Gaming Commission

1. Respondent hereby withdraws his appeal of ruling FL 31-2015 with prejudice, acknowledges his trainer’s responsibility for the pending charges, and understands that he is being penalized as set forth in detail herein, including a fine and a suspension of his occupational license(s) to participate in pari-mutuel racing because five (5) horses trained by him, were found to have post-race positive findings in body fluid samples for the drug orphenadrine, which was administered within seven (7) days of each respective race in violation of Rule §4043.2(h) and as follows:
1. “My Honey Laurie” which finished 1st in the third race on July 18, 2015; and
2. “Ms Eileen” which finished 2nd in the eighth race on July 27, 2015; and
3. “I the Pappy Boss” which finished 2nd in the sixth race on August 10, 2015; and
4. “Tinasutopianvision” which finished 1st in the eighth race on August 13, 2015; and
5. “Ta Bueno” which finished 3rd in the fifth race on August 15, 2015; and

2. Respondent agrees to pay a fine of $2,500.00 within 15 days of the execution of this stipulation; and

3. Respondent further agrees that he shall serve a suspension(s) of his occupational license(s) to participate in racing in New York State for a period of six (6) months, beginning on April 1, 2016 and ending on October 1, 2016; and

4. Respondent agrees and shall not contest previous rulings of the above horses having been disqualified from any part of the purses and the purses having been distributed; and

5. Respondent agrees that during his suspension he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that this suspension includes but is not limited to the following:  he shall be denied the privileges and use of the grounds of New York State racetracks; he is forbidden to participate in any share of purses from New York State pari-mutuel races; he may not, during his period of suspension, handle arrangements with any horse owner for the care, training, or entry of any horse, or for the invoicing, collecting of fees or other payments, or employment of workers who assist in caring for or training any horse, or any other arrangement incidental to caring for or training any horse that during his suspension participates in New York State racing; and no horses may participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving during this suspension period as respondent’s agent or employee.

6. Respondent has read all of the above conditions and understands and agrees to comply with these conditions.  Respondent understands that his participation in racing is conditioned upon his compliance with this agreement.

7. This settlement agreement represents the full, final and complete resolution of this matter.