Latest news with #HIWU
Yahoo
8 hours ago
- Sport
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Lazarus: John Pimental's HIWU Case 'Led To Some Positive Steps Forward'
Lazarus: John Pimental's HIWU Case 'Led To Some Positive Steps Forward' originally appeared on Paulick Report. Trainer John Pimental, now 70, resumed his career last December after a 15-month suspension from the Horseracing Integrity & Welfare Unit (HIWU), enforcement arm of the Horseracing Integrity and Safety Authority (HISA). The trainer and his wife took time to talk about their experience with the Thoroughbred Daily News this week. Pimental was one of the earlier cases to come before HIWU; his trainee Golovkin tested positive for methamphetamine on May 29, 2023, less than a week after HIWU's Anti-Doping and Medication Control Program was implemented. A barn search on July 28, 2023, resulted in HIWU investigators finding an unlabeled container of the banned substance levothyroxine in Pimental's truck. Advertisement Initially, Pimental was handed a three-year suspension and $25,000 in fines, a deal the trainer said he agreed to because he couldn't afford a lawyer. Pimental had never had a positive test prior to this case, and told investigators he believed the meth positive to be a result of contamination, and that the levothyroxine was for his stable pony. After TDN published an initial story, Pimental was able to begin working with HISA's/HIWU's Ombudsman, Alan Foreman, at no cost. HISA CEO Lisa Lazarus then wrote in a Letter to the Editor published in TDN that Pimental's case had prompted the development of a "Pro Bono panel of lawyers for Covered Persons who fall below a certain income threshold so that no one is deprived of counsel simply because they cannot afford a lawyer." Ultimately, Pimental was allowed to withdraw his admission of guilt, and the adjudication process began anew. An arbitrator later sanctioned Pimental to a 15-month suspension and $10,000 fine for the levothyroxine possession, and the methamphetamine charge was stayed pending approval of proposed rules that HISA submitted to the Federal Trade Commission (FTC) in November 2023 regarding lesser penalties for human substances of abuse. HISA CEO, Lisa Lazarus, told TDN: 'We recognize that these are real people with real lives, and we don't take these decisions lightly. But I do think [the Pimentals'] case, amongst others, led to some positive steps forward, and obviously [their difficulties were] a consequence of being one of the first cases.' As the end of his suspension neared, Pimental wasn't sure he wanted to return to training. Encouragement from an owner helped him decide to return to the races, though he told TDN he is much more cautious since his return. "You've got to tiptoe around," the trainer said. "You've got to make sure nobody goes in your stalls. You've got to be careful with supplements. You have to be careful who you hire to walk a horse up for a race. I tie all my tongue-ties myself. I don't trust anybody else putting their hand's near a horse's mouth. I sit in front of a horse's stall all day now when he's running." According to Equibase, Pimental has saddled the winners of two races from 27 starters since his return to the training ranks. He is based this summer at Monmouth Park. This story was originally reported by Paulick Report on Jun 20, 2025, where it first appeared.
