Archive for the ‘Regulatory Issues’ Category

ARIZONA RACING FROM INTEGRITY?

Monday, February 22nd, 2010

By Ray Paulick
It’s a common belief that the court system gives a racetrack owner private property rights to exclude anyone it chooses from its premises. That doesn’t seem to be the case, however, particularly when the individual being excluded holds a state license to practice his profession on racetrack grounds.

Just last week, Judge Brian R. Hauser, in the Superior Court of Maricopa County in Arizona, issued an under-advisement ruling permitting jockey Enrique Garcia to continue riding at Turf Paradise after the Phoenix track had served him a “Notice of Exclusion” on Dec. 23, 2009. The court on Jan. 28, 2010, had already issued a temporary restraining order prohibiting Turf Paradise from excluding Garcia from engaging in his occupation as a licensed jockey, but the most recent order converted the restraining order to a preliminary injunction. Garcia will be able to ride until further notice.

According to Judge Hauser’s ruling (which can be viewed here), Turf Paradise management began to suspect in the spring of 2009 that jockey Garcia was also training horses at Turf Paradise without a license. Specifically, it was suspected he was training horses owned by A Double Monkey Stables, although the trainer of record for Double Monkey was someone named Leonard Espinoza. Turf Paradise management suspected Espinoza was merely a “paper trainer,” meaning he lent his name and trainer’s license so the stable owner could get stalls at the track.

The ruling said Turf Paradise took no action against any of the parties involved in this activity, nor did it report the apparent rules violations to the Arizona Department of Racing, which oversees licensing and regulations in the state.

In a $3,500 claiming race at 5 1/2 furlongs on Dec. 20, 2009, a horse named I Xcell finished first by 2 3/4 lengths for A Double Monkey Stable at odds of 31-1, with Jose Medina riding instead of Garcia, who had ridden the horse in six previous starts. Garcia rode the 8-5 favorite, Fire Talker, who was last for the first half-mile and passed three horses in the stretch to finish a non-threatening fourth.

Stewards disqualified I Xcell for alleged interference against the original third-place finisher. Equibase chart footnotes of the race said I Xcell “drifted in just slightly passing the sixteenth pole,” but also said the runner-up in the race “drifted out some” near the sixteenth pole, the area where the third-place finisher was “steadied.” Judge Hauser’s ruling said the disqualification became a “cause célèbre in the racing community for a time,” and I Xcell’s owner has appealed the disqualification.

The owner of Fire Talker testified that Garcia “did not deliberately restrain Fire Talker in the race” and does not “suspect any improper behavior” by the jockey in the race, according to the ruling. “No evidence was presented that Turf Paradise or the racing stewards have accused Garcia of misconduct affecting the race,” the Superior Court ruling said.

However, three days after the race, Garcia was served a “Notice of Exclusion” by Turf Paradise general manager Eugene Joyce, stating that the track is private property and that Garcia “had engaged in conduct detrimental to racing.”

Joyce, according to the court ruling, believed Garcia had hidden ownership in two horses owned by Carlily Ojeda (co-owner of I Xcell), and that Garcia and Ojeda were “romantically involved.” At a hearing, Garcia denied any relationship with Ojeda.As a result of the circumstances, Joyce testified that he had a problem with Garcia, A Double Monkey Stable owner Miguel Flores, trainer Espinoza and co-owner Ojeda. However, Turf Paradise took no action against anyone other than Garcia and, according to the court, “did not refer Garcia or the others to the (Arizona Department of Racing.).”

Judge Hauser wrote that “strong circumstantial evidence” suggested the exclusion was not based on hidden ownership or unlicensed training but on Garcia’s “riding in the Dec. 20 race, for which he has not been accused of anything.”

The court ruled Garcia “has a protected right to engage in business as a jockey as long as he holds a jockeys license. That right must be balanced against defendant’s private property rights.” It found “on the record developed so far” that Turf Paradise’s decision to exclude Garcia was “unreasonable under all the circumstances because it was pretextual. If defendant’s evidence is true, it was aware for over six months that Garcia may have been involved in training horses yet it took no action to exclude him or to report this illegal activity to the Department.”

“The balance of hardships tips far in plaintiff’s favor,” and Garcia’s “need to earn a living outweighs (Turf Paradise’s) need to preserve its right to control who enters on to its property.”

Finally, the court wrote, “The integrity of the racing industry is a matter of public importance. Given that (Turf Paradise)…was content to permit Garcia to ride in races over a seven-month period despite believing him to be training horses with the assistance of a ‘paper’ trainer, convinces the court that the industry can endure the issues raised in this case until final judgment.”

In other words, Turf Paradise screwed up by looking the other way at an alleged activity that violated racing rules over a number of months and by not reporting the alleged violations to the state’s regulatory agency.

Would it be that much of a stretch to suggest the disqualification of I Xcell from the Dec. 20 Turf Paradise race may have come not because of interference at the sixteenth pole but because track management believed games were being played by Garcia and possibly others? Disqualifying I Xcell would prevent any alleged conspirators from cashing a big ticket on the race. If that was the case, Arizona racing has a serious problem with integrity.

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Tags: arizona department of racing, carlily ojeda, double monkey stable, enrique garcia, eugene joyce, fire talker, Horse Racing, i xcell, miguel flores, notice of exclusion, Paulick Report, racetrack exclusion, Ray Paulick, turf paradise
Posted in Jockeys, Legal Issues, Regulatory Issues | 29 Comments »

GILL’S GANG OF MISFITS

Tuesday, February 2nd, 2010

By Ray Paulick
It was no dream team that Michael Gill assembled to run his racing operation in Pennsylvania over the past year, at both his farm in Oxford, Pa., and at Penn National race course near the state capital of Harrisburg. In fact, the cast of felons and rule breakers working for Gill has proven to be a regulatory nightmare for the Pennsylvania State Horse Racing Commission charged with policing the sport in the Keystone State.

In the wake of the highly publicized decision Jan. 23 by Penn National jockeys to boycott races with Gill-owned runners, track management has asked the moribund racing commission to investigate allegations by the jockeys that horses prepared by Gill’s two principal trainers present a safety risk and have suffered a high number of catastrophic racing injuries. But, by law, there’s only so much the racing commission can do, even if the commissioners and top executives took their jobs seriously.

The commission can conduct post-mortem examinations on the horses that died while racing at Penn National. It can search the barn and interview employees at the track where Gill’s horses were, until the Jan. 23 incident, trained by Darrel Delahoussaye. But it cannot conduct any kind of investigation at Gill’s Elk Creek Ranch, where as many as 140 racehorses have been stabled and trained since Gill, a New Hampshire-based mortgage executive, reemerged as a racehorse owner in the second half of 2008 after a two-year hiatus. The commission, a division of the state’s Department of Agriculture, has no jurisdiction over “private property.”

Elk Creek Ranch is centrally located in Chester County’s horse country in southeast Pennsylvania, roughly 90 minutes from Philadelphia Park, Penn National, Laurel and Charles Town racetracks. It was purchased by Gill out of necessity earlier this decade when an increasing number of tracks opted not to give stalls to Gill or his trainers because of his aggressive claiming tactics. Gill unsuccessfully tried selling the property when he got out of racing in 2006, the year he received an Eclipse Award as the outstanding North American owner. The award recognized the 2005 racing year, the third consecutive year Gill led all North American owners by races and money won. He added a fourth title in 2009, when his stable piled up $6,670,490 in earnings after his horses won 370 of 2,247 starts.

But the 54-year-old Gill has done more than accumulate wins and money from horse racing purses. To go along with his own checkered past in the sport, Gill has assembled a team of trainers, veterinarians and affiliated bloodstock agents that have shown an almost habitual disregard for the rules of racing.

