Gaming Commission Rulings Database
| Licensee: WILLIAM I. MOTT |
| Licensed As: TRAINER |
| Notice Number: AQ 6-2015 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 06/29/2018 |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.2 4043.4 4043.5 4022.12 4022.13 |
| Ruling Text: Having received a report from the NYS Gaming Commission Drug Testing laboratory for the finding of the drug "Flunixin" and an overage of "Furosemide" in the body fluid from horse "Saratoga Snacks" who finished 6th in the 4th on September 20, 2014. Trainer William I Mott is hereby suspended 15 days and fined $1000.00. Horse Saratoga Snacks is hereby disqualified from any share of the purse money and unplaced in the order of finish. Having appealed a stay has been granted.
***ADMINISTRATIVE HEARING-FINDINGS AND ORDER****
Respondent, William I. Mott, requested a hearing in regard to the January 23, 2015 ruling of the New York State Gaming Commission (“Commission”) Steward that imposed a $1,000 fine and 15-day suspension of his occupational license, based on equine drug violations of 9 NYCRR §§ 4043.2 and 4043.4 involving furosemide and flunixin when the horse Saratoga Snacks, trained by Respondent, competing in the 4th race at Belmont Park on September 20, 2014. The Commission Steward also disqualified Saratoga Snacks from such race and ordered redistribution of the purse pursuant to 9 NYCRR § 4043.5. The hearing was delayed when Respondent initiated a federal court action and was granted a stay of the agency hearing until the federal lawsuit was dismissed on March 31, 2016. The hearing was further delayed when Respondent initiated a state court action, until the state court denied his request for a temporary restraining order and preliminary injunction on November 21, 2016.
A hearing was conducted upon a Notice of Hearing issued by the Commission that alleged Respondent was fined $1,000 and his license was suspended for 15 days because the horse Saratoga Snacks, trained by him, competed in the 4th race at Belmont Park on September 20, 2014 when
for which he was responsible as trainer pursuant to 9 NYCRR § 4043.4.
Respondent received proper notice and appeared and participated with counsel in such hearings, which were conducted on January 30, May 10, 11, 12, July 19, 20, and August 11, 2017. The parties requested and exercised the opportunity to present post-hearing briefs. The Hearing Officer rendered his report on January 10, 2018, which is attached and incorporated in this Findings and Order. The Commission met on January 22, 2018 and after due deliberation adopted the Hearing Officer’s findings of fact and conclusions of law.
THEREFORE, based upon the entire record, including, without limitation, the evidence specifically relied upon by the hearing officer, the Hearing report* and the fact findings and conclusions adopted herein, it is hereby
ORDERED, that Respondent William I. Mott violated 9 NYCRR §§ 4043.2(d)(1) and 4043.2(e)(14) in that the horse Saratoga Snacks, trained by him, competed in the 4th race at Belmont Park on September 20, 2014 when the drug flunixin had been administered, whether by intravenous injection within 24 hours or by other means within 48 hours of the scheduled post time of the race, for which he was responsible as trainer pursuant to 9 NYCRR §§ 4043.4;
ORDERED, that for such violation Respondent William I. Mott is hereby fined $1,000 and his occupational license is suspended for 15 days;
ORDERED, that the suspension of Respondent William I. Mott shall be effective at the discretion of the Commission Steward at the New York State track where respondent participates;
ORDERED, that during his period of suspension, Respondent William I. Mott shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. This restriction includes that the privileges of the grounds and permission to participate in pari-mutuel racing in New York State shall be denied to any horse that during the period of respondent’s suspension is owned or trained by respondent, or by any individual who serves as respondent’s agent or employee, or for which respondent is directly or indirectly involved in any arrangement to train, enter, start, care for, record activities or expenses, invoice or collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist in relation to any aspect of the possession and training of the horse;
ORDERED, that Respondent William I. Mott shall pay his $1,000 fine within 30 days of his receipt of this notice (i.e., by his delinquency date of February 22, 2018) and any failure to make such payment by his delinquency date will result in the assessment of interest and/or a late payment charges and may result in other collection charges; and
ORDERED, there is no finding of an administration of furosemide in violation of 9 NYCRR §§ 4043.2(e)(5) and 4043.2(b)(6) before the horse Saratoga Snacks, trained by Respondent, competed in the 4th race at Belmont Park on September 20, 2014.
