Maryland: Regulatory anarchy?

  • click above & share!
    X
  • click above & share!
    X


  • click above & share!
    X
  • click above & share!
    X

U.S. Sen. Tom Udall of New Mexico and Kentucky Congressman Ed Whitfield, sponsors of legislation that would provide federal oversight of medication rules for horse racing, don’t have to travel very far from Washington, D.C., to discover the kind of lax and often fuzzy regulations their bill is designed to end.

Recent events at Laurel Park in Maryland – just north of our nation’s capital – help define the problem horse racing has with its current regulatory structure.

This past week we learned in a hearing before the Maryland Racing Commission how a systematic breakdown in the adherence to the rules of racing – not just by a trainer and private veterinarian but by people employed by the commission – led to a horse that should have been scratched running and winning a race at Laurel Park in January. The winner was later disqualified.

Last week, in a separate hearing before the Maryland commission, a previously disqualified horse was reinstated as the winner because of a difference of opinion over what constituted a “positive” drug test.

Interestingly, the biggest beneficiaries in both rulings were the connections of Glib, a 3-year-old Maryland-bred daughter of Great Notion owned by jockey agent Gina Rosenthal’s No Guts No Glory Stable and trained by John J. Robb. Glib finished first by 4 1/2 lengths in the $100,000 Maryland Million Nursery Stakes on Oct. 1 but was subsequently placed last after a post-race urine sample was flagged as positive by Maryland’s official lab for the presence of the anti-inflammatory Naproxen.

Two months later, on Dec. 17, Glib finished second in the Maryland Juvenile Championships Stakes, also at Laurel, 1 1/4 lengths behind King and Crusader, who traveled by van on the day of the race from New York for trainer Rick Dutrow and owner James Riccio. Glib was elevated to first place after a protest led to the disqualification of King and Crusader when it was determined the horse arrived late to Laurel and was treated with the anti-bleeder medication furosemide less than two hours before the race, a violation of Maryland rules.

In separate hearings over the last 10 days, however, the disqualification of Glib from the Maryland Million was reversed, meaning his owner got to keep the $57,000 in first-place money, while the disqualification of King and Crusader was upheld, meaning No Guts No Glory got to keep the $45,000 winner’s share of the Maryland Juvenile Championship.

In ruling to reverse the Maryland Million DQ, it was determined the amount of Naproxen in the horse’s system “did not have any pharmacological effect,” Maryland Racing Commission executive director J. Michael Hopkins told the Paulick Report. Under the rules, Hopkins said, stewards “may” disqualify a horse that tests positive for a prohibited drug.  Those rules also mean stewards “may not” disqualify, which in this case they decided not to do.

Robb, however, was fined $500 for the positive test.

Alan Foreman, who represented the connections of Glib, said the “new” director at Maryland’s test lab (he was hired in 2006) changed the protocol for calling positives for Naproxen, using urine instead of blood plasma, which Foreman said was an industry “best practice.”

Foreman, incidentally, does not see any conflict of interest in his role as general counsel for the Maryland Thoroughbred Horsemen’s Association while also practicing private law and representing one MTHA member against another.

“There is no conflict, and it’s been discussed and confronted for years, probably since 1983,” said Foreman. “When I represent MTHA I represent them on matters of interest to them. On individual matters, the MTHA is not involved.”

Foreman also represented Glib’s connections in the Maryland Juvenile Championship controversy, in which it came to light that state veterinarian Dr. David Zipf apparently was either unaware of or knowingly had not been following Maryland regulations on the administration of furosemide.

According to testimony, Dutrow called the Laurel stakes coordinator and Zipf to inform them of a traffic tie-up on I-95 that meant King and Crusader would be late to arrive at the track. According to testimony, Dutrow asked about the rules pertaining to a furosemide shot. “I did explain to (Dutrow) that we didn’t have specific rules but we did have recommended procedures,” Zipf told Joseph Poag, a Maryland Racing Commission investigator.

However, the rules of Maryland racing (below) seem quite specific:

Race Day Administration of Lasix.
(1) A horse scheduled to race that is permitted to use Lasix shall be administered Lasix by a veterinarian licensed by the Commission before the running of the race unless, under §G of this regulation, the horse has been declared off of Lasix by its owner or trainer.
(2) Post-Race Quantitation. As indicated by post-race quantitation, a horse may not carry in its body at the time of the running of a race more than 100 nanograms of Lasix per milliliter of plasma.
(3) Reports.
(a) The veterinarian who administers Lasix to a horse scheduled to race shall prepare a written certification indicating:
(i) That Lasix was administered; and
(ii) If applicable, each adjunct medication that was administered.
(b) The written certification shall be in the possession of a designated Commission representative at least 1 hour before the horse is scheduled to race.
(c) The stewards or judges shall order a horse scratched if the written certification is not received in a timely manner


No Lasix report was filled out and given to a designated commission representative for King and Crusader (or, apparently, any other horse in the race). In fact, during testimony, Zipf admitted that because of a manpower shortage the reports are no longer completed and handed in, as required under Maryland racing rules. Zipf said Hopkins told him to “do the best we can.”

Brian Delp, the veterinarian who treated King and Crusader, said it is not unusual for horses to arrive late and be given furosemide after the two-hour cutoff. “I didn’t give it a second thought,” Delp was quoted by the Baltimore Sun as saying. “I know horses have arrived late, been treated and allowed to race without repercussions … I wasn’t in violation in my mind.”

Drew Mollica, the former jockey agent turned attorney who represented King and Crusader’s owner, wrote in his brief to the commission, “This statement alone is indicative of the complete regulatory anarchy that reigns on the backstretch at Laurel Park and all racetracks under the control of the Maryland Jockey Club on a daily basis.”

But the racing commission members voted to uphold the disqualification of King and Crusader. Hopkins denied to the Paulick Report that it was “selective enforcement” of the Lasix rule, adding that he was unaware Lasix reports were no longer being used.

“This case was brought to our attention, and we addressed it,” said Hopkins. “This was the first time it’s come up. I was under the impression the (Lasix report) program was in place. That one got by them. When this happened, I met with the stewards and with my vet to implement a program to prevent this from happening again.”

Mollica said Dutrow is being treated like a “human piñata” by racing commissions but should not be “utilized as a scapegoat for the foibles of the racing officials and those under their direct supervision on duty at Laurel Park on the date in question, and at other times.” Mollica said racing officials facilitated the breach of the furosemide administration rules through a “comedy of errors” that included not even having a record as to when King and Crusader arrived in the track’s stable area.

“The conduct of racing regulation at Laurel Park on at least Dec. 17, 2011, if not at all other times, was akin to that on a pirate ship and, while Mr. Dutrow may be suitably designated as a deckhand, the troika of captains and duly licensed subordinates of this wayward vessel are fully and completely responsible for the mayhem that resulted in the hours immediately prior to and following the race in question.”

Click here to read the hearing brief on behalf of James Riccio before the Maryland Racing Commission.

New to the Paulick Report? Click here to sign up for our daily email newsletter to keep up on this and other stories happening in the Thoroughbred industry
  • Meyer1127

    HERE COMES DA JUDGE.
    You ain’t seen nothing yet til the Fereal Government Takes over Thoroughbred Racing.
    Look at the Horse Protection Act they regulate.
    If those folks had just cleaned up their act within the breed Assoc.They would have been left alone.No they had to keep on keeping on and to this day are still trying to finds ways to get around the regulations.Didn’t really stop the practice intended just made the trainers find different methods that didn’t leave visable evidence.Evidentually the Government will shut them down completely.

  • Meyer1127

    HERE COMES DA JUDGE.
    You ain’t seen nothing yet til the Fereal Government Takes over Thoroughbred Racing.
    Look at the Horse Protection Act they regulate.
    If those folks had just cleaned up their act within the breed Assoc.They would have been left alone.No they had to keep on keeping on and to this day are still trying to finds ways to get around the regulations.Didn’t really stop the practice intended just made the trainers find different methods that didn’t leave visable evidence.Evidentually the Government will shut them down completely.

  • Bustin Roos

    Maryland Racing Commissioners own and race horses in Maryland. Until these individuals are removed these questionable decisions will continue to occur.  Please Governor O’Malley stop the cronyism.

    • stillriledup

       You’re asking a politician to ‘do right’ by the public at large instead of special interest groups or his cronies?

      As far as the ‘questionable decisions’ go, if they like you, they let your transgression slide, if they don’t like you, they’ll hand out punishment.

      That’s kinda how life works.

    • Patjmagill

      The Md Racing Commission, the MTHA, AND track officials are all made up of horsemen, and friends of horsemen, and yet not one of them contacted the owner or trainer of a filly named Quicketta, that was killed at Laurel due to negligence on the part of the track and its staff. She was impaled by the rail because the gap was left open, even though the warning lights were on. Track procedures really need review, if this sort of thing can happen, and nothing is done to prevent its reoccurence.    

  • Bustin Roos

    Maryland Racing Commissioners own and race horses in Maryland. Until these individuals are removed these questionable decisions will continue to occur.  Please Governor O’Malley stop the cronyism.

  • stillriledup

     You’re asking a politician to ‘do right’ by the public at large instead of special interest groups or his cronies?

    As far as the ‘questionable decisions’ go, if they like you, they let your transgression slide, if they don’t like you, they’ll hand out punishment.

    That’s kinda how life works.

  • http://www.winnerscirclepartners.com/ Stewart

    Regulatory Anarachy…Stable Raids.  Sensationalize much Ray?

    Article titles aside, good job collecting information on this.

    • RayPaulick

       Stewart, you’ll notice the term “regulatory anarchy” belongs to Drew Mollica, not me. Mr. Mollica laid that charge on the Maryland Racing Commission.

      • http://www.winnerscirclepartners.com/ Stewart

        I know Ray…I was just busting your balls.

    • Glenn Thompson

      The book I wrote “The Tradition of Cheating in the Sport of Kings” discusses the topic of the champion horse George Washington’s death in the Breeders Cup Classic and Monmouth Park. A top racing official at Monmouth Park violated a very important safety protocol and that led to the death of George Washington. George Washington should have been scratched the day before. The Racing Commision in NJ has still not done a formal investigation to check into these claims. So Guys, this problem is not just in Md.

  • http://www.winnerscirclepartners.com/ Stewart

    Regulatory Anarachy…Stable Raids.  Sensationalize much Ray?

    Article titles aside, good job collecting information on this.

  • RayPaulick

     Stewart, you’ll notice the term “regulatory anarchy” belongs to Drew Mollica, not me. Mr. Mollica laid that charge on the Maryland Racing Commission.

  • http://www.winnerscirclepartners.com/ Stewart

    I know Ray…I was just busting your balls.

  • SteveG

    “systematic breakdown in the adherence to the rules of racing”

    True, accent on the word “systematic.” Further, it would be a miracle of the 1st order if Maryland stood alone. It may stand tallest, at the moment, but surely not alone.

