Phil Serpe

With UC Davis-Commissioned Study Showing that Metformin Positives Can be a Result of Contamination, Jonathan Wong's Team Weighing Legal Options

A study done by the School of Veterinary Medicine at the University of California-Davis has revealed that a racehorse is likely to show a positive test result for metformin if its groom is taking the diabetes medication and urinates in the horse's stall. After a rash of metformin positives in 2024, anecdotal information surfaced that in many of these cases their grooms handling the horses had been on the drug. Metformin is used to manage blood sugar levels in people with type 2 diabetes. With the uncertainty over the metformin...

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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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Day After FTC Judge Issues Criticisms Of HISA And HIWU In Serpe Case, FTC Orders Halt To Re-Imposed Fine

The latest twist in the legal odyssey involving Phil Serpe and the agencies that regulate racing at the federal level was made public late on Tuesday, when the Federal Trade Commission (FTC) issued an order staying the issuance of a $25,000 fine that had been imposed against the veteran Thoroughbred trainer barely one day earlier by an administrative law judge (ALJ). That ALJ, Jay Himes, had been assigned by the FTC itself to adjudicate Serpe's FTC-level appeal of banned-substance charges. In addition to re-imposing the fine that the Horseracing Integrity...

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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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Judge Denies Injunction In Serpe Suit Vs. HISA, But Leaves Door Open For Refile Of Key Seventh Amendment Claim

In a federal court case involving the Horseracing Integrity and Safety Authority (HISA) that is being closely watched because it involves a trainer's allegations of a wrongful denial of Seventh Amendment rights to a jury trial, a judge in Florida on Thursday denied conditioner Phil Serpe's request for preliminary injunction in a lawsuit initiated last October against the HISA and the Federal Trade Commission (FTC). The civil complaint involves "banned substance" sanctions stemming from the alleged detection of clenbuterol in an Aug. 10, 2024, Saratoga Race Course winner from the...

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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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HISA Asks HIWU To Limit Provisional Suspension Impositions During Review

The Horseracing Integrity and Safety Act (HISA) board of directors announced Monday an important change to a controversial aspect of the federal program's enforcement approach. The HISA board have requested that the Horseracing Integrity and Welfare Unit (HIWU) limit the circumstances under which they issue provisional suspensions. These are the temporary suspensions imposed before a trainer or other allegedly guilty party has had a chance to argue their cause during a formal hearing and relate to cases associated with banned substances. The announcement states that the HISA board has determined...

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