feed and make it available to horsemen at as close to cost as possible to lower the expense to owners.
3. TAKEOUT: it should be reduced on all wagers to 12 percent, with the state getting 2 percent and the horsemen and the track getting 5 percent each. The states have been greedy for too long and they mostly have budgets inflated by expenses for racing commissions that are woefully inept. Horseplayers have carried the game on their backs for far too long and we need to cut them some slack. It is more important to cater to the bettor than to have higher purses.
So by adjusting to lower purses, horsemen can accomplish a lot. They can make peace with horseplayers. They can keep the casino wolf at bay and improve the chances for the longevity of the sport. And they can concentrate on promoting the game, which in the end is the only thing that can offer it salvation.
In conclusion, racing needs to do whatever it can to concentrate on the core activity, which is racing. The sport must be promoted first and foremost. Secondly, the game must realize that contraction is its friend. By reducing the number of horses bred, the number of tracks in operation and the sheer number of races run, the concentration in quality will only aid the game. Bad horses, bad racetracks and lousy races help nobody. There are too damn many tracks that are nothing but an excuse to have simulcasting.
If by having lower purses the result is that the game contracts, so be it. That way, at least we will find a viable level at which the sport can be sustained. The subsidies from gaming are temporary, no matter what the law says, because as we have all seen, when state budgets get low, the legislators simply amend the law and grab what they need.
Racing must change its focus to promote itself, seek its viable level and send out the best product we can to the bettors that support our game. We need a new model. The present one is broken. It is time to get real.
Tags: barry irwin, gaming revenue, Horse Racing, Paulick Report, racehorse ownership, racing partnerships, Ray Paulick, Slot machines, team valor international, vlts
Posted in Medication, Slot machines, Thoroughbred Business, Thoroughbred Ownership | 99 Comments »
Monday, November 23rd, 2009
By Ray Paulick
Medication news is in the Paulick Report pipeline today from Kentucky and Pennsylvania.
First to Kentucky, where trainer Kiaran McLaughlin has allegedly had three horses test positive for ipratropium bromide, a short-acting bronchodilator classified by the Association of Racing Commissioners International as a Class 3 drug. The positive test allegations, conducted at the University of Florida testing laboratory, have not been confirmed in split-sample tests.
According to sources, the positive tests were for horses that ran during the fall Keeneland meeting and include a Grade 3 stakes winner. The Kentucky Racing Commission could not confirm any positive tests until after a split sample is returned and stewards have conducted a hearing and ruled on the matter, but a source close to the cases said McLaughlin is cooperating with investigators. The source said the low-level positive was called based on urine screening, and McLaughlin has requested that a sample of plasma from the horses also be tested.
No official ruling or purse distributions have yet been ordered, pending confirmatory testing and a stewards hearing.
Now to Pennsylvania, where there is good news for the dozens of owners and trainers charged with having a horse test positive for lobeline, a drug used in nicotine patches to help humans quit smoking but also found in the lobelia inflata plant that is indigenous to the Midwest and Eastern United States. (The Paulick Report first reported on the rash of positive tests for lobeline Sept. 23. Click here to read the original article.)
According to sources, the Pennsylvania State Horse Racing Commission is going to dismiss all of the lobeline positives, called at infinitesimal levels in both Thoroughbred and Standardbred horses. It isn’t clear yet whether purses for the races in question will be affected in any way.
Racing commission staff visited one of the farms where one of the horses that tested positive for lobeline had been turned out, the source said, and lobelia inflata was clearly evident in pastures. Additionally, what may have led to the dismissals was testing conducted at the University of Pennsylvania by Dr. Larry Soma that yielded a positive result after a horse ingested a dried version of the weed.
Of course, there will likely be no financial reimbursement to trainers and owners who were forced to pay for split samples and hire legal counsel to defend them against the accusations for lobeline positives.
In the end, at least, it looks as though the commission made the right decision.
Copyright © 2009, The Paulick Report
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Tags: ipratroprium bromide, kentucky racing commission, kiaran mclaughlin, larry soma, lobelia inflata, lobeline, Paulick Report, pennsylvania state horse racing commission, Ray Paulick
Posted in Kentucky, Medication, Pennsylvania | 39 Comments »
Wednesday, October 14th, 2009
The Paulick Report heard from several officials involved in the regulation of horse racing and drug testing following Monday’s publication of a commentary by attorney Alan Pincus regarding the state of Pennsylvania’s zero-tolerance medication policy. Pincus asserted that ultra-sensitive testing is picking up trace elements of prohibited substances that are so small they are caused by environmental contamination or have no influence on the racing performance of a horse.
The commentary by Pincus was in response to an earlier article published in the Paulick Report concerning a flurry of positive tests in Pennsylvania for lobeline, a medication found in nicotine patches that are used to help people quit smoking. There have been more than 50 positive tests in Pennsylvania for Lobeline, which many believe has resulted from feed contaminated by the lobelia inflate plant that grows wild in many parts of the Midwest and Northeast.
Among those who wrote with a counterpoint to Pincus is Rick Abbott, a former longtime member and chairman of the Pennsylvania State Horse Racing Commission. Abbott is also a horseman who operates Charlton Bloodstock in Chester County, Pa., with his wife, Dixie. — Ray Paulick
_________________________________________________________________________________________________________
By Rick Abbott
I recently retired from the Pennsylvania State Horse Racing Commission (PAHRC) after 13 years as a commissioner and several as chairman. Throughout that time I had many occasions to interact with attorney Alan Pincus, as he is the unofficial house attorney for both the Pennsylvania Thoroughbred Horsemen’s Association and the Pennsylvania HBPA when it comes to the defense of drug positives. During my term I cannot recall attorney Pincus winning one case on appeal from a ruling by the Stewards nor, I believe, did he win one of his appeals to Commonwealth Court or the Pennsylvania Supreme Court. He did, however, collect considerable fees in the process.
In the case of clenbuterol, Pennsylvania experienced a rash of positives when the Pennsylvania Equine Testing and Research Laboratory (PETRL) began testing for the drug in plasma in addition to urine. It turned out the drug was being administered at “bridle time” so that it would not have been in the horse long enough to be found in the urine when post race samples were taken. There were over 50 positives for clenbuterol in the week that plasma testing began and, miraculously, none in the week after the positives were called. The positives stopped overnight. All of the cases were adjudicated in favor of the racing commission, even those appealed to Commonwealth Court.
