Gaming Commission Rulings Database
| Licensee: VIRGIL V. MORGAN JR |
| Licensed As: TRAINER |
| Notice Number: YR 18-2009 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 02/06/2009 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2 & 4120.4 |
| Ruling Text: You were the trainer of record for the horse, #1(Friday Nite Lights), that raced on 11/03/2008 at Yonkers Raceway and tested positive for tramadol. The horse is disqualified from the “1st Place” finish (placed 8th), and all purse money earned by the horse on that day is to be returned. ORDERED, that during the period of suspension, respondent shall not directly or indirectly participate in New York State pari-mutuel horse racing, he shall be denied the privileges and use of the grounds of New York State race tracks, and he shall be forbidden to participate in any share of purses. In addition, every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by respondent NAME during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle. STIPULATION OF SETTLEMENT, December 18, 2009, William Sekellick: the parties agree to settle this matter as follows: 1. The Respondent withdraws his appeal of Notice of Discipline YR # 18-2009. 2. The Respondent takes full responsibility pursuant to Rule §4120.4 for allowing “Friday Nite Lights,” to compete in the 9th race at Yonkers Raceway on November 3, 2008, with the drug “Tramadol” in its bodily system, having been administered within Seven (7) Days thereof in violation of 9(E) NYCRR § 4120.2(h); and 3. In full satisfaction of the above violation, the Respondent’s shall be suspended for 90 days and pay a $500.00 fine. The suspension shall begin on January 1, 2010. He shall be eligible to participate on April 1, 2010, with conditions which shall include consent to inspection and regular disclosure of veterinarian treatment, medication, and billing records for all horses trained or owned by him that compete in New York State from January 1, 2010 to December 31, 2010. 4. The fine shall be paid within 15 days of the date of this stipulation. If the fine is not paid on time, Respondent shall not be eligible to participate until the fine is paid, and unpaid fines are subject to the imposition of penalties and interest pursuant to the State Finance Law. 5.. The Respondent agrees that during the period of suspension, he shall not participate in New York State pari-mutuel horse racing, directly or indirectly, and that he shall be denied the privileges and use of the grounds of New York State racetracks. Horses owned or trained by Respondent or those employees or agents who continue to serve as his agents or employees shall not, during such period of suspension, be allowed to participate in pari-mutuel racing and shall be denied the privileges of the grounds. 6. Respondent waives his right with respect to these matters to bring a judicial challenge to any of the actions of the Board, its members, agents, or employees, in any state or federal court or other forum, and to any further administrative proceeding. |
| Suspended: 01/01/2010 to 04/01/2010 (90 days) |
| Fined: $500.00 |
Note that the above data is current as of 6:47 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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