UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION 

MATTER NO.

ADMINISTRATIVE LAW JUDGE:

----------

COMMISSIONERS: Lina M. Khan, Chair

Rebecca Kelly Slaughter 

Alvaro Bedoya

IN THE MATTER OF: 

MILTON PINEDA 

APPELLANT

NOTICE OFAPPEALANDAPPLICATION FOR REVIEW

Pursuant to 15 U.S.C. § 3051 et seq., including§ 3058(b), 5 U.S.C. § 556 et seq., and 16 

CFR 1.145 et seq., including § 1.146, aggrieved Appellant Milton Pineda gives notice that he 

hereby appeals the September 21, 2023 sanctions imposed pursuant to Horse Racing and 

Integrity and Welfare Unit (“HIWU”) of the Horse Racing Integrity and Safety in HIWU Cases 

Nos. EAD2023-8, EAD2023-9, EAD2023-10, EAD2023-12, EAD2023-15, EAD2023-28, 

EAD2023-29, and EAD2023-30 which imposed civil sanctions consisting in the aggregate of a 

144 month suspension, and a $100,000 fine. A copy of the Notice of Final Civil Sanctions (“Final 

Civil Sanctions”) under the ADMC Program is attached hereto.

HISA rules provide for review of the Final Civil Sanctions by a federal Administrative 

Law Judge pursuant to 15 U.S.C 3058. 15 U.S.C 3058(b)(1) requires such review to be 

requested within thirty (30) days of September 21, 2023. The rules further provide for a stay of 

the Sanctions set forth above if such stay is requested and approved by the Administrative Law 

Judge.

Appellant challenges HIWU’s Final Civil Sanctions and requests de novo review under

15 U.S.C. § 3058(b)(l) - (3) and 16 C.F.R. 1.l 46(b) for multiple reasons.

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The penalty assessed was arbitrary, capricious, an abuse of discretion, prejudicial, or 

otherwise not in accordance with law. It violates accepted standards established in the decisional 

law of the FEI and CSA as to how the punishment must follow and be commensurate with the 

violation. It is also unconstitutional as violative of the Eighth Amendment’s excessive fine clause.

Pursuant to 16 CPR l.146(a)(l), Appellant requests an evidentiary hearing. Appellant 

requests a hearing to contest the Final Civil Sanctions and the facts as well as the interpretation of 

law that formed the basis for the imposition of the Consequences.

Further, pursuant to 16 CFR 1.148, Appellantsrequest a stay of the Final Decision and 

Consequences during the pendency of the Administrative Law Judge's review.

DATE: October 13, 2023

Respectfully Submitted,

Darrell J. Vienna

Darrell J. Vienna

CA SBN: 173695

LAW OFFICE OF DARRELL J. VIENNA

5256 S. Mission Road

Suite 703-808

Fallbrook, CA 92003

Telephone: 626.590.9999

Facsimile: 626.470-9973

Email: horselawyer@gmail.com

Carlo Fisco 

Carlo Fisco

Attorney at Law

CA SBN 166274

P.O. Box 2554

Culver City, CA 90231-2554

Telephone: (310) 390-3311

Email: cfisco@aol.com

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CERTIFICATE OF SERVICE

Pursuant to 16 CFR 1.146(a) and 16 CFR 4.4(b), a copy of the forgoing is being served

this 13th day of October 2023 via First Class mail and/or email upon the following:

Office of the Secretary 

Federal Trade Commission

600 Pennsylvania Avenue NW, 

Suite CC-5610

Washington. DC 20580

Hon. D. Michael Chappell

Chief Administrative Law 

Judge

Office of Administrative Law

Judges Federal Trade 

Commission

600 Pennsylvania Avenue, NW 

Washington, DC 20580

(Courtesy copies via e-mail to oalj@ftc.gov and electronicfilings@ftc.gov)

Samuel Reinhardt

Assistant General Counsel

Horseracing Integrity and Safety Authority

40 I West Main Street, Suite 222 

Lexington, KY 40507

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B. For EAD2023-9

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule

3223, from February 6, 2025 to July 5, 2026;

2. Disqualification of Flatterwithjewels’ Race results pursuant to ADMC Program Rule

3221, which he obtained on June 9, 2023, with resulting Consequences of

Disqualification of results including forfeiture of all purses and other compensation,

prizes, trophies, points, and rankings and repayment or surrender (as applicable) to

the Race Organizer;

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620.

This matter involves the presence of a Banned Substance and/or its Metabolites or Markers 

(ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The Banned 

Substance was found to be present in a urine Sample collected from Flatterwithjewels at a 

Covered Horserace conducted at Santa Anita Park in Arcadia, California on June 9, 2023.

C. For EAD2023-8

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule

3223, from to July 6, 2026 to February 5, 2028;

2. Disqualification of Big Splash’s Race results pursuant to ADMC Program Rule 3221,

which he obtained on June 10, 2023 and June 24, 2003, with resulting 

Consequences of Disqualification of results including forfeiture of all purses and other 

compensation, prizes, trophies, points, and rankings and repayment or surrender (as 

applicable) to the Race Organizer;

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620.

This matter involves the presence of a Banned Substance and/or its Metabolites or Markers 

(ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The Banned 

Substance was found to be present in a urine Sample collected from Big Splash at a 

Covered Horserace conducted at Santa Anita Park in Arcadia, California on June 10, 2023.

