Press Release:

The New York State Gaming Commission today announced that the New York Court of Appeals has
upheld the 2015 sanctions levied against harness trainer Lou Pena, who was found responsible for
1,719 equine drug violations in 675 races.

The ruling ends more than six years of litigation and validates the Commission’s actions of using
veterinarian records to determine if pre-race drug violations had occurred.

In 2012, the Commission sanctioned Pena after a comprehensive investigation of veterinary records
determined that he entered and raced horses that had been impermissibly treated between January
of 2010 and April of 2012. Following a hearing, Pena was banned from the sport for three years and
fined $343,400.

“We are pleased with the Court of Appeals determination,” Acting Executive Director Ron Ochrym
said. “The Commission takes all allegations of administrations of illegal substances seriously and will
continue to uphold the integrity of racing in New York State.”