Here are some examples, based on law enforcement records and rulings from the Association of Racing Commissioners International:

-Gill, in the 1980s, was suspended or ineligible for licensing in Massachusetts and New Hampshire on different occasions for financial obligations. He decided to train his own horses in 1995 and was nailed for having injectable drugs, syringes and needles during a barn raid at Rockingham Park. The New Hampshire Racing Commission suspended Gill for three years. When he returned, he left the training to others. Gill’s RCI rulings.

-Anthony (Tony) Adamo, Gill’s 38-year-old racing manager and one of his trainers, compiled 11 separate violations in 2009, with fines of $3,300—mostly for entering ineligible horses in various races. Adamo, however, has no suspensions or major medication violations on his record during or prior to his association with Gill. Adamo’s RCI rulings.

-Trainer Darrel Delahoussaye, a 47-year-old trainer fired by Gill after Laughing Moon’s breakdown on Jan. 23 became the catalyst for the jockeys’ revolt at Penn National, paid at least $1,500 in fines following eight separate rulings in 2009 against him by the Pennsylvania State Horse Racing Commission.

Delahoussaye had his license revoked by the Louisiana Racing Commission in 1984 following a felony conviction and did not become eligible for reinstatement until 1993. Since then, he has been suspended twice for possession of needles, syringes and injectable drugs—once in Ohio in 1998 and once in Michigan in 2000.

The Ohio Racing Commission also suspended Delahoussaye for one year in 1998 after he was ruled to have “mistreated, abused or engaged in an act of cruelty to a horse; used appliance other than whip for the purpose of stimulating speed.” The appliance was described in court documents as a “wooden stick with stripped electrical cords stuck to it.” A veterinarian and two assistants testified seeing a horse at Beulah Park “jump two or three feet in the air” and then witnessed Delahoussaye unplugging an electrical cord from the wall. Delahoussaye appealed the case but ultimately lost. Delahoussaye’s RCI rulings.

-Cole Norman, 41, hired by Gill to train horses stabled at Elk Creek Ranch last summer, served nine months in jail for negligent homicide, a felony, and was released in January 2009. On Feb. 5, 2007, near Hot Springs, Ark., Norman drove head-on into a car driven by 86-year-old Virginia Heath,killing the woman who was a cousin of former President Bill Clinton. Norman, six-time leading trainer at Oaklawn Park, was found to be under the influence of prescription drugs, to which his attorney said he was battling addiction. Prosecutors said seven different drugs were found in Norman’s system at the time of the crash. Later that year while out on bail, Norman was again arrested for DUI and drug possession after reportedly sideswiping a row of mailboxes in Louisiana.

But Norman has also compiled a prodigious number of medication violations as a horse trainer. Since 1996, the son of the late trainer Gene Norman, has been assessed fines or suspensions in at least 30 cases involving medication violations in Louisiana, Arkansas, Texas and Oklahoma. In a rare foray to California in 2005, Cole was accused of milkshaking the horse Top Commander in the Grade 1 Bing Crosby Handicap at Del Mar. According to the California Horse Racing Board’s equine medical director, Dr. Rick Arthur, the total carbon dioxide level (39 millimoles per liter) found in Top Commander was the highest recorded of any horse in the 10 months milkshake testing had been conducted. “At 37, there can be some question (of how the TCO2 reached that level),” said Arthur, “but at 39 no one will argue with you that the horse was milkshaked.” Norman also had two TCO2/milkshake violations in Louisiana in 2006. Other rulings on his RCI rapsheet include possession of unlabeled medication in his tackroom and providing Oaklawn Park’s official clocker with incorrect names of horses working out. Norman’s RCI rulings.

-Veterinarian Kevin L. Brophy, 55, bases his practice at Penn National, but according to Tony Adamo is also Elk Creek Ranch’s principal vet. Brophy has 13 rulings in the RCI database, most recently a $500 fine from the Pennsylvania State Horse Racing Commission for submitting “an inaccurate vet treatment report” for a Gill horse named Monsoor on Oct. 23, the night the son of Mt. Livermore won a $4,000 claiming race at Penn National. After his next race, a Nov. 11 victory carrying a $5,000 tag, Monsoor pulled up lame and has since been sold by Gill to trainer/bloodstock agent Mark Wedig for $1.

Brophy has been fined a number of times during his career for failure to file complete or accurate veterinarian treatment sheets, and on one occasion in 2004 for “submitting a fraudulent treatment slip.” Brophy’s RCI rulings.

-Veterinarian Louis A. Grasso, who recently started working on horses from Elk Creek Ranch, was the central figure in two criminal cases involving banned medication and has had to surrender his racing license or had it denied in New York and New Jersey. In 1991, the 53-year-old Grasso, primarily a Standardbred practitioner, was convicted of the federal crime of selling anabolic steroids to an undercover agent. Nine years later, on April 11, 2000, the New York-based Grasso was under surveillance in Delaware while visiting a private racing stable and agents with the office of Narcotics and Dangerous Drugs attempted to stop him. A high-speed chase ensued on Delaware’s Highway 13, with Newcastle County police eventually pulling him over. According to a source, a “treasure trove” of prohibited drugs, including blood-doping agents, was found. Grasso pleaded guilty to a misdemeanor charge of resisting arrest and put on probation with the threat that any violations may result in charges involving confiscated drugs.

On the matter of Grasso’s license being reinstated by the New York State Racing and Wagering Board in 2005, a hearing officer ruled against him, saying “undisputed evidence in the case discloses that Dr. Louis A. Grasso has been convicted of serious felony grade crimes and that he has violated the conditions upon which his license was based.” The refusal was based on Grasso’s “experience, character and general fitness” being “inconsistent with the public interest.” Grasso’s RCI rulings.

-Finally, Mark Wedig, a trainer from West Des Moines, Iowa, is listed on bills of sale as the purchaser of a number of Gill horses in December and January—at a cost of $1 each–that were described to the Paulick Report by a one-time Elk Creek Ranch employee as too lame or too slow to compete. Wedig, 54, had his license suspended for five years by the Iowa Racing Commission, from 2002-07, for “conduct detrimental to racing” for forging signatures on claiming slips and lying to stewards investigating the case. The commission said Wedig acted in a “premeditated, corrupt, deceitful and fraudulent” manner that reflected “negatively on the integrity or best interests” of racing. Wedig’s RCI rulings.

DRILLING HORSES INTO THE GROUND
According to an individual at one time employed at Elk Creek Ranch who spoke on the condition of anonymity, Gill’s horses have been “drilled into the ground” since the arrival of Cole Norman as the farm’s trainer last summer. “Cole is set in his ways,” this person said. “He trains the crap out of them. They breeze every seven days (track condition permitting). They tap the joints of the horses, sometimes right after a race, and they tap ‘em every week, again and again and again if they don’t get sound. They are going to the well too many times. You are not supposed to tap a lame horse.”

The Paulick Report checked the references of this Elk Creek Ranch whistleblower, confirming as many of the details provided as possible. We feel confident the information provided is accurate.

Adamo, this individual said, is often the one who does the injections of hyaluronic acid and/or cortisone—a contention Adamo disputes. “Tony only does the upper and lower knee joints and the ankle,” the whistleblower said. “He doesn’t do anything behind. He probably would if he had more experience.”

“That’s why we have vets there,” Adamo said in response to questions about whether he injects horses on the farm. “We’ve given pre-race shots, or if a horse is sick we’ve given Banamine, but that’s as far as I’m going to go.

