Meraz suspended two years for HISA violation; arbitrator questions severity of penalty
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An arbitrator hearing a case involving a high concentration of the banned substance cobalt has handed down a mandatory two-year suspension to trainer Antonio Meraz while raising questions about the “fairness and proportionality” of the penalty.
The arbitrator, Matthew Mitten, ordered a 2-year-suspension to the Midwest-based Meraz after concluding that Meraz had been unable to establish that he was not at fault for the excessive concentration of cobalt in a post-race test for his horse, First Kitten, following a race on Feb. 12 at Mahoning Valley Race Course.
Cobalt, a naturally occurring substance, is banned under the regulations established by the Horseracing Integrity and Safety Authority. Although horses require a trace amount of cobalt to aid in digestion, intentional administration of high levels of the mineral has been banned in racing for more than a decade. This is due to accounts that some horsemen were injecting the substance into their horses despite no evidence that it could lead to enhanced performance.
Although Mitten agreed with experts that it was highly unlikely that the concentration found in First Kitten’s post-race test could have occurred through contaminants or the use of supplements, he wrote that the two-year mandatory suspension was excessive. Mitten added that he would have opted for a three-month suspension if the two-year penalty was not required.
“If trainer Meraz did not have the substantial and difficult burden of proving the source of the cobalt causing First Kitten’s blood plasma concentration to exceed the threshold by balance of probability, the arbitrator likely would have concluded he had no significant fault or negligence for [the violation],” Mitten wrote.
Earlier this week, HISA posted amended rules for public comment that would allow arbitrators to apply "case circumstances” to adjudications. Under the proposed rules, arbitrators can consider “the seriousness” of the violation and the level of cooperation of the licensee in the investigation to mitigate penalties.
The rules will not go into effect for at least months, following the public comment period, a review by HISA, and a review by the Federal Trade Commission, HISA’s overseer.
Meraz, who was said in the arbitrator’s report to have been cooperative at all times during the investigation, has been training since 2018. He has 181 lifetime wins from 1,112 starts, for a strike rate of 16 percent, and lifetime purse earnings of $2.6 million.
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