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  #41  
Old 10-08-2007, 02:42 PM
parsixfarms parsixfarms is offline
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Quote:
Originally Posted by Pedigree Ann
The vet supposedly has more complete and specific knowledge of the effects of using these medications, given his education and training. Moreover, his profession is supposed to have the goal of maintaining health in the animals, not giving them 'quick fixes' so they can run. The vet takes an oath like a doctor and should be a first line of defense against crooked trainers wanting an edge. I would guess that is the reason they came down hard on the vet (who can go work on show horses or cows, if he wants to now. He won't be totally out of business, like Biancone will be.)
They both deserve to be totally out of business.
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  #42  
Old 10-08-2007, 02:51 PM
parsixfarms parsixfarms is offline
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Did the comments attributed to Alan Foreman in yesterday's story in DRF strike anyone else the wrong way? Here's a guy who is retained (and very well-paid) counsel to many of the horseman's organizations around the country - and he's out there defending a guy like Biancone with "the dog ate my homework"/"I thought it was flaxseed oil"-type excuses and suggesting that a mere fine was in order in this case. His comments are an insult to those that believe drugs are a serious problem in the sport. I don't begrudge anyone making a living, but it seems to me that, given the vast number of honest horseman that Mr. Foreman represents, Biancone was not a client that he needed to take on.
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  #43  
Old 10-08-2007, 03:11 PM
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Quote:
Originally Posted by parsixfarms
Did the comments attributed to Alan Foreman in yesterday's story in DRF strike anyone else the wrong way? Here's a guy who is retained (and very well-paid) counsel to many of the horseman's organizations around the country - and he's out there defending a guy like Biancone with "the dog ate my homework"/"I thought it was flaxseed oil"-type excuses and suggesting that a mere fine was in order in this case. His comments are an insult to those that believe drugs are a serious problem in the sport. I don't begrudge anyone making a living, but it seems to me that, given the vast number of honest horseman that Mr. Foreman represents, Biancone was not a client that he needed to take on.
A lawyer will say anything to get his client off...but I find his anti-KHRA stance ironic in many ways...
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  #44  
Old 10-08-2007, 03:31 PM
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Quote:
Originally Posted by Cannon Shell
A lawyer will say anything to get his client off...but I find his anti-KHRA stance ironic in many ways...

Steve should have this guy on his show...but he probably would be unwilling to face the Mighty BYK!!
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  #45  
Old 10-08-2007, 04:06 PM
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Let's see if California has any balls .... wonder if they mean, "in California only", or nationwide?
------------------

(from DRF recently)
Biancone hit for $10K fine in California
By JAY PRIVMAN
Trainer Patrick Biancone on Wednesday was fined $10,000 and given a suspended sentence of 15 days by Del Mar's stewards for a medication violation that took place at Santa Anita in January.

Biancone was cited for the horse Iron Butterfly, who finished second in the second race on Jan. 7 and subsequently tested positive for the medication salmeterol, a bronchodilator that is considered a Class 3 medication, which have less potential to affect performance than Class 1 or Class 2 medications.

The 15-day suspension was stayed by Del Mar's stewards as long as Biancone does not have any Class 1, 2, or 3 medication violations for one year from the date of the ruling.

Biancone on Wednesday began a 15-day suspension for a drug positive, also for a bronchodilator, incurred in Kentucky.

In addition, Biancone has been under investigation in Kentucky since June, when investigators searched his barns at Keeneland Racecourse, along with the truck of his veterinarian, Dr. Rod Stewart. According to a source close to the investigation who spoke on the condition of anonymity, investigators discovered a vial of the crystalline form of cobra venom - a prohibited substance - during the searches.
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  #46  
Old 10-08-2007, 04:23 PM
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Quote:
Originally Posted by geeker2
Steve should have this guy on his show...but he probably would be unwilling to face the Mighty BYK!!
That would be a victory for the lawyer just getting on the show, though Byk may blast him
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  #47  
Old 10-08-2007, 04:24 PM
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Default bronchodilators

give him a break some of his horses seem to have asthma.
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  #48  
Old 10-08-2007, 04:34 PM
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Quote:
Originally Posted by parsixfarms
Did the comments attributed to Alan Foreman in yesterday's story in DRF strike anyone else the wrong way? Here's a guy who is retained (and very well-paid) counsel to many of the horseman's organizations around the country - and he's out there defending a guy like Biancone with "the dog ate my homework"/"I thought it was flaxseed oil"-type excuses and suggesting that a mere fine was in order in this case. His comments are an insult to those that believe drugs are a serious problem in the sport. I don't begrudge anyone making a living, but it seems to me that, given the vast number of honest horseman that Mr. Foreman represents, Biancone was not a client that he needed to take on.
I found Foreman's comments interesting, but not surprising at all. An attorney is an advocate, and the advocacy comes from who is paying his/her bill.