“I’m at Penn National one day at Philly Park one day,” he continued. “Between me and Cole we’ll go over the horses and give a list to the doc. Hopefully he does everything on that list. But it’s tough to get him there ( to Oxford) every day.”

Adamo defended his record as a trainer as it relates to breakdowns. "I had five breakdowns on all my starts there," Adamo said of Penn National. "I run just as many horses at Philly Park and had one there. I’m not blaming the racetrack, and I’m not justifying it. One is too many."

‘I’M NOT DISCUSSING ANYTHING’
According to the Practice Act of Pennsylvania governing veterinary medicine, animal owners or their employees are exempted from the rules requiring that only licensed veterinarians treat an animal, at least on private property. However, racing regulations strictly prohibit a trainer from injecting a horse or to simply be in possession of needles and syringes on racetrack property.

Norman isn’t currently licensed as a trainer because of his felony conviction and it isn’t clear when he can be reinstated. For the time being, while he is on parole, he is able to train on the farm and send the horses to the track, where they race under Tony Adamo’s name as the trainer listed in the program. The racing commission, because it does not have jurisdiction over the farm, isn’t able to determine whether or not Norman is the one actually training the horses.

The veterinary supplies are said to have been purchased through Kevin Brophy, who declined to comment to the Paulick Report on any aspect of his relationship to Gill’s operation. “I’m not discussing anything,” Brophy said.

Grasso, reached in New York, said he only recently started working on Gill’s horses, adding that it doesn’t bother him that he can’t take his veterinary practice to the racetrack. “I don’t even go for it (his license),” Grasso said. “I’ve got my farm, got a clinic (in Orange County, New York). That’s all I need.”

The horses at Gill’s farm are well-cared for, the Paulick Report informant said. “If you walk in the barns, you wouldn’t say the horses are underfed or neglected. It’s more the medical treatments, the tapping or the training of sore horses. It’s a shame, because it’s a really good group of grooms that take care of the horses.”

That observation was backed up by Gail Emerson, a humane police officer sent in by the Large Animal Protection Society Jan. 29 for a surprise inspection of the Elk Creek Ranch horses after the organization received an anonymous complaint last week. “Everything was perfect,” she told the Paulick Report. “The horses were well fed, with plenty of water. Every horse I went by came to the front of the stall with their ears pricked.”

Yet there have been dozens of horses vanned off the farm to parts unknown in recent months, some of them described by the Elk Creek Ranch whistleblower as “three-legged lame” or with terrible skin or joint infections. “They joke about how these horses are going to the Girl Scouts in Nebraska or to the zoo,” the individual said, the latter a possible reference to the nearby Bravo Packing company in Carney’s Point, N.J., a company that makes food for zoo animals out of horse meat. When another employee complained about the jokes, the employee was told, “At least we’re not selling them at the (killer) sales; they’re going right to the factory.” The Paulick Report has not been presented with any evidence that a large number of Gill’s horses have ended up at a Canadian slaughterhouse or at Bravo Packing.

Mark Wedig, the Iowa trainer who described himself as a “small fry,” was listed as the buyer of a number of horses Gill sold for $1 each in December and January, including Monsoor, Shes a Cure, Cotton King, Sir Ray, Devil’s Squeeze, My Dance Partner, Phantom Regiment, Taxability, Hector the Connector and Rushing Stag.

Wedig told the Paulick Report he sold Cotton King, said to have a badly infected leg, along with “two mares” to a breeder he knew only as “Charles,” a man Wedig said plans to send the horses to Belize in Central America. Someone whose name he couldn’t remember said he wanted to breed Sir Ray to some mares in Iowa. A barrel racer in southwest Iowa got two of the Gill horses from Wedig, who said he didn’t have a name or phone number for her. Wedig said he plans to rehab the rest at the In Front training center near Mountaineer Park in West Virginia, then bring them back to the races.

When asked if he ever drove horses to slaughter plants in Canada, Wedig said: “Never.”

In an interview with the Paulick Report last week, Gill said “all of the horses go to retirement programs” when their racing careers end, though he didn’t specify which programs or where they are located.

“I don’t know if he is naïve, just doesn’t care, or thinks the horses are going to retirement and turns a blind eye,” the Elk Creek Ranch whistleblower said of Gill. “He may be a good businessman with mortgages, but he’s not with horses.”

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Tags: Anthony Adamo, association of racing commissioners international, beulah park, bravo packing, California Horse Racing Board, Cole Norman, cotton king, Darrel Delahoussaye, devil's squeeze, dr. kevin brophy, dr. louis grasso, Elk Creek Ranch, gail emerson, hector the connector, iowa racing commission, kevin l. brophy, large animal protection society, Laughing Moon, louis a. grasso, mark wedig, Michael Gill, mike gill, monsoor, my dance partner, new york state racing and wagering board, penn national, Penn National jockeys, pennsylvania state horse racing commission, phantom regiment, RCI, rick arthur, rockingham park, rushing stag, shes a cure, sir ra, taxability, tco2, tony adamo, top commander, virginia heath
Posted in Horse Welfare, Pennsylvania, People, Regulatory Issues | 155 Comments »

STEVENS: CHRB CASE AGAINST ROSARIO A ‘JOKE’

Tuesday, December 1st, 2009

By Ray Paulick
A budding superstar jockey from the Dominican Republic is under investigation by the California Horse Racing for allegedly not putting forth his best effort in a race at Del Mar in September, and a retired Hall of Fame rider is outraged at the charges.

Joel Rosario, a 24-year-old jockey who won riding titles at Hollywood Park’s spring-summer meeting and at Del Mar this summer, has had a complaint filed against him for violation of CHRB rules 1894, 1692 and 1902. The complaint contends that Rosario did not give his best effort in riding Cedros to the finish line in the 11th race at Del Mar on Sept. 6, 2009. A hearing was conducted Nov. 19 and is scheduled to continue tomorrow, Dec. 3, in the stewards’ office at Hollywood Park.

Cedros’ trainer, John Glenney, complained to the CHRB about Rosario’s ride after he told the Daily Racing Form he received a call from Rosario’s agent, Vic Stauffer, the morning after the race, allegedly inquiring about whether or not Cedros might be for sale. Cedros had finished fourth, beaten a head for third place, in a maiden special weight race. Glenney was quoted as saying he had instructed Rosario to keep Cedros to the outside (he started from the nine post, coming out of the infield chute in the turf race going 1 1/16 miles), but when the field turned for home, Rosario was toward the rail.

Rosario, who had never ridden Cedros, was the fourth jockey to ride the horse in five starts. Prior to the Sept. 6 race Cedros had finished tenth of 11 horses at Churchill Downs; sixth of 10 at Churchill; eighth of nine at Del Mar and second of nine at Del Mar—all maiden races. After finishing fourth under Rosario, Glenney shipped the horse to Kentucky, where he finished last of eight starters in the Grade 3 Bryan Station Stakes at Keeneland, and fourth of six in a maiden race at Fair Grounds in New Orleans.

On the day in question, Rosario rode in all 11 races, and won four, including two stakes (Del Mar Derby and Torrey Pine Stakes), finished second in another race, third in another, and had two fourths. His mounts earned $432,748 that afternoon. That’s more than horses trained by Glenney have won in all of 2009; he’s trained eight winners from 59 starts for total earnings of $414,627. Rosarioi ranks sixth among the nation’s jockeys by mount earnings, with $12.2 million thus far in 2009.

When Hall of Fame jockey Gary Stevens heard about the complaint against Rosario, he said he “immediately got on the computer and said I’ve got to see this.” After watching the film of the race, he contacted Stauffer and said “if you need me to testify I will because this is a joke. After seeing the patrol films, I said I’ve got to say something about this.”