Aminorex presented a thornier problem. The first cases appeared in Canada and then showed up in Ohio. From there they migrated east, first to the Meadows, a harness track near Pittsburgh, and then to Penn National and Philadelphia Park. The problem for the racing commission was that the drug (a powerful stimulant) had not been commercially available for over 20 years and there was no research on its pharmacological effect on the horse. We knew aminorex was a strong “upper” but had no data as to the level at which it would effect a horse’s performance. In fact, the first few trainers who had positives took their days and paid their fines.
After the lab confirmed 30 positives the racing commission met with representatives of the horsemen and asked them to provide samples of any feed supplements they were using in the hope that we could identify the source of the positives. Some provided those samples but the lab was unable to find a source. After another meeting with the horsemen, including attorney Pincus, the racing commission agreed to ask Dr. Lawrence Soma at New Bolton Center to try to determine the level at which aminorex would affect performance.
Originally, Dr. Soma’s attempts to conduct this research were stymied by his inability to obtain the drug so that he could do administration studies. Eventually he was able to obtain some of the drug from the University of Georgia and the studies were performed. The results of those studies showed that the drug was very short acting and would have to have been administered in the post parade to have had a performance enhancing effect. The racing commission was never able to identify the source of the drug.
All of the aminorex cases were dropped and the trainers who had taken their punishment were made whole (including lost purse money). This was done in cooperation with the horsemen, and second-place horses that would have been moved up were awarded first money out of a sense of fairness.
Interestingly, aminorex, while still tested, has disappeared from racing.
Pennsylvania’s testing integrity has never been questioned by anyone but attorney Pincus in his representation of horsemen with positive tests. Commonwealth Court and the Supreme Court of Pennsylvania have consistently upheld the testing and due process procedures of the Pennsylvania State Horse Racing Commission.
I am sure that the current Commissioners will handle this new rash of positives for lobeline with sensitivity to the rights of the individuals involved, including the rights of the horsemen whose horses finished behind the horses that tested positive. I’m also sure that lobeline will stop appearing in the tests of horses racing in Pennsylvania.
UPDATE: We received the following response from Alan Pincus to the above editorial.
I read the comments by Commissioner Abbott and I think they are illustrative of the problems with supersensitive testing. I’m sure he is a fine man and is loved by his family. However, he is intellectually dishonest in these matters. When it comes to the testing of various drugs including aminorex and lobeline there are only two possible answers. Either a huge number of trainers (30+ aminorex, 50+ lobeline) are purposely or negligently giving the substance to their horses or because of testing to such minute levels some type of innocent environmental contamination is showing up in the samples and the trainers are actually innocent. Commissioner Abbott will not state which one of these choices is the true answer. I challenge Mr. Abbott to state whether these trainers are guilty or innocent.
Let’s look at aminorex for a moment. The trainers all had a confirmed amount of a class 1 drug in their horses. This would call for a suspension from 3 months to a year. The only thing that stopped those suspensions from happening was the sheer volume of positives. Even Mr. Abbott had to admit that punishing these people would be wrong but he will not admit that the problem was caused by his lab and not the trainers. His lack of sensitivity is shown by his statement that the trainers were made whole. Yes, they were not suspended and their owners eventually got their purse money back but they were forced to endure a year with class 1 positives hanging over their heads and the anxiety that comes with it. I assure you, Mr. Abbott, that horsemen are human beings with human feelings.
Abbott states, "Interestingly, aminorex, while still tested, has disappeared from racing." His implication is the trainers have stopped giving it to their horses. The real reason is the lab stopped calling positives for aminorex at such low levels. You will see lobeline positives disappear from racing when they stop calling positives at current low levels also. It will all be done in secret and no admissions will ever be made by the Commission. So, Mr. Abbott, you again have the opportunity to state whether the aminorex trainers were guilty or innocent. Let’s hear your answer.
Tags: alan pincus, aminorex, Charlton Bloodstock, clenbuterol, Dixie Abbott, drug testing, equine drug testing, lawrence soma, lobeline, Paulick Report, Pennsylvania Equine Testing and Research Laboratory, pennsylvania horse racing commission, PETRL, Ray Paulick, Richard Abbott, Rick Abbott
Posted in Medication, Pennsylvania, drug testing | 25 Comments »
Sunday, October 11th, 2009
Three weeks ago, the Paulick Report broke the news of a drug-testing mystery in Pennsylvania involving dozens of positive tests in Thoroughbreds and Standardbreds for a Class 2 prohibited substance called lobeline, used in nicotine patches to help people quit smoking but which traces from the lobelia inflata plant that is indigenous to the northeastern United States. The hearings for trainers who received many of these positive tests—most of which uncovered extremely minute levels of the drug–have been postponed by stewards while Dr. Lawrence Soma researches how lobeline may have found its way into the system of so many horses across the state.
Since then, the Paulick Report has heard of a cluster of positive tests in Pennsylvania for another human drug, the prohibited Class 3 medication bitolterol, which is used in asthma inhalers. These tests also have allegedly been called on quantities in the picogram (one trillionth of a gram) level.
Alan Pincus, an attorney in Pennsylvania, is familiar with Pennsylvania’s equine drug testing laboratory, having represented a dozen trainers who were implicated in a case involving aminorex, a prohibited Class 1 drug. The aminorex charges were eventually dropped by the Pennsylvania Horse Racing Commission. Pincus has also been contacted by several of the trainers involved in the current lobeline positives.
Pincus wrote the following commentary concerning zero-tolerance regulations, which were written years ago when drug tests were not nearly as sensitive as they are today. — Ray Paulick
____________________________________________________________________________________________________________________________
By Alan Pincus
Over the years many people have been injured by the testing procedures of the Pennsylvania Horse Racing Commission. The problem stems from the way the regulations were written 20 to 30 years ago. In Pennsylvania, the regulations state that no foreign substance shall appear in a post-race test. This is what they call zero tolerance and is true for all but a few drugs (phenylbutazone, etc.), which do have tolerance levels.
At the time the regulations were written the testing was at the nanogram (one partical per billion) level. Any horse found to have an illegal substance most likely had a performance affecting level in its system. Also, the chances were high that the trainer was responsible. Now, they have testing to the picogram level (one partical per trillion). There are 1,000 picograms in a nanogram, so you can conclude that testing today is 1,000 times more sensitive than when the regulations were written.
Over the years as testing became more sensitive, anomalies started to occur as trace levels of drugs were found in horses even though trainers were withdrawing the horses from the drugs per the recommended guidelines. Many people were punished for procaine, isoxsuprine or clenbuterol for no other reason than the fact the withdrawal guidelines did not anticipate testing at such low levels. Also, testing at such low levels started to find positives which were the result of environmental contamination. Almost all cocaine positives are the result of environmental contamination. Many innocent trainers have been punished.
