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NEW YORK STATE GAMING COMMISSION
IN THE MATTER OF HENRY ARGUETA (MO 8.2020)
IN THE MATTER OF ALEXANDER CHAN (MO 9-2020)
IN THE MATTER OF RICK DANE JR. (MO 10-2020)
IN THE MATTER OF JORGE NAVARRO (MO 11-2020) NOTICE OF
IN THE MATTER OF CHRISTOPHER OAKES (MO 12-2020) SUSPENSION
IN THE MATTER OF KRISTIAN RHEIN (MO 13-2020) AND HEARING
IN THE MATTER OF NICHOLAS SURICK (MO 14-2020)
IN THE MATTER OF JASON SERVIS (MO 18-2020),
IN THE MATTER OF MICHAEL TANNUZZO (MO 16-2020),
PLEASE TAKE NOTICE that your occupational licenses to participate in pari-
rmutuel racing as an owner, trainer, assistant trainer, veterinarian or otherwise are
hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State
Gaming Commission (‘Commission’) of the scheduled hearing before the Commission,
or if you refuse such hearing or default in appearing, SUSPENDED until such time as
the Commission in its ciscretion takes further action, including but not limited to license
suspension or revocation and the imposition of a fine not to exceed $25,000 for each
incident
YOU ARE FURTHER NOTIFIED that a hearing in this matter willbe held at 9:00
‘a.m. on Wednesday, March 18, 2020, at Commission offices located at One Broadway
Center, Suite 600, Schenectady, New York, at which time you may be represented by
‘counsel and present evidence and arguments on your own behalf.
“This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding
Law ("Racing Law") §§220, 245 and 260 (with respect to Thoroughbred licensees) and
Racing Law §§ 309, 310 and $21 (with respect to hamess licences) and State
‘Administrative Procedure Act § 401, upon a finding of the Commission that the public
safety and welfare imperatively require this emergency action because your continuedparticipation in racing is a potential cause of public harm and further could result in an
Impairment ofthe public's confidence in pari-mutuel racing in New York state and have
‘an adverse effect upon substantial State and public revenuos and revenues to the
industry in general generated by pari-mutuel racing, in that, under the present
circumstances you lack the general character and fitness for continued participation in
pari-mutuel racing, and your continued participation in par-mutuel racing is presently
inconsistent with the public interest, convenience and nacessity and with the best
interests of racing generally, based upon the circumstances and charges stated more
particularly hereinatter.
‘The disposition of these matters may result in the revocation of suspension of
your license or licenses, your exclusion from all racetracks in New York State and the.
imposition of fines. In particular, at the scheduled and any adjourned dates of your
‘hearing you are notified that, pursuant to Racing Law §§ 220 and 250 (with respect to
“Thoroughbred licensees) or $§ 309 and 321 (with respect to hamess licensees), Article
3 of the State Administrative Procedure Act, and Part 4550 of @ NYCRR, Commission
Counsel may advocate that you should each be fine it ar atsiounl aol exceeding
{$25,000 per violation and have your license or censes to participate in par-mutuel
‘acing suspended or revoked and that you should be excluded from all New York State
ravetiacks whether as a licensee, participant, or pation pursuant to Racing Law §
220(2) and 9 NYCRR § 4042.1(f) (with respact to Thoroughbred licensees) of Racing
Law § 321 and 9 NYCRR § 4119.7 (with respect to hamess licensees) of the Racing
Law (with respect to hamess licensees) and the applicable Commission rules at 9
NYCRR, in that:
Henry Argueta, Alexander Chan, Jorge Navarro, Christopher Oakes, Jason
Semis, Nicholas Surick and Michae! Tannuzzo participated in widespread criminal
schemes to provide and cause illegal drugs to be used! by racehorses from on or about,
January 2018 to February 2020. Rick Dane Jr. and Kristian Rhein participated in such
schemes from August 2013 to October 2019 (Dane) or April to September 2019
(Rhein). In furtherance of these schemes (except by Argueta), PEDs were misbranded
‘and adulterated and shipped unlawful in interstate transport in violation of federat
criminal law for the purpose of illegally drugging racehorses. Navarro, Oakes, Servis(assisted by Argueta) and Surick administered blood doping agents capable of
‘abnormally enhancing the oxygenation of body tissues to racehorses in violation of 9
NYCRR § 4043.12 (Thoroughbred) or @ NYCRR § 4120.17 (harness), as the case may
be, that were under their custody, control and care. Surick helped Navarro treat a horse
with shock wave therapy in violation 8 NYCRR § 4043.14, Chan, Servis and Surick
falsified records to conceal these crimes and rule violations,
‘Commission Counsel may advocate that the horses that were racad in violation
of Part 4043 of 4120, as set forth above, shall be disqualified from each such race and
from any share of the purse in such races, and such shares shall be redistributed
_amiong the remaining horses in the race entitied to the same, pursuant to the foregoing
statutes and rules.
PLEASE TAKE NOTICE that the hearing wil be conducted pursuant to Section
245 and 821 ofthe Recing Law, Article 3 ofthe State Administrative Procedure Act and
Part 4550 of 9 NYCRR
PLEASE TAKE NOTICE that you may be represented by counsel, eoss-
cexomine witnesses, and present evidence and arguments on your own bei
Interpreter services wil be made avaiable to deat persons and people who are not
English language proficient ano charge but should be requested in wring a east one
‘week before the hearing date, or as soon as reasonably possibi. You are responsible
to deliver this Notice of Hearing to your attorney, I you have of retain one. This shall
be do novo heating that may result in the imposition of any legally available penalty
inchding a ieense suspension o revocation and 2 fina not fo exozed $25,000,
PLEASE TAKE NOTICE that unless you object before the hearing dat, the
‘Commission may conduct your hearing using lve video conferencing that alows you
‘and each cther witness to partipate and testy from another feation that might be
‘more convenient. To ebjctto lve video conferencing, you must contact the hearing
coficer with concurrent notice to the assigned counsel, The Hearing Officer wil
determine, ser an opportunity forthe parties to be heard, whether or not to use live
video conferencing. If you choose 10 patiipate in your hearing through video
conferoncing, then you ae responsible to be sure theta copy of any physical evidencethat you may want to use during testimony or introduce into evidence has been
dolivered to opposing counsel and the Hearing Officer before the hearing, and that the
Hearing Offcer is afforded an opportunity to examine any original of such evidence
that you may want to introduce into evidence.
PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of
the Hearing Officer for good cause shown upon the request of any party. Requests for
adjounments must be submitted as soon as reasonably possible. Absent a serious
emergency matter, no requests for adjournments, except forthe initial hearing date of
March 18, 2020, will be granted within two business days of the scheduled hearing
date, To request an adjournment, you must contact the hearing officer at
mhoblock@amailcom with concurrent notice to the assigned counsel at
{ck goode!ll@oaming.t.aov, a8 soon as possible. Requests for adjournments must be
in writing and, after the opposing party has an opportunity to be heard regarding a
request for adjournment, approved by the Hearing Officer. If you fall to appear at the
hearing, then you will ke in default, any appeal you filed and request that you made for
a hearing may be deemed withdrawn, and the Commission may proceed in your
‘absence with the heating, Adjournments on consent of all parties are subject to the
approval of the Hearing Officer.
PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing
‘and have not been granted an adjournment, then the hearing shall take place as
‘scheduled and @ decision, including by default, shall be made on the charges. The