[QUOTE=COTH2012;8268552]
This was posted on Facebook and has nearly 50 shares. The comments posted have been nothing but positive in Tommy Serio’s hearing…
The following is a very important message regarding a recent USEF hearing. It is relatively long, but I encourage every USEF member to read this letter, as it could be you next. I initially sent this letter to approximately 10 trainers and horse show managers and the positive feedback, outpouring of their own personal stories with USEF, have given us the impetus to move forward with a lawsuit. It’s time to put this federation back in the hands of those who started it, the MEMBERSHIP, and make the needed changes everyone would like to see going forward…
Below you will find MY commentary on what has occurred with my husband Tommy Serio regarding alleged DRUG violations asserted by USEF. USEF being the national governing body of the International Olympic Committee. An organization bound by rules and bylaws that are routinely circumvented for the almighty dollar. This commentary comes at the heels of Tommy being told he will be suspended for 8 months and to pay a fine of $8,000.
Our organization U-SEF.
I call it U-SEF, because that’s what they do: they accuse “you”; they use “you”; and it’s YOU against them. You are guilty until proven innocent and a bevy of alleged unbiased peers get to decide your fate regardless of the truth and facts.
This organization isn’t one that supports you, the membership, they simply accuse you and you are never given a real chance to go to a REAL court, with real rules of law to be followed, for any hearings. It’s a group of the same people where some have been on the hearing committee for 25 years, so you better hope and pray you are on the right side of the good old boy network, or you are toast.
This past year has been a very difficult year for Tommy and I. He had a positive blood screen/test which has had our lives come to a screeching halt. This is a fine, honest horseman who is a member of the Hall of Fame of Maryland, and the Hall of Fame of Virginia. He is a horseman that cares so much about his horses and even takes the time to shoe them in the absence of the farrier. In nearly 40 years of horse showing, Tommy has had just 1 issue with U-SEF. He had an outside client- the horse never being in his care, custody and control- tranquilize a horse to clip a few days before showing at their own farm. The horse was then shipped to the show to compete. This horse tested positive for a trace amount of the tranquilizer, unbeknownst to him, and Tommy was set down and fined. Just after his case, they changed the rule, allowing trainers to sign as “coaches” when the horse is not in their care. He was the example they needed, however, to make their point.
Fast forward to 2013. I am in the Animal Health Industry- I have been the Adequan representative for 12 years. I receive free product all the time from vendors in the industry. I have received free, a year’s worth of Farriers Formula, 4 months of Succeed, 1 dozen tubes of Surpass, 6 months of Platinum Pack, 24 tubes of Perfect Prep, and many more. At a veterinary event, I had a colleague give me several tubs of a product a vet developed called Tranquility- a FEED SUPPLEMENT. It was touted as a supplement to settle the belly of the horse, to prevent ulcers, and ultimately settle the horse. It was NOT touted as a performance enhancer nor a sedative. I received this in January 2013 and we never used it that first year- I am not a real believer in joint supplements, so this crossed over to the realm of supplements for me, so I put it in the peak of my trailer. After my tenant moved out of my barn apartment in March 2013, I put the Tranquility in my barn apartment and forgot about it until we were pulling everything out the next season. As I began cleaning the apartment to prepare for a new tenant for WEF 2013-2014 Season, moving in December 2013, I discovered the product and we thought we’d try it for a few horses.
Before feeding the Tranquility, and knowing the heightened issues with U-SEF and supplements, we decided to call the company to see if we could use this product at recognized shows and they told me “absolutely, there are no issues”. We did, however, not use the product on show days. That year at WEF, March 2014, a Pre Green horse of a client of Tommy’s was tested. This horse was on the feed supplement, in addition to another horse we have- both horses are related to each other. We never heard a thing back from the test in March 2014, and then in June 2014, the other horse on the supplement was drug tested at Upperville 2014 in early June. Again, this supplement was never given on show days.
In late June 2014, after Upperville, at The Roanoke Valley Horse Show, Tommy received, by email, the result from the first test at WEF, in March 2014. This was nearly FOUR months after the blood draw. The result claimed that horse was positive for GABA. We froze in our tracks. Tommy had never used any form of GABA and the new injection rule after 12 hours had never been broken. We scoured our barn to look for anything that could possibly contain GABA. We called our vets, friends, etc. We looked closely at our feed. Finally we remembered we had used and finished the Tranquility after the Upperville show. Unfortunately, by the time the notice came, the Tranquility had long been used and we had no remaining containers. At that time, I called the company a second time and told them we had a positive test and wanted to know if it was possible that their product contained GABA. At this time, the employee asked the DATE of the product. I didn’t have the packaging any longer but was able to confirm that I received it around January 2013. She said “oh yes, there was a GABA derivative of it then”. Unbeknownst to the company, while they assumed all of their product containing GABA was accounted for, we had some from a vendor. Sadly she had not mentioned this when I called the first time back in early 2014.