D. For EAD2023-12

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule

3223, from to February 6, 2028 to July 5, 2029;

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2. Disqualification of Bella Renella’s Race results pursuant to ADMC Program Rule

3221, which he obtained on June 18, 2023, with resulting Consequences of

Disqualification of results including forfeiture of all purses and other compensation,

prizes, trophies, points, and rankings and repayment or surrender (as applicable) to

the Race Organizer;

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620.

This matter involves the presence of a Banned Substance and/or its Metabolites or 

Markers (ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The 

Banned Substance was found to be present in a urine Sample collected from Bella 

Renella at a Covered Horserace conducted at Santa Anita Park in Arcadia, California on 

June 18, 2023.

E. For EAD2023-15

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule

3223, from to July 6, 2029 to February 5, 2031;

2. Disqualification of Chollima’s Race results pursuant to ADMC Program Rule 3221,

which he obtained on June 23, 2023 and July 4, 2023, with resulting Consequences 

of Disqualification of results including forfeiture of all purses and other compensation, 

prizes, trophies, points, and rankings and repayment or surrender (as applicable) to 

the Race Organizer;

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620.

This matter involves the presence of a Banned Substance and/or its Metabolites or 

Markers (ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The 

Banned Substance was found to be present in a urine Sample collected from Chollima at 

a Covered Horserace conducted at Los Alamitos Race Course in Los Alamitos, 

California on June 23, 2023. 

F. For EAD2023-28

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule

3223, from to February 6, 2031 to July 5, 2032;

2. Disqualification of Catbernay’s Race results pursuant to ADMC Program Rule 3221,

which he obtained on July 1, 2023, with resulting Consequences of Disqualification

of results including forfeiture of all purses and other compensation, prizes, trophies,

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points, and rankings and repayment or surrender (as applicable) to the Race 

Organizer; 

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620. 

This matter involves the presence of a Banned Substance and/or its Metabolites or 

Markers (ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The 

Banned Substance was found to be present in a urine Sample collected from Catbernay

at a Covered Horserace conducted at Los Alamitos Race Course in Los Alamitos, 

California on July 1, 2023. 

G. For EAD2023-29

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule 

3223, from to July 6, 2032 to February 5, 2034; 

2. Disqualification of Keep Your Coil’s Race results pursuant to ADMC Program Rule 

3221, which he obtained on July 2, 2023, with resulting Consequences of 

Disqualification of results including forfeiture of all purses and other compensation, 

prizes, trophies, points, and rankings and repayment or surrender (as applicable) to 

the Race Organizer; 

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

4. Public Disclosure in accordance with ADMC Program Rule 3620. 

This matter involves the presence of a Banned Substance and/or its Metabolites or 

Markers (ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The 

Banned Substance was found to be present in a urine Sample collected from Keep Your 

Coil at a Covered Horserace conducted at Los Alamitos Race Course in Los Alamitos, 

California on July 2, 2023.

H. For EAD2023-30

1. A period of Ineligibility of eighteen (18) months, as described in ADMC Program Rule 

3223, from to February 6, 2034 to July 5, 2035; 

2. Disqualification of Wegonahavagoodtime’s Race results pursuant to ADMC Program 

Rule 3221, which he obtained on July 4, 2023, with resulting Consequences of 

Disqualification of results including forfeiture of all purses and other compensation, 

prizes, trophies, points, and rankings and repayment or surrender (as applicable) to 

the Race Organizer; 

3. A fine of $12,500 in accordance with ADMC Program Rule 3223; and

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4. Public Disclosure in accordance with ADMC Program Rule 3620. 

This matter involves the presence of a Banned Substance and/or its Metabolites or 

Markers (ADMC Program Rule 3212) in a Post-Race Sample-- Diisopropylamine. The 

Banned Substance was found to be present in a urine Sample collected from 

Wegonahavagoodtime at a Covered Horserace conducted at Los Alamitos Race Course 

in Los Alamitos, California on July 4, 2023.

In total, your period of Ineligibility is one hundred and forty-four (144) months (from July 6, 2023) 

and your fine amounts total $100,000. The Covered Horses Catbernay’s and Keep Your Coil’s 

Provisional Suspensions will be lifted if their Re-Entry Tests are reported as negative. 

Wegonahavagoodtime’s Provisional Suspension will be lifted on October 10, 2023 (if his ReEntry Test is reported as negative).

Review of the Final Decision and its accompanying Consequences by a federal Administrative 

Law Judge is available under 15 U.S.C. 3058. Pursuant to 15 U.S.C. 3058(b)(1), such review 

must be requested within thirty (30) days of September 21, 2023 (i.e., October 21, 2023). You 

will also receive a copy of the notice to the Federal Trade Commission of these civil sanctions. 

A stay of the Consequences set forth above will only be imposed if such a stay is requested 

from, and approved by, the applicable Administrative Law Judge.

The Consequences set forth above are effective immediately, and any fines imposed must be 

paid through the HISA Portal by October 21, 2023. 

You will also receive a copy of the notice to the Federal Trade Commission of these civil 

sanctions. Please also be advised that a copy of this Notice (or a summary thereof) will be 

published on HIWU’s website.

Horseracing Integrity & Welfare Unit

________________________________

Michelle Pujals, HIWU General Counsel

Encl.: Instructions for HISA Portal

cc: Darrell Vienna, Esq.

Albert Gonzaz, Owner

California Horse Racing Board

HISA

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