    Processes don’t become this fouled up unless they’ve been going south for an extended period of time & allowed, by repetition without correction, to do so.

    It actually takes a sort of perverse dedication to let things slide so long & it’s folly for those “in charge” to expect those on the operational front-lines to self-police & self-correct. Rather, the front-lines are the 1st ones to become demoralized in their jobs, rowing a rudderless ship. Mistakes compound. That kind of employee response to a dysfuntional workplace is a truism.

    The ironic part is that the ones at the top of the operational collapse, now charged to clean up the mess, are the ones who tacitly allowed it to develop.

  • SteveG

    “systematic breakdown in the adherence to the rules of racing”

    True, accent on the word “systematic.” Further, it would be a miracle of the 1st order if Maryland stood alone. It may stand tallest, at the moment, but surely not alone.

    Processes don’t become this fouled up unless they’ve been going south for an extended period of time & allowed, by repetition without correction, to do so.

    It actually takes a sort of perverse dedication to let things slide so long & it’s folly for those “in charge” to expect those on the operational front-lines to self-police & self-correct. Rather, the front-lines are the 1st ones to become demoralized in their jobs, rowing a rudderless ship. Mistakes compound. That kind of employee response to a dysfuntional workplace is a truism.

    The ironic part is that the ones at the top of the operational collapse, now charged to clean up the mess, are the ones who tacitly allowed it to develop.

  • Kid Benny

    So, Glib had a drug positive according to the standards in place at the time of his race/testing.  The stewards get the positive result and DQ the horse. The DQ is appealed to the MRC. The MRC reverses the DQ by saying that the way the chemist detects Naproxen in testing isn’t the best way to measure a positive. However, the methods used by the chemist were the standard at the time of testing and all horses were subject to the same standard. I can see the MRC saying that the testing method should be changed going forward BUT I cannot fathom how they can change the standard that applied to everyone in the midst of an appeal. In the Glib case, the MRC seems to say that the rules in place regarding testing are poor and we , the MRC, are going to ignore the rules in place. In the Dutrow case, the MRC says the rules in place need an overhaul but we have to follow the rules in place at the time of the Dutrow case. Wow -if that doesn’t raise concern , then nothing does.

    One big question needs to be addressed – If Alan Foreman argued that the way the chemist tests for Naproxen is not the best industry practice , then why didn’t he ever challenge the method in his role as General Counsel for the MTHA ????? Why did he wait to be hired by a private client to challenge the method ?  He may not think he has a conflict but we are all entitled to form our own opinion. Additionally , how can it be ethical to represent one horseman AGAINST another horseman when serving as the General Counsel of the MTHA ???? Isn’t the General Counsel of the MTHA supposed to represent ALL horseman and avoid taking sides ? Again, please form your own opinion.  

    • Allynn

      alan foreman needs to b investagated…period…

    • JS

      Alan Foreman is also the Vice-Chairman of the Nation Drug Testing and Research Consortium. It must be nice to be able to help set up the rules, testing procedures and methods in to place then argue against those procedures when your private law practice takes on clients who have broken these rules.

      Of course to those involved this doesn’t seem like a conflict of interest… others may beg to differ. 

      Please someone in MD help to save the racing industry from its ruling parties.

    • Phil Schoenthal

      My understanding from sources at the hearing was that the positive was called by the chemist based on results of the urine test, not the blood.  Some drugs, like Naproxen, can be seen in the urine for almost 30 days (but the guideline is you need to stop using it 5 days before the race) whereas the blood is much more accurate and definitive.  That’s why industry “best practice” is to verify the presence/level of Naproxen in the blood not just the urine.   When the defense sent off the split sample of the blood, the outside labs peformed the “best practice” blood test and showed the level of Naproxen to be well within normal limits.  Bottom line, Glib should never have been called a positive in the first place and thus was re-instated.   

      Also, in the course of discovery, apparently the defense showed a littany of errors in the MD Drug testing process that fall well short of industry “best practice.”   

      It’s not often you hear the commission overruling a chemist/steward ruling, so I’m sure the evidence was more than compelling. 

      • RayPaulick

         If the lab is picking up 30-day traces of Naproxen isn’t it strange this was the first one called in years?

        • Kid Benny

          Excellent point Ray . I wonder if the vet’s treatment sheet or Robb’s vet bill was presented at the hearing. That would tell us exactly when the Naproxen was administered and whether it was given within the recommended withdrawl window.

          • Cynthia McGinnes

            Both John Robb and his vet testified at the hearing that Glib last had Naproxen one day more than the days required to be within the recommended withdrawal window….”just to be safe”.

            The reason the result was overturned is because the defense showed that the  protocol for NSAID testing in Maryland under the previous chemist/lab WAS to use the “best practice” and check the blood plasma for the level…[under 1 milliliter is considered to be a non-therapeutic result]- and the reason that this positive is the first one called in years is because it NEVER would have been called under the previous chemist.

             The problem is that this protocol that was being used for years was never actually specified in the wording of the MD rulebook.  When the new chemist took over, the executive director never CHECKED to see if he was following the established protocol…so the MD lab protocol was changed  for Glib’s race….and the Commission reversed the ruling because it was THIS race that had been operating under a new protocol that had not been approved by the Commission. The new chemist also submitted a very late blood plasma test marked for  informational purposes only, [and there was some question that it may have been fabricated}.

             There was a letter from the previous MD chemist, plus testimony from Dr. Mahlen who does the NYRA testing and knew the previous chemist's protocol, that Glib would NEVER have been called positive under previous MD testing. The  defense was able to show that it was the new chemist's sloppy testing and change from previous MD protocol that caused the DQ, and it was this unauthorized change that allowed the DQ to be overturned. The new MD chemist also said that Glib's urine sample showed a high dose of Naproxen, yet the second sample sent to New York showed the very small level.

            You had to be there and hear all the testimony to understand that it was the correct decision. It was the new chemist/lab who changed the protocol, and the executive director who failed to make sure that the previous protocol which had been used by the former chemist/lab was being used by the new lab, that caused the trouble. The result was determined (and DQ overturned) by using the protocol that had been in place for years and should have been used  for this race.

            The reason John Robb was given a $500 fine is because the Md rules had not been literally changed to reflect the "best practice" protocol that was being used for many years.[ Tom Amoss received a similar penalty and no DQ in a recent ruling in LA for just the same reason.]

            This is why I am hoping that the MD rules will be updated to actually reflect the 21st century testing procedures that the MD chemist had been using for years (except for this latest chemist who really should be replaced). You can see why the hearings were so complicated..there was a great deal of testimony from experts from other states, and showing how the testing formerly used for years in MD had been allowed to lapse….and the executive director, whose job it is to bring potential problems to the Commission’s attention, was not only not minding the store, he didn’t even know what was in the store!!

            I would recommend that Ray actually read all the testimony in both hearings if he wants to get a clear picture.[ I just read this post again and wonder if anyone can even understand it! ]Basically, it should say that the MD chemists for years had been using a protocol of “best practice” that had not been updated in the wording of the MD rules, and the new chemist never bothered to find out what protocol the previous chemist was using, and was sloppy besides …hopefully, this will now all,be corrected!!!!!

          • Kid Benny

            Can anyone with specific knowledge answer the following question – “Is Naproxen allowed at any level on race day in Maryland ?” Is it a no tolerance drug or is there a permitted threshold ? As Cynthia points out , the split that was sent to New york showed a “very small level.” If it is no tolerance, then shouldn’t even a “very small level” be a positive ? If Naproxen is no tolerance and the connections of Glib had confidence in the testing protocol/procedures of the New York lab and that lab reported a “very small level” then I have to conclude that it is a positive. I still can’t understand how John Robb can be fined for a positive if there was no positive.

            Additionally, if the rationale for reversing the DQ was based on improper procedures and protocol by the MD chemist, then shouldn’t the same standard be applied in the Dutrow case ? In the Dutrow case there was an abundance of procedural/policy errors. Don’t the connections of King and Crusader deserve to be judged by the same standards ? King and Crusader arrived late, was treated with Lasix late, allowed to race and won. He was not over on Lasix. Consistency is a MUST when issuing a decision regarding the stiff penalty of a DQ. If poor policy/procedures is enough to overturn the Glib DQ then it must be the same in the Dutrow case.  Horseman cannot permit or accept a different standard to be applied based on the personality of the defendants.

            Finally, Maryland horsemen need to decide whether they are comfortable with the General Counsel of the MTHA being allowed to represent the interests of one member to the detriment of another member. I, as just one MD horseman, am not at all ok with the General Counsel of the MTHA participating in cases that involve multiple MTHA members that are on the opposite sides of an issue.  I would like to know if organizations/non-profits that are similar to the MTHA would allow such representation. I think the MTHA should either 1) ask its members for input on the General Counsel conflict issue and act accordingly and/or 2) seek an opinion from the Attorney General of Maryland on whether a conflict exists . Just my 2 cents.

          • Cynthia McGinnes

            The key words that have been added to the NY racing rules, and other Mid-Atlantic states, are that amounts of NSAIDS ”without any therapeutic effect” ..[.effectively less than 1 milliliter]…will not constitute a positive.This amount can best be determined by testing the blood plasma. PA doesn’t even test the urine anymore, only the plasma. The problem arose in MD because the  previous chemist was USING this protocol for testing for years, although the MD rules had not actually been REWRITTEN to include blood plasma testing  and the low permissible level that had “no therapeutic effect”. So the Commission made the decision on the protocol that had been used for years, although technically trainer Robb was penalized for a positive as the rules had not been rewritten. They just mitigated the penalty ( as the Commission just did in Louisiana for Tom Amoss in a similar situation). This would be like a judge declaring someone guilty, but giving them community service as their sentence rather than jail time due to mitigating circumstances.

            The Dutrow case was decided under the trainer responsibility rule. Regardless of the fact that the MD people messed up by not scratching the horse, Dutrow knew that the horse could not race after receiving Lasix only one hour before the race.  He should have scratched the horse, not waited for someone else to do it. This would be like cashing a tax refund check from the IRS for $1 million dollars…you know someone made a mistake and they are not going to let you keep the money!

            Trainer Dutrow knew, and doesn’t dispute that fact, that King and Crusader received Lasix too close to the race…under the trainer’s absolute responsibility he should have scratched him.

            As far as the MTHA is concerned, I agree that they should have been the FIRST ones to ask that the MD racing rules  be updated, and it is to their shame that it has taken this long to get them rewritten.

            I am primarily a breeder and only race a very occasional filly. With tongue firmly in cheek, I think it is also shameful that it is a BREEDER who has to put up the money to bring this mess in the MD racing rules to light..[especially since the MTHA tramples all over the Md Horse Breeders every chance that they get!]

          • Bustin Roos

            Pennsylvania tests the urine as well as blood.  Urine for active ingredients and metabolites.   I am sorry you are paying Alan Foreman’s bills  will you be reimbursed from the horse’s earnings? 