This case has far reaching ramifications, not only vis a vis the crime and suspension, but also in the enforcement of a new set of rules as it pertains to the financial aspects. That will be extremely interesting and we've seen a few instances similar to this. A trainer gets suspended and based upon the terms and conditions of the suspension, there is nothing that speaks to communicating with owners, collecting monies from training, etc. On the other hand, we've seen a trainer get suspended who received an additional suspension because he communicated with owners (I don't know if the financial aspects had anything to do with this case).

However, be that as it may, the blame -- whether it be in this case or otherwise -- is not clearly defined or quantifiable. Personally, I feel that if you don't have proof -- clear and concrete -- then you can blame nobody other than those who broke the law; and in this case it's the trainer and the vet.

Eric
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  #49  
Old 10-08-2007, 04:36 PM
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Quote:
Originally Posted by Cannon Shell
A lawyer will say anything to get his client off...but I find his anti-KHRA stance ironic in many ways...
I agree wholeheartedly.

As a side note/question -- does anyone know what the KHRA rules are on this violation, if in fact they have any?

Eric
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  #50  
Old 10-08-2007, 04:38 PM
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Quote:
Originally Posted by ELA
I agree wholeheartedly.

As a side note/question -- does anyone know what the KHRA rules are on this violation, if in fact they have any?

Eric
They (KHRA) only show you the rules when you break them
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  #51  
Old 10-08-2007, 04:40 PM
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Quote:
Originally Posted by Bobby Fischer
give him a break some of his horses seem to have asthma.
And severe metabolic cobra venom deficiency.
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  #52  
Old 10-08-2007, 04:42 PM
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Quote:
Originally Posted by ELA
I agree wholeheartedly.

As a side note/question -- does anyone know what the KHRA rules are on this violation, if in fact they have any?

Eric
See post #3 in this thread, which is the link to the RMTC model rules (that KY has adapted) - lists drug classes and suggested penalties. Then search KY.gov for other specific racing rules.
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  #53  
Old 10-08-2007, 04:43 PM
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Quote:
Originally Posted by Cannon Shell
They (KHRA) only show you the rules when you break them
So does anyone other than Biancone, his attorney(s), etc. know whether or not he was eligible for a much longer and/or more severe suspension, penalty, etc.? I would think not. That too is part of the problem here.

Eric
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  #54  
Old 10-08-2007, 05:06 PM
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Quote:
Originally Posted by ELA
So does anyone other than Biancone, his attorney(s), etc. know whether or not he was eligible for a much longer and/or more severe suspension, penalty, etc.? I would think not. That too is part of the problem here.

Eric
Call the KHRA and ask for a rulebook. See what they tell you.
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  #55  
Old 10-08-2007, 06:58 PM
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Quote:
Originally Posted by Cannon Shell
Call the KHRA and ask for a rulebook. See what they tell you.
Hummm .... if there is no "official place of publication or notification" that horsemen are responsible for accessing in order to be aware of current rules and rule changes, seems a technical thing a lawyer could exploit to advantage.
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  #56  
Old 10-09-2007, 08:04 AM
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i was reading the drf article about teuf, and this gem was underneath:

Biancone off to slow start

Trainer Patrick Biancone was handed a one-year suspension for medication violations by the Kentucky stewards just hours before the meet began Friday, and things didn't get any better once the races began. Biancone went winless with his first 12 starters over the three-day opening weekend, including a rash of beaten favorites in major races.
Biancone runners were favored and lost in four of the FallStars Weekend features: Irish Smoke in the Darley Alcibiades, Baroness Thatcher in the Thoroughbred Club of America, Lady of Venice in the First Lady, and Nownownow in the Bourbon.

Still, Biancone had three seconds from the weekend, notably with Slew's Tiznow in the Lane's End Breeders' Futurity and Cosmonaut in the Shadwell Mile. Stable earnings for the meet were $316,278 going into Wednesday.

Biancone has appealed his suspension with the Kentucky Horse Racing Authority. Among his alleged violations is possession of cobra venom, a prohibited Class A substance that can act as a powerful painkiller.

