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A ruling released Friday on the public disclosures section of the website for the Horseracing Integrity & Welfare Unit (HIWU), the enforcement arm of the Horseracing Integrity and Safety Authority (HISA), revealed that trainer Lorenzo Ruiz has been suspended for a total of seven years and fined a total of $95,000 over three positive tests for the banned substance diisopropylamine. 

The arbitrator penalized Ruiz with two years and $25,000 per positive test, $15,000 worth of HIWU's arbitration costs, as well as an additional year and $5,000 for breaching his provisional suspension by working as an outrider at Los Alamitos. Ruiz is also responsible for his share of the arbitration costs.

Ruiz's work as an outrider is a breach of HISA rule 3229 (2): "A Covered Person may not participate in any capacity in any activity involving Covered Horses (other than authorized anti-doping activity or rehabilitation programs) taking place at a Race Track or Training Facility, nor shall he or she permit anyone to participate in any capacity on his or her behalf in any such activities, except to the extent that the Covered Person is an Owner and the activity is necessary to ensure the safety and well-being of the Horse during the period of such Owner’s Provisional Suspension or Ineligibility."

The seven-year penalty commences on April 2, 2024, with no credit for time served during the provisional suspension.

The penalty is harsher than one initially imposed on Ruiz in September, which included a 4.5 year period of ineligibility and was fined $37,500. These penalties were negated and the cases reverted to pending status in November, when Ruiz was allowed to withdraw his admission of guilt and thus to restart the arbitration process.

The three trainees to test positive for the vasodilator diisopropylamine, and subsequently to be disqualified from those placings, were: 

  • Kant Beat The Rock tested positive after finishing second in a starter allowance race at Los Alamitos on July 4.
  • American Cat tested positive after winning a $16,000 claiming race at Los Alamitos on June 25. 
  • Facts Matter tested positive after winning a starter allowance race at Los Alamitos on June 23. 

According to the arbitrator's report, Ruiz and his attorney suggested that the positive tests were a result of contamination from feed supplements, but never provided any evidence to support that theory. In addition, neither Ruiz nor his attorney showed up for the hearing.

The arbitrator writes: "A few days prior to the hearing, Mr. Ruiz gave notice through his counsel that he would not be attending the in-person hearing set for March 19, 2024. Mr. Ruiz exercised his right to ask for a hearing. HIWU devoted considerable resources towards this matter and the hearing in Irvine, which was set at a location convenient to the Respondent and his counsel. On the day of the hearing, neither Mr. Ruiz nor his counsel appeared at the hearing. Not only did Mr. Ruiz not appear, but evidence was presented by Investigator Bennett confirming that Mr. Ruiz was outriding at Los Alamitos Race Track at the very time that the hearing was set to commence.

"By breaching the terms of his Provisional Suspension and by not attending the hearing called at his request, Mr. Ruiz is essentially thumbing his nose at the ADMC program. If left unchecked, his behavior would send a message that there are no consequences when one ignores the regime. Such conduct threatens the credibility of the ADMC program. HIWU has requested that this Panel add a sanction similar to that of Arbitrator Holtz when she found aggravating circumstances in the Pineda case. This Arbitrator agrees that in these circumstances Mr. Ruiz’s six year period of Ineligibility should be increased by one year and the fine increased by an additional sum of $5,000.

"In exercising the discretion provided in Rule 3223(b) the Arbitrator has determined that in consideration of all of the above mentioned factors, Mr. Ruiz should make a significant contribution to the arbitration costs of HIWU in the amount of $15,000." 

Attorney Darrell Vienna, who along with Carlo Fisco represented Ruiz, said Ruiz was entitled to work as an outrider at Los Alamitos – where both Thoroughbreds and Quarter Horses train in the morning – as long as he is licensed by the California Horse Racing Board. "HISA has no ability to suspend a state-issued license," Vienna said. "They can only say that you can't participate in races covered by HISA."

The CHRB has not taken any action against Ruiz to this point. "That's a road that has yet to be crossed," Vienna said.

Ruiz is a multiple stakes-winning trainer with 150 Thoroughbred winners, 62 Quarter Horse winners, and 57 winners of mixed races during his career. Since HISA only governs Thoroughbred racing, Ruiz will still be allowed to work with Quarter Horses unless a state regulatory agency, such as the California Horse Racing Board, steps in.

The full arbitrator's report is available here:

This article first appeared on Paulick Report and was syndicated with permission.

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