          • Cynthia McGinnes

            I will not be reimbursed from the horses earnings. I put up this money for legal fees freely to bring the problems in MD into the light of day and hopefully get them fixed. According to sworn testimony by the PA chemist at the hearing, PA does not test urine anymore for NSAIDs,only the blood plasma. If such is not the case, then the chemist perjured himself.

            Alan Foreman’s legal work was brilliant…it was a privilege to watch him make his case, and his research left no stone unturned. He was worth every penny, and I do not know of any attorney in the country as well versed in horse industry medication issues.

          • Harry Kassap

            Ms. McGinnes – I am hopeful that the MTHA and MHBA can work together for the best interests of MD racing.Thank you for efforts to make this happen – We will continue to push on the MTHA end of things for a closer working relationship.

          • Bustin Roos

            The medication was given orally.  The bottle was dispensed.

        • Phil Schoenthal

          Maybe we are not explaining clearly. Urine alone is inaccurate, it has to be validated by the blood. If the blood doesn’t validate the urine then it is a faulty reading on the urine. All the MD chemist did was check the urine, so he had no right to call the positive.

          • Birdy1031

            As a lab technician who performs drug tests this is absolutely correct. Big difference between metabolites and active metabolites. Maryland got it right, just in a bumbling fashion.

          • http://www.winnerscirclepartners.com/ Stewart

            Phil,

            You are explaining it VERY clearly and I appreciate your posts.  People such as Ray are either not taking the time to read all information provided or are out of touch in general with testing procedures (not just in racing but in general).  It is much easier to claim corruption than to take the time to actually learn what you are posting about.

      • Kid Benny

        I don’t have the technical knowledge to know what is the “best practice” as far as testing is concerned.  I have no reason to doubt the argument that the testing in the Glib was less than “best practice.” However, the testing in place at the time was the same for ALL horses.  If the testing is lacking, then the MRC should move to improve it going forward. I don’t see how the MRC can change the standard that applied at the time of the positive test to a new standard in the midst of an appeal. All horsemen were subjected to the same testing procedures in Maryland.  Here, the MRC changes the standard retroactively. Let me be clear, I am all in favor of using “best practices” and the most stringent testing procedures.

        If this should not have been called a positive in the first place, then why did the MRC fine John Robb ? By fining Robb, the MRC apparently concedes that this WAS a positive according to the standards in place at the tme of testing. If this was a positive, then “best practices” would dictate that a horse that tests positive should be disqualified. Historically, a positive for Naproxen  equaled a DQ.  Yes, the MRC has the discretion to overturn the Stewards and rescind the DQ, as was done in the Glib case. This sets a very dangerous precedent. If arguments that best industry practices were not utilized are going to be successful in overturning a DQ for positives, then I can’t see how the MRC can uphold any DQ for a positive in which it can be shown that industry best practices were not utilized.  Equal protection mandates that all similarly situated must be treated the same. Let us remember, our industry is worldwide and the best industry practices may be in Hong Kong or Germany or elsewhere. I highly doubt that we can ever meet the best industry practices that are utilized in foreign jurisdictions but they are part of our industry. If the standard to overturn a DQ for positives is best industry practice , then I suggest anyone facing a DQ for a positive immediately appeal to the MRC .  I am certain any defendant can find an industry practice or procedure that is a best industry practice that is not being utilized in Maryland. Now, the precedent set in the Glib case says that any subsequent defendant that can show that industry best practices were not used, must have their DQ reversed.

        • phil

          It was not a matter of just arguing best practices were not used, do you understand the split sample came back negative?

          Since the split sample came back negative, they were able to persuade the commission that the split sample was the accurate because it’s results were obtained using best practices whereas the original positive test was not.

          Had the split sample come back positive the defense could not have won the case.

          • Bustin Roos

            Cynthia posted the split was positive

          • Cynthia McGinnes

            The split revealed a level of Naproxen that was below 1 milliliter and had no therapeutic effect. This would be considered negative for reporting purposes because of the trace level. I should not have used the word positive, as it showed only this trace level….as Commissioner McDaniel said, this would be the equivalent of taking an Aleve on Tuesday and expecting it to cure your headache on Sunday.

          • Mylilsecret30

            obviously the md chemist wasnt following proper protocol in testing….after two renouned and very knowledgeable chemists testified that there is no way they would have called it a positive and no other jurisdiction such as w.v ,va,n.y,n.j,p.a, would have either…..people need to get it right…..md is a zero tolerance state….but within the labs themselves they have their own thresholds…less than 1 microgram is pretty much universally followed when determining what actually constitutes a positve test…glibs was less than 1…way less….further more the previous chemist that was in maryland for 20 yrs or so also had written testimony that the current chemist called it incorrectly and that he wouldn have in no way called glibs test a positive test….what alan foreman did was save everyone elses ass in the future…and cynthia mcginnes

        • phil

          Mrs. McGinnes just typed a long response answering your question about the fine to Jerry Robb but for some reason her response is deleted now or been removed.

          • Cynthia McGinnes

            I think my comment is still there,Phil, just above the Kid Benny post due to the way it was put under “reply”.If you scroll up, not down, you will find it.

      • Bustin Roos

        Maryland has no written guidelines as to drug withdrawl times.  Please give your references for the 30 days.

  • Kid Benny

    So, Glib had a drug positive according to the standards in place at the time of his race/testing.  The stewards get the positive result and DQ the horse. The DQ is appealed to the MRC. The MRC reverses the DQ by saying that the way the chemist detects Naproxen in testing isn’t the best way to measure a positive. However, the methods used by the chemist were the standard at the time of testing and all horses were subject to the same standard. I can see the MRC saying that the testing method should be changed going forward BUT I cannot fathom how they can change the standard that applied to everyone in the midst of an appeal. In the Glib case, the MRC seems to say that the rules in place regarding testing are poor and we , the MRC, are going to ignore the rules in place. In the Dutrow case, the MRC says the rules in place need an overhaul but we have to follow the rules in place at the time of the Dutrow case. Wow -if that doesn’t raise concern , then nothing does.

    One big question needs to be addressed – If Alan Foreman argued that the way the chemist tests for Naproxen is not the best industry practice , then why didn’t he ever challenge the method in his role as General Counsel for the MTHA ????? Why did he wait to be hired by a private client to challenge the method ?  He may not think he has a conflict but we are all entitled to form our own opinion. Additionally , how can it be ethical to represent one horseman AGAINST another horseman when serving as the General Counsel of the MTHA ???? Isn’t the General Counsel of the MTHA supposed to represent ALL horseman and avoid taking sides ? Again, please form your own opinion.  

  • Harry Buchanan

    Maryland horse racing has been running on FUMES since Stronach has become owner. Chaos has been running rapid from top down. Nothing excuses the sad way rules have been broken especially with the Stewards and Maryland Racing Commission. You would think the CEO would be monitoring such ridiculous rule violations???? It is time to clean house in every sense of the word in every department. Governor its time to put responsible people on the racing commission.

  • Harry Buchanan

    Maryland horse racing has been running on FUMES since Stronach has become owner. Chaos has been running rapid from top down. Nothing excuses the sad way rules have been broken especially with the Stewards and Maryland Racing Commission. You would think the CEO would be monitoring such ridiculous rule violations???? It is time to clean house in every sense of the word in every department. Governor its time to put responsible people on the racing commission.

  • Janfis

    I thought steroids were not alloed but I also understand that they do not test for them.

    • AngelaFromAbilene

      What’s your point? Naproxin [Aleve] is an NSAID[Non-Steroidal Anti-Inflamitory]

  • Janfis

    I thought steroids were not alloed but I also understand that they do not test for them.

  • Whitehouse landlord

    Once again, the government inserts nose where it has no business, screws up, has to police itself which is an utterly impossible task, looks at every situation thru the wrong end of the telescope, then requires the insertion of more government to correct the supposed wrong.  Classic government overgrowth.  Time and time again at every level.  Government is not the answer.  Those who rely on it are doomed to its manacles.  Government will suck dry whatever it attaches to because IT IS parasitic and paralytic.

    • Suek596

      They are talking about the MRC … not local politicians.  MRC has the conflict, not govt.

    • free reign

      As for most owners and trainers, we would not exist without regulations. Naturally the trainer with most access to undetectable drugs and treatments would put the rest out of business, and destroy the legitimacy of the numbers that drive breeding decisions.
      No offense, but America is a democracy. Ask yourself if it is actually your government, representing your interests, before you wish to dismantle your only representation and protections.
      As for Maryland racing. With or without Stronach, Maryland racing is awesome. It merely took Tony’s position in dealing with Ricky, and the right path with Glib regardless of owner, or trainer. It IS a tight-knit family which will bw subjected to public scrutiny, and eventually national oversite, not because of inability to perscribe justice, but because of the need for national standards. 

  • Whitehouse landlord

    Once again, the government inserts nose where it has no business, screws up, has to police itself which is an utterly impossible task, looks at every situation thru the wrong end of the telescope, then requires the insertion of more government to correct the supposed wrong.  Classic government overgrowth.  Time and time again at every level.  Government is not the answer.  Those who rely on it are doomed to its manacles.  Government will suck dry whatever it attaches to because IT IS parasitic and paralytic.

  • http://twitter.com/BigSkyEquine SaratogaSid

    Hi Ray,
    Let’s see, why not ban Lasix altogether everywhere in America to avoid unsavory doping issues like this? 
    As well, remember that horses running on Lasix break down approximately 4X more than clean-running runners. Raceday medications weaken horses, alter electrolytes, impair metabolism, and are considered doping agents by competitive athletic organizations worldwide. Raceday drugging is not fair to horses or horseplayers. It is no coincidence that there have been no Triple Crown winners since they started legally injecting champions hours before they run in the Classic races.
    The time has come to ban raceday drugs in racehorses. It seems everyone is on board and moving forward to rescind the use of drugs on raceday, excepting the trainer groups and veterinary associations, the very same folks who three decades back ushered in raceday drug use, and at the subsequent expense of equine welfare, as we now know. Their results of drugging horses on raceday have not been pretty. 
    Clean running is the safest running, and clean running will allow the best horses to emerge, endure, and prevail.
    Regards, SaratogaSid 

    • http://www.winnerscirclepartners.com/ Stewart

      Sid,

      I assume you already know this but your 4X lasix breakdown statistic is not valid.  Throwing a bunch of varying statistics together and drawing conclusions is at the very least invalid if not dishonest.

