Gaming Commission Rulings Database
| Licensee: YVES CORBIN |
| Licensed As: GROOM |
| Notice Number: MO 30-2006 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 01/27/2006 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): |
| Ruling Text: ORDER TO SHOW CAUSE why your license to participate in harness racing as a trainer should not be suspended and/or revoked an/or fines imposed. STIPULATION OF SETTLEMENT, Rick Goodell, August 31, 2008: Upon the mutual promises and considerations set forth in this Stipulation of Settlement, the parties agree to settle this matter as follows: 1. Yves Corbin understands that he is being penalized for acting as front trainer for Timothy D. Case in May 2005 in violation of 9 NYCRR §§ 4119.7(a)(3, 5), 4119.7(b), and 4119.10; trainer of record of the horse “Fox Valley Assault” which raced in the 11th race at Monticello Racetrack on June 28, 2005 after the drug bumetanide had been administered in violation of 9 NYCRR §§ 4120.2 and 4120.4; and trainer of the horse “Tittilations” which raced in the 1st race at Monticello Racetrack on April 16, 2008 after the drug flunixin had been administered in violation of 9 NYCRR §§ 4120.2 and 4120.4; and he agrees: (a) that he knew that the harness trainer license of Timothy D. Case to participate in pari-mutuel racing was suspended by the New York State Racing and Wagering Board (hereinafter “Board”) because of equine post-race drug positives incurred by Mr. Case (YR 31/05) for a period of 90 days starting on or about April 26, 2005; that during this suspension period Mr. Case was forbidden to participate in New York State pari-mutuel horse racing, directly or indirectly, including by training horses himself or through persons who continued to serve as his agents or employees during his suspension; that Yves Corbin helped Mr. Case to participate in pari-mutuel racing in New York State in violation of such terms and conditions by acting as his front trainer during May 2005, as horses that Yves Corbin raced as trainer at Yonkers Raceway and Monticello Raceway in May 2005 were horses that Mr. Case continued to train; and that such conduct of Yves Corbin was a violation of Board rules prohibiting a conspiracy by which an unlicensed person participates as a trainer in New York State pari-mutuel racing by using a front trainer who falsely represents himself to be the horses’ trainer, to wit, 9 NYCRR §§ 4119.7(a)(3, 5), 4119.7(b), and 4119.10; (b) that he was the trainer of record when the horse “Fox Valley Assault” raced in the 11th race at Monticello Racetrack on June 28, 2005 after the drug bumetanide had been administered too close to its race time, in violation of 9 NYCRR §§ 4120.2 and 4120.4; and (c) that the horse “Tittilations,” trained by him, raced in the 1st race at Monticello Racetrack on April 16, 2008 after the drug flunixin had been administered too close to its race time, in violation of 9 NYCRR §§ 4120.2 and 4120.4. 2. Yves Corbin agrees to a fine of $1000 and to serve concurrent suspensions of his occupational license(s) to participate in racing in New York State for a total of 12 months, including 12 months for acting as a front trainer and 90 days for each equine drug positives except that his $1000 fine and the final six (6) months of his suspension period shall be stayed, and thereafter discharged, provided that during the two (2) years from the outset of his suspension period Yves Corbin not commit any significant violation of Board Rules (including any violation of Board equine drug rules) and that he comply with the terms of this Stipulation of Settlement. His suspension and probationary periods shall simultaneously begin on September 4, 2008 at 12:01 a.m. 3. While his license is suspended, Yves Corbin understands and agrees that he shall not participate in New York State pari-mutuel horse racing, directly or indirectly, he shall be denied the privileges and use of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of purses. Every horse shall not participate in pari-mutuel racing, and is denied the privileges of the grounds, that is owned or trained by respondent or by anyone who continues to serve as his agent or employee during such period of suspension, or for which respondent is making arrangements with any owner, directly or indirectly, to care for, train, enter in races, invoice, collect fees or other payments, employ workers, or otherwise handle the horse. This shall not preclude previous agents or employees of respondent, who are not serving as such during his suspension period, from participating in pari-mutuel racing as owners, trainers, and grooms provided they are licensed and perform their duties consistent with this settlement agreement and with the rules and regulations of the State of New York. 4. Yves Corbin 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 these cases in any state or federal court or other forum, except to the extent that he seeks to enforce the terms and conditions of this Stipulation of Settlement. 5. Yves Corbin has read all of the above conditions and understands, agrees to comply with this agreement, and understands that his participation in racing is conditioned upon his compliance with this agreement. 6. This settlement agreement represents the full, final and complete resolution of the referenced matters and may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 09/04/2008 to 03/04/2009 ( days) |
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