Gaming Commission

Gaming Commission Rulings Database

Licensee: FELIX O. MONSERRATE
Licensed As: OWNER-TRAINER
Notice Number: MO 133-2011
Racing Type: Thoroughbred
Track: Main Office
Notice Date: 06/24/2011
Status: CLOSED
Ruling Type: Fine & Suspension
Rule(s): 4012.1
Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE, before the New York State Racing and Wagering Board, at its office located at One Broadway Center, Sixth Floor, Schenectady, New York, on July 13, 2011 at 10:00 p.m., why, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220, your license to participate in pari-mutuel thoroughbred racing as an Owner and Trainer should not be suspended or revoked, and any license application currently before the Board be should not denied, because on April 15, 2011 in the barn area of Finger Lakes race track, a licensed thoroughbred race track: 1. You were in possession of eight (8) hypodermic needles and syringes, and a vial of injectable Vitamin K, in violation of paragraph (1), subdivision (a) of § 4012.1; and 2. You were in possession of a bottle of injectable Clenbuterol, a drug which has not been approved for use in horses by the Food and Drug Administration, in violation of paragraph (2), subdivisions (a) of 9(E) NYCRR § 4012.1. FINDINGS AND ORDER, Kristen M. Buckley, March 7, 2012: ORDERED, that Mr. Monserrate’s license in thoroughbred racing is hereby revoked and that a fine of two-thousand and five-hundred dollars ($2,500) is hereby assessed; and it is further; ORDERED, that Mr. Monserrate is prohibited from obtaining any new license from the New York State Racing and Wagering Board for a period of two (2) years from the revocation of his license; and ORDERED, that 105 days previously served be credited to offset Mr. Monserrate’s two-year penalty; and ORDERED, that during such time that he is unlicensed, Mr. Monserrate 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) during his suspension is owned or trained by him or by any individual who serves as his agent or employee; or (b) for which during his suspension he 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.
Suspended: 03/07/2012 to 11/21/2013 (625 days)
Fined: $2500.00

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