  • http://twitter.com/BigSkyEquine SaratogaSid

    Hi Ray,
    Let’s see, why not ban Lasix altogether everywhere in America to avoid unsavory doping issues like this? 
    As well, remember that horses running on Lasix break down approximately 4X more than clean-running runners. Raceday medications weaken horses, alter electrolytes, impair metabolism, and are considered doping agents by competitive athletic organizations worldwide. Raceday drugging is not fair to horses or horseplayers. It is no coincidence that there have been no Triple Crown winners since they started legally injecting champions hours before they run in the Classic races.
    The time has come to ban raceday drugs in racehorses. It seems everyone is on board and moving forward to rescind the use of drugs on raceday, excepting the trainer groups and veterinary associations, the very same folks who three decades back ushered in raceday drug use, and at the subsequent expense of equine welfare, as we now know. Their results of drugging horses on raceday have not been pretty. 
    Clean running is the safest running, and clean running will allow the best horses to emerge, endure, and prevail.
    Regards, SaratogaSid 

  • Allynn

    alan foreman needs to b investagated…period…

  • JS

    Alan Foreman is also the Vice-Chairman of the Nation Drug Testing and Research Consortium. It must be nice to be able to help set up the rules, testing procedures and methods in to place then argue against those procedures when your private law practice takes on clients who have broken these rules.

    Of course to those involved this doesn’t seem like a conflict of interest… others may beg to differ. 

    Please someone in MD help to save the racing industry from its ruling parties.

  • Cynthia McGinnes

    The Maryland Racing Commission is made up of dedicated,intelligent businessmen who donate their time to a thankless job. They depend on their executive director to anticipate problems, provide oversight and proper protocol, and run a tight ship. The current executive director has not been able to provide these services for them,unfortunately.An executive director who was doing his job could have foreseen both of these situations developing that led to these DQ’s and hearings and prevented them. 

    • http://judgebork.wordpress.com/ Lou Baranello

      Ms. McGinnes, The scenario you describe in your posting is a textbook example of how a racing commission should function.  If the commissioners are aware of the shortcomings of their executive director we can expect to read of his dismissal in the next few days.  Silence on the part of the commission will indicate acceptance of their directors’ acts and omissions.  This from someone who has been very critical of this commission and its’ stewards.  Should my criticism of the commissioners be redirected?  “Staff recommends approval” is about as close as the director gets to making a ruling and as you probably know commission rulings and those of the stewards become a matter of record and as such get publicized.

  • Cynthia McGinnes

    The Maryland Racing Commission is made up of dedicated,intelligent businessmen who donate their time to a thankless job. They depend on their executive director to anticipate problems, provide oversight and proper protocol, and run a tight ship. The current executive director has not been able to provide these services for them,unfortunately.An executive director who was doing his job could have foreseen both of these situations developing that led to these DQ’s and hearings and prevented them. 

  • Ridindirty3

    When people get sacked from the state dept. of motor vehicles……for incompetence…. they get hired by the state racing commission!

  • Ridindirty3

    When people get sacked from the state dept. of motor vehicles……for incompetence…. they get hired by the state racing commission!

  • http://www.winnerscirclepartners.com/ Stewart

    Sid,

    I assume you already know this but your 4X lasix breakdown statistic is not valid.  Throwing a bunch of varying statistics together and drawing conclusions is at the very least invalid if not dishonest.

  • nomoralcompass

    I am shocked that the state that spawned the likes of Sprio T. Agnew is still as corrupt as it was 40 years ago. Who wulda thought? 

    • http://www.winnerscirclepartners.com/ Stewart

      Ax extremely intelligent and relevant comment. 

  • nomoralcompass

    I am shocked that the state that spawned the likes of Sprio T. Agnew is still as corrupt as it was 40 years ago. Who wulda thought? 

  • http://twitter.com/BigSkyEquine SaratogaSid
  • http://twitter.com/BigSkyEquine SaratogaSid
  • http://www.winnerscirclepartners.com/ Stewart

    Ax extremely intelligent and relevant comment. 

  • AngelaFromAbilene

    What’s your point? Naproxin [Aleve] is an NSAID[Non-Steroidal Anti-Inflamitory]

  • http://judgebork.wordpress.com/ Lou Baranello

    Ms. McGinnes, The scenario you describe in your posting is a textbook example of how a racing commission should function.  If the commissioners are aware of the shortcomings of their executive director we can expect to read of his dismissal in the next few days.  Silence on the part of the commission will indicate acceptance of their directors’ acts and omissions.  This from someone who has been very critical of this commission and its’ stewards.  Should my criticism of the commissioners be redirected?  “Staff recommends approval” is about as close as the director gets to making a ruling and as you probably know commission rulings and those of the stewards become a matter of record and as such get publicized.

  • Bustin Roos

     The racing commissioners are political appointees.  They are charged with developing and enforcing the rules.  An assistant attorney general is appointed to oversee the legal aspects.  The executive director has no vote and little power. The commissioners who breed or own racehorses should not be seated.  It is a conflict of interest.

    Post-race sample of blood and urine are collected from horses finishing first and second.  The blood is drawn one hour from post time even if the urine sample is collected within 5 minutes of arrival at the test barn. Hot, excited, hungry horses are held for the extra 30-45 minutes.  This rule was made by the racing commission following bute and lasix overages on horses with direct/indirect ties to racing commissioners. It is to protect the horsemen-  not the public and with no interest in the welfare of the horse.

    If I am not mistaken Mrs. McGinnes is the breeder of Glib

    • Cynthia McGinnes

      Yes, I am the breeder of Glib, and as such, have followed these events closely. I believe that the Racing Commission should not have put so much trust  in the executive director, and that he should be asked to resign. However, the lab protocol was changed as far as NSAID testing when the new lab was hired , and the executive director never bothered to make sure that previous protocol was followed. The Md rules regarding the new testing available through blood plasma showing the amount below which there is no therapeutic effect were supposed to have been updated seven years ago…neither the executive director, the Racing Commission or the MTHA bothered to make sure that this happened, so the Md rules would be the same as New York, PA, and other neighboring states.

      The current executive director may have perjured himself when he stated that he “had no knowledge” that the Lasix slips protocol had changed, even though the chief state vet testified that the executive director told them “to do the best they can” at the time the protocol changed due to lack of manpower. After this mess with Dutrow, NOW he puts in a new protocol…why didn’t he do that the first time?

      With Glib being reinstated, we get less than $5000 in breeders awards…believe me, we have spent more than 8 times as much in legal fees….We did this to expose  the mess, and hopefully get it fixed…we have been part of the Md racing and breeding industry for 40 years, and hoped that by paying the legal fees to insure that these hearings took place, we could help to get the situation into the “sunshine” and FIX it.If I had my way, we would have a new executive director tomorrow, but the current director is a nice person, who is very popular…he is just not up to the job, in my opinion. There are a lot of problems in MD racing, but we can start by bringing the rules into the 21st century, and then making sure that the Commission runs a tight ship.

      • http://www.winnerscirclepartners.com/ Stewart

        Thanks for the detailed reply Cynthia.  As a fellow MD owner, I appreciate your candor.

      • Bustin Roos

         OMG   You are paying the legal fees in this case?!   No wonder you are a fan of the racing commissioners- it was decided your way.   

        • http://www.winnerscirclepartners.com/ Stewart

          That makes no sense whatsoever.  As I asked you before, how about giving everyone your real name since you are constantly attacking people and making accusations?

  • Bustin Roos

     The racing commissioners are political appointees.  They are charged with developing and enforcing the rules.  An assistant attorney general is appointed to oversee the legal aspects.  The executive director has no vote and little power. The commissioners who breed or own racehorses should not be seated.  It is a conflict of interest.

    Post-race sample of blood and urine are collected from horses finishing first and second.  The blood is drawn one hour from post time even if the urine sample is collected within 5 minutes of arrival at the test barn. Hot, excited, hungry horses are held for the extra 30-45 minutes.  This rule was made by the racing commission following bute and lasix overages on horses with direct/indirect ties to racing commissioners. It is to protect the horsemen-  not the public and with no interest in the welfare of the horse.

    If I am not mistaken Mrs. McGinnes is the breeder of Glib

  • Glenn Thompson

    The book I wrote “The Tradition of Cheating in the Sport of Kings” discusses the topic of the champion horse George Washington’s death in the Breeders Cup Classic and Monmouth Park. A top racing official at Monmouth Park violated a very important safety protocol and that led to the death of George Washington. George Washington should have been scratched the day before. The Racing Commision in NJ has still not done a formal investigation to check into these claims. So Guys, this problem is not just in Md.

  • Cynthia McGinnes

    Yes, I am the breeder of Glib, and as such, have followed these events closely. I believe that the Racing Commission should not have put so much trust  in the executive director, and that he should be asked to resign. However, the lab protocol was changed as far as NSAID testing when the new lab was hired , and the executive director never bothered to make sure that previous protocol was followed. The Md rules regarding the new testing available through blood plasma showing the amount below which there is no therapeutic effect were supposed to have been updated seven years ago…neither the executive director, the Racing Commission or the MTHA bothered to make sure that this happened, so the Md rules would be the same as New York, PA, and other neighboring states.

    The current executive director may have perjured himself when he stated that he “had no knowledge” that the Lasix slips protocol had changed, even though the chief state vet testified that the executive director told them “to do the best they can” at the time the protocol changed due to lack of manpower. After this mess with Dutrow, NOW he puts in a new protocol…why didn’t he do that the first time?

    With Glib being reinstated, we get less than $5000 in breeders awards…believe me, we have spent more than 8 times as much in legal fees….We did this to expose  the mess, and hopefully get it fixed…we have been part of the Md racing and breeding industry for 40 years, and hoped that by paying the legal fees to insure that these hearings took place, we could help to get the situation into the “sunshine” and FIX it.If I had my way, we would have a new executive director tomorrow, but the current director is a nice person, who is very popular…he is just not up to the job, in my opinion. There are a lot of problems in MD racing, but we can start by bringing the rules into the 21st century, and then making sure that the Commission runs a tight ship.

  • Suek596

    They are talking about the MRC … not local politicians.  MRC has the conflict, not govt.

  • equine

    Do we presume the next step is Mr. Riccio will hire Alan Foreman either as his attorney, or as an expert witness in the allegations referenced in Kid Benny’s post asking a court to interpret the precedents set by the commission in non enforcement or selective enforcement of regulations?

    • Bustin Roos

      Of course   More fees generated

  • equine

    Do we presume the next step is Mr. Riccio will hire Alan Foreman either as his attorney, or as an expert witness in the allegations referenced in Kid Benny’s post asking a court to interpret the precedents set by the commission in non enforcement or selective enforcement of regulations?

  • http://www.winnerscirclepartners.com/ Stewart

    Thanks for the detailed reply Cynthia.  As a fellow MD owner, I appreciate your candor.

  • Ridindirty3

    Maybe we’re too tough on Ricky! He’s better at exposing the real problems in racing than the NYT!

  • Ridindirty3

    Maybe we’re too tough on Ricky! He’s better at exposing the real problems in racing than the NYT!

