Gaming Commission

***********************************AMENDED RULING*****************************************************************************

 

Whereas the State Steward having fined VICTOR ESPINOZA the sum of $15,000 pursuant to 9 NYCRR §§ 4022.13 and 4022.21 for violation of 9 NYCRR § 4041.6 and N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 219, for wearing advertising without permission and wearing promotional material without permission on August 29, 2015, during the running of the Travers Stakes, and after being denied permission to do so and having been specifically instructed not to do so by the stewards; and Whereas an appeal to the Commission having been timely filed; and  Whereas Victor Espinoza , by his attorney, Andrew Mollica, Esq., having conferred with Gaming Commission Assistant Counsel William Sekellick, and having represented that Victor Espinoza had donated all of his proceeds from his 2015 triple crown and Travers participation to charity and there being other mitigating circumstances; it is hereby Stipulated as follows: Victor Espinoza shall withdraw his appeal; and Victor Espinoza shall pay $2,500 of the $15,000 fine within 15 days of the execution of this stipulation; and  The remaining $12,500 of the fine shall be suspended for two years from the date of this stipulation, unless within such two-year period Victor Espinoza violates either Rule §4041.6 or N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 219 by, for example, wearing unauthorized advertising or promotional material, including his name, or if he ignores or refuses to follow the direction of the Stewards in regard to the wearing or display of such material, in which case such remaining $12,500 fine shall become due and payable to the Commission.   Dated:  October 23, 2015

 

 DATED:  SCHENECTADY, NEW YORK