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Glatt Denies Liability in Pending HIWU Drug Violation

Glatt's lawyer says result came from contamination as a worker used both medications.

Mark Glatt (right)

Mark Glatt (right)

Benoit Photo

Multiple grade 1-winning trainer Mark Glatt is prepared to fight the results of an equine drug test that was posted March 13 on the Horseracing Integrity and Welfare Unit website. The case is pending and has not been fully adjudicated.

The ruling states that Glatt-trained Vanzzy showed the presence of metformin and gabapentin, or their metabolites, following a runner-up finish in a $16,000 claiming race at Los Alamitos Race Course Dec. 6. The then 7-year-old Verrazano gelding was defeated one length and finished seven lengths ahead of third, earning $4,000. According to HIWU's database, Vanzzy was the first horse to test positive for metformin, considered a banned substance by HIWU, since July.

Currently, all pending metformin cases are being stayed following a June announcement from the Horseracing Integrity and Safety Authority that the Racing Medication and Testing Consortium is conducting a review of metformin. Following that review, which is still ongoing, HISA will determine whether any rule changes regarding metformin should be submitted to the Federal Trade Commission.

MITCHELL: HISA Puts Provisional Suspensions on Hold for Metformin

In this interim period, metformin remains a prohibited substance. A positive test result for metformin—regardless of the source and/or the existence of any mitigating circumstances—will result in the automatic disqualification of race results of the relevant covered horse. The deferral of provisional suspensions is only applicable to the responsible person; covered horses that test positive for metformin are still subject to a provisional suspension.

Drew Mollica, Glatt's lawyer, told BloodHorse that Glatt denies any wrongdoing and that an internal investigation revealed a barn employee was taking both medications.

"This is a clear-cut case of contamination," Mollica said. "Mr. Glatt denies any liability and is steadfast—if it needs to go to litigation, that he will prevail. We have serious questions about the validity of any testing. Mr. Glatt is steadfast in his denial of any wrongdoing."

In humans, metformin is used to treat type 2 diabetes. Gabapentin is used to treat partial seizures, nerve pain from shingles, and restless leg syndrome. In the past, several HIWU cases have been resolved without penalty to the trainer due to potential contamination.

"This is not a case of first impression; the entire industry—and HIWU—is aware that these medications are two of the most prevalent medications prescribed in the entire world, much less the United States," Mollica said. "Another example of lightning hitting a tree; you can't blame anybody."

Based off current rules, a positive test for metformin is subject to two years of ineligibility, a fine of up to $25,000, and a disqualification of race results. Those penalties can be adjusted by establishing no fault or no significant fault.

Gabapentin is considered by HIWU a class B controlled medication. Given this is Glatt's first class B offense, penalties for the gabapentin positive could result in a period of ineligibility of up to 15 days, a fine of up to $1,000, and the disqualification of race results.

Alexa Ravit, HIWU's director of communications and outreach, confirmed that Glatt's case for metformin and gabapentin will be adjudicated together, meaning he will not be adjudicated for gabapentin while the metformin cases are stayed.

Vanzzy, a three-time stakes winner and twice grade 3-placed earlier in his career, would return Dec. 27 at Santa Anita Park and run third for Glatt in an $8,000 claiming race before being shipped to Kentucky by owners William Branch, William Buster Jr., and Mark Cohen where he finished third in a $12,500 claimer at Turfway Park Feb. 28 for trainer Ben Colebrook.