It reached its peak with aminorex, where scores of trainers were subjected to great stress and positive tests of a Class 1 drug. In Canada, the initial penalties for aminorex were three-year suspensions. In Ohio, they were one year.
This scenario is playing out again with lobeline (see the Paulick Report article on the lobeline positives in Pennsylania by clicking here).It is the Pennsylvania Horse Racing Commission’s failure to admit the trainers are innocent that allows the problem to continue to the next drug.
The testing lab must justify itself. They get newer equipment that tests at lower levels and they find positive tests, which they believe are catching cheaters. They congratulate themselves and leave the trainers to suffer. Only if a large amount of trainers have positives for the same drug do the trainers have any chance at all. Think of what would happen if there were only two or three lobeline positives (there are at least 30). The trainers would already be doing their days.
Making things worse is the fact the trainers of the second- and third-place horses want the winners disqualified and thus the horsemen are not united. In the aminorex cases, the eventual dismissals were only made after Dr. Lawrence Soma agreed that the levels were not performance enhancing. I believe that calling a positive for 7 picograms of any substance is irresponsible as it is inconceivable that it could affect performance. In the modern era of testing, there should be a level for every drug and it should be at the level that affects performance.
If you look at the Class 1 drug positives in Pennsylvania over the last 10 years (notably aminorex and cocaine), you’ll find that over 90% were the result of environmental contamination and the trainers were totally innocent. The commission, which always presumes the trainers were negligent or cheaters, has no concern about the grief trainers go through when they receive a positive test. This is true even when the trainers are eventually cleared.
One thing you can count on no matter how the lobeline issue is resolved is the fact that the Commission will never say they were wrong.
Tags: alan pincus, aminorex, bitolertol, drug testing, drugs in horse racing, equine drug testing, Horse Racing, lobelia inflata, lobeline, nicotine patches, Paulick Report, pennsylvania horse racing commission, Ray Paulick
Posted in Medication, Pennsylvania, drug testing | 37 Comments »
Wednesday, September 23rd, 2009
By Ray Paulick
Three years ago it was a rash of positive tests for the Class 1 drug aminorex that had regulators and horsemen in Pennsylvania and several other jurisdictions scratching their collective heads. Today, it’s a Class 2 drug called lobeline that is showing up in trace amounts in dozens of tests at the University of Pennsylvania laboratory, and Pennsylvania horsemen are insisting it’s a case of contamination.
The tests have led to purses being frozen in as many as 30 races, according to Todd Mostoller, executive director of the Pennsylvania Horsemen’s Benevolent and Protective Association. A number of trainers and owners are paying for split samples and hiring attorneys to fight pending charges. Winning horses have had their victories put on hold, and horses that finished second behind first-place finishers that tested positive are considered winners, though their owners haven’t received the applicable purse money.
Stewards, meanwhile, have temporarily postponed hearings in some of the cases while Dr. Lawrence Soma at the University of Pennsylvania lab is said to be researching how lobeline–a drug used in nicotine patches to help people quit smoking–is finding its way into blood and urine tests of racehorses.
“I am 100% sure that nobody is treating their horse with lobeline,†Mostoller told the Paulick Report. “We have horsemen I have absolute confidence in that have done nothing wrong, and they’ve had horses test positive. And there are a lot of horsemen out of state who now are scared to death to come here and race.â€
Mostoller and others said they’d heard the Pennsylvania Horse Racing Commission apparently had received a tip or some undercover evidence suggesting lobeline was being purchased in a powdery form, mixed with water, and then injected in horses to create a respiratory stimulant effect that is very short-lived. One equine medication expert told the Paulick Report lobeline clears the body very quickly and would affect a horse for less than 15 minutes. “You’d almost have to give it in the starting gate,†he said. “It elevates the heart rate for 60 to 90 seconds,†Mostoller said. “It has absolutely no pharmacological effect.
“If that’s what their intelligence is telling them, I’m sure Dr. Soma can get (lobeline powder), duplicate it and see if the results of those tests mirror what the test results have been,†said Mostoller.
Calls to Joseph Mushalko, director of operations for the Pennsylvania Horse Racing Commission, were not returned, nor was an email to Dr. Soma at the University of Pennsylvania lab. (UPDATE: SEE END OF STORY FOR COMMENT FROM PENNSYLVANIA HORSE RACING COMMISSION.)
The positive tests for lobeline began this spring with standardbred horses and have picked up through the summer with both standardbreds and Thoroughbreds. Most of the tests are measuring between 1.5 and 6 picograms, the Paulick Report was told (a picogram is one-thousandth of a nanogram or one trillionth of a gram), although some have been as high as 100 picograms. There is no threshold level for lobeline in Pennsylvania.
“They are very proud of their instrumentation at the lab and are able to go after extremely low levels of a drug,†the Paulick Report was told by a source familiar with the Pennsylvania lab. “To my knowledge, these cases represent the first time lobeline has been called as a positive anywhere in the U.S.â€
Many horsemen feel lobelia inflata, a plant indigenous to the northeastern United States, has found its way into feed or supplements and is causing the positive drug tests for lobeline. Lobelia inflata, also known as puke weed or Indian tobacco, has been used as an herbal remedy to induce vomiting or treat asthma or other respiratory ailments in humans. But Soma is said to have administered lobelia plants to horses and has been unable to duplicate the test results.
The lobeline positives in Pennsylvania are reminiscent of scopolamine prosecutions in California 15 years ago against Hall of Fame trainers Richard Mandella and Ron McAnally, the late Willard Proctor and Mark Hennig. In those cases, there was strong evidence that hay or straw—even potentially in the state test barn—was contaminated with jimsonweed, which can contain scopolamine. The trainers were eventually absolved of any wrongdoing (after spending thousands of dollars in legal fees), but the owners of the horses that tested positive lost their purse money.
Pennsylvania regulators may not be rushing to prosecute the lobelia cases because of what happened with the positive tests in 2006 for aminorex, a weight-loss stimulant drug that hadn’t been manufactured for nearly 20 years because of dangerous side effects. Positive tests for a metabolite of that drug were found in Ontario, Canada, Ohio, Pennsylvania and even Hong Kong, but the cases were dropped when scientific research determined it may not have been aminorex but a substance found in a deworming product.
