FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/20/2023 OSCAR NO 608795 | PAGE Page 1 of 3 * -PUBLIC 

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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 RESPONSE TO HISA’S PROPOSED CONCLUSIONS OF LAW, 

ORDER AND SUPPORTING LEGAL BRIEF 

Appellant Jeffrey Poole, hereby files his Response to HISA’s Proposed 

Conclusions of Law, Order and Supporting Legal Brief and states: 

1. A review of the parties’ prior submissions evidences that the parties do not 

dispute any of the ultimate facts of the Arbitrator’s Final Order, other than the appropriate 

sanction for the mere possession of Thyro-L, without any intent to use it when “[T]here 

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. 

2. Appellant Poole does not dispute that there was evidence to support the 

Arbitrator’s finding as to the issue of liability. His sole dispute is the extent of the civil 

sanctions imposed by the Arbitrator. 

3. HISA has cited the cases of Guier v. Teton County Hosp. Dist., 2011 WY 

31, 248 P.3d 623 (Wyo. 2011) and Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. 

Ins. Co., 463 U.S. 29 (1983); Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 

402 (1971) to support the proposition that a decision or sanction will not be arbitrary, 

capricious, an abuse of discretion, or otherwise not in accordance with law where both 

the decision abides by the applicable rules, and the sanction is rationally connected to 

the facts. 

4. While Appellant Poole does not argue that the civil sanctions imposed are 

not found within HISA’s rules, his argument is that the sanctions imposed are not rationally 

related to the facts. 

5. Appellant Poole did not acquire the Thyro-L after it was designated a 

banned substance by HISA. Appellant Poole did not place the Thyro-L in the tack room 

at Gulfstream Park assigned to him after it was designated a banned substance by HISA. 

He simply did not dispose of it when HISA’s anti-doping program went into effect. 
 

 

 

 

 

 

 

 

 

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6. Suspending him for 22 months is not rationally related to the extent of his 

offense. Fining him $10,000 is not rationally related to the extent of his offense. The 

additional sanction of having him pay $8,000 of HISA’s arbitration costs is not rationally 

related to the extent of his offense nor to any known costs of the arbitration. The $8,000 

number appears to have been plucked out of the air without knowing what the actual cost 

of the Arbitration was. HISA may now know, but the record does not establish any basis 

for the Arbitrator to have known the total amount of the arbitration costs at the time he 

imposed the civil sanctions. 

Wherefore, Appellant Poole asks that this Tribunal reject the sanctions as imposed 

by HISA, and instead, impose the sanctions of a 90-day suspension and a $1,000 fine as 

requested by Appellant Poole in his proposed Conclusions of Law and proposed order. 

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 20, 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