Stevens, who serves as an analyst on HRTV and recently began training, said he has no vested interest in helping Rosario and when we spoke last week had never ridden him on one of his horses. But Stevens calls him a “throwback—a very humble guy with a bright future. I’ve never associated with Joel, but I’m an admirer of him. He’s got superstar potential—a great work ethic and a good riding style. I have a lot of respect for him.

“One of the things that is going to make him a superstar is his patience,” said Stevens. “He had (Cedros) second on the outside and the horse was trying to lean in down the backside. Somebody hit the fire button and went right past him down the backside, but Joel sat where he was. He knew he couldn’t go from the half-mile pole all the way to the wire.

“When his horse switched leads he lugged in down to the fence. And then the horse drifted out, shying from the whip; (Rosario) raised his arm up and started to come down and the horse started shying away inside the quarter pole….you can see it on the patrol films, though not the panshot. If he hits the horse he could have gotten taken down or caused a spill. When I saw that it really became annoying to me.”

Stevens testified Nov. 19, for more than 30 minutes by his account. “I told the deputy DA prosecuting the case, ‘Sir, I don’t want to sound like a broken record, but I did not have a conversation with Joel prior to my testimony here. This is purely a retired jockey stepping up for a fellow rider being questioned for something he didn’t do.”

Jockeys’ Guild representative Darrell Haire also spoke on Rosario’s behalf. The day’s other witness was backup steward Luis Jauregui, a retired jockey who represented the CHRB.

“Luis said Joel didn’t put forth his best efforts. My response is this guy doesn’t how to read the films,” said Stevens.

“This is really upsetting to me that this kid’s integrity is being questioned over something that is so, so simple to watch. We’ve got a deputy DA who’s probably never watched a horse race questioning him. There are legitimate excuses in a race; my job as an analyst is to pick a race apart and analyze why something may have happened.

“I said I thought the horse was lugging in and pointed out several times that the horse was attempting to lug in and pointed out the premature move by two other jockeys. Obviously these guys never watched Pat Day (another retired Hall of Fame rider), who would let guys pass him all the time, and then come back up the rail to win.

“I hate to see something so stupid like this happen.”

As for Stauffer allegedly asking if Cedros was for sale, Stevens said, “I can’t believe he would be stupid enough to say something to (the trainer). John was upset with the ride…we all get upset with riders. But you never do that (offer to buy a horse), even if you won the race.”

Stauffer has not been charged by the CHRB with any wrongdoing.

Copyright © 2009, The Paulick Report

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Tags: California Horse Racing Board, cedros, CHRB, Gary Stevens, Horse Racing, joel rosario, john glenney, Paulick Report, Ray Paulick, vic stauffer
Posted in California Horse Racing Board, Jockeys, People, Regulatory Issues | 31 Comments »

MULLINS TO IEAH: I WANT MY MONEY

Wednesday, August 5th, 2009

By Ray Paulick

Trainer Jeff Mullins has asked the general counsel for the New York State Racing and Wagering Board for assistance in getting paid $31,336 Mullins said he is owed by IEAH Stables from I Want Revengeâ€™s victory and related expenses from the the $750,000 Wood Memorial at Aqueduct April 4. IEAH bought a 50% interest in the son of Stephen Got Even from David Lanzman 10 days before the Wood.IEAH campaigned two champions (Big Brown and Benny the Bull) and 11 Grade 1 winners in 2008, finishing one vote shy of an Eclipse Award as outstanding owner.

There is precedent for the New York Racing and Wagering Board getting involved when owners may have failed to meet their financial obligations. Ernie Paragallo, now at the center of an animal abuse criminal case in New York, had his ownerâ€™s license revoked in 2005 because he had not paid a bill from the University of Pennsylvania New Bolton equine hospital.

Mullins was suspended for seven days by the New York Racing and Wagering Board for an incident that occurred inside the Aqueduct detention barn prior to an earlier race on the day of the Wood.

Following is the text of Mullins’ letter to Robert Feuerstein, general counsel for the Racing and Wagering Board:

Dear Mr. Feurstein,

I write to you on the advice of my attorney, Karen Murphy who met with New York State Racing and Wagering Board Steward, Carmine Donofrio, June 4 on a matter regarding IEAH Stables.

I am very concerned about IEAH Stablesâ€™ business practices as it relates to Thoroughbred racing, specifically their lack of meeting financial obligations to all concerned with the training, riding, care and services provided to I want Revenge, a horse trained by me who won the April 4 Wood Memorial.

From the day IEAH Stables purchased a 50% share of I Want Revenge from David J. Lanzman, last March they have failed to pay my bills, the travel expenses of jockey Joe Talamo, and the bills from veterinarians, lay-up farm, horse transporters, etc. To this day they have yet to pay me their 50% share of the 10% of the purse earnings from the $750,000 Wood Memorial. As you know, the race was run on April 4 of this year, making the bills four months outstanding. My accountant/bookkeeper has contacted them and their attorney on numerous occasions and they have repeatedly promised payment to no avail.Â It is my understanding that the New York State Racing and Wagering Board can assist me in assuring that these owners meet their financial responsibilities as they continue to race horses in New York and throughout the country.

IEAH Stables is scheduled to start several horses during the Saratoga meet including, Benny the Bull in the $250,000 Alfred G. Vanderbilt, August 9 and Court Vision in either the $500,000 Sword Dancer, August 15 or the $200,000 Bernard Baruch H, August 28.

It is unacceptable that a racing operation such as IEAH Stables be allowed to continue racing in New York or anywhere for that matter without first meeting their financial responsibilities to horsemen and the providers of services to their horses.

I urge the New York State Racing and Wagering Board and NYRA to immediately put a freeze on their horsemanâ€™s account in an effort to assure that all of their past due financial responsibilities are met before they are paid any purse monies.

I will list below those I know who have not been paid along with their contact information and the amounts owed to them. I will also be happy to furnish you with copies of bills/invoices from all. In addition to those out of state listed, owner David Lanzman spoke with Belmont Vet Group, Sallee Horse Vans and Rood and Riddle Equine Hospital and they are all owed quite a bit of money as well. Because they are all are owed such a significant amount of money they fear if they take any action right now, in an effort to get paid they will anger them and lose any chance of getting paid. Lanzman only contacted people directly involved with I Want Revenge and can only imagine how many other people they owe money to. Rumor in California has it that they owe backstretch horsemen in New York in excess of $500,000. It is unconscionable that they are allowed to continue racing.

Jeff Mullinsâ€¦â€¦â€¦â€¦â€¦â€¦..â€¦â€¦………Trainerâ€¦â€¦â€¦â€¦.$31,336,04
(the above amount includes $20,625.00 which is their share of the purse money owed to me for the win in the Wood Memorial and training/board and travel expenses related to the Wood Memorial and Kentucky Derby)

Dr. Foster Northropâ€¦â€¦â€¦â€¦……â€¦..Vetâ€¦â€¦â€¦â€¦â€¦.â€¦..$1,754.74

Joe Talamo/Access to Travelâ€¦â€¦..Jockeyâ€¦…..â€¦â€¦…$3,312.90

La Croix Farmâ€¦â€¦â€¦â€¦â€¦â€¦â€¦..â€¦â€¦.Lay-upâ€¦â€¦â€¦….â€¦$3,150.00

Dr. Melinda Blueâ€¦â€¦â€¦â€¦â€¦â€¦â€¦……Vetâ€¦â€¦â€¦â€¦..â€¦â€¦â€¦$559.10

Please advise me as to what the next steps, if any may be necessary to take in assuring that I, along with the parties listed above are paid.

I thank you in advance for your help and attention to this matter.