“Reputable horsemen were involved then,†Mostoller said. “It’s a very similar situation to what we have now. At first the racing commission was very reluctant to do any research on (lobeline), but reputable horsemen with not even a parking ticket on their records started getting positives. With aminorex, all the trainers were exonerated and the purses were reissued to the original horses.â€
“Everybody should want to know the truth here,†Mostoller said. “Dr. Soma at all times is interested in finding out what is going on, but he was shut down by not being able to send any samples to the Pennsylvania Equine Toxicology Lab to do his research. You would think that as a veterinarian Dr. (Corinne) Sweeney (chairman of the Pennsylvania Horse Racing Commission) would want to know the truth, too. But they are still calling positives and are still scheduling stewards’ hearings. People are still hiring attorneys, paying for split samples, and having purses held.â€
The Paulick Report will update this story if and when we hear back from the Pennsylvania Horse Racing Commission or University of Pennsylvania testing laboratory.
UPDATE (9:00 A.M., Wednesday, Sept. 23): Joseph Mushalko of the Pennsylvania Horse Racing Commission returned a phone call Wednesday morning after this story was published, but could not provide details about the number of cases, from which tracks the positive tests came, or what research is being conducted because all of the cases “are still under investigation.” Mushalko said one case had been adjudicated but is under appeal and that the trainer has received a stay from a 90-day suspension and $1,000 fine. He also confimed that the aminorex cases from 2006 were all dismissed.
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Tags: aminorex, corinne sweeney, joe mushalko, lawrence soma, lobeline, Paulick Report, pennsylvania equine toxicology laboratory, pennsylvania horse racing commission, pennsylvania horsemen's benevolent and protective association, Ray Paulick, todd mostoller, university of pennsylvania drug testing laboratory
Posted in Medication, Pennsylvania, drug testing | 14 Comments »
Tuesday, July 28th, 2009
By Ray Paulick
There seems to be a belief among more than a few people in horse racing, including some trainers, that a state racing commission’s drug testing protocol goes something like this: Stewards call the testing lab and say, “The guy that won this race is a known cheater, and we don’t like him. Make sure you test his horse’s urine for everything under the sun.”
The sample subsequently arrives at the test laboratory with a big “cheater” sticker on it, and the lab technicians spend all of their waking hours testing it. Meanwhile, these same conspiracy theorists are convinced that some trainers never have their horses tested for drugs no matter how many races they win because they wear white hats and are given preferential treatment by stewards, racing commissions and chemists.
It reminds me of the old Smothers Brothers routine, “Mom Always Liked You Best.”
A number of trainers at Del Mar expressed the belief that former California Horse Racing Board executive director Ingrid Fermin has a bias against them and should not be allowed to judge races they are involved in from the steward’s stand. Others have said Fermin has a conflict of interest because her sister is married to trainer Bruce Headley.
We decided to ask a few questions about the protocol for drug testing in California to see just how easy it is to discriminate in the testing of post-race samples. Turns out these folks actually have a system to protect the integrity of the process.
Veterinarian Rick Arthur, equine medical director for the CHRB, told the Paulick Report: “We never alter the standard protocol for any test associated with a race sample. All samples are treated the same per the lab’s SOP. This is one of the advantages of having an accredited lab; all samples are treated the same and every step is documented to confirm that is the case. In rare instances we will go back on a sample if we have seen something suspicious in the lab or we have some intelligence, but that sample, once it has passed the SOP protocol, is considered cleared.
“Any special testing is done to improve the lab and testing protocol going forward,” Arthur said. “We have never filed a complaint on the rare sample that has received special attention after the sample has cleared. I doubt we ever would unless there were exceptional circumstances, i.e., the drug was something especially egregious–cobra or snail venom would be examples. Regardless, due to the documentation process required in accredited labs, any special attention to a sample is recorded and would be open to scrutiny if any regulatory action was taken.
“A few trainers who have had repeated problems with drug positives claim they have been targeted,” Arthur continued. “That is pure fantasy to deflect their personal responsibility for their drug violation records. Samples go into the lab as numbered samples and they are reported out by sample numbers. The sample custodian at CHRB headquarters in Sacramento has the paperwork that decodes the sample numbers to the horse and trainer. Only then does anyone know what sample is tied to what horse and trainer.
“Any trainer who thinks the system is corrupt overvalues their importance,” said Arthur. “Who is going to bother with a vast conspiracy involving multiple people at the CHRB and the University of California? Get real; no one cares. If someone is breaking the rules they will trip up sooner or later. We don’t need to go looking.”
Dr. Scott Stanley heads the Ken Maddy Equine Analytical Chemistry Laboratory at the University of California-Davis, the official lab for the CHRB. Stanley made a couple of additional points about California’s testing protocol.
“First, California also maintains a small portion of the original sample which can be used for retrospective testing,” said Stanley. “The retrospective samples are maintained for two years; while the lab still does not have the information on the horse or the trainer the CHRB can use these samples to identify new drugs or patterns for previously undetected drugs. Second, the testing scheme at UC Davis includes an extensive drug panel equal to or greater than most laboratory’s TOBA testing panel. All samples, from claiming races to graded stakes, receive the same test so there isn’t any one individual trainer or horse singled out or held to a different standard.”
Arthur said out-of-competition testing is somewhat different than post-race tests. “We will alter protocol depending on the circumstances, but again, all samples are treated the same. For example, we had intelligence of an andrenergic drug being used in Quarter horses. Besides testing for EPO in our out-of-competition samples we did additional testing for the rumored drug and other anabolic drugs. Usually we just concentrate on blood doping agents in our out-of-competition testing; the additional tests were a modification of protocol. FYI…the additional drugs we tested in the out-of-competition testing are covered in our standard race testing protocol.”
So, according to those most closely involved in California’s drug-testing procedures, there really isn’t the opportunity to discriminate. Not that the facts are ever going to change anyone’s mind.
By the way, I heard that the Smothers brothers’ mother didn’t play favorites, either.
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Tags: bruce headley, California Horse Racing Board, CHRB, cobra venom, drug testing, ingrid fermin, ken maddy equine analytical chemistry laboratory, ken maddy lab, out of competition testing, Paulick Report, Ray Paulick, rick arthur, scott stanley, smothers brothers, snail venom
Posted in California, California Horse Racing Board, Medication, Regulatory Issues, drug testing | 11 Comments »
Thursday, July 16th, 2009
By Ray Paulick
Eclipse Award-winning trainer Steve Asmussen has been suspended six months and fined $1,500 by Lone Star Park stewards representing the Texas Racing Commission for the case involving a maiden winner at the Grand Prairie track in May 2008 that subsequently tested positive for a metabolite of lidocaine, a Class 2 drug under the classifications of the Association of Racing Commissioners International.
The suspension was handed down on Tuesday, according to Maggi Moss, a well-known and successful Thoroughbred owner and an attorney for Asmussen, but not communicated to him until today. An appeal was filed immediately, and late Thursday Moss said the commission granted a stay of the suspension that was to begin Monday, July 20.