  • Phil Schoenthal

    My understanding from sources at the hearing was that the positive was called by the chemist based on results of the urine test, not the blood.  Some drugs, like Naproxen, can be seen in the urine for almost 30 days (but the guideline is you need to stop using it 5 days before the race) whereas the blood is much more accurate and definitive.  That’s why industry “best practice” is to verify the presence/level of Naproxen in the blood not just the urine.   When the defense sent off the split sample of the blood, the outside labs peformed the “best practice” blood test and showed the level of Naproxen to be well within normal limits.  Bottom line, Glib should never have been called a positive in the first place and thus was re-instated.   

    Also, in the course of discovery, apparently the defense showed a littany of errors in the MD Drug testing process that fall well short of industry “best practice.”   

    It’s not often you hear the commission overruling a chemist/steward ruling, so I’m sure the evidence was more than compelling. 

  • RayPaulick

     If the lab is picking up 30-day traces of Naproxen isn’t it strange this was the first one called in years?

  • Kid Benny

    Excellent point Ray . I wonder if the vet’s treatment sheet or Robb’s vet bill was presented at the hearing. That would tell us exactly when the Naproxen was administered and whether it was given within the recommended withdrawl window.

  • Kid Benny

    I don’t have the technical knowledge to know what is the “best practice” as far as testing is concerned.  I have no reason to doubt the argument that the testing in the Glib was less than “best practice.” However, the testing in place at the time was the same for ALL horses.  If the testing is lacking, then the MRC should move to improve it going forward. I don’t see how the MRC can change the standard that applied at the time of the positive test to a new standard in the midst of an appeal. All horsemen were subjected to the same testing procedures in Maryland.  Here, the MRC changes the standard retroactively. Let me be clear, I am all in favor of using “best practices” and the most stringent testing procedures.

    If this should not have been called a positive in the first place, then why did the MRC fine John Robb ? By fining Robb, the MRC apparently concedes that this WAS a positive according to the standards in place at the tme of testing. If this was a positive, then “best practices” would dictate that a horse that tests positive should be disqualified. Historically, a positive for Naproxen  equaled a DQ.  Yes, the MRC has the discretion to overturn the Stewards and rescind the DQ, as was done in the Glib case. This sets a very dangerous precedent. If arguments that best industry practices were not utilized are going to be successful in overturning a DQ for positives, then I can’t see how the MRC can uphold any DQ for a positive in which it can be shown that industry best practices were not utilized.  Equal protection mandates that all similarly situated must be treated the same. Let us remember, our industry is worldwide and the best industry practices may be in Hong Kong or Germany or elsewhere. I highly doubt that we can ever meet the best industry practices that are utilized in foreign jurisdictions but they are part of our industry. If the standard to overturn a DQ for positives is best industry practice , then I suggest anyone facing a DQ for a positive immediately appeal to the MRC .  I am certain any defendant can find an industry practice or procedure that is a best industry practice that is not being utilized in Maryland. Now, the precedent set in the Glib case says that any subsequent defendant that can show that industry best practices were not used, must have their DQ reversed.

  • Cynthia McGinnes

    Both John Robb and his vet testified at the hearing that Glib last had Naproxen one day more than the days required to be within the recommended withdrawal window….”just to be safe”.

    The reason the result was overturned is because the defense showed that the  protocol for NSAID testing in Maryland under the previous chemist/lab WAS to use the “best practice” and check the blood plasma for the level…[under 1 milliliter is considered to be a non-therapeutic result]- and the reason that this positive is the first one called in years is because it NEVER would have been called under the previous chemist.

     The problem is that this protocol that was being used for years was never actually specified in the wording of the MD rulebook.  When the new chemist took over, the executive director never CHECKED to see if he was following the established protocol…so the MD lab protocol was changed  for Glib’s race….and the Commission reversed the ruling because it was THIS race that had been operating under a new protocol that had not been approved by the Commission. The new chemist also submitted a very late blood plasma test marked for  informational purposes only, [and there was some question that it may have been fabricated}.

     There was a letter from the previous MD chemist, plus testimony from Dr. Mahlen who does the NYRA testing and knew the previous chemist's protocol, that Glib would NEVER have been called positive under previous MD testing. The  defense was able to show that it was the new chemist's sloppy testing and change from previous MD protocol that caused the DQ, and it was this unauthorized change that allowed the DQ to be overturned. The new MD chemist also said that Glib's urine sample showed a high dose of Naproxen, yet the second sample sent to New York showed the very small level.

    You had to be there and hear all the testimony to understand that it was the correct decision. It was the new chemist/lab who changed the protocol, and the executive director who failed to make sure that the previous protocol which had been used by the former chemist/lab was being used by the new lab, that caused the trouble. The result was determined (and DQ overturned) by using the protocol that had been in place for years and should have been used  for this race.

    The reason John Robb was given a $500 fine is because the Md rules had not been literally changed to reflect the "best practice" protocol that was being used for many years.[ Tom Amoss received a similar penalty and no DQ in a recent ruling in LA for just the same reason.]

    This is why I am hoping that the MD rules will be updated to actually reflect the 21st century testing procedures that the MD chemist had been using for years (except for this latest chemist who really should be replaced). You can see why the hearings were so complicated..there was a great deal of testimony from experts from other states, and showing how the testing formerly used for years in MD had been allowed to lapse….and the executive director, whose job it is to bring potential problems to the Commission’s attention, was not only not minding the store, he didn’t even know what was in the store!!

    I would recommend that Ray actually read all the testimony in both hearings if he wants to get a clear picture.[ I just read this post again and wonder if anyone can even understand it! ]Basically, it should say that the MD chemists for years had been using a protocol of “best practice” that had not been updated in the wording of the MD rules, and the new chemist never bothered to find out what protocol the previous chemist was using, and was sloppy besides …hopefully, this will now all,be corrected!!!!!

  • Wingtips

    Every time I get the urge to get back into the game as a small owner, it doesn’t take long to back away and realize how truly screwed up the entire industry is. 

    • Bustin Roos

      Sadly accurate and that the horsemen don’t comprehend the connection.

  • Wingtips

    Every time I get the urge to get back into the game as a small owner, it doesn’t take long to back away and realize how truly screwed up the entire industry is. 

  • Bustin Roos

     OMG   You are paying the legal fees in this case?!   No wonder you are a fan of the racing commissioners- it was decided your way.   

  • Bustin Roos

     Where can we find the book

  • Kid Benny

    Can anyone with specific knowledge answer the following question – “Is Naproxen allowed at any level on race day in Maryland ?” Is it a no tolerance drug or is there a permitted threshold ? As Cynthia points out , the split that was sent to New york showed a “very small level.” If it is no tolerance, then shouldn’t even a “very small level” be a positive ? If Naproxen is no tolerance and the connections of Glib had confidence in the testing protocol/procedures of the New York lab and that lab reported a “very small level” then I have to conclude that it is a positive. I still can’t understand how John Robb can be fined for a positive if there was no positive.

    Additionally, if the rationale for reversing the DQ was based on improper procedures and protocol by the MD chemist, then shouldn’t the same standard be applied in the Dutrow case ? In the Dutrow case there was an abundance of procedural/policy errors. Don’t the connections of King and Crusader deserve to be judged by the same standards ? King and Crusader arrived late, was treated with Lasix late, allowed to race and won. He was not over on Lasix. Consistency is a MUST when issuing a decision regarding the stiff penalty of a DQ. If poor policy/procedures is enough to overturn the Glib DQ then it must be the same in the Dutrow case.  Horseman cannot permit or accept a different standard to be applied based on the personality of the defendants.

    Finally, Maryland horsemen need to decide whether they are comfortable with the General Counsel of the MTHA being allowed to represent the interests of one member to the detriment of another member. I, as just one MD horseman, am not at all ok with the General Counsel of the MTHA participating in cases that involve multiple MTHA members that are on the opposite sides of an issue.  I would like to know if organizations/non-profits that are similar to the MTHA would allow such representation. I think the MTHA should either 1) ask its members for input on the General Counsel conflict issue and act accordingly and/or 2) seek an opinion from the Attorney General of Maryland on whether a conflict exists . Just my 2 cents.

  • Cynthia McGinnes

    I would like to point out to Bustin Roos that I receive no financial benefits  from the decisions except for a small breeders award that doesn’t even equal 10%of the legal fees I have paid…I don’t have any ownership in Glib. I really am doing this to bring the mess in MD to light.The decisions made sense to people who had no personal interest at all in the outcome.   As I said in a previous post, it is hard to uphold rules that were written so many years ago that they have no provision for simulcasting, for example, (which didn’t exist when the rules were written) and what constitutes a dark day, etc. The trouble is that racing was being conducted under interpretation of the rules that were never actually written into the rules. I have hopes that bringing these races to hearings will ensure the necessary changes to the rules and keep the enforcement of the new rules as a priority. I am sorry if people believe I have a financial motive, as there is none.

    • http://www.winnerscirclepartners.com/ Stewart

      Cynthia, why bother?  You made valid points and there will always be people on these forums that think a) all owners are greedy and evil and/or b) everyone involved in a particular incident are corrupted.  Forget the fact they can’t tell the difference between a breeder and an owner or that they can’t do simple math.  You laid out intelligent facts….no need to defend yourself.

  • Cynthia McGinnes

    I would like to point out to Bustin Roos that I receive no financial benefits  from the decisions except for a small breeders award that doesn’t even equal 10%of the legal fees I have paid…I don’t have any ownership in Glib. I really am doing this to bring the mess in MD to light.The decisions made sense to people who had no personal interest at all in the outcome.   As I said in a previous post, it is hard to uphold rules that were written so many years ago that they have no provision for simulcasting, for example, (which didn’t exist when the rules were written) and what constitutes a dark day, etc. The trouble is that racing was being conducted under interpretation of the rules that were never actually written into the rules. I have hopes that bringing these races to hearings will ensure the necessary changes to the rules and keep the enforcement of the new rules as a priority. I am sorry if people believe I have a financial motive, as there is none.

  • Phil Schoenthal

    Maybe we are not explaining clearly. Urine alone is inaccurate, it has to be validated by the blood. If the blood doesn’t validate the urine then it is a faulty reading on the urine. All the MD chemist did was check the urine, so he had no right to call the positive.

  • Cynthia McGinnes

    The key words that have been added to the NY racing rules, and other Mid-Atlantic states, are that amounts of NSAIDS ”without any therapeutic effect” ..[.effectively less than 1 milliliter]…will not constitute a positive.This amount can best be determined by testing the blood plasma. PA doesn’t even test the urine anymore, only the plasma. The problem arose in MD because the  previous chemist was USING this protocol for testing for years, although the MD rules had not actually been REWRITTEN to include blood plasma testing  and the low permissible level that had “no therapeutic effect”. So the Commission made the decision on the protocol that had been used for years, although technically trainer Robb was penalized for a positive as the rules had not been rewritten. They just mitigated the penalty ( as the Commission just did in Louisiana for Tom Amoss in a similar situation). This would be like a judge declaring someone guilty, but giving them community service as their sentence rather than jail time due to mitigating circumstances.