Sincerely
Jeff Mullins

Copyright Â© 2009, The Paulick Report

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Tags: benny the bull, Big Brown, david lanzman, ernie paragallo, I Want Revenge, IEAH stable, jeff mullins, Jim Miller, kentucky derby, Mark Frimmel, Michael Iavarone, new york state racing and wagering board, Paulick Report, Ray Paulick, robert feuerstin, ruffian equine medical center, state racing and wagering board
Posted in IEAH, Regulatory Issues, Thoroughbred Business | 29 Comments »

CHRB: DRUG TESTING DOESN’T DISCRIMINATE

Tuesday, July 28th, 2009

By Ray Paulick
There seems to be a belief among more than a few people in horse racing, including some trainers, that a state racing commission’s drug testing protocol goes something like this: Stewards call the testing lab and say, “The guy that won this race is a known cheater, and we don’t like him. Make sure you test his horse’s urine for everything under the sun.”

The sample subsequently arrives at the test laboratory with a big “cheater” sticker on it, and the lab technicians spend all of their waking hours testing it. Meanwhile, these same conspiracy theorists are convinced that some trainers never have their horses tested for drugs no matter how many races they win because they wear white hats and are given preferential treatment by stewards, racing commissions and chemists.

It reminds me of the old Smothers Brothers routine, “Mom Always Liked You Best.”

A number of trainers at Del Mar expressed the belief that former California Horse Racing Board executive director Ingrid Fermin has a bias against them and should not be allowed to judge races they are involved in from the steward’s stand. Others have said Fermin has a conflict of interest because her sister is married to trainer Bruce Headley.

We decided to ask a few questions about the protocol for drug testing in California to see just how easy it is to discriminate in the testing of post-race samples. Turns out these folks actually have a system to protect the integrity of the process.

Veterinarian Rick Arthur, equine medical director for the CHRB, told the Paulick Report: “We never alter the standard protocol for any test associated with a race sample. All samples are treated the same per the lab’s SOP. This is one of the advantages of having an accredited lab; all samples are treated the same and every step is documented to confirm that is the case. In rare instances we will go back on a sample if we have seen something suspicious in the lab or we have some intelligence, but that sample, once it has passed the SOP protocol, is considered cleared.

“Any special testing is done to improve the lab and testing protocol going forward,” Arthur said. “We have never filed a complaint on the rare sample that has received special attention after the sample has cleared. I doubt we ever would unless there were exceptional circumstances, i.e., the drug was something especially egregious–cobra or snail venom would be examples. Regardless, due to the documentation process required in accredited labs, any special attention to a sample is recorded and would be open to scrutiny if any regulatory action was taken.

“A few trainers who have had repeated problems with drug positives claim they have been targeted,” Arthur continued. “That is pure fantasy to deflect their personal responsibility for their drug violation records. Samples go into the lab as numbered samples and they are reported out by sample numbers. The sample custodian at CHRB headquarters in Sacramento has the paperwork that decodes the sample numbers to the horse and trainer. Only then does anyone know what sample is tied to what horse and trainer.

“Any trainer who thinks the system is corrupt overvalues their importance,” said Arthur. “Who is going to bother with a vast conspiracy involving multiple people at the CHRB and the University of California? Get real; no one cares. If someone is breaking the rules they will trip up sooner or later. We don’t need to go looking.”

Dr. Scott Stanley heads the Ken Maddy Equine Analytical Chemistry Laboratory at the University of California-Davis, the official lab for the CHRB. Stanley made a couple of additional points about California’s testing protocol.

“First, California also maintains a small portion of the original sample which can be used for retrospective testing,” said Stanley. “The retrospective samples are maintained for two years; while the lab still does not have the information on the horse or the trainer the CHRB can use these samples to identify new drugs or patterns for previously undetected drugs. Second, the testing scheme at UC Davis includes an extensive drug panel equal to or greater than most laboratory’s TOBA testing panel. All samples, from claiming races to graded stakes, receive the same test so there isn’t any one individual trainer or horse singled out or held to a different standard.”

Arthur said out-of-competition testing is somewhat different than post-race tests. “We will alter protocol depending on the circumstances, but again, all samples are treated the same. For example, we had intelligence of an andrenergic drug being used in Quarter horses. Besides testing for EPO in our out-of-competition samples we did additional testing for the rumored drug and other anabolic drugs. Usually we just concentrate on blood doping agents in our out-of-competition testing; the additional tests were a modification of protocol. FYI…the additional drugs we tested in the out-of-competition testing are covered in our standard race testing protocol.”

So, according to those most closely involved in California’s drug-testing procedures, there really isn’t the opportunity to discriminate. Not that the facts are ever going to change anyone’s mind.

By the way, I heard that the Smothers brothers’ mother didn’t play favorites, either.

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Tags: bruce headley, California Horse Racing Board, CHRB, cobra venom, drug testing, ingrid fermin, ken maddy equine analytical chemistry laboratory, ken maddy lab, out of competition testing, Paulick Report, Ray Paulick, rick arthur, scott stanley, smothers brothers, snail venom
Posted in California, California Horse Racing Board, Medication, Regulatory Issues, drug testing | 11 Comments »

FUROR OVER FERMIN

Sunday, July 26th, 2009

By Ray PaulickThe California Horse Racing Board has created a potential mess by appointing its former executive director, Ingrid Fermin, as one of three individuals on the board of stewards during the Del Mar Thoroughbred Club meeting that began on Wednesday.

Ferminâ€™s tenure as head of the state agency, which lasted three years, ended in 2007 Â when she said she did not want to relocate to Sacramento, home of the CHRBâ€™s headquarters, as required by the board. There were several controversies and internal turmoil during her time as executive director, and some critics reportedly accused her of showing favoritism in appointments and contracts.

Foremost among those critics is owner Jerry Jamgotchian, who has filed several lawsuits against the CHRB, sent hundreds if not thousands of e-mails critical of Fermin, former CHRB chairman Richard Shapiro and others, and recently told the Paulick Report Fermin was â€œthe most corruptâ€ executive director and steward in CHRB history.

When Fermin (pictured, left) was named one of three stewards for the Del Mar meeting, resuming a career she began in 1981 as the first female steward in California history, Jamgotchian requested a hearing with the CHRB to stop the appointment, saying that Fermin was biased against certain trainers and owners. The furor over the appointment ramped up when several trainers, including Mike Mitchell, Jeff Mullins, Art Sherman and Doug Oâ€™Neill, appealed to have Fermin recuse herself from judging races in which they have horses. There have been accusations that Fermin specifically targeted certain trainers in post-race drug testing while she was CHRB executive director. Fermin told the San Diego Union-Tribune the accuslations were “baseless” and “twisted.”

Jamgotchianâ€™s complaint against Fermin stemmed from an incident in 2005 involving a horse owned by Jamgotchian that he wanted to scratch from a race at Del Mar. After a steward refused to allow the horse to be scratched, the horse ran and suffered an injury. UPDATE: While Jamgotchian has alleged that the horse, John’s Kinda Girl, was injured in that Aug. 14, 2005, race, the filly subsequently worked out three times over the next six weeks, and raced Oct. 7, 2005, and 12 more times in the next year, winning two of those races.

Jamgotchianâ€™s request for a hearing before the Del Mar meet opened was denied when Fermin declined to attend. After the board met privately in executive session on Thursday, CHRB chairman John Harris said during the public portion of the regularly-scheduled monthly meeting that the stewards named for the Del Mar meeting would be retained. Harris also was board chairman when Fermin was appointed CHRB executive director in 2004.

