PSA: Fines and Suspensions

Quote from talkinghorse on December 13, 2024, 10:46 AM

FAS Rulings for Friday, December 13, 2024

NOTABLES:

BURKE, MICHAEL D

YR on 1/25/2024 POSITIVE TEST- POST RACE MCMURRAY, PA FINED: $500 YOB 1968 FULL - 15 DAYS, 12/4/2024 THRU 12/18/2024 HORSE DISQUALIFIED - PLACED 6, PURSE REDISTRIBUTION On 1/25/2024 at Yonkers Raceway, Michael Burke, was the trainer of the #1 horse FULL SUPPORT in the 7th Race. Post race analysis of sample CV3514513 showed the presence of PEIMINE and PEIMININE. These samples were confirmed by split sample at the University of Pennsylvania. FULL SUPPORT, finished 1st, and is disqualified and placed 6th. All purse monies earned shall be returned and redistributed. The horse, FULL SUPPORT, must submit a negative test prior to entering to race (negative test submitted). Having appeared before a representative of the NYSGC and waiving his right to a formal hearing and right to appeal, Michael Burke`s 30-day suspension and $1000.00 fine is hereby reduced to a 15 days full suspension and $500.00 fine. The suspension shall be served 12/4/2024 through and including 12/18/2024. During the term of suspension, Michael Burke is ruled off all grounds under the jurisdiction of the NYSGC and deemed a disqualified person. No trainer transfer of horses in his care will be permitted without the approval of the presiding judge.

 

MORGAN, VIRGIL V JR

Cosh on 10/2/2024 POSITIVE TEST- POST RACE GROVE CITY, OH FINED: $250 HORSE DISQUALIFIED, PURSE REDISTRIBUTION YOB 1965 Blood sample #918326 collected at The Coshocton County Fair on 10/2/24 from the horse Jet Wings was found to contain furosemide at a concentration of 134+-30 nanograms per milliliter of plasma. This exceeds the Regulatory Threshold of 100 nanograms per milliliter adopted by the OSRC. Mr. Morgan waived his right to a hearing and is hereby fined $500 and Jet Wings is disqualified. As a result of that disqualification all purse money must be returned for redistribution ($3230.00). The fine will be reduced to $250 with no appeal. O.S.R.C.-3769-18-01(B)(b) 18-02 3769-17-43

 

WAGNER, JOHN W

RcR on 3/12/2024 CENTERVILLE, MD FINED: $5,000 YOB 1956 FULL - 360 DAYS, 12/9/2024 THRU 12/3/2025 HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION POSITIVE TEST- POST RACE Trainer John Wagner, for being the trainer of record on sample #E720219 taken from SWAN HARBOR on March 12th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner is fined $2,500.00 and must return all purse monies. Wagner will also be issued a full suspension from April 18th, 2024 through April 12th, 2025 (360 days). During this suspension, he and all horses trained and/or owned by him are barred from the grounds, under the jurisdiction of the Maryland Racing Commission. Additionally, SWAN HARBOR is disqualified, finishing first and placed ninth, and is placed on the steward`s list from April 18th, 2024 through April 12th, 2025 (360 days). Once Wagner’s suspension is completed, he must reapply and receive approval from the Maryland Racing Commission to obtain licensure. All purse monies must be returned within 72 hours of this issuance, and all fines are due within 10 days of the ruling. COMAR: 09.10.03.04.B. Six Multiple Medication Violation (MMV) points assessed. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling

RCR24-020. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that the appellant must pay a $5,000.00 fine, and must return all purse monies. In addition, the appellant will be issued a 360-day full-suspension from December 9th, 2024 through December 3rd, 2025. During this suspension, he and all horses trained and/or owned by him or his wife are barred from the grounds under the jurisdiction of the Maryland Racing Commission. It is further ordered that the appellant, John Wagner, must reapply and receive approval from the Maryland Racing Commission to obtain any license once his suspension is completed. The commission also orders that horse SWAN HARBOR is disqualified, finishing 1st and placed 9th, and will be placed on the steward’s list from December 9th, 2024 through December 3rd, 2025 as well. All purse monies must be returned within 72 hours of this issuance, and all fines are due within 10 days of the ruling. COMAR: 09.10.03.04.B and COMAR: 09.10.02.25(13)C. Six Multiple Medication Violation (MMV) points assessed.

