Gaming Commission

Gaming Commission Rulings Database

Licensee: BRETT R. SMITH *
Licensed As: TRAINER
Notice Number: SR 71-2008
Racing Type: Harness
Track: Saratoga Gaming & Raceway
Notice Date: 10/02/2008
Ruling Type: Fine & Suspension
Rule(s): 4120.2, 4120.5
Ruling Text: On August 20, 2008, the horse(Speeding David) trained by you, raced in the 5th race and finished second. The post race test sample contained flunixin. The horse is disqualified from the 2nd place finish and all purse money earned by the horse on that particular night is to be returned. During respondent's period of suspension, 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 (i) that is owned or trained by respondent, or by those employees or agents who continue to serve as his or her agents or employees during such period of suspension, or (ii) 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 agents or employees of respondent, who are not serving as such during the period of his or her suspension, from participating in pari-mutuel racing as owners, trainers, and grooms, as long as they are licensed and perform those duties consistent with the rules and regulations of the State of New York. This is the 1st offense of this nature within the past year.
Suspended: 10/15/2008 to 10/21/2008 (7 days)
Fined: $250.00

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