Yahoo
12-05-2025
- Yahoo
Libel, Feed Contamination, Employee Classification, HIWU, And More: Takeaways From The Equine Law Conference
The University of Kentucky conducted its 39th annual National Conference on Equine Law in Lexington, Ky., April 20 and May 1, featuring a range of topics from employment to liability to HIWU and more. Here are a few takeaways for our (mostly) non-attorney audience: When it comes to HISA cases, settling may be cheaper. Attorney Timothy Steadman presented on preparing defenses against HISA/HIWU cases, and pointed out that because of the fault structure from those organizations, clients often need a reality check. The organizations will typically give a trainer a reduced suspension in exchange for signing an agreement admitting to the charges, but that deal isn't available if the person takes the matter to an independent arbitrator. The cost of hiring an attorney and waiting out a case going through arbitration may not be worth it, because there is an official range of potential levels of 'fault' that may be assigned to the covered person that factor into sanctions. Steadman says he doesn't know of a HISA or HIWU case yet where a trainer has been able to establish zero in situations where a trainer is claiming a drug positive is the result of environmental contamination, they have to show specifically where in the environment the substance was accidentally introduced. Because trainers are legally considered to be responsible for all aspects of a horse's care and environment, even being able to prove the source of contamination may not result in a trainer being considered to have 'no fault.' The arbitrator system used by HISA/HIWU differs from court proceedings in a few key ways for attorneys. HISA/HIWU cases under dispute are decided by an independent arbitrator. (The arbitrator selection is random.) Because this is a private mediation proceeding, that arbitrator does not have the same authority and is not held to the same rules as a judge in a courtroom. There's no formal discovery process ahead of the case. In legal cases, 'discovery' is the portion of a proceeding where each side requests certain types of information and evidence from the other, and routes those requests through a judge. Various people associated with a court case could be subpoenaed to provide information or documents that are requested, and lawyers have the chance to depose potential witnesses in advance of trial. In private arbitration, Steadman told the audience, there is no formal discovery process. Defense attorneys can ask HIWU to produce certain evidence, but the arbitrator decides whether that evidence is relevant and whether HIWU has to turn it over. If a third party has evidence, such as surveillance footage taken by a track that belongs neither to the trainer nor to HIWU, the arbitrator could order the third party to turn that evidence over on the day of the hearing, but doesn't give the attorneys time to review the evidence. Case law is mixed on whether an arbitrator could issue a subpoena to a third party witness, but the general consensus is that they don't have that legal power. Employee or independent contractor? You'd better be sure which category someone falls into. Catherine Salmen Wright said she's frequently asked about this, and incorrectly classifying an employee as an independent contractor can have major legal and financial implications for the employer. Independent contractors are supposed to be professionals who advertise their services and are able to work for more than one client. That means no, you can't subject your independent contractor to a non-compete agreement or require they work for you exclusively. An independent contractor also shouldn't be someone with supervisory responsibilities, because that is considered to limit their ability to work for others if they choose. Independent contractors also aren't permanent employees. All of this matters because employees are subject to overtime pay, and employers have to pay taxes on the wages of their employees. The Department of Labor can penalize employers who are found after the fact not to have done these things because the employer misclassified the person working for them. Why is the Department of Labor here? The DOL has recently shown an interest in racetrack employers, including a number of high-profile trainers in New York who were charged with Wage and Hour violations related to paying backstretch workers overtime and time-keeping. That left a lot of people wondering – what usually prompts a Department of Labor investigation? Most of the time, Salmen Wright said, the DOL audits employers based on an employee complaint – which may not relate to the violations the DOL ends up finding in their audit. (It's not known whether an employee complaint triggered any of the department's investigations of racing employers.) She recalled one case where someone applied for unemployment benefits after losing their job, but because they had been incorrectly classified as an independent contractor by the employer, those benefits weren't available. That triggered a full audit of the employer. Contracts, due diligence, and documentation are key in sales disputes – as are costs. One of the conference panels included a mock sales dispute, based on a fictitious case designed to be a synthesis of common situations equine lawyers are asked to deal with. The case involved the parent of a juvenile rider who wanted to sue the person who sold her a horse several months earlier because the horse had started refusing jumps. The fictitious sale had been for $65,000, and the fictitious plaintiff was seeking compensation for legal fees and other costs associated with trying to rehabilitate the horse from a possible kissing spines issue. The panelists explained that prospective clients in this type of situation are often shocked to learn their legal fees will be higher than the potential recovery amount. Legal fees en route to a lawyer-mediated settlement can also be steep enough they may not be worth also became clear, as teams of lawyers walked