Trainer Phil Serpe Escalates Legal ⁣Battle with HISA and FTC

Saratoga Springs, NY – August 19,​ 2025 ⁤- Trainer Phil Serpe is intensifying his legal challenge against⁤ the horseracing Integrity and Safety Authority ⁣(HISA) and the ⁢Federal‍ Trade Commission (FTC), seeking ‌to overturn a ⁢two-year suspension stemming from a contested clenbuterol positive test. The case centers on Serpe’s assertion that⁤ his constitutional right to a jury trial is being violated, and has taken a strategic turn​ with renewed arguments in federal court.

The Core of the Dispute

Serpe’s suspension originated from a positive test for clenbuterol in a​ urine‍ sample taken from his trainee, Fast Kimmie, following a ⁣victory at Saratoga Race⁣ Course on August 10, 2024. The‌ Horseracing Integrity and Welfare Unit (HIWU) arbitrator initially imposed ​the two-year suspension in July. A key point of contention is that HISA and HIWU did⁣ not pursue a monetary fine against Serpe, a departure​ from their handling ⁢of twelve other clenbuterol cases since the Anti-Doping and‌ medication‍ Control ‌Program (ADMC) began in May 2023.

Serpe argues that the decision to forgo⁤ a fine was a intentional tactic ‌to prevent his case from being heard⁤ in federal court, where he believes ⁢he‍ is entitled to a jury trial ‌under the Seventh​ Amendment of the ⁤U.S.⁢ Constitution. He contends that federal regulations require civil monetary penalties to be litigated in federal court, and that HISA and HIWU intentionally avoided a fine to circumvent this requirement.

Did You Know? Clenbuterol, while approved for certain⁤ veterinary uses, is⁣ classified as a banned ⁢substance in HISA-regulated Thoroughbred racing, meaning it should never be present in a horse’s system.

Legal​ Arguments and Responses

In a July 15 filing in U.S. District Court (southern District of Florida), Serpe ‍cited a Supreme Court ‍precedent establishing that federal agencies pursuing civil monetary penalties must do so in ⁤federal court.He accused HISA and HIWU of “gamesmanship” by strategically avoiding a fine to deny him his right to a jury trial.

Both HISA and the FTC responded on‌ August 15, opposing Serpe’s motion for a⁣ preliminary injunction. They ⁢maintained that the​ absence of a fine renders his Seventh Amendment claim ⁢invalid.HISA argued that they simply⁢ followed the court’s suggested path to ​resolve the constitutional ‌challenge,⁤ while the FTC asserted ‍that without a potential fine, there is no basis for​ a Seventh Amendment violation.

The agencies also questioned ‌the timing of Serpe’s⁤ concerns, noting that he waited eight months after the​ initial positive test and on the brink of arbitration before​ raising⁢ the issue of the potential fine.They emphasized that their decision not to pursue a fine did not invalidate the underlying violation.

Financial Penalties and⁢ Precedent

According to HIWU ‍records, twelve of the fifteen other ‌clenbuterol adjudications as the​ ADMC’s implementation resulted in fines of ​at least $15,000. two⁣ cases were withdrawn, ​and ⁣one was‌ dropped ​due to a negative split‌ sample.ADMC Rule 3223 allows⁢ for fines ​of up to $25,000 in⁢ cases like Serpe’s.

Serpe’s legal team argued⁢ during‍ arbitration that a⁣ fine⁢ was mandatory if liability was found⁢ without a finding of⁣ no‍ fault ​or negligence on the trainer’s part.However, HISA countered ‌that Rule ​3223(b) ‌does not establish a minimum fine, unlike other sanctions.

Pro Tip: Understanding the specific rules and ⁣regulations of the ADMC ⁣is crucial for ⁤horse trainers and owners to ensure compliance and avoid ‍potential penalties.

Looking Ahead

The case raises important questions about the ​balance between regulatory authority, ⁤constitutional rights, and due process in horse racing. What implications could this case ​have for future⁢ ADMC violations and the enforcement of HISA regulations? Will the court side with⁤ Serpe’s ‌claim of constitutional violation, or ⁢will it uphold HISA and the FTC’s actions?

The legal battle is ongoing, with the court now considering arguments​ from ‍both sides.‍ The outcome could have critically important ramifications for the⁣ future of horse racing regulation and the ‌rights of trainers facing ⁤disciplinary‌ action.

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