    The Dutrow case was decided under the trainer responsibility rule. Regardless of the fact that the MD people messed up by not scratching the horse, Dutrow knew that the horse could not race after receiving Lasix only one hour before the race.  He should have scratched the horse, not waited for someone else to do it. This would be like cashing a tax refund check from the IRS for $1 million dollars…you know someone made a mistake and they are not going to let you keep the money!

    Trainer Dutrow knew, and doesn’t dispute that fact, that King and Crusader received Lasix too close to the race…under the trainer’s absolute responsibility he should have scratched him.

    As far as the MTHA is concerned, I agree that they should have been the FIRST ones to ask that the MD racing rules  be updated, and it is to their shame that it has taken this long to get them rewritten.

    I am primarily a breeder and only race a very occasional filly. With tongue firmly in cheek, I think it is also shameful that it is a BREEDER who has to put up the money to bring this mess in the MD racing rules to light..[especially since the MTHA tramples all over the Md Horse Breeders every chance that they get!]

  • phil

    It was not a matter of just arguing best practices were not used, do you understand the split sample came back negative?

    Since the split sample came back negative, they were able to persuade the commission that the split sample was the accurate because it’s results were obtained using best practices whereas the original positive test was not.

    Had the split sample come back positive the defense could not have won the case.

  • phil

    Mrs. McGinnes just typed a long response answering your question about the fine to Jerry Robb but for some reason her response is deleted now or been removed.

  • Cynthia McGinnes

    I think my comment is still there,Phil, just above the Kid Benny post due to the way it was put under “reply”.If you scroll up, not down, you will find it.

  • http://www.winnerscirclepartners.com/ Stewart

    Cynthia, why bother?  You made valid points and there will always be people on these forums that think a) all owners are greedy and evil and/or b) everyone involved in a particular incident are corrupted.  Forget the fact they can’t tell the difference between a breeder and an owner or that they can’t do simple math.  You laid out intelligent facts….no need to defend yourself.

  • http://www.winnerscirclepartners.com/ Stewart

    That makes no sense whatsoever.  As I asked you before, how about giving everyone your real name since you are constantly attacking people and making accusations?

  • Glenn Thompson

    Website    http://www.sportofkingsbook.com  You can get it thru Amazon, B&N and Smashwords

  • Birdy1031

    As a lab technician who performs drug tests this is absolutely correct. Big difference between metabolites and active metabolites. Maryland got it right, just in a bumbling fashion.

  • Bustin Roos

    Maryland has no written guidelines as to drug withdrawl times.  Please give your references for the 30 days.

  • Bustin Roos

    The medication was given orally.  The bottle was dispensed.

  • Bustin Roos

    Pennsylvania tests the urine as well as blood.  Urine for active ingredients and metabolites.   I am sorry you are paying Alan Foreman’s bills  will you be reimbursed from the horse’s earnings? 

  • Bustin Roos

    Cynthia posted the split was positive

  • Bustin Roos

    Sadly accurate and that the horsemen don’t comprehend the connection.

  • Bustin Roos

    Of course   More fees generated

  • Cynthia McGinnes

    I will not be reimbursed from the horses earnings. I put up this money for legal fees freely to bring the problems in MD into the light of day and hopefully get them fixed. According to sworn testimony by the PA chemist at the hearing, PA does not test urine anymore for NSAIDs,only the blood plasma. If such is not the case, then the chemist perjured himself.

    Alan Foreman’s legal work was brilliant…it was a privilege to watch him make his case, and his research left no stone unturned. He was worth every penny, and I do not know of any attorney in the country as well versed in horse industry medication issues.

  • Cynthia McGinnes

    The split revealed a level of Naproxen that was below 1 milliliter and had no therapeutic effect. This would be considered negative for reporting purposes because of the trace level. I should not have used the word positive, as it showed only this trace level….as Commissioner McDaniel said, this would be the equivalent of taking an Aleve on Tuesday and expecting it to cure your headache on Sunday.

  • Mylilsecret30

    obviously the md chemist wasnt following proper protocol in testing….after two renouned and very knowledgeable chemists testified that there is no way they would have called it a positive and no other jurisdiction such as w.v ,va,n.y,n.j,p.a, would have either…..people need to get it right…..md is a zero tolerance state….but within the labs themselves they have their own thresholds…less than 1 microgram is pretty much universally followed when determining what actually constitutes a positve test…glibs was less than 1…way less….further more the previous chemist that was in maryland for 20 yrs or so also had written testimony that the current chemist called it incorrectly and that he wouldn have in no way called glibs test a positive test….what alan foreman did was save everyone elses ass in the future…and cynthia mcginnes

  • Mylilsecret30

    cynthia mcginnes is a godsend….and we thank her so much

  • Mylilsecret30

    cynthia mcginnes is a godsend….and we thank her so much

  • Mylilsecret30

    just one more question….why didnt the states  attorney  call up the chemist to testify as to how he was following proper procedure?……the chemist was present all day and available to be called to testify….i know why…because it would have been self incriminating and alan foreman would have proven it even more that the chemist was incorrect in the labs findings

  • Mylilsecret30

    just one more question….why didnt the states  attorney  call up the chemist to testify as to how he was following proper procedure?……the chemist was present all day and available to be called to testify….i know why…because it would have been self incriminating and alan foreman would have proven it even more that the chemist was incorrect in the labs findings

  • http://www.winnerscirclepartners.com/ Stewart

    Phil,

    You are explaining it VERY clearly and I appreciate your posts.  People such as Ray are either not taking the time to read all information provided or are out of touch in general with testing procedures (not just in racing but in general).  It is much easier to claim corruption than to take the time to actually learn what you are posting about.

  • Yovankajojo

    it’s o.k. as long as the stewards ruling is the only ruling that a trainer/owner or anyone else licensed is all they get,but when the owners of the track can come behind the stewards and do more to someone is wrong and should be dealt with legally.

  • Yovankajojo

    it’s o.k. as long as the stewards ruling is the only ruling that a trainer/owner or anyone else licensed is all they get,but when the owners of the track can come behind the stewards and do more to someone is wrong and should be dealt with legally.

  • JOHN J ROBB

    I LOVE TO READ ALL THE STATMENTS BY PEOPLE WHO WERE NOT AT THE HEARINGS AND HAVE NO FACTS . WE CAN TELL WHO THEY ARE THEY HIDE BEHIND A FALSE NAME AND SOUND REAL STUPID. BUT I KNOW WHO THEY ARE.

    • Lopezselena68

      My thoughts exactly!

  • JOHN J ROBB

    I LOVE TO READ ALL THE STATMENTS BY PEOPLE WHO WERE NOT AT THE HEARINGS AND HAVE NO FACTS . WE CAN TELL WHO THEY ARE THEY HIDE BEHIND A FALSE NAME AND SOUND REAL STUPID. BUT I KNOW WHO THEY ARE.

  • Lopezselena68

    My thoughts exactly!

  • JOHN J ROBB

    BUSTIN ROOS AND KID BENNY YOU KNOW ME IF YOU WANT A ANSWER ASK ME . I WILL EDUCATE YOU . HI DONALD BARR AND CAROL.
    HI TO YOU KID BENNY I MEAN FAT HARRY

    • Kid Benny

      John Robb a.k.a the Penguin  calling someone fat – NOW that is entertaining !  Keep guessing at who we are – it is fun to watch you get it wrong.  As you do it, please use correct grammar, syntax, and spelling.  The nonsense you are posting is barely literate and highly unintelligible. Perhaps you can have someone pay Alan to write something for you.

      • HARRY KASSAP

        “Kid Benny” -Totally uncalled for to refer to Mr. Robb as the Penguin. It does nothing to enhance the debate and makes your motives doubtful.

        • Kid Benny

          If you can’t stand the heat stay out of the track kitchen !

    • Bustin Roos

       Ha ha guess again

      • JOHN J ROBB

        NOT A QUESS CAROL
        DONALD BARR HAS COME CLEAN FOR THE FIRST TIME IN HIS LIFE

        • Bustin Roos

           Sorry, no  

    • HARRY KASSAP

      Mr. Robb – Since there are very few Harrys in MD racing, I am a big guy, and I am friends with Mr. Maher, Mr. Barr, and Ms. Swandby, I will assume you are referring to me as “Fat Harry”. I am truly sorry to disappoint you but I am here and posting under my real name. Your logic is tragically flawed. “Kid Benny” argues that Mr. Dutrow should have gotten his DQ reversed. I had a horse in the race that was actually placed 5th and got the benefit of the DQ.  Why would I argue to my own detriment ? As you “expose” people, please make sure you get the facts correct. I sense your frustration with myself, Mr. Maher, , Mr. Barr, and Ms. Swandby comes from the fact that we are all outspoken advocates of reforming the MTHA. We were all at  recent meetings and voiced our concerns. We have our opinions and share them in public in the light of day. Ms. Swandby is an esteemed veternarian in MD and has been a tireless voice to enhance MD drug testing. I highly doubt she is anyone in disguise.

      I actually applaud Ms. Mcginness for uncovering inconsistencies in Maryland testing. If her efforts lead to a change , then all of us will benefit.  Ms. Mcginnes is a long time and valued breeder in Maryland.  I thank her for sticking it out in Maryland during the rough times that face Maryland breeding. It is a very positive thing to point out bad practices and work to correct them. A closer relationship between the MTHA and the MHBA will help to cure whatever ills MD racing. Thank you Ms. Mcginness, thank you from the bottom of my heart! Mr. Robb, I truly hope that you are appreciative of Ms. Mcginess’s efforts on your behalf. They are extraordinary to say the least. I also hope that you and your owners do the right thing and compensate Ms. Mcginness for her legal expenses since you were awarded the purse. If Ms. Mcginness fails to accept reimbursement, then a generous donation to a horse retirement program in honor of Ms. Mcginness would be appropriate.

      Mr. Robb – your reference to me as “Fat Harry” is quite puzzling. You are person of large size and have struggled mightily with your weight for many years. To call someone “Fat Harry” is intellectually dishonest and very low class. Is speaks volumes about the type of person that you are. I am appalled that “Kid Benny” referred to you as the Penguin. No need for that. Yes, I am big person – in many ways. I am very generous with the folks who work with my magnificent horses. I treat everyone working at the tracks with great respect and reward their courtesies with very nice gratuities. My horses receive the best of care – a fact that Ms. Swandby can verify – and my people are treated with the utmost respect and appreciation. You don’t know anything about me. In racing, we go by past performances. I have never had a trainer fire me as an owner but you have had many prominent horsemen relieve you of your duties as a trainer. Point your finger wherever you wish but practice in the mirror first.

