Gaming Commission Rulings Database
| Licensee: CHRISTOPHER W. OAKES |
| Licensed As: TRAINER |
| Notice Number: MO 12-2020 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 03/10/2020 |
| Status: COMMISSION INITIATED |
| Ruling Type: Indefinite Suspension |
| Rule(s): 4119.7; 4120.17 |
| Ruling Text: PLEASE TAKE NOTICE that your occupational licenses to participate in pari-mutuel racing as an owner, trainer, assistant trainer, veterinarian or otherwise are hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including but not limited to license suspension or revocation and the imposition of a fine not to exceed $25,000 for each incident.
YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 9:00 a.m. on Wednesday, March 18, 2020, at Commission offices located at One Broadway Center, Suite 500, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf.
This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 220, 245 and 250 (with respect to Thoroughbred licensees) and Racing Law §§ 309, 310 and 321 (with respect to harness licensees) and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action because your continued participation in racing is a potential cause of public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York state and have an adverse effect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter.
The disposition of these matters may result in the revocation or suspension of your license or licenses, your exclusion from all racetracks in New York State and the imposition of fines. In particular, at the scheduled and any adjourned dates of your hearing you are notified that, pursuant to Racing Law §§ 220 and 250 (with respect to Thoroughbred licensees) or §§ 309 and 321 (with respect to harness licensees), Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, Commission Counsel may advocate that you should each be fined in an amount not exceeding $25,000 per violation and have your license or licenses to participate in pari-mutuel racing suspended or revoked and that you should be excluded from all New York State racetracks whether as a licensee, participant, or patron pursuant to Racing Law § 220(2) and 9 NYCRR § 4042.1(f) (with respect to Thoroughbred licensees) or Racing Law § 321 and 9 NYCRR § 4119.7 (with respect to harness licensees) of the Racing Law (with respect to harness licensees) and the applicable Commission rules at 9 NYCRR, in that:
Henry Argueta, Alexander Chan, Jorge Navarro, Christopher Oakes, Jason Servis, Nicholas Surick and Michael Tannuzzo participated in widespread criminal schemes to provide and cause illegal drugs to be used by racehorses from on or about January 2018 to February 2020. Rick Dane Jr. and Kristian Rhein participated in such schemes from August 2013 to October 2019 (Dane) or April to September 2019 (Rhein). In furtherance of these schemes (except by Argueta), PEDs were misbranded and adulterated and shipped unlawfully in interstate transport in violation of federal criminal law for the purpose of illegally drugging racehorses. Navarro, Oakes, Servis (assisted by Argueta) and Surick administered blood doping agents capable of abnormally enhancing the oxygenation of body tissues to racehorses in violation of 9 NYCRR § 4043.12 (Thoroughbred) or 9 NYCRR § 4120.17 (harness), as the case may be, that were under their custody, control and care. Surick helped Navarro treat a horse with shock wave therapy in violation 9 NYCRR § 4043.14. Chan, Servis and Surick falsified records to conceal these crimes and rule violations.
Commission Counsel may advocate that the horses that were raced in violation of Part 4043 or 4120, as set forth above, shall be disqualified from each such race and from any share of the purse in such races, and such shares shall be redistributed among the remaining horses in the race entitled to the same, pursuant to the foregoing statutes and rules.
PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 245 and 321 of the Racing Law, Article 3 of the State Administrative Procedure Act and Part 4550 of 9 NYCRR.
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons and people who are not English language proficient at no charge but should be requested in writing at least one week before the hearing date, or as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This shall be a de novo hearing that may result in the imposition of any legally available penalty including a license suspension or revocation and a fine not to exceed $25,000.
PLEASE TAKE NOTICE that unless you object before the hearing date, the Commission may conduct your hearing using live video conferencing that allows you and each other witness to participate and testify from another location that might be more convenient. To object to live video conferencing, you must contact the hearing officer with concurrent notice to the assigned counsel. The Hearing Officer will determine, after an opportunity for the parties to be heard, whether or not to use live video conferencing. If you choose to participate in your hearing through video conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the Hearing Officer is afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.
PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of the Hearing Officer for good cause shown upon the request of any party. Requests for adjournments must be submitted as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of March 18, 2020, will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at mhoblock@gmail.com, with concurrent notice to the assigned counsel at rick.goodell@gaming.ny.gov, as soon as possible. Requests for adjournments must be in writing and, after the opposing party has an opportunity to be heard regarding a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default, any appeal you filed and request that you made for a hearing may be deemed withdrawn, and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.
PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you; the suspension or revocation of your occupational license or licenses; the expulsion of you from all pari-mutuel race tracks in New York state; and the disqualification of horses from the races and from any share of the purse in the race in which they participated in violation of Part 4043 or 4120 of 9 NYCRR. |
| Suspension Begins: |
Note that the above data is current as of 7:22 AM EDT, Tuesday, April 16, 2024 and subject to change as more information becomes available.
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