Click here for a press release from the Texas Racing Commission concerning the Asmussen ruling and the appeals process.
Moss was unhappy both with the suspension and the manner in which the hearing was conducted, particularly the commission’s refusal to provide quantitative analysis of the urine tests or to allow blood to be tested for confirmation of the presence of the drug. Texas is one of two “zero tolerance” racing medication states, along with West Virginia, according to Moss. She said blood tests would have proven lidocaine was “not in the body of the horse,” something chemist Steven Barker of Louisiana State University said during a hearing conducted July 7. Hall of Fame trainer Bill Mott also provided testimony in Asmussen’s defense at the hearing. Mott fought a lidocaine positive some years ago in New York.
“I know that I didn’t do this,” Asmussen said about the positive test at the eight-hour hearing, according to Daily Racing Form.
“No one that knows the facts of the case or knows Steve thinks he or any of his assistants gave lidocaine to the horse,” said Moss. “This is not a case of Steve having too many horses or too many divisions. This did not happen.”
Moss added that the Racing Medication and Testing Consortium said zero tolerance on metabolites such as lidocaine is “unworkable.” She insists blood testing would have cleared Asmussen.
“I said that if they would allow us to test the blood we would stand by the results, whatever they were,” Moss added. “That’s how sure I am it’s not lidocaine. But the commission wouldn’t produce the blood. It’s amazing that in this country they can take away your livelihood without giving you the chance to present evidence that would clear you.
“It’s like living in Russia,” Moss continued. “There’s an old saying that President Obama used when he was in Russia recently: ‘Governments that serve their own people survive and thrive. Governments that serve their own power do not.’”
Asmussen has a lengthy list of rules violations during his career, including a number of medication infractions. He served a six-month suspension in late 2006 and early 2007 for a positive test for mepivacaine in Louisiana.
Asmussen won the Eclipse Award as outstanding North American trainer of 2008, when Curlin got the second of his two Horse of the Year titles. He took over the training of the star filly Rachel Alexandra just prior to her victory over colts in the Preakness Stakes earlier this year. He is currently leading the national training standings by money won, with $10.8 million through July 16, nearly $4.4 million more than his closest competitor.
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Tags: asmussen, association of racing commissioners international, lidocaine, maggi moss, mepivacaine, Paulick Report, racing medication and testing consortium, Ray Paulick, steve asmussen, texas racing commission
Posted in Medication, People, Regulatory Issues | 27 Comments »
Wednesday, July 8th, 2009
By Ray Paulick
Saturday’s Summit of Speed at Calder Race Course near Miami has attracted some of racing’s most successful trainers, including multiple Eclipse Award winners Todd Pletcher and Bob Baffert. But there’s another name on the program, that of Kirk Ziadie, who has become increasingly familiar to South Florida racing fans and horseplayers who wager on the long Calder meeting.
Some people may in fact be wondering why Ziadie is allowed to start four horses in Saturday’s rich stakes program after being handed a 60-day suspension last month by the Florida Department of Business Regulations Division of Pari-Mutuel Wagering following his 13th medication violation in Florida since 2004. (Click here to see the evidence in the case and the ruling against Ziadie for an Acepromazine positive in a horse that won at Gulfstream Park on March 17, 2007.)
Ziadie, 40, is the son of Ralph Ziadie, a Jamaican of Lebanese descent who came to the United States in the late 1970s and, after a few years of running a restaurant and selling cars, has been a fixture on the Miami racing scene. Kirk eventually went to work for his father before taking out his trainer’s license in 2003 and going out on his own. According to an article in a Jamaican newspaper, the two men have not been particularly close.
Like his father, who has won numerous training titles at Calder and is a member of the track’s Hall of Fame, Kirk Ziadie has been very successful at saddling winners. He won his first training title at Calder during the 2006-07 Tropical at Calder meeting where an astounding 53% of his starters were winners. He was leading trainer at Tampa Bay Downs the previous year with a strike rate of 31%.
 But Ziadie (pictured, left) has also compiled a prodigious list of rules violations. Here is what the Association of Racing Commissioners International has on Kirk Ziadie in its database—30 rulings from five states since 2004, most of the fines and suspensions for medication violations (and that doesn’t include the most recent ruling, the 60-day suspension, against him):
________________________________________
Ruling Number: 426000 Date: 3/25/2009
Issued By: Florida Division of Pari-Mutuel Wagering Facility: Unknown
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: 5/2/2009 Suspension End: None
Description: 320-Tampa Bay Downs, Inc. Horse: MIKE’S CLASSIC Drug: Clenbuterol (In Urine 4.5 ng/mL - In Serum 250 pg/mL) Sample # 426000 Lab # A294065-HB and A294065-HU
________________________________________
Ruling Number: 421937 Date: 9/11/2008
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 1000 Fine Paid: Not Submitted
Suspension Start: 11/14/2008 Suspension End: 11/28/2008
Description: 325-Calder Race Course Horse: R SALTY VET Drug: Phenylbutazone Sample # 421937 Lab # A236124-HB HEARING DATE 11/14/2008 FINED $1000.00 AND OCCUPATIONAL LICENSE SUSPENDED FOR 15 DAYS: 12/2 through and including 12/16/2008.
________________________________________
Ruling Number: 08082 Date: 8/20/2008
Issued By: Minnesota Racing Commission Facility: CANTERBURY PARK
Ruling Type: Positive Drug Test
Division: Horse Breed: Thoroughbred
Drug(s): Dimethylsulfoxide
Fine Amount: $ 200 Fine Paid: Yes
Suspension Start: None Suspension End: None
Description: Trainer Kirk M Ziadie, having responded is hereby assessed a civil penalty of $200 for a medication violation "Dimethylsulfoxide" (DMSO) found in the sample E77027 taken from the horse "Fireonthewire" following the fifth race at Canterbury Park on August 2, 2008. MS 240.24 MRC Rule 7890.0100 Subp. 13C; 7890.0110 Subp. 1.