      Sincerely,
      HARRY KASSAP

      • JOHN J ROBB

        FOR THE RECORD I HAVE NEVER BEEN RELIEVED AS A TRAINER IN 38 YEARS . I HAVE LET A COUPLE OWNERS GO THAT WERE LIKE YOU.

  • JOHN J ROBB

    BUSTIN ROOS AND KID BENNY YOU KNOW ME IF YOU WANT A ANSWER ASK ME . I WILL EDUCATE YOU . HI DONALD BARR AND CAROL.
    HI TO YOU KID BENNY I MEAN FAT HARRY

  • Mylilsecret30

    In light of glibs reinstatement of md million and glib winning the juvenile (of which no other two yr old has EVER done in the history of Maryland racing)….and the fact that he beat the voted two yr old md bred of the yr in both races….maybe the voters should rectify that….cause after all the juvenile is listed as the championship….why would they give the trophy to the losing team?

  • Mylilsecret30

    In light of glibs reinstatement of md million and glib winning the juvenile (of which no other two yr old has EVER done in the history of Maryland racing)….and the fact that he beat the voted two yr old md bred of the yr in both races….maybe the voters should rectify that….cause after all the juvenile is listed as the championship….why would they give the trophy to the losing team?

  • JOHN J ROBB

    Maybe because the owners are on the Breeder Board and the Breeder is the President of the breeders. WOW

  • JOHN J ROBB

    Maybe because the owners are on the Breeder Board and the Breeder is the President of the breeders. WOW

  • JOHN J ROBB

    I know who Bustin Roos is and Kid Benny I wish Allynn would come out of the closet
    before i pull that curtin back also

  • JOHN J ROBB

    I know who Bustin Roos is and Kid Benny I wish Allynn would come out of the closet
    before i pull that curtin back also

  • JOHN J ROBB

    I havent put a name to Ed Maher yet but he is here is that you Allynn ?

  • JOHN J ROBB

    I havent put a name to Ed Maher yet but he is here is that you Allynn ?

  • Mylilsecret30

    Wow is right…I watched the “championship” of football ….I don’t recall New England hoisting winning trophy in victory….if the winner was to be voted on by the owner of the patriots I am sure he or they would have voted for themselves….just like the owners of “Jacks in the deck”….so when u talk about conflict of interest….keep that in mind cause thats a perfect example

    • Lopezselena68

      In light of the circumstances, maybe someone will ask for a re-vote?

  • Mylilsecret30

    Wow is right…I watched the “championship” of football ….I don’t recall New England hoisting winning trophy in victory….if the winner was to be voted on by the owner of the patriots I am sure he or they would have voted for themselves….just like the owners of “Jacks in the deck”….so when u talk about conflict of interest….keep that in mind cause thats a perfect example

  • Lopezselena68

    In light of the circumstances, maybe someone will ask for a re-vote?

  • JOHN J ROBB

    I know there have been many positives from our Md. Lab that should not of been . I know of 6 on 1 day that was a joke. most of the Trainers just paid the 500. and moved on one trainer is fighting it and we be cleared. The only reason this Lab has been exposed is because it was a big enough Purse to fight and we knew we were right. All Maryland Horsemen owe a big thank you to Alan and Cynthia.
    THANK YOU CYNTHIA AND ALAN

    • http://www.winnerscirclepartners.com/ Stewart

      John,

      Making sense will only result in unfounded and uneducated attacks.  Alan is the devil reincarnated and Cynthia is corrupt.  Any facts posted that contradict either of these positions generally leads to endless, pointless banter (mainly with “mystery” posters such as your boy Bustin Roos).

      Ray, since people directly involved with this situation have posted very specific facts that contradict your inflammatory and biased (in my opinion) piece, how about posting another piece that includes more of the facts from both sides?

  • JOHN J ROBB

    I know there have been many positives from our Md. Lab that should not of been . I know of 6 on 1 day that was a joke. most of the Trainers just paid the 500. and moved on one trainer is fighting it and we be cleared. The only reason this Lab has been exposed is because it was a big enough Purse to fight and we knew we were right. All Maryland Horsemen owe a big thank you to Alan and Cynthia.
    THANK YOU CYNTHIA AND ALAN

  • http://www.winnerscirclepartners.com/ Stewart

    John,

    Making sense will only result in unfounded and uneducated attacks.  Alan is the devil reincarnated and Cynthia is corrupt.  Any facts posted that contradict either of these positions generally leads to endless, pointless banter (mainly with “mystery” posters such as your boy Bustin Roos).

    Ray, since people directly involved with this situation have posted very specific facts that contradict your inflammatory and biased (in my opinion) piece, how about posting another piece that includes more of the facts from both sides?

  • Kid Benny

    John Robb a.k.a the Penguin  calling someone fat – NOW that is entertaining !  Keep guessing at who we are – it is fun to watch you get it wrong.  As you do it, please use correct grammar, syntax, and spelling.  The nonsense you are posting is barely literate and highly unintelligible. Perhaps you can have someone pay Alan to write something for you.

  • free reign

    As for most owners and trainers, we would not exist without regulations. Naturally the trainer with most access to undetectable drugs and treatments would put the rest out of business, and destroy the legitimacy of the numbers that drive breeding decisions.
    No offense, but America is a democracy. Ask yourself if it is actually your government, representing your interests, before you wish to dismantle your only representation and protections.
    As for Maryland racing. With or without Stronach, Maryland racing is awesome. It merely took Tony’s position in dealing with Ricky, and the right path with Glib regardless of owner, or trainer. It IS a tight-knit family which will bw subjected to public scrutiny, and eventually national oversite, not because of inability to perscribe justice, but because of the need for national standards. 

  • Bustin Roos

     Ha ha guess again

  • Tony

    The problem with rule enforcement is present in all jurisdictions.  If you are part of the 1% that can afford an attorney, it is possible to get the sentence reduced or eliminated.  Unless you are a big guy in the business you will end up paying the fine and serving the time.  As noted in an earlier post it does deter new or inactive owners from entering the game.  Prediction- everyone out of the business within 10 years.

    • JOHN J ROBB

      NOW THAT I HAVE PROVED WE HAVE A BAD LAB IT WILL BE FIXED . THAT WILL HELP THE POOR 99% THAT CANT AFFORD A ATTORNEY.
      yOUR WELCOME

  • Tony

    The problem with rule enforcement is present in all jurisdictions.  If you are part of the 1% that can afford an attorney, it is possible to get the sentence reduced or eliminated.  Unless you are a big guy in the business you will end up paying the fine and serving the time.  As noted in an earlier post it does deter new or inactive owners from entering the game.  Prediction- everyone out of the business within 10 years.

  • JOHN J ROBB

    NOW THAT I HAVE PROVED WE HAVE A BAD LAB IT WILL BE FIXED . THAT WILL HELP THE POOR 99% THAT CANT AFFORD A ATTORNEY.
    yOUR WELCOME

  • JOHN J ROBB

    NOT A QUESS CAROL
    DONALD BARR HAS COME CLEAN FOR THE FIRST TIME IN HIS LIFE

  • Bustin Roos

     Sorry, no  

  • JOHN J ROBB

    Hi Harry Kassap

  • JOHN J ROBB

    Hi Harry Kassap

  • JOHN J ROBB

    Kid Benny

    Hi Harry Kassap
    Hey Hey Hey fat boy

  • HARRY KASSAP

    Mr. Robb – Since there are very few Harrys in MD racing, I am a big guy, and I am friends with Mr. Maher, Mr. Barr, and Ms. Swandby, I will assume you are referring to me as “Fat Harry”. I am truly sorry to disappoint you but I am here and posting under my real name. Your logic is tragically flawed. “Kid Benny” argues that Mr. Dutrow should have gotten his DQ reversed. I had a horse in the race that was actually placed 5th and got the benefit of the DQ.  Why would I argue to my own detriment ? As you “expose” people, please make sure you get the facts correct. I sense your frustration with myself, Mr. Maher, , Mr. Barr, and Ms. Swandby comes from the fact that we are all outspoken advocates of reforming the MTHA. We were all at  recent meetings and voiced our concerns. We have our opinions and share them in public in the light of day. Ms. Swandby is an esteemed veternarian in MD and has been a tireless voice to enhance MD drug testing. I highly doubt she is anyone in disguise.

    I actually applaud Ms. Mcginness for uncovering inconsistencies in Maryland testing. If her efforts lead to a change , then all of us will benefit.  Ms. Mcginnes is a long time and valued breeder in Maryland.  I thank her for sticking it out in Maryland during the rough times that face Maryland breeding. It is a very positive thing to point out bad practices and work to correct them. A closer relationship between the MTHA and the MHBA will help to cure whatever ills MD racing. Thank you Ms. Mcginness, thank you from the bottom of my heart! Mr. Robb, I truly hope that you are appreciative of Ms. Mcginess’s efforts on your behalf. They are extraordinary to say the least. I also hope that you and your owners do the right thing and compensate Ms. Mcginness for her legal expenses since you were awarded the purse. If Ms. Mcginness fails to accept reimbursement, then a generous donation to a horse retirement program in honor of Ms. Mcginness would be appropriate.

    Mr. Robb – your reference to me as “Fat Harry” is quite puzzling. You are person of large size and have struggled mightily with your weight for many years. To call someone “Fat Harry” is intellectually dishonest and very low class. Is speaks volumes about the type of person that you are. I am appalled that “Kid Benny” referred to you as the Penguin. No need for that. Yes, I am big person – in many ways. I am very generous with the folks who work with my magnificent horses. I treat everyone working at the tracks with great respect and reward their courtesies with very nice gratuities. My horses receive the best of care – a fact that Ms. Swandby can verify – and my people are treated with the utmost respect and appreciation. You don’t know anything about me. In racing, we go by past performances. I have never had a trainer fire me as an owner but you have had many prominent horsemen relieve you of your duties as a trainer. Point your finger wherever you wish but practice in the mirror first.

    Sincerely,
    HARRY KASSAP

  • HARRY KASSAP

    “Kid Benny” -Totally uncalled for to refer to Mr. Robb as the Penguin. It does nothing to enhance the debate and makes your motives doubtful.

  • Harry Kassap

    Ms. McGinnes – I am hopeful that the MTHA and MHBA can work together for the best interests of MD racing.Thank you for efforts to make this happen – We will continue to push on the MTHA end of things for a closer working relationship.

  • Harry Kassap

    Mr. Robb – You define low class.

    Sincerely,
    Harry Kassap

  • Mylilsecret30

    Mr.Robb defines winning

    • Harry Kassap

      Mylilsecret – a horse owned by Ms.Gina Rosenthal and trained by Mr. John Robb –
      Welcome to the conversation Ms. Rosenthal. Congratulations on your appeal . I am very hopeful that the hearing will lead to better testing procedures in Maryland. Your comments are most welcome here. Have a great day !

