Fast Kimmie

FTC Rules Serpe Cannot Now Introduce New Evidence in 18-Month Old Clenbuterol Case

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) for a clenbuterol positive in one of his trainees, on Wednesday was notified by the FTC that his legal team would not be allowed to have new evidence considered in his nearly 18-month-old case. Serpe's suspension stems from clenbuterol detected in the urine of Fast Kimmie (Oscar Performance) after her Aug. 10, 2024 victory in a $30,000 claiming...

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Judge Denies Injunction to Serpe a Second Time, but Adds 'Race is Far from Over' in Trainer's Lawsuit Against HISA and FTC

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) appeal level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) over a contested clenbuterol positive in one of his trainees at Saratoga Race Course in 2024, on Thursday had the judge in his lawsuit deny a request for a preliminary injunction for the second time in five months. In explaining his decision, the judge in charge of the case, David Leibowitz of United States District Court (Southern...

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Serpe's Legal Team, Flummoxed by Vague Order, Asks FTC for Direction

As part of the Federal Trade Commission (FTC)'s Sept. 15 order staying the issuance of a $25,000 fine that had been imposed against Phil Serpe by an administrative law judge (ALJ) Sept. 12, the suspended Thoroughbred trainer was directed to file a brief by Oct. 16 that will serve as the first step in a "further review" that the FTC itself will undertake to adjudicate Serpe's year-old clenbuterol positive case. The case has so far been handled at the administrative level by the Horseracing Integrity and Safety Authority (HISA) and...

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FTC Judge: 'Something Unseemly' about HISA's 'Constitutional Avoidance Strategy' in Serpe Case

The administrative law judge (ALJ) handling Phil Serpe's appeal to the Federal Trade Commission (FTC) stemming from a two-year suspension imposed by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case has upheld the sanctions imposed against the veteran trainer. However, Jay Himes, the ALJ, also wrote in his Sept. 12 decision that he would "modify the award to add a $25,000 fine against Serpe," even though the ALJ also ruled that, "I hold without merit Serpe's argument that he is entitled to a jury...

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Phil Serpe at Saratoga
Accused of 'Gamesmanship' by Serpe, HISA Alleges Suspended Trainer is Trying to 'Gin Up' a Constitutional Claim

Trainer Phil Serpe, who has an appeal pending with the Federal Trade Commission (FTC) in an attempt to overturn a two-year suspension imposed in July by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case from last summer at Saratoga Race Course, is also seeking to renew his request for a preliminary injunction in a 10-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the FTC. A key issue in Serpe's federal court filing is the fact that HIWU and HISA did not...

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Suspended Trainer Serpe Back In Federal Court Against HISA: 'This Gamesmanship Has To Stop'

One day after an arbitrator ruled that Phil Serpe would be suspended for two years in a contested clenbuterol positive case from last summer at Saratoga Race Course, the 66-year-old trainer was back in federal court Tuesday seeking to renew his request for a preliminary injunction in his nine-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the Federal Trade Commission (FTC). At the same time, Serpe's legal team also wasted no time in filing an immediate appeal with the FTC to have his July 14 Horseracing Integrity...

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Arbitrator Suspends Serpe Two Years, but Unlike Other Clenbuterol Cases, HIWU Does Not Pursue Any Fine

The arbitrator in charge of trainer Phil Serpe's contested clenbuterol positive detected in a filly who won last summer at Saratoga Race Course has issued a final decision that metes out the exact penalties sought by the Horseracing Integrity and Welfare Unit (HIWU)--a two-year suspension, plus a race disqualification and forfeiture of purse winnings. Beyond the potentially career-ending banishment of the 66-year-old trainer, what was striking about the decision is that it did not impose any monetary fine upon Serpe. According to ADMC Rule 3223, Serpe could have faced a...

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Serpe Clenbuterol Case Reaches Legal Inflection Point

In its ongoing case against Philip Serpe for a Clenbuterol positive stemming from last August, the Horseracing Integrity and Welfare Unit (HIWU) will not pursue a fine against the trainer--what could have been a $25,000 penalty--as per a letter issued by the agency last week. Serpe, however, argues that this action was taken by HIWU to prejudicially stymie his legal efforts in a federal court case against the Horseracing Integrity and Safety Authority and the Federal Trade Commission (FTC), which includes the contention that he has been wrongfully denied his...

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Trainer Serpe Sues HISA over Clenbuterol Suspension

Philip Serpe, a licensed trainer since 1984 who has maintained a nearly violation-free record while campaigning graded stakes winners up and down the East Coast, is fighting "banned substance" sanctions involving the alleged detection of clenbuterol in an Aug. 10 Saratoga Race Course winner he trained by suing the Horseracing Integrity and Safety Authority and the Federal Trade Commission (FTC) in federal court. Serpe's Oct. 17 lawsuit in United States District Court (Southern District of Florida) cites the purported unconstitutionality of the Horseracing Integrity and Safety Act (HISA), "because, first,...

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Trainer Phil Serpe has Horse Test Positive for Clenbuterol

According to the Horseracing Integrity and Welfare Unit (HIWU), a horse from the barn of veteran trainer Phil Serpe tested positive for the banned substance clenbuterol on Aug. 10. The alleged positive occurred in a $30,000 claiming race at Saratoga, which was won by the Serpe-trained Fast Kimmie (Oscar Performance). The horse has been banned from competing for 14 months from the time of the violation. Serpe's status is on hold since he has the right to request that the B Sample is analyzed. If that sample also comes back...

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