Gaming Commission Rulings Database
Licensee: MIKE A. GONZALEZ |
Licensed As: JOCKEY AGENT |
Notice Number: MO 137-2016 |
Racing Type: Thoroughbred |
Track: Main Office |
Notice Date: 01/26/2017 |
Status: CLOSED |
Ruling Type: Finding & Order |
Rule(s): 4042.1(a) and 4002.9 |
Ruling Text: ************FINDINGS AND ORDER*************
THE NEW YORK STATE GAMING COMMISSION conducted a hearing pursuant to Section 220(3) of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law), Article 3 of the State Administrative Procedure Act and 9 NYCRR, Part 4550 (Rules), to determine whether the license of Respondent, Mike A. Gonzalez, a/k/a, Miguel A. Gonzalez, a/k/a Manuel Gonzalez, to participate in Thoroughbred racing in New York State should be revoked and whether he should be fined an amount not exceeding $25,000 per violation because he made unlawful payments to a New York Racing Association (NYRA) employee between January 2, 2014 to April 1, 2015 to obtain unlawful use of the employee’s login and password to access NYRA’s InCompass computer system on 170 different occasions, and his experience, character and general fitness are such that his participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally, pursuant to Section §220(2) of the Racing Law and 9 NYCRR § 4002.8, and § 4002.9, and for violations of racing rules as set forth in 9 NYCRR § § 4042.1(a) and (f).
The Respondent received proper notice and appeared personally and was represented by an attorney at a hearing conducted on October 11, 2016. The Hearing Officer rendered her report on December 8, 2016, which is attached hereto and incorporated herein.
THE COMMISSION, after due deliberation, having met on January 23, 2017 and adopted the Hearing Officer’s findings of facts and conclusions of law with regard to the conduct of Respondent and, based upon the severity of the misconduct and the relation of the misconduct to integrity in racing increased the recommended punishment to a fine of $25,000, revocation of the respondent’s license and ineligibility to reapply for a license for a period of 10 years, pursuant to Racing Law Section §220(2) and 9 NYCRR § 4002.9 for violation of 9 NYCRR § 4042.1(a).
THEREFORE, upon the record, the Report of the Hearing Officer and the findings and conclusions adopted herein; it is hereby
ORDERED, that the Respondent is fined $25,000, his license to participate in Thoroughbred racing in New York State is revoked and he is restricted from applying for a new license for a period of no less than 10 years.
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