Gaming Commission Rulings Database
| Licensee: WILLIAM BADGETT JR |
| Licensed As: TRAINER |
| Notice Number: BL 48-2010 |
| Racing Type: Thoroughbred |
| Track: Belmont Park (NYRA) |
| Notice Date: 05/02/2010 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.8 4043.4 4043.5 4022.12 4022.13 |
| Ruling Text: You are hereby suspended 75 days May 2, 2010 through July 15, 2010 inclusive and you are fined $2500.00, in that, on April 3, 2010, a horse "Stargleam" not having been administered furosemide, was trained by you and racing at Aqueduct Racetrack in the 8th race and had a pre-race TCO2 level of 37 millimoles per liter or more, in violation of 9NYCRR 4043.8 and 4043.4. A quarantine failed to prove the reported pre-race TCO2 level of Stargleam was physiologically normal for it. Said horse is hereby disqualified and unplaced in the order of finish. Ordered, that during period of your suspension, you shall not directly or indirectly participate in New York State pari-mutuel racing, you are denied the privileges and use of the grounds of all racetracks, and you are forbidden to participate in any share of purses or other payments. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York, further, that is (a) owned or trained by you, or any individual who serves as your agent or employee during your suspension; or (b) for which you during your suspension are involved directly or indirectly with its training including any arrangements made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the training of the horse. STIPULATION, 11/28/2010, Rick Goodell: WHEREAS, the State Steward at The New York Racing Association, Inc. (“NYRA”) racetracks fined trainer William Badgett, Jr. (“respondent”) two thousand five hundred dollars ($2,500) and suspended his racing license(s) for seventy-five (75) days, as responsible trainer on April 3, 2010 for the non-lasix horse "Stargleam," racing at Belmont Park that day, which had a pre-race TCO2 level of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4043.8 and 4043.4; WHEREAS, respondent timely appealed the ruling (BL 48/2010) and on November 18, 2010 the parties reached an agreement that respondent would withdraw his appeal and begin his suspension on December 1, 2010; and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The Board and William Badgett, Jr. hereby agree to the disposition of his pending matters as set forth herein. 2. William Badgett, Jr. withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational license(s) to participate in pari-mutuel racing and a fine, because the non-lasix horse "Stargleam," trained by him and racing on April 3, 2010 at Yonkers Raceway, had a pre-race TCO2 level that day of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4043.8 and 4043.4. 3. Respondent agrees that he shall pay a total fine of Two Thousand Five Hundred Dollars ($2,500) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of 75 days, to wit, from December 1, 2010 to February 13, 2011, inclusive. 4. The administrative stay of the order of the State Steward at NYRA racetracks that the horse “Stargleam” shall be required to serve pre-race detention for six (6) months, pursuant to 9 NYCRR § 4043.9(a), which has been in effect pending respondent’s appeal, is also lifted and the pre-race detention period shall be from December 1, 2010 to May 31, 2011, inclusive. 5. Respondent agrees that during his period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or related payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by him, or by any individual who serves as his agent or employee, during his suspension; or (b) for which he during his suspension is involved, directly or indirectly, with its training, including any arrangement made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any part of its racing or training. 6. Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid; and that failure to pay within 30 days, i.e., by his delinquency date of December 31, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 7. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to this matters, in any state or federal court or other forum. 8. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his participation in racing is conditioned upon his compliance with this agreement. 9. This Settlement Agreement represents the full, final and complete agreement between Respondent and Office of Board Counsel and resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. The New order of Finish Is 1. Goldsville 2. Nite Light 3. Seniors Pride 4. More Than Reason |
| Suspended: 12/01/2010 to 02/13/2011 (75 days) |
| Fined: $2500.00 |
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