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PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of Jeffrey Poole, Appellant, Docket No. D09417 

APPELLANT’S MOTION TO ACCEPT LATE FILED PROPOSED CONCLUSIONS OF 

LAW 

Appellant Jeffrey Poole, moves this Tribunal for entry of an order accepting the 

proposed conclusions of law filed today, October 11, 2023, and in support thereof, states: 

1. On September 28, 2023 this Tribunal entered its order requiring the parties 

to file proposed conclusions of law with the Federal Trade Commission’s Office of the 

Secretary by October 10, 2023. 

2. The undersigned inadvertently failed to calendar the due date for filing the 

proposed conclusions of law as required by this Tribunal’s order. 

3. Contemporaneously with the filing of this motion, Appellant is filing his 

proposed conclusions of law as required this Tribunal’s order. 

4. Appellee will not be prejudiced by this Tribunal allowing the late filed proposed 

conclusions of law to be deemed filed of record. 

5. The failure to allow the late filing will prejudice the Appellant through no 

fault of his own. 

WHEREFORE, Appellant Poole requests entry of an order allowing the late filing 

of his proposed conclusions of law which deems the proposed conclusions filed of record. 

BEILLY & STROHSAHL, P.A. 

1144 S.E. 3rd Avenue 

Fort Lauderdale, FL 33316 

Telephone 954-763-7000 

Facsimile 954-525-0404 

_/s/ Bradford J. Beilly________ 

Bradford J. Beilly 

Fla. Bar No. 310328 

brad@beillylaw.com 
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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on October 11, 2023, pursuant to Federal Trade 

Commission Rules of Practice 4.2(c) and 4.4(b), I caused the foregoing motion of 

Bradford J. Beilly to be filed and served as follows: 

Honorable D. Michael Chappell 

Chief Administrative Law Judge 

Office of Administrative Law Judges 

Federal Trade Commission 

600 Pennsylvania Ave. NW 

Washington, DC 20580 

Sent via e-mail to OALJ@ftc.gov 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Ave. NW 

Washington, DC 20580 

Sent via e-mail to Electronicfilings@ftc.gov 

Bryan H. Beauman 

Rebecca Price 

Sturgill, Turner, Barker & Moloney, PLLC 

333 W. Vine St., Ste. 1500 

Lexington, KY 40507 

Telephone 859-255-8581 

Fax: 859-231-0851 

Sent via e-mail to bbeauman@sturgillturner.com and rprice@sturgillturner.com 

Michelle C. Pujals 

Allison J. Farrell 

Horseracing Integrity & Safety Unit, a division of 

Drug Free Sport LLC 

4801 Main Street, Suite 350 

Kansas City, MO 64112 

Telephone: (816) 291-1864 

Sent via e-mail: mpujals@hiwu.org and afarrell@hiwu.org 

/s/ Bradford J. Beilly_______ 

Counsel for Jeffrey Poole 
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 PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of Jeffrey Poole, Appellant, Docket No. D09417 

APPELLANT’S PROPOSED CONCLUSIONS OF LAW 

UNDISPUTED FACTS 

1. Thyro-L is a “banned substance” as defined in the Horseracing Integrity and 

Safety Authority’s (“HISA”) Rules. Possession of a banned substance is a violation of 

HISA Rule 3214(a). 

2. HIWU was created pursuant to the Horseracing Integrity and Safety Act of 

2020, 15 U.S.C. secs. 3051-3060 (“Act”), and is charged with administering the rules and 

enforcement mechanisms of the Horseracing Integrity and Safety Authority’s (“HISA”) 

Anti-Doping and Medication Control Program (“ADMC Program”). The ADMC Program 

was created pursuant to the Act, approved by the Federal Trade Commission on March 

27, 2023, and implemented on May 22, 2023. See 88 Fed. Reg. 5084-5201 (January 26, 

2023). FD ¶4.1 at 121. 

3. Thyro-L is a medication that can be prescribed by a licensed veterinarian 

for treatment of a racehorse. Prior to May 22, 2023, the use and/or possession of a tub 

of Thyro-L prescribed by a licensed veterinarian for the treatment of a particular 

1 All references to the final decision of the Arbitrator shall be cited as “FD followed by the 

paragraph number and page number. 
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thoroughbred racehorse would not have breached any Florida state statute or 

administrative regulation provided the Thyro-L was only used in connection with that 

racehorse. FD ¶4 at 6. 

4. Pursuant to ADMC Program Rule 3223, the ineligibility, and financial 

penalties for a first anti- doping rule Violation of Rule 3214(a) (Possession) is: 

a. Two (2) years of Ineligibility, and 

b. A “Fine up to $25,000 ...and payment of some or all of the adjudication costs and 

[HIWU]’s legal costs” FD ¶5.8 at 16. 

5. There is no dispute of the following facts: 

“a. The Thyro-L product was a Banned Substance under the ADMC 

Program; 

b. The Thyro-L product was found on a shelf in the tack room of Barn 5 (the 

barn assigned to Mr. Poole) at Gulfstream Park on June 2, 2023, after 

implantation of the ADMC Program on May 22, 2023; 

c. The Thyro-L product was purchased by Mr. Poole, pursuant to a lawful 

veterinarian prescription, at a time when it was not a Banned Substance, 

before the implementation of the ADMC Program, for use by another horse 

that was no longer in Mr. Poole’s possession at Gulfstream Park; 

d. The Thyro-L product had been moved from the track in Ohio where Mr. 

