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: 

LORENZO RUIZ

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 Lorenzo Ruiz gives notice that he 

hereby appeals the September 18, 2023 sanctions imposed pursuant to Horse Racing and 

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

Nos. EAD2023-16, EAD2023-17, and EAD2023-31 which imposed civil sanctions consisting 

in the aggregate of a 54 month suspension, and a $37,500 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 18, 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.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/13/2023 OSCAR NO. 608762 -PAGE Page 1 of 6 * PUBLIC * 
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

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/13/2023 OSCAR NO. 608762 -PAGE Page 3 of 6 * PUBLIC * 

B. For EAD2023-17

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

3223, from March 18, 2025 to September 17, 2026;

2. A period of Ineligibility for American Cat of at least sixty (60) days, beginning on July

13, 2023, with reinstatement of American Cat being subject to a Negative Finding

from a Re-Entry Test for all Banned Substances to be administered by HIWU and

coordinated by a regulatory veterinarian;

3. Disqualification of American Cat’s Race results pursuant to ADMC Program Rule

3221, which he obtained on June 25, 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;

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

5. 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 American Cat at a 

Covered Horserace conducted at Los Alamitos Race Course in Cypress, California on June 

25, 2023.

C. For EAD2023-31

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

3223, from September 18, 2026 to March 17, 2028;

2. A period of Ineligibility for Kant Beat the Rock of at least sixty (60) days, beginning on 

August 3, 2023, with reinstatement of Kant Beat the Rock being subject to a Negative

Finding from a Re-Entry Test for all Banned Substances to be administered by HIWU

and coordinated by a regulatory veterinarian;

3. Disqualification of Kant Beat the Rock’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;

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

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

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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 Kant Beat the Rock at 

a Covered Horserace conducted at Los Alamitos Race Course in Cypress, California on July 

4, 2023. 

In total, your period of Ineligibility is fifty-four (54) months (from September 18, 2023) and your 

fine amounts total $37,500.

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 18, 2023 (i.e., October 18, 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 18, 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.

David T. Jacobson, Owner of Kant Beat the Rock 

California Horse Racing Board 

HISA 

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