Gaming Commission Rulings Database
| Licensee: BRANDON G. CHARLERIE |
| Licensed As: TRAINER |
| Notice Number: BL 7-2017 |
| Racing Type: Thoroughbred |
| Track: Belmont Park (NYRA) |
| Notice Date: 05/22/2018 |
| Status: CLOSED |
| Ruling Type: Refusal |
| Rule(s): 4002.1(b), 4002.9(a), 4025.4, 4025.6, 4025.12, 4025.15, 4038.1(a), 4042.1(d),(f) |
Ruling Text:
The New York State Gaming Commission (“Commission”) conducted a hearing in this matter pursuant to Section 220(2) of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law), Article 3 of the State Administrative Procedure Act, and Part 4550 of the Commission’s rules at 9 NYCRR after the Steward of the Commission at Belmont Park suspended the license of trainer Brandon Charlerie (“respondent”) for 60 days and referred the matter to the Commission for further action pursuant to 9 NYCRR § 4022.12. The hearing was held to determine whether respondent engaged in improper, corrupt and fraudulent acts and practices in relation to racing, claimed horses on October 28 and November 9, 2016 as a front owner for persons who were not licensed owners, trained the horses when he was not licensed as a trainer, raced the horses as a front owner and with a front trainer, submitted a claim for a horse on August 20, 2017 when he was ineligible by stating falsely that he had started these horses in the current or previous race meeting, and gave false information when interviewed by the Commission in violation of 9 NYCRR §§ 4002.1(b), 4002.9(a), 4025.4, 4025.6, 4025.12, 4025.15, 4038.1(a) and 4042.1(d) and (f).
The Respondent received proper notice and appeared at a hearing conducted on March 15, 2018. The Hearing Officer rendered her report on May 9, 2018, which is attached hereto and incorporated herein.
The Commission met on May 21, 2018, and after due deliberation adopted the Hearing Officer’s findings of fact and conclusions of law with modifications noted below.
THEREFORE, upon the record, the report of the Hearing Officer and the findings and conclusions adopted, as modified, by the Commission, it is hereby,
ORDERED, that respondent is hereby fined in the amount three thousand dollars, his occupational licenses to participate in Thoroughbred racing are revoked, and he shall be ineligible to reapply for a minimum period of three years and until he can establish sufficient character and general fitness to be licensed, which modifies the hearing officer’s penalty recommendation of a revocation of respondent’s assistant trainer, trainer and owner licenses for a minimum period of two years because of the serious and sustained rule violations, misrepresentations and fraud perpetrated by the respondent;
ORDERED, that respondent shall pay his $3,000 fine within 30 days of his receipt of this notice, i.e., by his delinquency date of July 22, 2018, and any failure to make such payment by his delinquency date will result in the assessment of interest and/or late payment charges and may result in other collection charges; and
ORDERED, that unless and until respondent is issued an occupational license by the Commission, respondent 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 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.
ORIGINAL RULING:
Mr. Brandon Charlerie is fined $3000.00 and suspended his license(s) for 60 days and considering further action necessary this matter is also referred to New State Gaming Commission for further action. This penalty is stayed until such time as Commission address the issue of this stay.
Mr. Brandon Charlerie committed an improper, corrupt and fraud act and practice in relation to racing, and committed and attempted to commit fraud and misrepresentation with racing, in that:
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