***AMENDED ORDER****
The New York State Gaming Commission (“Commission”) issued a Findings and Order in this matter dated January 23, 2018, which found that Respondent, William I. Mott, violated 9 NYCRR §§ 4043.2(d)(1) and 4043.2(e)(14) in that the horse Saratoga Snacks, trained by him, competed in the 4th race at Belmont Park on September 20, 2014 when the drug flunixin had been administered to Saratoga Snacks, whether by intravenous injection within 24 hours or by other means within 48 hours of the scheduled post time of the race, for which Respondent was responsible as trainer pursuant to 9 NYCRR §§ 4043.4 and set forth penalties for such violation. Such penalties were stayed by the Supreme Court of the State of New York, Schenectady County, in connection with the case styled as William I. Mott v. Eric T. Schneiderman, et al, Index No. 2016-2757. Respondent also filed a separate challenge to the Commission’s January 23, 2018 Findings and Order, styled as Matter of William I. Mott v. New York State Gaming Commission, Index No. 2018-912, also venued in Supreme Court, Schenectady County. Respondent, the Commission and the other defendants in the case bearing Index Number 2016-2757 thereafter stipulated to a settlement and discontinuance of such action, wherein Respondent agreed to discontinue all actions and proceedings against the Commission and the other defendants, including the special proceeding under Index Number 2018-912, and the parties agree to amend the Commission’s Order in this matter as set forth in this Amended Order.
THEREFORE, it is hereby
ORDERED, that the Findings and Order in this matter (AQ 6-2015) is amended to provide penalties as follow: Respondent William I. Mott is hereby fined $1,000 and his occupational license is suspended for 15 days. Respondent shall serve seven days of such suspension, to be assigned by the State Steward, and the remaining eight days shall be suspended, subject to the provisions herein for a period of one year following the last day of the seven days that Respondent serves of his suspension. Respondent agrees that in the event any horse trained by him has an equine drug positive either in the State of New York (or in any jurisdiction in which the Commission recognizes reciprocity for equine drug violations) for which Respondent is responsible pursuant to applicable law, rules and regulations for a race occurring within one year of the last day of the seven days that Respondent serves of the suspension set forth herein, and after Respondent has exhausted all of his rights to challenge the validity of such equine drug positive, then in addition to the penalty that the Commission may assess for the new equine drug positive, if such equine drug positive occurs in the State of New York, Respondent shall serve also the eight suspended days described herein, the imposition of which Respondent agrees shall not be subject to any appeal or other challenge, such additional eight days of suspension to be assigned by the State Steward. In the event that no horse trained by Respondent has an equine drug positive in the State of New York (or in any jurisdiction in which the Commission recognizes reciprocity for equine drug violations) for which Respondent is responsible within one year of the last day of the seven days that Respondent serves of the suspension set forth herein, then Respondent shall not serve any of the remaining eight days of the suspension described herein;
ORDERED, that the suspension of Respondent William I. Mott shall be effective at the discretion of the State Steward at the New York State track where respondent participates;
ORDERED, that during his period of suspension, Respondent William I. Mott shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other 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 Respondent, or by any individual who serves as the agent or employee of Respondent, during the suspension of Respondent, or (b) for which Respondent, during his suspension, is involved, directly or indirectly, with its training, including but not limited any arrangements made to care for, train, enter, race, invoice or collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the training of such horse; and
ORDERED, that the Findings and Order in this matter (AQ 6-2015) is amended to provide the payment of the fine as follows: Respondent William I. Mott shall pay his $1,000 fine on or before July 29, 2018, and any failure to make such payment by July 29, 2018 will result in the assessment of interest and/or a late payment charges as determined and assessed by the Commission and may result in other collection charges. |
| Suspended: 07/05/2018 to 07/11/2018 (7 days) |
| Fined: $1000.00 |
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