Things appeared to change somewhat on Friday, however, when owner Martin Wygod, a member of the Del Mar Thoroughbred Clubâ€™s board of directors and one of the most influential owners in California racing, reportedly asked Fermin to recuse herself from presiding over a race in which one of his horses was running. According to a report in the North County Times, former jockey Luis Jaurequi, now a â€œsafety steward,â€ would have substituted for Fermin in judging any inquiry or claim of foul involving one of Wygodâ€™s horses in that race. Does that mean Fermin would have judged foul claims in the same race if they didnâ€™t involve Wygodâ€™s horse?

WygodÂ is believed to have beenÂ upset with FerminÂ ever sinceÂ an incident involving 2-year-old champion Sweet Catomine at Santa Anita three years ago when the filly left the grounds for medical treatment prior to the Santa Anita Derby. Wygod was charged, following an investigation led by Fermin, with having the filly falsely identified when she was vanned out of the stable area and exhibiting conduct detrimental to racing. The charges, which could have resulted inÂ Wygod having his owner’s license suspended, were dismissed following a hearing.

Jamgotchian, citing numerous sources, provided the following commentary about the reported request by Wygod to have Fermin recuse herself from presiding over Fridayâ€™s race in which Wygodâ€™s horse ran: â€œOn July 24, 2009, around noon,â€ Jamgotchian wrote in a widely distributed e-mail, â€œa â€˜secretâ€™ meeting was held in the Stewardâ€™s office at Del Mar. At this meeting,Ingrid Fermin agreed to recuse herself from Race No. 2 at Del Mar. Her recusal was made orally at the demand of owner Marty Wygod because he believed that Fermin has a known, actual and direct bias and prejudice against him because of the Sweet Catomine incident and various statements made about Wygod in the Frank Moore declaration dated July 14, 2009.â€

Jamgotchian went on to say that Wygod threatened to scratch his horse from the race if Fermin failed to recuse herself as a steward in that race. â€œFermin agreed,â€ Jamgotchian wrote, â€œand her recusal was made in front of fellow Stewards Scott Chaney, Tom Ward and in the presence of other parties in the room, including Wygod.â€

Jamgotchian said he called Wygodâ€™s attorney, Roger Licht, â€œto confirm the above facts regarding their recusal agreement with Ferminâ€ and that Licht told him â€œthere was an â€˜oralâ€™ confidentiality agreement in place with Fermin and that he could not discuss Fermin’s recusal.â€

Jamgotchian said he also tried unsuccessfully to speak with Fermin by telephone before the first race and said he intends to file a complaint with the CHRB regarding the â€œWygod recusalâ€ and demand an investigation by the CHRB because of what he called a â€œunilateralâ€ decision and one that was not publicly disclosed.

If the North County Times article and Jamgotchianâ€™s assertions are accurate, it appears either the CHRB or Fermin are applying a double standard when it comes to Fermin recusing herself from races in which the principals involved feel as though there is a bias by her against them. If she recused herself in a race involving Wygod, shouldnâ€™t she do the same in races involving the trainers who have made similar appeals?

(UPDATED: SUNDAY, 5:15 P.M. , FIFTH PARAGRAPH)

Tags: art sherman, California Horse Racing Board, CHRB, del mar thoroughbred club, doug o'neill, Horse Racing, ingrid fermin, jeff mullins, jerry jamgotchian, john harris, luis jaurequi, martin wygod, mike mitchell, north county times, Paulick Report, racing stewards, Ray Paulick, roger licht
Posted in California, California Horse Racing Board, Regulatory Issues, Stewards | 26 Comments »

CHUTZPAH AWARD WINNERS DON AND MIRA BALL

Tuesday, July 21st, 2009

By Ray Paulick
The Paulick Report is giving its first annual Chutzpah Award to Don and Mira Ball of Donamire Farm near Lexington, Ky. The Balls, well, they have the balls to be hosting a fundraising reception at their farm July 28, one week from tonight, “honoring Kentucky’s Senate Republican Caucus and benefiting the Republican Party of Kentucky’s Senate Trust.”

The Senate Republican Caucus the Balls want us to “honor” is the same one that killed legislation desperately needed by the Kentucky horse industry during a special session of the general assembly last month. Don Ball is a good friend of Senate President David “Blackjack” Williams, who orchestrated the death of House Bill 2, which would have permitted slot machines at racetracks and substantially increased purses. The bill was approved by the House of Representatives but killed by the Republican-controlled Appropriations and Revenue Committee in the Senate, denying it a vote before the full Senate.

Williams is the guy who enjoys visiting casino boats in Indiana and Mississippi, according to numerous sources. We don’t know if Ball likes to gamble on the riverboats or in Las Vegas casinos, but we do know he is adamantly opposed to Kentucky racetracks and horsemen having the ability to compete on a level playing field with tracks in states like Indiana, West Virginia, Pennsylvania, Delaware, Florida, Louisiana, New Mexico, New York, Maryland and others, where slot machines are in operation or have been approved to benefit purses and breeding programs.

And because Don Ball is one of Kentucky’s largest political donors (he and his wife have given $243,317 to state and federal Republican causes since 2002), folks in office tend to listen to him. So in some ways, he may be the person most responsible for killing House Bill 2.

The state’s Republican Party shares in this award, because it had the nerve to send the invitation addressed to “GOP Friends” to numerous people in the Thoroughbred industry. Included in the invitation was an urging to “help us to strengthen the Senate Republican Majority and maintain balance in Frankfort.” Can I get an amen on that?

For $500, you, too, can attend. It may actually be worth the money, just to tell the Balls and the Republican State Senators likely to be there what you thought of their opposition to House Bill 2. To RSVP, contact Brittany Dowell at the Republican Party of Kentucky, at (502) 875-5130, or send her an email at Brittany@rpk.org.

On second thought, why not just call that number and send an email explaining why you won’t be supporting most Republican candidates for Kentucky’s state Senate in the near future—even if you’ve been a lifelong Republican. (Please note: Tom Buford of Nicholasville was the only Senate Republican to support the bill in the A&R Committee vote; he deserves industry support.)

This outrageous invitation comes to Kentucky breeders and owners at a time when they are just learning how much of an economic beating they may be taking in the yearling marketplace. The first day of the Fasig-Tipton Kentucky yearling sale on Monday saw 49% of the yearlings catalogued go unsold as buy-backs or withdrawals. Prices for the horses that sold, despite being buoyed by significant spending from Sheikh Mohammed of Dubai (whose associate bought Fasig-Tipton last year), were down 33.3% in median and 23.8% in average. And it’s only the first inning of a long ball game.

Keep in mind breeders are selling yearlings in 2009 that were conceived through 2007 stud fees based on an “up” market. In many cases, the yearlings were produced from mares purchased by breeders in more bullish times.

But the Balls and their Senate guests at the Donamire shindig probably will be oblivious to the pain many Kentucky breeders are feeling. The Senate Republicans will marvel at the architectural beauty of Donamire and its 13,000-square-foot residence. They’ll wonder how the horse business can possibly be struggling when it has such a beautiful showplace farm. Of course, they’ll have no idea that Donamire is the antithesis of a typical Kentucky Thoroughbred farm that is struggling to get through difficult economic times and facing an even tougher economic climate down the road as the industry continues to be weakened by external forces (i.e., states that can offer higher purses and better breeding incentives through slots revenue).

Donamire Farm and its owners do not depend on a healthy Thoroughbred industry to survive; the farm was funded through the thousands of homes built by their Ball Homes LLC. In fact, some suggest Ball Homes will be even more profitable if the Thoroughbred industry fails and farm land is sold cheaply for residential development.