In August during Kentucky 2014, the result of the second horse’s test from Upperville June 2014 came and it was also positive for GABA. This result was provided within TWO months of the blood draw, when the prior test took FOUR months to notify Tommy. Had U-SEF notified him sooner we would have realized the issue with Tranquility and removed it earlier. Sadly due to late notice, Tommy got a second violation.
As a result of these two positives, Tommy was hailed to Kentucky in March 2015, to sit before a Hearing Panel, a very scary position to be in for a regular horseman whose office is a riding ring, not a hearing room being judged. In position was a hearing panel of about five members (many of which had sat on NUMEROUS GABA hearings, and some that had business relationships with other supplement companies). The panel has its own attorney, who by the way, is supposed to be separate from the U-SEF, but the U-SEF membership money pays for his attendance. Despite only being there to help the Panel if called upon, he acts as the judge, jury and executioner while the hearing takes place. The U-SEF has their employees there too. Add to the equation the PROSECUTOR Alan Foreman, who is retained by U-SEF, to nail trainers to a cross. Then add the experts U-SEF pays to come in, one being Dr. Maylin, an older vet who hasn’t practiced actual veterinary medicine in the field in over 30 years who also “developed” the GABA test that the U-SEF is using for its malicious prosecution. The room is filled with persons staring at Tommy as if he is a horrible, cruel, and uncaring horseman when it comes to the equines in his barn, a very uncomfortable situation for a humble man.
At the hearing, U-SEF agreed with Tommy that the timing for the first result should have been quicker. Tommy was honest with them in that he DID tell them he fed a supplement that he thought was ok to feed and we did our due diligence. He was very clear it was not used on days the horses competed. He was honest with U-SEF in that he told them exactly what happened- many would have denied use of anything at all. We even had a notarized affidavit from the veterinarian that developed Tranquility, testifying we did everything right before feeding this product, and it was all a huge, unfortunate accident. The hearing panel selected by U-SEF didn’t listen nor care. Yes, the hearing panel, made up of Hook, Topping, Moroney, and Esser, stared at Tommy and ultimately ruled that he was a horrible horseman, a liar, and someone who callously used a product. In fact, they ruled that they didn’t believe Tommy even used the Tranquility and decided he must have used Carolina Gold, the injection, and wasn’t being truthful. How insulting to be deemed a LIAR by your peers.
The day of Tommy’s hearing he asked them to allow new evidence to his hearing- a study that was released that same day for publication in scientific journals, which proved GABA had no performance effect on a horse, no long term deleterious effects and certainly was not the big bad substance killing horses that the U-SEF and Maylin had been touting for three years. U-SEF , however, would not allow the study to be admitted to the hearing. Since Tommy’s March 2015 hearing, we have also learned from UC Davis veterinarians and other scientists, that the testing done by U-SEF for GABA is completely inaccurate, flawed, undocumented, and a complete farce. In fact, neither Dr. Maylin nor the U-SEF have turned over the underlying study data to any third party scientists for scrutiny. Another later learned issue has shown fescue hay increases levels of GABA, as do some endocrine diseases- these two horses are related, and both were on Regumate as well.
At his hearing in March 2015, Tommy asked the committee about Perfect Prep products and where U-SEF stands with these products, since the U-SEF says no calming agents are allowed to be used to alter the way a horse performs. They told Tommy that Perfect Prep products are not allowed to be used. He responded saying that U-SEF was sending mixed messages to their membership, by allowing Perfect Products to sponsor divisions, give out winning coolers to championship horses, have banners in the ring and last but not least, by accepting thousands of dollars in U-SEF/USHJA sponsorship dollars. U-SEF said “we can’t monitor and shut down every store at every show selling these products. We can’t be everywhere”. (On another note, I asked the owner of Perfect Products what his relationship was like with U-SEF and he responded “U-SEF absolutely LOVES us, we spend a fortune with them”). Another interesting tidbit that perhaps U-sef is not aware of, is that numerous vets- including vets on their own drug committees- sell their own concoction of calming agent. So how does anyone know what can and cannot be used? NO CALMING AGENTS whatsoever are allowable, as per U-SEF. In this instance, the supplement we used was believed to calm the stomach, prevent ulcers, which ultimately settled the horse. It was NOT used to reduce the enthusiasm of the animal.