RcR on 3/12/2024 HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION POSITIVE TEST- POST RACE Trainer John Wagner, for being the trainer of record on sample #E720227 taken from TALK TO ME ARTIE on March 12th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, TALK TO ME ARTIE is disqualified, finishing first and placed ninth, and is placed on the steward’s list from April 18th, 2024 through April 12th, 2025 (360 days). All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-021. Based on testimony and evidence presented from these hearings, it is ordered on December 8th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse TALK TO ME ARTIE is disqualified, finishing 1st and placed 9th. All purse monies must be returned within 72 hours of this issuance. COMAR 09.10.03.04.B

RcR on 3/12/2024 POSITIVE TEST- POST RACE HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION Trainer John Wagner, for being the trainer of record on sample #E720237 taken from LLOYD’S LOVES on March 12th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, LLOYD’S LOVES is disqualified, finishing second and placed ninth. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-022. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse LLOYD’S LOVES is disqualified, finishing 2nd and placed 9th. All purse monies must be returned within 72 hours of this issuance. COMAR 09.10.03.04.B

RcR on 3/21/2024 HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION POSITIVE TEST- POST RACE Trainer John Wagner, for being the trainer of record on sample #E720272 taken from HE’S GONNA GETYA on March 21st, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, HE’S GONNA GETYA is disqualified, finishing first and placed ninth, and is placed on the steward’s list from April 18th, 2024 through April 12th, 2025 (360 days). All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-023. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse HE’S GONNA GETYA is disqualified, finishing 1st and placed 9th. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B

RcR on 3/26/2024 POSITIVE TEST- POST RACE HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION Trainer John Wagner, for being the trainer of record on sample #E720301 taken from SWAN HARBOR on March 26th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, SWAN HARBOR is disqualified, finishing first and placed ninth. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-024. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse SWAN HARBOR is disqualified, finishing 1st and placed 9th, and will be placed on the steward’s list from December 9th, 2024 through December 3rd, 2025. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B

RcR on 3/28/2024 HORSE DISQUALIFIED - PLACED 8, PURSE REDISTRIBUTION POSITIVE TEST- POST RACE Trainer John Wagner, for being the trainer of record on sample #E720306 taken from CROOK BOYZZ on March 28th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, CROOK BOYZZ is disqualified, finishing first and placed eighth, and is placed on the steward’s list from April 18th, 2024 through April 12th, 2025 (360 days). All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-025. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse CROOK BOYZZ is disqualified, finishing 1st and placed 8th. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. RcR on 3/28/2024 POSITIVE TEST- POST RACE HORSE DISQUALIFIED - PLACED 9, PURSE REDISTRIBUTION Trainer John Wagner, for being the trainer of record on sample #E720313 taken from HE’S GONNA GETYA on March 28th, 2024 at Rosecroft Raceway, was found to contain ADBFubinaca. As a result, Wagner must return all purse monies. Additionally, HE’S GONNA GETYA is disqualified, finishing first and placed ninth. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B. Status as of 12/9/2024 - Subsequent Ruling - The Maryland Racing Commission conducted several hearings in response to an appeal made by John Wagner in response to Rosecroft Raceway judge’s ruling RCR24-026. Based on testimony and evidence presented from these hearings, it is ordered on December 9th, 2024 that the Maryland Racing Commission finds that appellant, John Wagner, is the absolute insurer and is responsible for ADB-Fubinaca being present in the horse at the time of racing. As a result, the commission has ordered that horse HE’S GONNA GETYA is disqualified, finishing 1st and placed 9th. All purse monies must be returned within 72 hours of this issuance. COMAR: 09.10.03.04.B.