Now a final word about our Chutzpah Award winners, Don and Mira Ball. They’ve won many other, more prestigious awards for the good work they’ve done in the Central Kentucky community. Mira Ball has been active in supporting higher education, substance abuse programs, Kentucky Educational Television, and medical research, among other endeavors. Don Ball is a former president of the Kentucky Thoroughbred Association and is a director emeritus of that organization. They breed to race and support Kentucky racing that way. They’ve opened their farm to many, many other worthwhile causes and fundraisers over the years.

Don and Mira Ball are not bad people, but when it comes to Kentucky politics and the horse industry, you have to give them credit: they have a lot of chutzpah.

Tags: ball homes, chutzpah award, david williams, don and mira ball, Don Ball, house bill 2, kentucky republican party, kentucky senate, kentucky slots, mira ball, Paulick Report, racetrack slots, racinos, Ray Paulick, vlts
Posted in People, Regulatory Issues, Slot machines, State Government | 24 Comments »

SAY WHAT? STATE REGULATORS ARE HERE TO STAY

Monday, July 20th, 2009

Ed Martin, president of the Association of Racing Commissioners International, took exception to horse owner Barry Irwinâ€™s guest commentary published here last week (Hey, statesâ€¦take a hike!) that suggested racing would be better off if it managed to get states out of the regulatory business and allow the industry to police itself. The former executive director of the New York Racing and Wagering Board believes regulators are not part of racingâ€™s problems but of its solutions. He also said regulators are working on an interstate compact that couldÂ bring states much closer to uniformity in rules and regulations governing the sport.By Ed Martin
Every now and then someone pops off out of frustration, raising the prospect of trying to figure out how racing can self-police its gambling enterprises. Such was the case with last weekâ€™s commentary by Team Valor president Barry Irwin suggesting the possibility that the independent state racing commissions can somehow be eliminated and the industry will just foot the bill and take care of everything, bringing all sorts of fans, new and old, back to the sport.

Yes, it is true state governments are facing hard economic times. So are the American people, including most racing participants and fans. The elimination of the government regulation of this form of gambling will destroy this sport in ways that I am sure Mr. Irwin does not intend or envision. Perhaps if there were no gambling, then his idea might make sense. So, unless he seeks a private club with no gambling everyoneâ€™s time is wasted contemplating the insane idea that elected officials are going to allow gambling enterprises to self police themselves. Itâ€™s a bad idea that will not pass the smell test.

To bolster his case, Irwin cites how the New York Racing Association in New York was victimized by the state. Excuse me, but NYRA did have to march in front of a federal judge and admit to a conspiracy to defraud the government. The â€œwe have great racing and we know what weâ€™re doingâ€ defense wasnâ€™t going to work given the magnitude of the felony that cheated the public regardless of whether they were racing fans or not. This was a terrible black eye on racing by an entity governed by some of the most prominent individuals in American Thoroughbred racing and it would not be in racingâ€™s future interest for people to minimize the seriousness of that situation.

As one who worked on that case, it was amazing that NYRA refused to do a daily cash count and reconciliation in the mutuel department. They do that at the corner grocery store, but somehow this was something to be resisted when suggested by the state. I will never forget the day when NYRA sent in a team of some of the most politically connected trustees to argue against a daily cash count. One of those present was the president of my bank. I stopped using that manâ€™s bank.

Sure, letâ€™s open some champagne and make those nasty state regulators go away. After all they were the ones who investigated and cracked the case that exposed how a tote companyâ€™s computer programmer could access a live wagering file and turn a losing Breedersâ€™ Cup Pick 6 wager into a winning one. The New York Racing and Wagering Board partnering with the New York State Police cracked that case within 48 hours of Valponiâ€™s Classic win. What was amazing in doing the investigation was that this activity had gone on undetected for some time and no internal controls, self auditing or self policing program had safeguarded the industryâ€™s interests. We unearthed a problem plaguing the industry and regulators alike.

Mr. Irwin seems to like the Stewards, who for the most part are employees of the state commissions. Well, we must be doing something right. But he does not appear to tolerate due process. Commissions are as frustrated with this as anyone, but perhaps if Mr. Irwin had been around in the days of Ben Franklin, Thomas Jefferson and John Adams, things might be different. In a system of due process, allegations must be proven based on solid evidence. People have a right to appeal and we are always open to solid suggestions as to how to minimize the ability of some to â€œplay the systemâ€. The concept of a Monarch was rejected in the revolution and we have no choice but to accept the constitutional guarantees that we all enjoy, including the scoundrels.

At no point in the almost five years I have been at RCI or the preceding nine at the New York Racing and Wagering Board did Mr. Irwin ever make a suggestion directly to either entity as to how to more effectively tackle racingâ€™s integrity challenge. Things can always be done better but racing should never forget that when it comes to drugs, we test for more substances at deeper levels than any other professional sport. There is a lot that is done right, but youâ€™d never know it as some explain their loss by leveling undocumented charges against winners. Perhaps if racing stopped casting aspersions on those who are successful on the track or at the betting windows we might be able to generate some excitement and attract new fans. But no, if you hit a lucky streak you must be cheating.

The only entities that sort out what is real and what is not are the state racing commissions. Those who cheat will do it for the money and the initiatives of RCI and the state regulators to track the money through independent real-time wagering monitoring have met with nothing but unexplained resistance or foot dragging from key industry entities. Some of those barriers are coming down, but oh so slowly. I agree with Mr. Irwin that cheaters can kill this sport, but why do we devote all our attention to following the drugs and virtually none to following the money? The money path will help identify the real drug problem or fraud by collusion. It is unexplainable to me that people resist when the regulators want to chase the money in addition to chasing the drugs.

The state regulators have been calling for reforms and could really use some help from the industry in terms of either money, commitment, or support in state capitals to protect commission budgets that pay for drug testing, pre-race exams, backstretch investigators, the officials, the background checks, name it. In these tough times racing regulatory commissions are vulnerable targets for state budget offices looking to fill potholes rather than test more horses for drugs or monitor betting activity. Weâ€™re not perfect, no institution or person is. But every regulator that I know is committed to trying to do the job as best as possible, despite the lack of budgetary or industry support.

There are those who want to create a federal regulator which would just create another layer that would have to be paid for. An alternative is to explore the concept of creating a national regulatory body through a new interstate compact, a mechanism for state regulators to act as one in certain instances. Just this week, 15 state regulatory commissions held a joint discussion on how a proposal working its way through the New York legislature might work in their states. There is progress being made and the impetus is coming from the RCI member staffs, vets, labs and vendors who form the backbone of the Racing Medication and Testing Consortiumâ€™s drug initiative.

When I started with RCI in 2005, we called for a new public private partnership and a restructuring of our collective â€œintegrity effortsâ€. I reiterated that at this yearâ€™s Racing Congress. No takers. Rather than partner with the regulators, pool resources and improve the status quo, new entities are formed, funded and promoted by hired guns. Dump on us all you want but state racing commissions are a given and we will not stop in trying to raise the bar.

Please join with us Mr. Irwin. Perhaps together we can break the negative energy that is sinking this sport.

In the spirit of providing equal time to an opposing point of view, following is Ed Martinâ€™s rebuttal to Barry Irwin. â€“ Ray Paulick

Tags: association of racing commissioners international, barry irwin, breeders' cup fix six, ed martin, Horse Racing, new york racing and wagering board, New York Racing Association, nyra, Paulick Report, pick six scandal, racing regulations, Ray Paulick, RCI, team valor
Posted in Regulatory Issues, State Government | 34 Comments »

ASMUSSEN SUSPENDED SIX MONTHS; GRANTED STAY

Thursday, July 16th, 2009

By Ray Paulick
Eclipse Award-winning trainer Steve Asmussen has been suspended six months and fined $1,500 by Lone Star Park stewards representing the Texas Racing Commission for the case involving a maiden winner at the Grand Prairie track in May 2008 that subsequently tested positive for a metabolite of lidocaine, a Class 2 drug under the classifications of the Association of Racing Commissioners International.