The U-SEF sadly doesn’t realize that horse show grounds are not what they used to be. Everything is grid locked, everything is dangerous. Horses have to share the pathway to the ring with people hurrying in golf carts, bicycles, motorbikes, clustered pathways, vendor trucks, water trucks, jump crews etc. Never before did horseman have to try and get their horses to the ring like a Mario brothers video game.
If U-SEF wants nothing done to “alter or enhance performance” of a horse, why draw the line at supplements and medications? Should we no longer lunge? Should we no longer use draw reins? Should we no longer hack horses in the arena in the morning and show them jumps? Should we even ride horses period? This mentality can go so far as to be absurd, can go so far as to ruin this industry.
In the last week of July 2015, there have been 2 very interesting rulings regarding positive tests that were wiped clean. FEI let the entire Swiss show jumping team off for a positive test at CSIO5* at La Baule (FRA) on 17 May 2015 for Codeine and Oripavine, and the Controlled Medication substance Morphine, saying it had to be contaminated feed. More recently, Todd Pletcher, Eclipse Award Racing Winner, had a positive betamethasone test and it was also wiped clean. Pletcher’s test was thrown out because the District Attorney, from a court of law, emphatically knew the underlying study that was done could NOT withstand scrutiny in a court of law. Guess what? The same holds true for the U-SEF They knew damn well that their study and that of Maylin in no way can withstand a court of law, but they decided to run fast, punish quick, and find a way to try and justify to the industry that they are doing something to “protect” the animal. Do people realize that over 50,000 blood samples have been run for GABA at U-sef and less than 30 positives have been ferreted out. In fact the U-SEF recently lowered the prosecutorial threshold to capture more “violators.”
During this entire process I offered to pay for a study to prove this oral supplement increased these levels in our horses. We were never given an opportunity to establish NORMAL baseline levels of GABA in either horse. (Keep in mind we had no idea that the UC Davis study was not only completed, but it was also published for scientists back in 2014. The USEF, RMTC, Maylin, U-SEF lab employees, and the attorney, Foreman, of USEF knew very well it existed and chose to bury it). I was told by the attorney the study would run around $6,000 and I agreed to do it, gladly. Two months into the gathering of evidence and before Tommy’s hearing in March 2015, I was asked again if I was willing to pay for the study, however, this time I was told “it’s a little more expensive now- it’s nearly $30,000?” We don’t have that kind of money to fund a study, so I was not able to do this. In my opinion, these are the studies U-SEF needs to fund. Currently, they are using a 6 horse, backyard study, that was done by Maylin, retained by U-SEF for a handsome portion of our membership funds, who took no notes, wrote down no timelines and simply said “GABA is bad and a horse fell down upon injection 1 time when they bolused Carolina Gold in the vein of the horse.” These were also older, retired horses that lived in Maylin’s own backyard. Where is the documentation, the study controls, notes, videos, graphs, statistics and even witnesses? Keep in mind Maylin took six weeks from purchase of Carolina Gold to reporting to U-SEF, as the sum and substance of the study used to prosecute U-SEF members.
The study we tried to admit as evidence, which was released the day of Tommy’s hearing, March 2015, was a controlled study, by a veterinarian (and her team) with nearly 200 TB/warmbloods/different breeds enrolled, with controls and measures, and the U-SEF would not allow this to be admitted as evidence? Why? Because too many people have already taken the fall for GABA- what would they do for those people already prosecuted? This is a witch hunt. This was a powdered supplement.
After Tommy pointed out to U-SEF that he felt the second positive should be thrown out, since it took 4 MONTHS to get the results from the first test, and he’d never had still been feeding the Tranquility if he had the test sooner, U-SEF agreed. When it came down to the hearing committee written findings, however, they must have forgotten this and they did not allow a suspension for only one horse and did not dismiss the second horse’s positive test. They gave Tommy MORE suspension time than people found with COCAINE violations, more than people found with ACEPROMAZINE violations, more than ANY suspension for medications that were administered to mask injuries and illnesses.