Poole had lawfully used the Thyro-L product some months before it was 

found at Gulfstream Park, to another track in Tampa, and then to Barn 5 at 

Gulfstream Park; 

f. Mr. Poole knew that Thyro-L would become a Banned Substance upon 

implementation of the ADMC Program on May 22, 2023; 

h. There was no evidence that the Thyro-L product was used by Mr. Poole 

on any horse after the implementation of the ADMC Program or on any 

horse other than King Andres for whom it was prescribed.” FD ¶74 at 22-

23. 
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6. Although Appellant Poole argued that he was not conscious that the ThyroL was in his possession at Barn 5 of Gulfstream Park, “Whether he was aware of the 

Thyro-L being in his tack room in Barn 5 at Gulfstream Park is of no legal moment under 

the definition of Possession.” FD ¶7.8 at 23. 

7. Mr. Poole’s coming into possession of Thyro-L was lawful at the time, and 

up until implementation of the ADMC Program, and there was no evidence that he ever 

used the Thyro-L with a horse other than King Andres (for whom it was prescribed) or 

after implementation of the ADMC Program. In other words, there is no evidence that 

Mr. Poole either 1) was a cheater, or 2) kept the Thyro-L in his Possession after the 

implementation of the ADMC Program, for any improper purpose. FD. P7.20 at 27 

8. Based upon the foregoing facts the Arbitrator assessed the following 

penalties: 

A 22 month suspension, a $10,000 fine, and a payment of $8,000 of HIWI’s share of the 

arbitration costs. FD ¶29-30. 

Conclusions of Law 

9. Appellant still asserts that the civil sanctions imposed upon him were 

arbitrary, capricious, an abuse of discretion, prejudicial, or otherwise not in accordance 

with law. 

10. Based upon the facts in the record set forth above, this tribunal agrees that 

the civil sanctions imposed upon Appellant were arbitrary, capricious, and an abuse of 

discretion. 
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 11. The Punishment imposed upon Appellant does not align with his degree of 

fault. 

12. Based upon this record, this tribunal finds that while Appellant Poole’s 

conduct was found by the Arbitrator to “objectively fall into the significant fault range” 

(FD ¶7.18 at 25-26), in assessing the civil sanctions to be imposed, the Arbitrator failed 

to consider the mitigating factors of Mr. Poole’s lack of specific intent to possess the 

Thyro-L for any improper purpose. 

13. Although possession of a banned substance is a strict liability offense under 

HISA, the sanctions imposed must take into account the particular facts and 

circumstances of the covered party’s possession. In this case, the arbitrator expressly 

found that “there is no evidence that Mr. Poole either 1) was a cheater, or 2) kept the 

Thyro-L in his Possession after the implementation of the ADMC Program, for any 

improper purpose.” FD ¶7.20 at 27. 

ORDER 

Based upon the foregoing analysis, this tribunal assesses the following civil 

sanctions: 

A. A period of ineligibility of 3 months commencing as of June 13, 2023. 

B. A fine of $1,000.00 

ORDERED: __________________________ 

D. Michael Chappell 

Chief Administrative Law Judge 
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PUBLIC 

BEILLY & STROHSAHL, P.A 

1144 S.E. 3rd Avenue 

Ft. Lauderdale, FL 33316 

Telephone 954-763-7000 

Facsimile 954-525 -0404 

/s/ Bradford J. Beilly____ 

Bradford J. Beilly 

Fla. Bar No. 310328 

brad@beillylaw.com 
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PUBLIC 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on October 11, 2023, pursuant to Federal Trade Commission 

Rules of Practice 4.2(c) and 4.4(b), I caused the foregoing response of Bradford J. Beilly 

to be filed and served as follows: 

Honorable D. Michael Chappell 

Chief Administrative Law Judge 

Office of Administrative Law Judges 

Federal Trade Commission 

600 Pennsylvania Ave. NW 

Washington, DC 20580 

Sent via e-mail to OALJ@ftc.gov 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Ave. NW 

Washington, DC 20580 

Sent via e-mail to Electronicfilings@ftc.gov 

Bryan H. Beauman 

Rebecca Price 

Sturgill, Turner, Barker & Moloney, PLLC 

333 W. Vine St., Ste. 1500 

Lexington, KY 40507 

Telephone 859-255-8581 

Fax: 859-231-0851 

Sent via e-mail to bbeauman@sturgillturner.com and rprice@sturgillturner.com 

Michelle C. Pujals 

Allison J. Farrell 

Horseracing Integrity & Safety Unit, a division of 

Drug Free Sport LLC 

4801 Main Street, Suite 350 

Kansas City, MO 64112 

Telephone: (816) 291-1864 

Sent via e-mail to mpujals@hiwu.org and afarrell@hiwu.org 

/s/ Bradford J. Beilly_______ 

Counsel for Jeffrey Poole