Trainers O'Neill, Levine Suspended and Fined

The New York State Gaming Commission has levied suspensions and fines for trainers Doug O'Neill and Bruce Levine after horses in their barns tested positive in post-race tests for prohibited substances.

California-based O'Neill is best known for winning the Kentucky Derby Presented by Yum! Brands (gr. I) with I'll Have Another   and the success of older horse Lava Man. According to the commission, he has entered into a settlement agreement with the NYSGC under which he will be suspended 45 days and fined $10,000 after the horse Wind of Bosphorus tested positive for the drug oxazepam following a victory in the second race at Belmont Park June 2, 2013.

Oxazepam is a Class 2 drug on the classification list from the Association of Racing Commissioners International. In humans, it is prescribed as a remedy for short bouts of anxiety. It is a metabolite of diazepam, or Valium, a muscle relaxant.

As part of the agreement, the suspension will not begin until Nov. 3, following this year's Breeders' Cup World Championships. The suspension ends Dec. 18.

In addition, O'Neill agreed to an additional 45-day suspension if any horse trained by him tests positive for a Class 1, 2, or 3 medication in any pari-mutuel jurisdiction on or before Dec. 18, 2015. Also, Wind of Bosphorus was disqualified from sharing in the purse for the claiming race, and the race order was changed to indicate he was unplaced.

"Although I was not present or even in the state of New York when the alleged infraction took place, and I am confident that none of my employees or staff administered the alleged substance, I was the trainer of record and am taking responsibility for the positive test," O'Neill said in a statement. "I care deeply for the horses under my supervision and am responsible for ensuring their well-being."

The California Horse Racing Board is looking into whether O'Neill violated terms of earlier agreement with it following an August 2010 violation for a higher-than-permitted threshold of total carbon dioxide. He was extended an 18-month probation in that case when suspended May 29, 2012.

In a statement, the CHRB said it "is aware of the recent settlement agreement between Doug O’Neill and the New York State Gaming Commission. The issue is currently under investigation by the CHRB."

RCI describes Class 2 drugs as: "Drugs that have a high potential to affect performance, but less of a potential than drugs in Class 1. These drugs are 1) not generally accepted as therapeutic agents in racing horses, or 2) they are therapeutic agents that have a high potential for abuse. Drugs in this class include: psychotropic drugs, certain nervous system and cardiovascular system stimulants, depressants, and neuromuscular blocking agents. Injectable local anesthetics are included in this class because of their high potential for abuse as nerve-blocking agents."

Levine has been suspended 30 days and fined $5,000 after the horse Santa Elf tested positive for vardenafil following a second-place finish in the ninth race at Belmont May 2, 2014. Nine days of the suspension have been stayed, contingent upon no further violation of the New York medication rule 4043.2 for 180 days from Nov. 9, 2014. The suspension will run 21 days from Oct. 19-Nov. 8.

Vardenafil, commonly marketed under the brand name Levitra, is used in humans to treat erectile dysfunction.

Santa Elf was disqualified from sharing in the purse for the race, and the race order was changed to indicate he was unplaced.