through their investigation process for this type of case, how important documentation and due diligence can be. In the example case, the plaintiff didn't have their veterinarian take blood work or back x-rays as a part of pre-purchase vetting, and didn't do research on the horses's show career prior to purchase. The plaintiff, who was established to be a newcomer to horses, also hadn't considered (and likely didn't know) the type of training and riding the horse had in the weeks and months leading up to its development of the behavior problem could be construed as causative. Feed contamination cases can get complicated. Another panel reviewed several feed and hay contamination cases throughout history. In the modern era, it's not uncommon for news to spread quickly when horses die following ingestion of potentially-contaminated feed. Most lay people assume the feed or hay supplier is totally to blame, and that would be the end of it legally wasn't always the situation in the cases profiled by W. Chapman Hopkins and Evelyn Latta. In one case from 1968, two Shetland pony stallions died after the owner mixed oats into a commercial grain mix and fed it to them. The owner sued the producer of the oats. The owner didn't notice the oats were moldy, but horse owners who bought oats from the same supplier around the same time didn't experience any issues. The producer of the oats prevailed in that case. The cases Chapman and Latta presented also demonstrated how important timely and high quality evidence gathering can be. In a 1965 Texas case, a Quarter Horse stallion died after eating feed that had recently been delivered to the farm. Tests later found the grain had been contaminated with arsenic. The stallion, General Champ, had been a sire of some repute and the owner had the chief of police take the feed sample from the farm and maintain its chain of custody. By contrast, the plaintiff in the Shetland pony case took a sample of the oats but waited four weeks to have it tested, raising questions about when the mold may have developed. In the social media age, defamation suits abound. But they're not as straightforward as you may think. Defamation isn't unique to the horse industry, but in the social media age, defamation cases involving professionals in the equine industry have become a hot topic for attorneys. It's important to remember that in the legal sense, defamation isn't just a statement you don't like, according to attorney Kathleen A. Reagan. It has to be provably true or untrue. Statements accusing someone of a crime or of fraud are considered provably true or untrue; posting about your side of an unwitnessed, undocumented he said/she said dispute probably doesn't contain something that's provably true or untrue in absence of other evidence. You have to show that damages have resulted from the statement, and that the person making the statement knew or should have known the statement was false. In the legal definition, slander is verbal and libel is written; for a long time, slander was difficult to prove because a verbal statement might not be witnessed or could be misremembered. In the era of smart phones, it's possible verbal statements can be recorded and transmitted at any more argument for the most common advice from attorneys – be careful what you say, and be even more careful what you put into writing.
Yahoo
29-04-2025
- Health
- Yahoo
Kentucky Veterinarian Accepts Four Months' Ineligibility, Fine After Unapproved Substance Found In Truck
Kentucky veterinarian Dr. Benjamin Bealmear has accepted a four-month period of ineligibility and a $4,165 fine after the Horseracing Integrity and Welfare Unit found an unapproved substance on his veterinary truck. According to a case resolution document released by the organization on April 24, officials with HIWU and the Kentucky Horse Racing and Gaming Corporation searched Bealmear's truck at The Thoroughbred Center in Lexington, Ky., in early October 2024. During the search, Bealmear identified two bottles for investigators which were labeled as "B Blend - Pelphrey." The bottles had been compounded by Boothwyn Pharmacy in Kennett Square, Penn. In 2017, Boothwyn received a warning letter from the Food and Drug Administration alleging it was producing drugs in violation of federal law, including failure to follow certain procedures to prevent contamination or assure sterility. The warning said Boothwyn was producing unapproved new drugs, and compounding drugs 'intended for conditions not amenable to self-diagnosis and treatment by individuals who are not medical practitioners.' The active ingredient in the bottles labeled B Blend is adenosine triphosphonate, commonly known as ATP, according to the HIWU documents. ATP is a naturally occurring substance in the body which fuels muscle cells. A synthetic version is commonly given by trainers hoping to improve muscle recovery, though it may also behave as a vasodilator. The substance is rated as an S0 banned substance by HIWU, meaning it is not addressed in the organization's rules, has no government approval for human or veterinary use, and is not universally recognized by veterinary regulators for valid use. All substances that meet these criteria are considered banned under the Anti-Doping and Medication Control Program. Bealmear told investigators the bottles were made by Boothwyn in June 2022 and expired in September 2022, and that he had used the substance on certain racehorses who were former patients of Dr. Rick Pelphrey until 2021. Bealmear said he had not used the substance on racehorses since September 2022, an assertion that was substantiated by records he provided. He also said he had cleaned out his truck prior to the implementation of HIWU but did not realize the product would be against the authority's signed an admissions and acceptance of consequences in the case. The decision from HIWU noted that he had cooperated with the investigation, has had no disciplinary history since being licensed in 1992, and readily admitted to possessing the substance. Find the full case resolution document here.
