FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/25/2023 OSCAR NO 608627 | PAGE Page 1 of 6 *-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 MOTION TO DECLARE THAT THE CIVIL SANCTIONS IMPOSED BY 

THE HORSE RACING INTEGRITY AND SAFETY AUTHORITY, INC. (“HISA”) ARE 

NOT ENFORCEABLE 

Pursuant to 16 C.F.R. 1.145(a), Appellant Jeffrey Poole, moves this tribunal for 

entry of an order declaring that the civil sanctions imposed upon him by HISA are 

unenforceable and in support thereof, states: 

1. § 1.145 titled “Submission of Notice of Civil Sanctions.” provides in 

subsection (a) as follows: 

(a) Requirement to file. If the Horseracing Integrity and Safety Authority 

(Authority) imposes a final civil sanction under 15 U.S.C. 3057(d) for a 

covered person's violation of a rule of the Authority, the Authority must 

submit notice of the sanction to the Federal Trade Commission 

(Commission) no later than two days after the sanction has been issued for 

the sanction to be enforceable. 

2. § 1.145 titled “Submission of Notice of Civil Sanctions.” provides in 

subsection (b) as follows: 

(b) Format and procedure for submission of notice. The notice 

submitted to the Commission must: 

(1) Be emailed to the Secretary of the Commission (Secretary) at 

electronicfilings@ftc.gov; 

(2) Contain the subject line “HISA Civil Sanction Notice”; 

(3) Clearly indicate that it relates to a civil sanction imposed on a covered 

person resulting from a violation of an Authority rule; 

(4) Include contact information for an employee at the Authority 

responsible for communications regarding review of the civil sanction; 
 

 

 

 

 

 

 

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(5) Be sent in portable document format (or .PDF) or such other format as 

the Secretary may permit; 

(6) Contain only public information; and 

(7) Be served the same day upon the person aggrieved by the sanction in 

accordance with 16 CFR 4.4(b) as made applicable to review proceedings 

under this part. 

3. On August 12, 2023, John L. Forgy, counsel for HISA, electronically filed a 

“HISA Civil Sanction Notice” with the Federal Trade Commission that includes a “cc: 

Jeffrey Poole”. A copy of the Civil Sanction Notice is attached hereto as Exhibit “A” to this 

motion. 

4. According to 16 C.F.R. §§ 1.145(a) and 1.145(b)(7), in order for the civil 

sanctions to be enforceable against Appellant Poole, a copy of the August 12, 2023, HISA 

Civil Sanction Notice must have been served upon Jeffrey Poole, as the person aggrieved 

by the sanction, in accordance with 16 C.F.R. 4.4(b) on the same day that the Civil 

Sanction Notice was filed with the Federal Trade Commission. 

5. Although the HISA Civil Sanction Notice filed with the Federal Trade 

Commission on August 12, 2023 states that a “cc:” was sent to Appellant Poole, attached 

hereto as Exhibit “B” is an Affidavit from Appellant Poole stating that he did not receive a 

copy of the HISA Civil Sanction Notice. 

6. In addition, it appears that the attempt to serve Appellant Poole failed to 

comply with the requirements of 16 C.F.R. 4.4(b) in the following respects: 

 a. Service of the Civil Sanction Notice was not also made upon the 

undersigned counsel, who had appeared on behalf of Appellant Poole, in violation of 

subsection (c). 

 b. “Proof of service in the form of a statement of the date and manner of 

service and of the names of the persons served, certified by the person who made 

service” was not affixed to the Civil Sanction Notice in violation of subsection (d). 

7. As HISA failed to comply with the requirements of 16 C.F.R. 1.145 within 

two days after the sanction had been issued, in accordance with subsection (a) the 

sanction is not enforceable. 
 

 

 

 

 

 

 

 

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WHEREFORE, Appellant Poole requests entry of an order declaring that the civil 

sanctions imposed upon him are not enforceable, as a matter of law, for the reasons set 

forth above. 

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 September 25, 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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August 12, 2023

Secretary of the Federal Trade Commission

electronicfilings@ftc.gov

Re: HISA Civil Sanction Notice

This notice is provided by the Horseracing Integrity and Safety Authority, Inc. (“HISA”) to the

Federal Trade Commission (the “Commission”) under 16 Code of Federal Regulations Part I,

Section 1.145 in connection with the imposition of civil sanctions under 15 U.S.C. 3057(d) and

15 U.S.C. 3055(c)(4)(B) for a violation of Rule Series 3000, the Equine Anti-Doping and 

Controlled Medication Protocol approved by the Commission on March 27, 2023.

The following civil sanctions have been imposed against Jeffrey Poole, who is a Covered 

Person under the Horseracing Integrity and Safety Act of 2020, as amended: 

1. A period of Ineligibility of twenty-two (22) months, commencing on June 13, 2023, and 

ending on April 12, 2025 (ADMC Rule 3223); 

2. A fine of $10,000 in accordance with ADMC Rule 3223 to be paid before the expiration 

of the period of Ineligibility; 

3. Payment of $8,000 of HIWU’s arbitration costs in connection with the matter to be paid 

before the expiration of the period of Ineligibility (ADMC Rule 3223); and 

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

Any communications regarding this notice or the civil sanction set forth herein should be

directed to:

EXHIBIT "A"

PUBLIC

John L. Forgy

Counsel to HISA

830 Vermillion Peak Pass

Lexington, KY 40515

(859)-940-1215

Email: johnforgy1@gmail.com

/s/ John Forgy_________________

John L. Forgy

Counsel to HISA

cc: Jeffrey Poole
EXHIBIT "B"