________________________________________
Ruling Number: 70-2008 DE Date: 8/6/2008
Issued By: Delaware Racing Commission Facility: DELAWARE PARK
Ruling Type: General Rulings
Division: Horse Breed: Thoroughbred
Drug(s): Unknown
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: None Suspension End: None
Description: 70-2008 Trainer Kirk Ziadie, DOb 8/22/68, having waived his right to a hearing, is fined the sum of five hundred ($500.00) dollars for entering the horse "STEELIX", which was on the Vets List at Saratoga, necessistating a scratch from the eighth race at Delaware Park on Sunday, July 27, 2008. Refer to D.T.R.C Rules 3.4; and 10.8.1.2. Fine to be paid within 48 hours. Ruling 70-2008
________________________________________
Ruling Number: 408209 Date: 6/14/2008
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 1000 Fine Paid: Not Submitted
Suspension Start: 11/14/2008 Suspension End: 11/28/2008
Description: 325-Calder Race Course Horse: CENZONTLE Drug: Oxyphenbutazone Sample # 408209 Lab # A217496-HB HEARING DATE 11/14/08 FINED $1000 3rd offense within calendar year
________________________________________
Ruling Number: 408219 Date: 6/14/2008
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 1000 Fine Paid: Not Submitted
Suspension Start: 11/14/2008 Suspension End: 11/28/2008
Description: 325-Calder Race Course Horse: ROMAGNOLA Drug: Oxyphenbtazone Sample # 408219 Lab # A217503-HB HEARING DATE 11/14/2008 FINED $1000.00
________________________________________
Ruling Number: 2008010 Date: 6/12/2008
Issued By: Virginia Racing Commission Facility: COLONIAL DOWNS
Ruling Type: General Rulings
Division: Horse Breed: Thoroughbred
Drug(s):
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: None Suspension End: None
Description: Having waived his right to legal counsel and a hearing is hereby assessed a fine of $500 for scratching the horse, "BROAD SWORD" from the Seventh race on Tueaday, June 10, 2008 without an excuse satisfactory to the Stewards (the horse ran on June 8, 2008 at Delaware Park). Fine to be paid within 72 hours.
________________________________________
Ruling Number: 23-2008 Date: 6/3/2008
Issued By: Delaware Racing Commission Facility: DELAWARE PARK
Ruling Type: Failure to Complete Interim License Procedure
Division: Horse Breed: Thoroughbred
Drug(s): Unknown
Fine Amount: $ 500 Fine Paid: Yes
Suspension Start: None Suspension End: None
Description: 23-2008 TRAINER KIRK ZIADIE, DOB 8/22/68, HAVING WAIVED HIS RIGHT TO A HEARING, IS FINED THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FOR FAILING TO SECURE A CURRENT LICENSE AND FAILING TO HAVE WORKMEN’S COMPENSATION ON FILE WITH THE DELAWARE THOROUGHBRED RACING COMMISSION LICENSING OFFICE, NECESSITATING A SCRATCH ON THE HORSE "NAV QUATORZE" IN THE FOURTH RACE ON SATURDAY, MAY 17, 2008. REFER TO D.R.C RULES 7.1.1, 7.3.3, AND 3.4. FINE TO BE PAID WITHIN 48 HOURS. RULING 23-2008
________________________________________
Ruling Number: 405268 2008004736 Date: 1/5/2008
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Phenylbutazone
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: 1/26/2008 Suspension End: None
Description: 321-Gulfstream Park Horse: FOREIGN RUCKUS Drug: Phenylbutazone Sample # 405268 Lab # A174623-HB Ruling #2008004736 Fine $500.00 Paid 1/27/08 Check #2325 (Total payment $750.00 for Case / Ruling # #2008 00 5198 [Ruling #2008004736], Fine $500.00 and 2007 06 8121 [Ruling #2008004547], Fine $250.00)
________________________________________
Ruling Number: 401327 2007 06 8121 Date: 12/2/2007
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 1/25/2008 Suspension End: None
Description: Bute Overage 323-Tropical At Calder Race Course Sample 401327 Lab# A168394-HU Fine $250 Trainer Kirk Ziaidie, Ruling #2007 06 8121
________________________________________
Ruling Number: 401327 2008004547 Date: 12/2/2007
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Phenylbutazone
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 1/25/2008 Suspension End: None
Description: 323-Tropical Park, Inc Horse: REGAL GLORY Drug: Phenylbutazone Sample # 401327 Lab # A168394-HB Ruling #2008004547 Fine $250.00 Paid 1/27/08 Check #2325 (Total payment $750.00 for Case / Ruling # #2008 00 5198 [Ruling #2008004736], Fine $500.00 and 2007 06 8121 [Ruling #2008004547], Fine $250.00)
________________________________________
Ruling Number: 195855 Date: 10/25/2007
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 300 Fine Paid: Not Submitted
Suspension Start: 11/23/2008 Suspension End: 11/28/2008
Description: 323-Tropical Park, Inc @ 325-Calder Race Course Horse: HOLIDAY MOMENT Drug: Clenbuterol Sample # 195855 Lab # A15973-HU Report of Positive Results delivered to the Board of Stewards for possible administrative action on November 16, 2007. HEARING HELD 11/14/08 DID NOT DISPUTE LABORATORY FINDINGS WILL COMPLY WITH THE DECISION OF THE BOARD OF STEWARDS. FINED $300.00 1/20/09 Fine remains unpaid.
________________________________________
Ruling Number: 320000964 Date: 3/11/2007
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 3/24/2007 Suspension End: None
Description: 320-Tampa Bay Downs Expired coggins at race time JS Ruling #320-000964 Fine $250.00 Paid on 04/13/07 Ck # 094554
________________________________________
Ruling Number: 191546 320000949 Date: 1/6/2007
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Clenbuterol
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 3/3/2007 Suspension End: None
Description: 320-Tampa Bay Downs Horse: STEELIX Drug: Clenbuterol Sample #191546 Lab #A094103-HU Ruling No. 320-000949 dated 3/3/07. Fine $250.00. Fine paid 3/13/07 with ck#1441.
________________________________________
Ruling Number: 188427 323000649 Date: 11/26/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Phenylbutazone
Fine Amount: $ 1000 Fine Paid: Not Submitted
Suspension Start: 3/23/2007 Suspension End: 4/12/2007
Description: 323-Tropical Park, Inc Horse: PARADISE DANCER Drug: Phenylbutazone Sample #188427 Lab #A085564-HB 04/13/07 Rec’d Ruling # 323-000649 dated 03/28/07, fine of $100.00 Pd 04/12/07.
________________________________________
Ruling Number: 187661 Date: 10/15/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Phenylbutazone
Fine Amount: $ 1000 Fine Paid: Not Submitted
Suspension Start: 11/16/2006 Suspension End: 12/26/2006
Description: 325-Calder Race Course Horse: RGIRLDOESN’TBLUFF Drug: Phenylbutazone Sample #187661 Lab #A075986-HB Rec’d Ruling # 325-000939 dated 11/19/06 fine $1,000.00 Pd 12/26/06.
________________________________________
Ruling Number: 185092 320000916 Date: 3/18/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Oxyphenbutazone Phenylbutazone
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: 4/22/2006 Suspension End: None
Description: 320-Tampa Bay Downs Horse: RED HEAD CHAMP Drug: Phenylbutazone / Oxyphenbutazone Sample #185092 Lab #A028872-HB Ruling No. 320.000916 dated 4/26/06. Fine $500.00. Fine paid 5/6/06 with check number 232.
