Gaming Commission

Gaming Commission Rulings Database

Licensee: TODD A. PLETCHER
Licensed As: TRAINER
Notice Number: BL 1-2023
Racing Type: Thoroughbred
Track: Belmont Park (NYRA)
Notice Date: 05/11/2023
Ruling Type: Fine & Suspension
Rule(s): 4043.2(d), 4043.4, 4043.5, 4022.12, 4022.13
Ruling Text:
Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Meloxicam in the post-race sample taken from horse "Forte" (#2), which finished 1st in the 11th race at Saratoga Race Course on September 5, 2022, trainer Todd Pletcher is fined the sum of one thousand ($1,000) dollars and suspended ten calendar days having appealed a stay has been granted.
 
Furthermore, the Stewards order horse "Forte" disqualified from any part of the purse and the purse redistributed as follows:
 
1. (#4) Gulfport
2. (#6) Blazing Sevens
3. (#5) Mo Strike
4. (#3) Bourbon Bash
5. (#1) Western Ghent
 
During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privilages and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privilages of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or otherwise assist with any aspect of the training of such horses.
 
FINDINGS & ORDER
BL 1-2023
 
The New York State Gaming Commission (“Commission”) conducted a joint hearing, as requested by
 
      1. Licensee/trainer Todd A. Pletcher (“Respondent Pletcher”) in regard to the ruling of discipline against Respondent Pletcher issued in Notice Number BL 1-2023 dated May 11, 2023, which included the Commission’s fine of $1,000 and a suspension from participating in pari-mutuel Thoroughbred racing for 10 calendar days based on a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Meloxicam in the post-race sample taken from horse Forte, after Forte finished 1st in the 11th race at Saratoga Race Course on September 5, 2022, and
      2. Licensee/owner Michael Repole (“Contestant Repole”) to contest the disqualification of the horse Forte from the 11th race held at Saratoga Race Course on September 5, 2022, as such disqualification was set forth in the ruling issued in Notice Number BL 1-2023 dated May 11, 2023,
 
after Respondent Pletcher and Contestant Repole received the Commission’s notice of such violation and disqualification. The violation notice cited 9 NYCRR §§ 4022.12, 4022.13, 4043.2(d), 4043.4, and 4043.5.
 
Pursuant to the Notice of Joint Hearing dated June 20, 2023, each owner representative of any other horse that competed in the 11th race at Saratoga Race Course on September 5, 2022, was also provided the Notice of Joint Hearing dated June 20, 2023. Each such other owner representative was offered the opportunity to appear in the contest of the disqualification of Forte as an intervenor. Ludolph W. Heiligbrodt (“Intervenor Heiligbrodt”), the owner representative for the horse Gulfport, intervened in the joint hearing.
 
Respondent, Contestant, and Intervenor Heiligbrodt received proper notice of, and participated in, a hearing conducted in-person and by video conference on July 20, 2023. The hearing was conducted on the grounds set forth in the Notice of Joint Hearing dated June 20, 2023.
 
The Hearing Officer submitted a Hearing Officer Report and Recommendation dated September 30, 2023, (the “Report”) to the Commission for deliberation, received by the Commission on October 1, 2023.
 
The Commission met on December 4, 2023, and after consideration and due deliberation of the entire record, adopted the Hearing Officer’s findings of fact and conclusions of law in the Report.
 
THEREFORE, based upon the entire record (including, without limitation, the evidence specifically relied upon by the Hearing Officer), the Report, and the findings and conclusions adopted by the Commission, it is hereby
 
ORDERED, that Respondent Pletcher is fined $1,000, and Respondent Pletcher’s Commission-issued license (# 1479229) is suspended for 10 calendar days, to be assigned by the State Steward, during which time Respondent shall not directly or indirectly participate in New York pari-mutuel racing or wagering as a trainer;
 
ORDERED, that Respondent Pletcher shall pay the $1,000 fine within 30 days of Respondent Pletcher’s receipt of this notice, which is deemed to have occurred five days after the date of this notice, pursuant to New York’s State Finance Law § 18. Any failure to make such payment by such date will result in the assessment of interest or a later payment charge and may result in a charge to cover the cost of processing, handling, and collecting such debt; and
 
ORDERED, that the horse Forte is disqualified from the 11th race held at Saratoga Race Course on September 5, 2022 and all purse monies from that race shall be distributed accordingly.
 
 
 
DATED: SCHENECTADY, NEW YORK
December 4, 2023
 
FOR THE NEW YORK STATE
GAMING COMMISSION:
     
 
Kristen M. Buckley, Acting Secretary
 
 
Suspended: to (10 days)
Fined: $1000.00

Note that the above data is current as of 7:13 AM EDT, Monday, May 06, 2024 and subject to change as more information becomes available.

The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.