FTC Judge Upholds HISA Two-Year Ban, Fine for Veterinarian Dr. Michael Galvin

A Federal Trade Commission administrative law judge affirmed the Horseracing Integrity and Safety Authority's two-year suspension and $25,000 fine against New York-based veterinarian Dr. Michael J. Galvin, a ruling the original report characterized as carrying "industry-wide regulatory and welfare implications."

The Galvin decision is the latest in a pattern of FTC administrative law judges upholding HISA-imposed sanctions across a range of cases involving trainers, veterinarians, and racetrack personnel. In each instance, sanctioned parties pursued FTC review under 15 U.S.C. § 3058, the statutory provision that allows an aggrieved person to challenge HISA civil sanctions before an ALJ and, thereafter, before the full Commission.

The volume of parallel enforcement proceedings underscores how contested HISA's regulatory reach has become since the authority assumed oversight of American thoroughbred racing. In a separate matter decided on Sept. 12, ALJ Jay Himes upheld a two-year suspension against veteran trainer Phil Serpe stemming from a clenbuterol positive detected in the urine, though not the blood, of his trainee Fast Kimmie (Oscar Performance) following her Aug. 10, 2024 victory in a $30,000 claiming race at Saratoga Race Course. Himes also modified that award to add a $25,000 fine, writing that he would "modify the award to add a $25,000 fine against Serpe."

Serpe had argued he was constitutionally entitled to a jury trial, a claim Himes flatly rejected: "I hold without merit Serpe's argument that he is entitled to a jury trial under the Seventh Amendment." But Himes did not stop there. He took direct aim at what he called HISA's strategic posture in such proceedings, writing that "there is something unseemly about the Authority's constitutional avoidance strategy, which would enable it to forego often minor monetary fines while continuing to expose those covered by HISA and the Rules to banishment from Thoroughbred horseracing for substantial periods of Ineligibility." Himes also cited Serpe's pointed rhetorical question from a parallel federal action: "Will Defendants run this set of plays every time a Covered Person is prosecuted under HISA and seeks to vindicate his Seventh Amendment right?" A HISA spokesperson declined to comment on Himes' ruling, and Serpe's legal team could not be reached.

The same two-year suspension and $25,000 fine combination appeared in the April 22 FTC ruling against trainer Jonathan Wong, whose case involved a metformin positive. Wong has indicated he intends to pursue a due process challenge in federal court.

In a case decided under RSP Rule 2215(a)(4), an FTC filing dated March 4, 2026, shows an ALJ affirmed the two-year suspension of a respondent identified as Mr. Kriple, running from October 28, 2025, through October 27, 2027, after an Initial Adjudicatory Panel found he had deprived his horse Royal Honey of necessary veterinary care at Belterra Park. The FTC's ruling was unambiguous: "Mr. Kriple deprived Royal Honey of necessary veterinary care. For the reasons set out below, his two-year suspension is affirmed."

Not every FTC review has gone HISA's way. On Oct. 4, an FTC administrative law judge overturned a New Mexico stewards' ruling that HISA had backed against jockey Oscar Ceballos for his second-place ride aboard Alotaluck in the Sunland Park Derby (G3).

The broader regulatory landscape around HISA remains unsettled. The Supreme Court has asked three appellate courts to give HISA cases further consideration, and the Association of Racing Commissioners International has said an independent assessment of HISA programs raises questions about whether the results justify the authority's costs. HISA's proposed Racetrack Safety Program rule changes were approved by the FTC and took effect July 8.