Illinois cuts Wolfson penalty

The Illinois Racing Board has vacated a positive drug finding and $1,000 fine against trainer Marty Wolfson, which it issued when the horse Can't Beat It tested positive for the drug isoxsuprine following the colt's second-place finish in the 2006 Grade 2 American Derby at Arlington Park. The board did uphold a $1,000 fine levied against Wolfson for the same race for a positive for naproxin, a commonly used non-steroidal anti-inflammatory.

Isoxsuprine is commonly used to increase circulation in the feet.

Both medications are Class 4 drugs, which are allowed for therapeutic use but not permitted on race day.

Mark Laino, executive director of the Illinois Racing Board, said the isoxsuprine ruling was vacated on Wolfson's appeal because the state adopted new threshold levels for the drug after the stewards' original ruling in the case.

"New threshold levels were established in Illinois prior to the board meeting to hear the appeal, and as a result those are the levels which were applied to the case," Laino said. "Since Can't Beat It's original test results fell below those new levels, the original ruling was vacated and Mr. Wolfson's fine was dropped for the isoxsuprine positive."

As a result of the decision, the colt's owner, Live Oak Plantation, will now receive the second-place purse money of $50,000 that had been withheld following the original rulings