________________________________________
Ruling Number: 320000908 Date: 3/9/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 3/19/2006 Suspension End: None
Description: 320-Tampa Bay Downs Late Scratch: (No Offical Foal Certificate) JS Ruling #320-000908 Fine $250.00 Paid 4/1/06, Ck #060931
________________________________________
Ruling Number: 184323 320000896 Date: 1/30/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 3/2/2006 Suspension End: None
Description: 320-Tampa Bay Downs Horse: KING DREAMER Drug: Dimethyl Sulfoxide Sample #184323 Lab #A015171-HU JS Ruling #320-000896 dated 3/2/06 - Fine $250.00 Paid 3/3/06, Ck #3303.
________________________________________
Ruling Number: 183059 320000895 Date: 1/15/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 100 Fine Paid: Not Submitted
Suspension Start: 3/2/2006 Suspension End: None
Description: 320-Tampa Bay Downs Horse: KING DREAMER Drug: Dimethyl Sulfoxide Sample #183059 Lab #A011618-HU JS Ruling #320-000895 dated 3/2/06. Fine $100.00. Fine Paid 3/3/06 with Ck #3303.
________________________________________
Ruling Number: 320000869 Date: 1/12/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 1/23/2006 Suspension End: None
Description: 320-Tampa Bay Downs Late Stratch JS Ruling #320-000869 Fine $250.00 Paid 2/3/06 Ck #087268
________________________________________
Ruling Number: 320000870 Date: 1/1/2006
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 1/23/2006 Suspension End: None
Description: 320-Tampa Bay Downs Late Scratch JS Ruling #320-000870 dated 1/23/06. Fine $250.00 Paid 2/3/06 Ck #087268.
________________________________________
Ruling Number: 179373 323000607 Date: 12/2/2005
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Phenylbutazone
Fine Amount: $ 250 Fine Paid: Not Submitted
Suspension Start: 1/20/2006 Suspension End: None
Description: 323-Tropical Park @ 325-Calder Race Course Inv Diana Neira Horse: FAR WEST Drug: Phenylbutazone Sample #179373 Lab #A001018-HB JS Ruling #323-000607 Fine $250.00 Pd 1/17/06 Ck. #3040
________________________________________
Ruling Number: *N*10094780 Date: 7/7/2005
Issued By: New Jersey Racing Commission Facility: MONMOUTH PARK
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 100 Fine Paid: Not Submitted
Suspension Start: None Suspension End: None
Description: FAILED TO HAVE FOAL PAPERS ON FILE.
________________________________________
Ruling Number: *N*10094102 Date: 6/23/2005
Issued By: New Jersey Racing Commission Facility: MONMOUTH PARK
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 100 Fine Paid: Not Submitted
Suspension Start: None Suspension End: None
Description: FAILED TO HAVE FOAL PAPERS ON FILE.
________________________________________
Ruling Number: 173147 325000843 Date: 5/8/2005
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Clenbuterol
Fine Amount: $ 300 Fine Paid: Not Submitted
Suspension Start: 7/24/2005 Suspension End: None
Description: 320-Tampa Bay Downs (Raced in Tampa Bay Downs but Stables Horses @ 325-Calder Race Course) Inv Dennis Badillo Horse: DON AGUSTIN Drug: Clenbuterol Cl 3 Sample 173147 Lab #25859M JS Ruling #325-000843 Fine $300.00 Paid 8/23/05, Ck #32157
________________________________________
Ruling Number: 320000840 Date: 4/22/2005
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 100 Fine Paid: Not Submitted
Suspension Start: 4/17/2005 Suspension End: None
Description: 320-Tampa Bay Downs No Foal Certificate At Race Time JS Ruling #320-000840 Fine $100.00. Fine paid 4/17/05.
________________________________________
Ruling Number: 089809 323000578 Date: 12/3/2004
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 500 Fine Paid: Not Submitted
Suspension Start: 11/17/2005 Suspension End: 1/17/2006
Description: 323-Tropical Park Inc Resp Lic #701515 Inv Dennis Badillo Horse: BOLIDO Drug: Glycopyrrolate Cl Sample #089809 Lab #01072M 12/16/04, As per J. Helton all Glycopyrrolate DP have been referred to our Legal Dept. until a final determination has been made. JS Ruling #323-000578 - Fine $500.00 Paid 1/17/06, Ck #3039 - Included in this ruling is Case #2004057550
________________________________________
Ruling Number: 088845 Date: 10/14/2004
Issued By: Florida Division of Pari-Mutuel Wagering Facility: N/A
Ruling Type: Unknown
Division: Unknown Breed: Unknown
Drug(s):
Fine Amount: $ 0 Fine Paid: Not Submitted
Suspension Start: 11/17/2005 Suspension End: 1/17/2006
Description: 325-Calder Race Course Resp Lic #701515 Inv Dennis Badillo Horse: MUSICAL BEAT Drug: Glycopyrrolate Cl 3 Sampe #088845 Lab #94082L 12/07/04, As per J.Helton all Glycopyrrolate Drup Posotives have been referred to our Legal Dept. until a final determination has been made. Rec’d. J/S Ruling 323-000578 dated 11/17/05 fine $500.00 and a 15 days supension, completed 11/14-11/28. Note that the same Ruling also included case # 2004060610, sample # 089809, in which the fine and suspension applied for both violations.
________________________________________
Ruling Number: 932228 Date: 5/2/2004
Issued By: Florida Division of Pari-Mutuel Wagering Facility: Unknown
Ruling Type: Positive Drug Test
Division: Unknown Breed: Unknown
Drug(s): Flunixin
Fine Amount: $ 100 Fine Paid: Not Submitted
Suspension Start: 5/30/2004 Suspension End: None
Description: 320-Tampa Bay Downs Resp Lic #701515 Inv Nicolas Miyar Horse: BRUSHED WITH GLORY Drug: Flunixin Sample #932228 Lab #73783L Ruling #325-000676 issued by Board of Stewards at Calder Race Course on May 30, 2004; respondent fined $100.00. Fine paid June 1, 2004 by Ck. #104.
________________________________________
By my estimate, Ziadie has paid a total of $13,550 in fines for his violations, which some might equate as the cost of doing business as a horse trainer. However, some horsemen manage to get through an entire career without any fines or suspensions for breaking medication rules.
