Gaming Commission

Gaming Commission Rulings Database

Licensee: CHRISTOPHER W. OAKES
Licensed As: TRAINER
Notice Number: YR 51-2011
Racing Type: Harness
Track: Yonkers Raceway
Notice Date: 07/09/2011
Status: CLOSED
Ruling Type: Fine & Suspension
Rule(s): 4120.2(h) and 4120.4
Ruling Text: Your license is suspended for 240 days and you are fined $2,000 because the horse "OK BraveHeart", trained by you, competed in the 2nd race at Yonkers Raceway on March 28, 2011, finished 1st, disqualified and placed 8th, while the drug oxymetazoline was present in its system, which had been administered in violation of Rules 4120.2 (h) and 4120.4. Your horse is disqualified and all purse money is to be returned to Yonkers Raceway . 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 racetracks, 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 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 AGREEMENT - 11/18/11 NOW, upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The New York State Racing and Wagering Board (“Board”) and respondent Christopher Oakes hereby agree to the disposition of his pending matter as set forth herein; 2. Christopher Oakes withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational license(s) to participate in pari-mutuel racing and fines, because the horse " OK Braveheart," trained by him, competed in the 2nd race at Yonkers Raceway on March 28, 2011 with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) and 4120.4. 3. Respondent agrees that he shall pay a total fine of One Thousand Dollars ($1,000) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of one hundred five (105) days, beginning on November 18, 2011; to wit, from November 18, 2011 to March 1, 2012, inclusive. 4. Respondent agrees that during his period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or related payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by him, or by any individual who serves as his agent or employee, during his suspension; or (b) for which he during his suspension is involved, directly or indirectly, with its training, including any arrangement made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any part of its racing or training. 5. Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid. The Board acknowledges that respondent has already paid the initial fine of two thousand dollars ($2,000) and that the Board will promptly remit the difference of one thousand dollars ($1,000) to him. 6. Respondent 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 this matter, in any state or federal court or other forum. 7. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his participation in racing is conditioned upon his compliance with this agreement. 8. This Settlement Agreement represents the full, final and complete agreement between Respondent and Office of Board Counsel and the resolution of this matte. It may be individually executed and read collectively as though each party had signed the same original.
Suspended: 11/18/2011 to 03/01/2012 (105 days)
Fined: $1000.00

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