Biancone, the leading trainer at the 2006 fall and 2007 spring meets at Keeneland, wasn't the only trainer to go winless with a slew of starters on opening weekend, as Ken McPeek, who enjoyed a terrific spring meet here, went 0 for 17. The leading trainer is Bill Mott with four wins, followed by Christophe Clement with three.
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  #57  
Old 10-09-2007, 08:05 AM
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Quote:
Originally Posted by Riot
Hummm .... if there is no "official place of publication or notification" that horsemen are responsible for accessing in order to be aware of current rules and rule changes, seems a technical thing a lawyer could exploit to advantage.
ignorance of the law is no excuse


at least, that's what thay say when someone is arrested. maybe it applies here as well.
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  #58  
Old 10-09-2007, 09:10 AM
parsixfarms parsixfarms is offline
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Quote:
Originally Posted by ELA
I found Foreman's comments interesting, but not surprising at all. An attorney is an advocate, and the advocacy comes from who is paying his/her bill.Eric
As an attorney, I'm well aware of a lawyer's obligation to advocate for his client. However, unless required by a court to represent a particular individual, I'm also very aware of the fact that a lawyer is free to pick and choose who his clients are. Unless the horseman's groups that Foreman represents believe that Biancone is being unfairly targeted - or are against stricter penalties for severe violations of the rules (I suspect that neither is the case), to my way of thinking, Foreman has made a poor choice in taking on this "crusade."

At a minimum, his comments suggest that professionally he does not believe in strong deterrents for rule breakers - and these statements come despite the fact that he is a Vice Chair of the Racing Medication and Testing Consortium. See www.rmtcnet.com. I wonder how the other members of an organization that has led the charge in trying to clean up the sport feel about "one of their own" representing Biancone in what is probably the most highly publicized/severe case in the past few years, and advocating for only a fine.
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  #59  
Old 10-09-2007, 01:02 PM
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Quote:
Originally Posted by parsixfarms
As an attorney, I'm well aware of a lawyer's obligation to advocate for his client. However, unless required by a court to represent a particular individual, I'm also very aware of the fact that a lawyer is free to pick and choose who his clients are. Unless the horseman's groups that Foreman represents believe that Biancone is being unfairly targeted - or are against stricter penalties for severe violations of the rules (I suspect that neither is the case), to my way of thinking, Foreman has made a poor choice in taking on this "crusade."

At a minimum, his comments suggest that professionally he does not believe in strong deterrents for rule breakers - and these statements come despite the fact that he is a Vice Chair of the Racing Medication and Testing Consortium. See www.rmtcnet.com. I wonder how the other members of an organization that has led the charge in trying to clean up the sport feel about "one of their own" representing Biancone in what is probably the most highly publicized/severe case in the past few years, and advocating for only a fine.
Ironic isn't it? I guess he cant charge the RMTC $400 an hour.LOL

Real change is always hampered in this industry because so many of the participants are both making substantial amounts of money and designing the rules and regulations. The conflicts of interest are so prevelant that they hardly cause a ripple.

Personally I cant fault or blame racing commissions because they are state agencies filled with political appointees and bound by strict interpretation of the laws. They also must steer clear of situations where a person is seemingly unfairly discriminated against, real or otherwise. My problem is with the owners that blindly support these guys who routinely violate the rules and turn a blind eye toward it or worse justify the the breaking of the rules. That the Walmac guy is actively defending Biancone (he has horses with him) on another board is SO typical of a response that he cant see that HE is the problem than Biancone. Without owner support, trainers are out of business. But when the support is blind in the face of overwhelming evidence and despite multiple violations, why wouldn't high profile guys who can afford to hire good lawyers try to "push the envelope"? One of the most laughable defenses is when they pull out the "only claiming guys would need to use that stuff" defense. Like stake horses dont have the same physical issues that claiming horses do. The fact that cobra venom is a very powerful blocking agent for horses feet would seem to fall in line with the type of barn Biancone has, lots of Euro turf horses whose number #1 physical problem when they come to race in this country is .....sore feet.

If owners would simply put their feet down and say that one mistake puts you on thin ice and a second violation causes the horses to be moved, you'd see a lot less pushing of the envelope and a lot fewer violations.

For some reason some owners seem to believe that there are only 4 or 5 trainers out there that can do a good job and win races. By looking the other way, they are the real problem....
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  #60  
Old 10-09-2007, 02:13 PM
parsixfarms parsixfarms is offline
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Quote:
Originally Posted by Cannon Shell
If owners would simply put their feet down and say that one mistake puts you on thin ice and a second violation causes the horses to be moved, you'd see a lot less pushing of the envelope and a lot fewer violations.

For some reason some owners seem to believe that there are only 4 or 5 trainers out there that can do a good job and win races. By looking the other way, they are the real problem....
Chuck, I agree with you completely on the owners' culpability in this. Now that there's a finding against Biancone (they can no longer hide behind the "he's only been accused" defense), I'm looking to see if any of the Schwartzes, Finleys, and Lakins of the world pull their horses from Biancone. Contrary to Schwartz's comments about how he found Lady of Venice's performance to be inexplicable, I suspect that these owners have at least got to suspect why their horses have not performed "up to standards" since this episode began. The same goes for other trainers who have seen their performance decline markedly in the past few months.
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