The current suspension against Ziadie is based on a positive test from March 2007. According to the ruling, at a hearing on the case (in April of 2009), Ziadie admitted to giving Acepromazine to his horses on race day to “settle them at the starting gate.” Ziadie denied giving the Class 3 drug (according to RCI guidelines) to the horse in question, although according to the ruling he admitted his accounting and stable management had been “in chaos” over a period of time. Ziadie said at the April hearing that he had hired a new accountant.
He then asked the presiding officer of the Division of Pari-Mutuel Wagering for leniency.
Seriously.
So here we have a trainer, one who has won many races, but who has more than 30 rules violations in less than six years on the job. He is being judged on a positive test for a prohibited substance from two years earlier; since that alleged infraction, he’s had several other fines and suspensions meted out against him—and he is asking for leniency.
Ziadie has also taken his case outside of racing’s regulatory system and has asked for and received a stay of the suspension from a court of appeals while he and an attorney consider an appeal to the ruling. That way, he won’t get shut out of running his horses in Saturday’s Summit of Speed at Calder.
And we wonder, “Why has racing lost its popularity and credibility?”
* * *
As a final note, I wouldn’t be writing about Kirk Ziadie and his record of rules violations if it weren’t for the persistence of a racing fan and horseplayer who brought the case to my attention when the original ruling was handed down a couple of weeks ago. I want to thank him and all the others who help keep the Paulick Report informed through our anonymous tip line about some of the things going on in Thoroughbred racing and breeding that are either ignored or underreported by the mainstream media and trade press.
Copyright © 2009, The Paulick Report
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Tags: acepromazine, association of racing commissioners international, calder, division of pari-mutuel wagering, drugs in horse racing, drugs in racing, florida department of business regulations, Kirk Ziadie, medication violations, Paulick Report, Ralph Ziadie, Ray Paulick
Posted in Horse Welfare, Medication, Regulatory Issues | 99 Comments »
Thursday, April 23rd, 2009
By Ray Paulick
There was a table-pounding moment Tuesday afternoon at the annual convention of the Association of Racing Commissioners International when Ed Martin, president of the group seen widely as a do-nothing organization, admonished its members to do something.
I felt, for the first time in over 20 years of reporting on the RCI, that it actually might have a pulse. I flashed back to the cherubic Tony Chamblin, whose primary job as longtime head of the RCI was trying to keep his own job. When he could no longer win that battle, he left behind a legacy of a civil war among regulators, one that resulted in two national organizations, RCI and the splinter group North American Pari-Mutuel Regulators Association. Racing industry veteran Lonny Powell replaced Chamblin in 2001, and in his tenure helped put Humpty Dumpty back together. Martin finished the job in 2005, when he succeeded Powell as president of RCI, and the merger of the two organizations was completed in 2006.
So, a cynic might say, we once again have just one useless national organization of regulators with no real authority, instead of two.
Martin is hoping to change that image of the RCI, but it was clear in his rising voice and pointed words that his frustrations are growing. Betting scandals and pari-mutuel pool tampering continues, Martin said, but regulators do nothing. The industry spends $35 million on drug testing to little avail, he said, but virtually nothing on wagering security, the economic foundation of the business. Regulators at the RCI convention hear proposals for how wagering security can be improved and then go home and do nothing. Tracks, he said, say they want to do their own thing but end up doing nothing.
Professional horseplayer Mike Maloney outlined ongoing problems with past-post betting and pool tampering and said regulators exacerbate the problems and suspicions about the integrity of wagering by shielding the incidents from the public. There must be transparency before you can insure integrity, Maloney said.
I had the opportunity to address the regulators at the RCI convention and tried to impress upon them that horseplayers are fed up like I’ve never seen before. I asked readers of the Paulick Report to tell me what they think should be the top priorities of state racing commissioners, and owners, breeders, trainers and horseplayers responded with legitimate and well-reasoned concerns. Foremost among them were calls for tougher enforcement of medication violations and uniform rules from one state to another, something that might not have been important 25 years ago when racing was a localized sport. Today, with interstate simulcasting accounting for nearly 90% of pari-mutuel handle, it is imperative that the rules are the same across the board: on medication, drug testing, penalties, wagering, and licensing.
There is cheating going on, and people in this industry know it, whether it’s medication violations by trainers and veterinarians who know how to game the system (and only get a slap on the wrist when they’re caught) or gamblers using off-shore account-wagering businesses that are not adequately regulated.
Your comments (all of which are being made available to RCI members) helped me convey to regulators how critically important it is for them to take serious action. If they don’t, I suggested, the federal government will.
That point was driven home earlier in the day by Keeneland president and CEO Nick Nicholson, who is also chairman of the American Horse Council and as a former U.S. Senate aide knows how Washington can work. “This particular Congress is not concerned where the problem is but they are determined that they will be part of the solution,” Nicholson said. “This Congress is going to be activist.”
Nicholson brought the Council of State Governments into play last year in hopes of creating an alternative to federal intervention, using interstate compacts, something that is common to other industries. RCI’s president, Ed Martin, also sees interstate compacts as a realistic solution to the challenge of having 38 state regulatory boards walking in lock-step with one another. But it’s going to be up to the individual state racing commissions to make a compact work.
John Mountjoy, director of policy and research for the Council of State Governments, explained to RCI members how interstate compacts work and outlined their various benefits. Among other things, Mountjoy said, interstate compacts offer a federal solution “without Washington.” Uniform rules, operations and training can be achieved through an interstate compact, he said, while allowing flexibility and state sovereignty.
Interstate compacts can’t happen overnight, he added, indicating it could take several years to have one fully operational.
This much we know. There is a crisis of confidence in this industry among the biggest stakeholders–the horseplayers who fund the economic engine with billions of dollars of bets each year. But those stakeholders wagered fewer dollars on U.S. racing in 2008 than in any year since 1998, and this year’s handle promises to be even lower.
Racing commissioners from different states have shown over time they are incapable of taking the necessary steps to address the fundamental problems. There may be a pulse at the RCI that I didn’t sense 10 years ago, and there are good people involved at RCI and many state racing commissions. However, I’m afraid that when most of the commissioners and their paid staff return home from the RCI 2009 convention, it will be business as usual and nothing significantly will change.
That will open the door to Congress and let the federal government come up with its own solution.
Copyright © 2009, The Paulick Report
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Tags: American Horse Council, association of racing commissioners international, betting scandals, council of state governments, ed martin, equine drug testing, Horse Racing, interstate compact, john mountjoy, Keeneland, lonny powell, nick nicholson, pari-mutuel regulations, pari-mutuel wagering, past-post betting, Paulick Report, racing commissioners, Ray Paulick, RCI, tony chamblin
Posted in Medication, Regulatory Issues | 21 Comments »
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