The suspension was handed down on Tuesday, according to Maggi Moss, a well-known and successful Thoroughbred owner and an attorney for Asmussen, but not communicated to him until today. An appeal was filed immediately, and late Thursday Moss said the commission granted a stay of the suspension that was to begin Monday, July 20.

Click here for a press release from the Texas Racing Commission concerning the Asmussen ruling and the appeals process.

Moss was unhappy both with the suspension and the manner in which the hearing was conducted, particularly the commission’s refusal to provide quantitative analysis of the urine tests or to allow blood to be tested for confirmation of the presence of the drug. Texas is one of two “zero tolerance” racing medication states, along with West Virginia, according to Moss. She said blood tests would have proven lidocaine was “not in the body of the horse,” something chemist Steven Barker of Louisiana State University said during a hearing conducted July 7. Hall of Fame trainer Bill Mott also provided testimony in Asmussen’s defense at the hearing. Mott fought a lidocaine positive some years ago in New York.

“I know that I didn’t do this,” Asmussen said about the positive test at the eight-hour hearing, according to Daily Racing Form.

“No one that knows the facts of the case or knows Steve thinks he or any of his assistants gave lidocaine to the horse,” said Moss. “This is not a case of Steve having too many horses or too many divisions. This did not happen.”

Moss added that the Racing Medication and Testing Consortium said zero tolerance on metabolites such as lidocaine is “unworkable.” She insists blood testing would have cleared Asmussen.

“I said that if they would allow us to test the blood we would stand by the results, whatever they were,” Moss added. “That’s how sure I am it’s not lidocaine. But the commission wouldn’t produce the blood. It’s amazing that in this country they can take away your livelihood without giving you the chance to present evidence that would clear you.

“It’s like living in Russia,” Moss continued. “There’s an old saying that President Obama used when he was in Russia recently: ‘Governments that serve their own people survive and thrive. Governments that serve their own power do not.’”

Asmussen has a lengthy list of rules violations during his career, including a number of medication infractions. He served a six-month suspension in late 2006 and early 2007 for a positive test for mepivacaine in Louisiana.

Asmussen won the Eclipse Award as outstanding North American trainer of 2008, when Curlin got the second of his two Horse of the Year titles. He took over the training of the star filly Rachel Alexandra just prior to her victory over colts in the Preakness Stakes earlier this year. He is currently leading the national training standings by money won, with $10.8 million through July 16, nearly $4.4 million more than his closest competitor.

Tags: asmussen, association of racing commissioners international, lidocaine, maggi moss, mepivacaine, Paulick Report, racing medication and testing consortium, Ray Paulick, steve asmussen, texas racing commission
Posted in Medication, People, Regulatory Issues | 27 Comments »

HEY, STATES…TAKE A HIKE!

Thursday, July 16th, 2009

The burden of state regulators on horse racingÂ is something many people merely shrug their shoulders over as if it’s a necessary evil.Â But imagine a sport without those onerous racing boards and commissions playing “big brother” in just about area of the business. Barry Irwin, the head of Team Valor racing partnerships and a longtime commentator on the sport,Â says getting rid of state regulators should, and can, be done. Following is his guest commentary on the issue. — Ray Paulick

By Barry Irwin
The sport of horse racing, like a lot of enterprises in the current harsh economic climate, is facing historically difficult times and its very existence is being threatened by a myriad of internal and external factors.

But with bad times there are windows of opportunity. I have identified the single biggest threat to the well being of our sport and propose that we take advantage of the depressed global financial situation by making a correction that could very well put racing back on the road to recovery.

When everything is taken into consideration, I think the involvement of States in the sport and business of horse racing may be our biggest detriment in a recovery. Very little done by States can be classified as positive and a lot of what States do drags down the image and finances of our game.

It would take considerably more space than is allotted herein to list the transgressions perpetrated by States on racing, but I will cite a few, just so you get my point, as follows:

New York â€“ The Empire Stateâ€™s officials have used racing as a political football more than any locale in North America. Former Gov. Elliott Spitzer dragged the New York Racing Association through the mud and into bankruptcy in an attempt to further his own political aspirations.

California â€“ The former administrative head of the racing board, by cutting deals with crooked trainers behind closed doors, created a climate for the proliferation of cheating that permeated the entire nation.

Florida â€“ The State played games for so many years with dates they wound up destroying the fabric of racing, causing a loss of fan interest from which it has never recovered.

Right now, there is a very real opportunity to lessen or even rid racing jurisdictions of States involvement in our sport.

Right now, States are facing large budget deficits. Some are in very dire straits.

Right now, if racing associations, owners and horsemen got together and approached States, they might be able to cut deals that would positively change the face of racing, by offering to relieve States of their burdensome budgets for racing operations. Racingâ€™s stakeholders could propose to continue to give the States their normal tax cut in exchange for the States getting out of the business of regulating the sport and industry.

In some States, most notably in New York, this is impossible, because the State was able to glom onto the actual land on which the three major racing venues are situated.

But in a State like California, that is so broke it is issuing IOUs to â€œpayâ€ its bills, this could be a real possibility. I could envision a situation in which who ever wound up buying Santa Anita Park told the State that they want to lease Del Mar and get the racing dates from a soon-to-be-defunct Hollywood Park in exchange for the State getting out of racing regulation and control. The State of California might even welcome it.

This notion of mine is not fanciful thinking. The State of Illinois, faced with a big budget shortfall, actually brought up this matter last week and is looking into this right now.

Looking at some of recent headlines, we read that Rick Dutrow is going to court for relief from a suspension handed down for a drug violation in the State of Kentucky. Some legislators in the State of Pennsylvania are trying to grab millions of dollars earmarked for horsemen to fill in budgetary gaps. And mutuel handle is down more than 15 percent nationwide.

I humbly submit to you that all three of these situations would not have occurred were it not for the involvement of States.

If States were not involved in racing, Dutrow would be out of luck, because due process would be eliminated if private clubs conducted racing and made and enforced the rules.

No State would be able to raid the private coffers of any fund earmarked for horsemen because they have no involvement.

And racing handle would be much healthier without State involvement. Why?

The biggest problem racing faces with its past, current and future horseplayers is the perception of drug use on horses. Even the misguided leaders of the Horsemenâ€™s Protective and Benevolent Association recognize that racing has an image problem with drugs.

Racing has lost many of its biggest gamblers because they stopped playing the races when it became obvious that cheating with drugs had become rampant. Drugs are a problem in many sports. The Tour de France, which for years was the most popular sport in France and one of the most watched throughout Europe and the world, has been reduced to a side show because of image problems with drug cheats.

If the States got out of racing and left the enforcement in the hands of the stewards and due process was no longer involved, racing could deal properly with drug cheats, rid the game of them, and move forward with renewed integrity and increased revenues from handle when racingâ€™s customers felt good about betting on horses again.

Once again, this is not new ground. Hong Kong has the toughest drug standards anywhere and they succeed as the top gambling mecca on horse races because they have the tightest controls in the world. These guys are so serious, they make all of the jockeys live in a the same complex and monitor trainers as well.

So instead of racing looking for answers and solutions outside of the sport, I propose that we look inward, get our act together and approach the States with a plan to take back our sport from the politicians.

Tags: barry irwin, Horse Racing, horse racing board, Paulick Report, racing commissions, racing regulators, Ray Paulick, team valor
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