The second horse of Tommy’s that was tested at Upperville 2014, STOPPED in the class he was tested. Now I ask you- was his behavior altered any? Why are we not testing Champion and Reserve horses on a routine basis? We all know there are cheaters out there- Tommy Serio is not one of them. We ALL hear about grooms walking to the Pony Ring at WEF, pulling the pony into the Turtle Lane walkway to give them a shot. All of us watch and see many horses pulled from a class if he shakes his head wrong at a fly with their Amateur or Adult rider, just to come back dead quiet 12 trips later. Was he lunged? Of course not! I know this because I do lunge my horses. Everyone can look around and see who is in the lunge ring. How is it there are only 3 lunge areas at WEF during the day to use, and no one is supposed to use any calming agents whatsoever. If this is the case shouldn’t show management be required to dedicate 2 huge arenas for lunging- open at all times? I’ve been in the ring at 5 am lunging and there aren’t nearly the numbers of horses you’d expect for the volume of competitors.
The people cheating at this sport will ALWAYS be a step ahead of the testers- ALWAYS. They will be on the next drug and unfortunately, they will have no idea how it will work in a horse and it could possibly kill one one day, but that is NOT what happened here. Tommy used a “FEED SUPPLEMENT” to settle the horses bellies, and is paying dearly for it.
The wonderful thing in all of this- his friends and clients have continued to support him, and continue to have faith in him as a horseman.Trainers have also supported him, and all of them have expressed interested in wanting and needing change in our organization, U-SEF. Many trainers are rethinking what they feed horses- including the kind of hay they feed. So many trainers have called and a few even admitted to using Carolina Gold and NEVER being caught despite being tested over and over, which has been mind boggling. This was not a case of Carolina Gold use. This was a case of using a supplement we were told was fine to use and U-SEF is making this a witch hunt.
After a hearing, every member of U-SEF is entitled to ask for a rehearing. Of course, you need to pay the U-SEF more money to do so. Tommy promptly paid U-SEF the $750 to ask for a rehearing. After the U-SEF processed the credit card transaction, they promptly made a completely erroneous error and published the results of his first hearing, which was still under review, impermissibly, on their website for several hours for the world to see. This was completely unethical to do, and U-SEF has still not acknowledged this, except to say, “oops, sorry, clerical error”.
This is an honest man’s livelihood. His reputation is all he has and his past reputation speaks volumes for who this man is as a person. The hearing committee- the same members from 25 years ago- have denied a rehearing on no warranted basis, and we are looking for more options- including a lawsuit against U-SEF. We are also considering a lawsuit against Dr. Maylin and the U-SEF laboratory, and Mr. Lomangino. It won’t take much to subpoena the emails between the parties to demonstrate collusion. If Tommy is out 8 months, he will spend that time litigating heavily, and as a member of USEF, a 501© (3), the books of the U-SEF he will be entitled to review. It will not take long to find out the truth, but it will be costly. Anyone that would like to assist in the legal funding of this, we will welcome your joinder and contribution.
I hope one day when people say “it’s U-sef. It will never change, it’s going down to hell in a handbasket”, I hope those same people read this and realize it is SERIOUSLY time for CHANGE and the time is now.
On a comical note: in June 2015, I happened to win almost every class in the A/O’s at a horse show in North Carolina. Guess what I received for EACH first place ribbon? A tub of QUIESSENCE for my horse. Boy, can you say mixed messages??? I took photos of those certificates, along with photos of every perfect prep trophy presentation, examined the suspensions of every U-SEF hearing related to a drug suspension, and in this case, the suspension and fine they gave Tommy clearly does not fit….this must stop!
Please comment if you feel so inclined, message us with questions or clarifications.
Thank you for reading,
Tommy Serio and Kathy Brown Serio
Just so everyone is clear, I have written this letter with the approval of an attorney.[/QUOTE]
Wow…this letter covers all the bases:
-It was an honest mistake (this is understandable)
-USEF is on a witch hunt
-You can’t prove it in a court of law
-What are we supposed to do
-It’s not even that bad
-Everyone’s doing it (my favorite)
-USEF is ruining the industry (because, obviously, drugs are good for the industry).
I have a hard time believing this letter was blessed by an attorney. But wait, I thought you didn’t have an attorney? Wasn’t it just Tommy all by himself against the good ole boys in the hearing? Hmm…I’m really confused.
The most disappointing thing from this letter is learning how much support the Serios have received. Instead of condemning violators, trainers feel sorry for anyone who gets caught. What a great culture.
No doubt this is awful for the Serios. I kind of feel sorry for them because I understand that some people feel that “you can’t beat 'em so join 'em” when it comes to drugging. But, I’m really glad USEF is standing its ground, particularly with Colvin (who I think is a much larger fish than Serio).