Gaming Commission Rulings Database
| Licensee: ARNOLD B. MARKS |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 3-2016 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 10/17/2016 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4120.17(c)(1)(i), 4120.4(a) |
| Ruling Text: ***AMENDED RULING-STIPULATION OF SETTLEMENT***
WHEREAS, the New York State Gaming Commission (“Commission”) ordered respondent Arnold Marks (“respondent”) to appear at a hearing before the Commission to determine whether he should be fined and his licenses to participate in pari-mutuel wagering should be suspended or revoked for the presence at a New York racetrack of an impermissible blood doping agent in a horse that he trained, pursuant to 9 NYCRR §§ 4120.17(c)(1)(i) and 4120.4(a) and New York State Racing, Pari-Mutuel Wagering and Breeding Law §§ 309(2), 310 and 321;
WHEREAS, respondent participated by his attorney in hearings conducted on April 20 and May 9, 2016, and was granted an adjournment of hearings scheduled for September 10-12, 2016;
WHEREAS, respondent has subsequently reached an agreement whereby the respondent waives the completion of such hearing process and accepts the disposition set forth below; and
WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed;
NOW, upon the mutual promises and considerations set forth in this Stipulation of Settlement, the parties hereby agree to settle this matter as follows:
1. The New York State Gaming Commission and respondent Arnold Marks agree to the disposition of the pending matter as set forth herein.
2. Respondent Arnold Marks waives the completion of the hearing process to determine the underlying charges that the Commission ordered him to answer and understands that he is being penalized as set forth in detail herein, including with a revocation of his occupational licenses to participate in pari-mutuel racing because a horse under his care and control for purposes of training, “Hot List,” on the grounds of Monticello Raceway on June 23, 2015, contained a blood doping agent that had been administered to and was present in “Hot List” in violation of 9 NYCRR § 4120.17(c)(1)(i), for which he was responsible pursuant to 9 NYCRR § 4120.4(a), to wit, a blood sample collected from such horse contained a non-equine erythropoietin protein capable of abnormally oxygenating the horse’s body tissues.
3. Respondent understands that the Commission, as and for a penalty, shall revoke the occupational licenses of respondent.
4. Respondent represents and agrees that during his revocation he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that while revoked respondent shall be denied the privileges and use of the grounds of New York State racetracks, is forbidden to participate in any share of purses from New York State pari-mutuel races, and shall not handle arrangements with any horse owner or other person for the care, training, or entry of any horse, or for the invoicing, collecting of fees or other payments or employment of workers who assist in caring for or training any horse, or any other arrangement incidental to caring for or training any horse that during his revocation participates in New York State racing. Respondent further represents and agrees that no horses shall participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving as respondent’s agent or employee while respondent’s occupational licenses are revoked.
5. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Gaming Commission, its members, agents, or employees, with respect to this case, 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.
6. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. Respondent understands that his future participation in racing is conditioned upon his compliance with this agreement.
7. This settlement agreement represents the full, final and complete resolution of this matter.
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Note that the above data is current as of 11:32 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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