Penn National issues Vazquez second ejection notice

Penn National Race Course in Grantville, Pa., has issued a second ejection notice to Juan Vazquez, claiming that the trainer violated a state racing rule by “attempting to gain favorable treatment through payment of a gratuity to a racing official,” according to a Penn National official and Vazquez’s attorney.

Chris McErlean, the vice president of racing for Penn National Gaming Inc., said Vazquez was served with the notice several weeks ago. McErlean would not describe the incident that led to Penn National serving the notice, saying that track officials would provide details about it during a hearing scheduled for May 12.

“Suffice it to say, it was enough to warrant our interest,” McErlean said.

Alan Pincus, the attorney for Vazquez, said Penn National has refused to describe the incident that led to the allegation. The notice states that the ejection is to be enforced for one year.

“You know as much as I know,” he said. “How someone can defend themselves against this, I just don’t know. What day was it? What official? What transpired? I have no idea.”

This is the second ejection notice that Penn National has served to Vazquez since he returned to training in March after serving a 90-day suspension imposed by the Delaware Racing Commission. Vazquez has appealed both notices, and under Pennsylvania law, licensees who are served with ejection notices by private racetracks must be afforded a hearing before the ejection can be enforced. Vazquez currently trains off a Delaware farm and continues to enter horses at Penn National.

The first ejection notice was based on Vazquez’s history of medication violations and other racing rules, according to McErlean, or what racetracks and commissions commonly term “conduct detrimental to the best interests of racing.” Vazquez’s appeal of that ejection notice was heard by the racing commission March 31, but the result of that appeal has not been released, according to McErlean and Pincus.

Several other tracks have ruled Vazquez off in the past three months. Laurel and Pimlico in Maryland ejected him after he returned from the Delaware suspension, citing a 13-month suspension received by his assistant, Hector Garcia, while he was in charge of Vazquez’s horses, due to four medication positives. Charles Towns Races in West Virginia, a track that is also owned by Penn National Gaming Inc., also ruled Vazquez off.

Over the past two years, federal prosecutors have indicted three trainers and four veterinarians based at Penn National on federal charges related to race-day medication violations. The same prosecutors indicted a clocker at Penn National on charges that he accepted money from trainers to post false workout times. Most of the indicted individuals have signed plea deals requiring them to cooperate with further investigations.