      Sincerely,
      HARRY KASSAP

      • Mylilsecret30

        Hi mr.kassup…..i was a fan of mylilsecret when he was running…and a big fan of john robb…but i am not gina rosenthal…thanks for welcoming me though

        • Harry Kassap

          My bad – got caught up in all the guessing at handles goin on ! My career as a detective is over – lol. I welcome everyone – heck, we can have a good debate without diving into insults. Difference of opinion makes the world go round and is healthy. I am fairly certain that anyone involved in Maryland racing has the motive of making our racing the best that it can be. Cheers !

      • G_rosenthal

        Thank you but I’m not hiding under an alias.( just to clarify)

        • Harry Kassap

          Gotcha Gina ! Sorry for the poor guess – that makes 2 of us not hiding under an alias ! Congrats again

      • JOHN J ROBB

        Harry this is your first day on this post as Harry Kassap and Kid Benny is now missing . Check your post all new to this sight. If you are out of closet now come clean . MAN UP

  • Mylilsecret30

    Mr.Robb defines winning

  • Harry Kassap

    Mylilsecret – a horse owned by Ms.Gina Rosenthal and trained by Mr. John Robb –
    Welcome to the conversation Ms. Rosenthal. Congratulations on your appeal . I am very hopeful that the hearing will lead to better testing procedures in Maryland. Your comments are most welcome here. Have a great day !

    Sincerely,
    HARRY KASSAP

  • Harry Kassap

    Mr. Robb’s derogatory commented directed at me has been removed. My reply was to one of his typical insults.

  • Mylilsecret30

    Hi mr.kassup…..i was a fan of mylilsecret when he was running…and a big fan of john robb…but i am not gina rosenthal…thanks for welcoming me though

  • G_rosenthal

    Thank you but I’m not hiding under an alias.( just to clarify)

  • Harry Kassap

    Gotcha Gina ! Sorry for the poor guess – that makes 2 of us not hiding under an alias ! Congrats again

  • Harry Kassap

    My bad – got caught up in all the guessing at handles goin on ! My career as a detective is over – lol. I welcome everyone – heck, we can have a good debate without diving into insults. Difference of opinion makes the world go round and is healthy. I am fairly certain that anyone involved in Maryland racing has the motive of making our racing the best that it can be. Cheers !

  • Kid Benny

    If you can’t stand the heat stay out of the track kitchen !

  • Kid Benny

    You first accused Donald Barr of being Kid Benny and then Ed maher and then Harry Kassup. Keep guessing. You haven’t tried any women yet. I need some guanabenz to enjoy all this.

  • JOHN J ROBB

    Harry this is your first day on this post as Harry Kassap and Kid Benny is now missing . Check your post all new to this sight. If you are out of closet now come clean . MAN UP

  • JOHN J ROBB

    FOR THE RECORD I HAVE NEVER BEEN RELIEVED AS A TRAINER IN 38 YEARS . I HAVE LET A COUPLE OWNERS GO THAT WERE LIKE YOU.

  • Carol Swandby

    Saddened to see my client and friend Harry Kassap insulted

    Saddened to see Mrs. McGinnis fork over her working capital
    to defend a trace positive

    Saddened to witness the decline of thoroughbred industry

    Saddened that the industry is always reactive rather than
    proactive

     

    Racing must change with the times: it is no longer the only
    gambling venue available.  It must be
    transparent. The wagering public must have confidence that anything and
    everything has been done to insure integrity of the game and guard the welfare
    of the horses. 

     

    Medication limits, suggested withdrawl times, penalties must
    be standardized if not on a national level than on a regional basis. Trainers
    and veterinarians should be able look online and know that if  drug x is found in the sample then the
    penalty is y. Penalties should increase with the number of violations.  If the Maryland state laboratory is not up
    to speed, ship all samples to Pennsylvania or better yet Iowa.  .

     

    The NY Times series will travel to West Virginia,
    Pennsylvania and finally New York coinciding around the Triple Crown.  There has been one Congressional hearing on
    racing following the breakdown of Eight Belles and there will be more.  The industry has not heeded the warning and
    public sentiment is growing for federal takeover.  If that happens the changes will be much more painful than what
    is being debated in this forum.

     

    Older horsemen will retire, folks like Harry will leave the
    game. 

    Saddened to see it all go
     

    • John J Robb

      Very well said Carol and thank you for coming out from behind your false name

    • Ann Merryman

      thank you Carol

      • Cynthia McGinnes

        And, of course, when Ann herself received a similar trace positive for Naproxen in PA, she received the same penalty as Jerry Robb, no DQ or redistribution of the purse money, and a $500 fine.

        • Ann Merryman

          Cynthia -for the record I have never had a naproxen positive -unless my memory has failed-the positive in Pa was handled by the stewards–their were 4 positives in one week -all horses shipping in to the receiving barn -the stewards put off the hearing for several months had Dr Sams from Ohio State present -3 of the trainers myself included had no attorneys-
          the rules were in place in Pa as you stated–since we don’t have National medication rules –why would Pa medication rules of over 20 years ago have any bearing on this case

  • Carol Swandby

    Saddened to see my client and friend Harry Kassap insulted

    Saddened to see Mrs. McGinnis fork over her working capital
    to defend a trace positive

    Saddened to witness the decline of thoroughbred industry

    Saddened that the industry is always reactive rather than
    proactive

     

    Racing must change with the times: it is no longer the only
    gambling venue available.  It must be
    transparent. The wagering public must have confidence that anything and
    everything has been done to insure integrity of the game and guard the welfare
    of the horses. 

     

    Medication limits, suggested withdrawl times, penalties must
    be standardized if not on a national level than on a regional basis. Trainers
    and veterinarians should be able look online and know that if  drug x is found in the sample then the
    penalty is y. Penalties should increase with the number of violations.  If the Maryland state laboratory is not up
    to speed, ship all samples to Pennsylvania or better yet Iowa.  .

     

    The NY Times series will travel to West Virginia,
    Pennsylvania and finally New York coinciding around the Triple Crown.  There has been one Congressional hearing on
    racing following the breakdown of Eight Belles and there will be more.  The industry has not heeded the warning and
    public sentiment is growing for federal takeover.  If that happens the changes will be much more painful than what
    is being debated in this forum.

     

    Older horsemen will retire, folks like Harry will leave the
    game. 

    Saddened to see it all go
     

  • JOHN J ROBB

    DO YOU HAVE A MIRROR HARRY . YOU SHOWED WHO HAD THE LOW CLASS AT THE MTHA MEETING

  • JOHN J ROBB

    DO YOU HAVE A MIRROR HARRY . YOU SHOWED WHO HAD THE LOW CLASS AT THE MTHA MEETING

  • JOHN J ROBB

    Very well said and thank you for coming out from hidding . Carol

  • JOHN J ROBB

    Very well said and thank you for coming out from hidding . Carol

  • John J Robb

    Very well said Carol and thank you for coming out from behind your false name

  • Cynthia McGinnes

    I am afraid that Md Racing wil never be fixed until we have new leaders of both the MTHA and the MHBA.In my opinion, too many people on both boards are more interested in who has “power” over the other than they are in doing what is best for Md. racing. I have always used my own name in posting here…I think it makes for healthier discussion when people post under their own names.

    However, at least we are getting the Md rules rewritten so they will be brought into the 21st century. It’s a start.

  • Cynthia McGinnes

    I am afraid that Md Racing wil never be fixed until we have new leaders of both the MTHA and the MHBA.In my opinion, too many people on both boards are more interested in who has “power” over the other than they are in doing what is best for Md. racing. I have always used my own name in posting here…I think it makes for healthier discussion when people post under their own names.

    However, at least we are getting the Md rules rewritten so they will be brought into the 21st century. It’s a start.

  • Carol Swandby

    Every young trainer should have an owner like Harry Kassap.  Long time fan, excellent pay, cares about his horses. Harry is a GenXer and I hope he continues his stable for the next 20-30 years.  The industry is obsessed about marketing but the real issue is customer service for both fans and owners: both groups are needed for the show to continue.  Every horseman/woman must recognize this, listen to them, respect their opinion.

    • Cynthia McGinnes

      Carol, you didn’t show any respect for the young owner of Glib, who has suffered great financial stress because of the mess-up with the chemist. You seem to have selective respect for those that you choose to approve of…..I have never even met you, and yet you chose to cast aspersions about my character.  

      • Carol Swandby

         I said I was sad that you had to spend all that money. 

  • Carol Swandby

    Every young trainer should have an owner like Harry Kassap.  Long time fan, excellent pay, cares about his horses. Harry is a GenXer and I hope he continues his stable for the next 20-30 years.  The industry is obsessed about marketing but the real issue is customer service for both fans and owners: both groups are needed for the show to continue.  Every horseman/woman must recognize this, listen to them, respect their opinion.

  • Cynthia McGinnes

    Carol, you didn’t show any respect for the young owner of Glib, who has suffered great financial stress because of the mess-up with the chemist. You seem to have selective respect for those that you choose to approve of…..I have never even met you, and yet you chose to cast aspersions about my character.  

  • Carol Swandby

     I said I was sad that you had to spend all that money. 

  • Patjmagill

    In reference to Mr. Kassap, no one could ask for a better owner. He’s great pay, patient, and provides the best for all of his horses, so all the negative comments that I have read about him are false. Because, anybody who really knows Harry, knows this.

    Patrick Magill

  • Patjmagill

    In reference to Mr. Kassap, no one could ask for a better owner. He’s great pay, patient, and provides the best for all of his horses, so all the negative comments that I have read about him are false. Because, anybody who really knows Harry, knows this.

    Patrick Magill

  • Patjmagill

    The Md Racing Commission, the MTHA, AND track officials are all made up of horsemen, and friends of horsemen, and yet not one of them contacted the owner or trainer of a filly named Quicketta, that was killed at Laurel due to negligence on the part of the track and its staff. She was impaled by the rail because the gap was left open, even though the warning lights were on. Track procedures really need review, if this sort of thing can happen, and nothing is done to prevent its reoccurence.    

  • Ann Merryman

    thank you Carol

  • Cynthia McGinnes

    And, of course, when Ann herself received a similar trace positive for Naproxen in PA, she received the same penalty as Jerry Robb, no DQ or redistribution of the purse money, and a $500 fine.

  • Ann Merryman

    Cynthia -for the record I have never had a naproxen positive -unless my memory has failed-the positive in Pa was handled by the stewards–their were 4 positives in one week -all horses shipping in to the receiving barn -the stewards put off the hearing for several months had Dr Sams from Ohio State present -3 of the trainers myself included had no attorneys-
    the rules were in place in Pa as you stated–since we don’t have National medication rules –why would Pa medication rules of over 20 years ago have any bearing on this case

  • Harry Kassap

    Mr. Robb – You define low class.

    Sincerely,
    Harry Kassap

  • Harry Kassap

    Mr. Robb’s derogatory commented directed at me has been removed. My reply was to one of his typical insults.

Twitter