Archive for the ‘Thoroughbred Business’ Category

HANDLE NUMBERS MAY NOT BE WHAT THEY SEEM

Friday, March 5th, 2010

By Ray Paulick
I hate to rain on Equibase and the National Thoroughbred Racing Association’s bad news parade, but there was some good news in horse racing’s monthly economic indicators released on Thursday.

Average daily handle for the month of February increased by 4.80% in comparison to 2009 figures. Average daily purses were up by 4.29% in February. Year-to-date figures for average daily handle are virtually dead-even (down 0.14%), as is the number for average daily purses (plus 0.81%).

Those are signs, like the few glimmers of hope in the general economy, that our worst days may be behind us.

Why, then, did Equibase and NTRA only report the bad news, that gross wagering and purses were down double digits? The business figures compiled by Equibase make things look terribly bleak: gross handle down 13% in February and purses down 13.43% from 2010, and year-to-date figures down 12.51% and 11.67% in those respective categories.

They include the total number of racing days for February and for the year to date, which show drastic declines of 16.99% and 12.38%. We are not going to increase gross handle with we run nearly 17% fewer race days. Those gross numbers do not tell the complete picture, and an organization like the NTRA should be doing a better job of interpreting its own economic indicators.

The good news about February and handle comes on the heels of Fasig-Tipton’s successful sale of 2-year-olds in training at Calder race course in South Florida.

There has been severe weather this year in many parts of the country, reducing the number of race days because of cancellations. But some tracks are simply running fewer live dates, a trend that we’ll see more and more of going forward.

The days being dropped intentionally by racetracks are going to be weekdays when handle and purses are lower, so it’s logical to expect average daily numbers to increase when weekend cards represent 50% of the week’s action on a four-day racing week instead of 40% on a five-day week. Del Mar saw its average daily numbers increase last year when the Southern California track dropped its Monday programs.

So, part of this increase in average betting and purses for February is likely due to the loss of more weekday programs than weekends. The message here is that less can be more.

Call me a contrarian, since other publications focused on the negatives—the drop in gross purses and handle. However, I’m willing to take any scrap of good news I can find these days.

Copyright © 2010, The Paulick Report

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PLENTY OF OFFERS, BUT NO DEAL ON ESKENDEREYA

Thursday, March 4th, 2010

By Ray Paulick
Bradley Weisbord, recently named the finance and stallion manager for Ahmed Zayat’s financially troubled Zayat Stables, told the Paulick Report no deal has been struck to sell all or any portion of Fasig-Tipton Fountain of Youth winner Eskendereya, a leading candidate for this year’s Kentucky Derby.

“Mr. Zayat has said he is in this business to operate it as a business,” Weisbord said,. “and he is pursuing offers. There have been numerous parties involved interested in anything from 10% to 100% of the horse.”

Eskendereya won the Feb. 20 Fountain of Youth by 7 1/4 lengths, his third victory in five starts. The margin and ease of victory, combined with huge numbers from speed figure calculators, put the son of Giant’s Causeway at the top of many Kentucky Derby lists. He was a $250,000 Keeneland September yearling graduate, sold by Peter O’Callaghan’s Woods Edge Farm, where he was raised. Sanford Robertson bred him in Kentucky. Eskendereya is out of the Seattle Slew mare, Aldebaran Light,

One bloodstock agent who spoke with the Paulick Report on the condition of anonymity, said he made inquiries about Eskendereya with Zayat Stables associates and was told it would take more than $5 million for a half-interest in the colt. Weisbord wouldn’t confirm any prices being offered.

Zayat Stables was sued by Fifth Third bank for allegedly being delinquent on loans totaling $34 million, and the stable countersued the bank. Zayat Stables subsequently filed for Chapter 11 bankruptcy and is now being investigated by at least two racing commissions for possible ties Zayat had with convicted bookmakers Michael and Jeffrey Jelinsky, to whom he said he made loans totaling more than $600,000. According to sources, one of the Jelinsky brothers attended the 2008 Kentucky Derby post position draw in Louisville as Zayat’s guest.

Copyright © 2010, The Paulick Report

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HANCOCK’S CALL FOR A COMMISSIONER

Thursday, February 25th, 2010

As Thoroughbred racing and breeding sails through stormy waters without either a captain or a rudder on the ship, I am reminded that calls for a commissioner, a league office, a central authority—call it what you will—are not particularly new. Arthur B. Hancock III, the owner of Stone Farm in Paris, Ky., has long advocated federal legislation that would create a structure for the sport of racing and address many of the problems that have plagued us for decades.

Following is the complete text of a speech Hancock gave nearly 20 years ago at the University of Arizona’s Symposium on Racing in December 1991. What was true then is true today.—Ray Paulick
 


 
When uncertainty and troubling times swirled about him, Winston Churchill quoted a profound poem, “The Clattering Train”
 
          Who is in charge of the clattering train,
          The carriages creak and couplets strain.
          And the pace is fast and points are near,
          But sleep has deadened the driver’s ear.
          And the whistle shrieks through the night in vain,
          For death is in charge of the clattering train.
 
          We are all gathered together here in Arizona to speak out and do what we can to help our sport, Thoroughbred racing.  I refer to our industry as a sport because in essence that is exactly what it is, just as football, baseball, and basketball are sports.  We must never forget that the essence of racing is the competition of the horses and the romance, enthusiasm, and wagering that permeates that competition.  A track that I love, Keeneland, has a slogan, “Racing as it was meant to be”.  Ladies and Gentlemen, envision the first race long ago when several farmers or businessmen got together and bragged on the horses and to settle the issue, everyone lined up on Main Street for the big race on a Saturday afternoon and cheered for and bet on the horse of their choice. There was something deep within the people that was stirred by those horses roaring down Main Street, straining every nerve.  Well, this was racing as it was meant to be, and if we neglect and forget the essence of our sport, we lose sight of what it is that enables us to survive as an industry and to compete with other forms of entertainment.
 
There was a time when we were the only game in town and if you didn’t go fishing, you’d go to the races.  Today, there are many games in town.  We have riverboat gambling, jai alai, dog racing, baseball, casino gambling, Indian gaming, football, soccer, tennis, golf, basketball and lotteries.  How are we going to compete with these if we are not in control of our own destiny and if we are perceived by the masses of fans and potential fans as being dishonest and riddled by drugs and thugs? The answer is, we cannot compete.  Something has to be done and done quickly or racing as it was meant to be and life as we have known it is over.  We are riding a runaway train.
 
There are many important entities in our industry, but all of them put together are not as important to us as our fans, the bettors.  Without them, we have nothing.  With them we have everything.  It is imperative that we present to them an image of absolute integrity.  The question is how do we do this?  In order to have a fair game, we have to have a level playing field.  And we must be able to enforce the rules of the game with penalties.  Also, the rules of the game must be the same everywhere, be it in Kentucky, California, New York or Texas.  Since ours is a gambling game, it is absolutely necessary that everything about our game be completely above-board and strictly enforced.  Perception counts as much as reality.  Some may say, oh, a few drugs in minor doses is O.K. Well, by example, shall we make Little Johnny president of the Boy Scouts of America if he only snorts cocaine once or twice a year?  No, we can’t because Johnny’s image is already tainted.  By the same token, any kind of drug use on horses will convey the same perception and it will stop the people from wanting to watch the game as well as play the game.  There is nothing glamorous or romantic about drugging horses, and when you lose the romance of racing, you lose the essence of racing, racing as it was meant to be.
 
So far, the integrity of racing has been dealt a lot of smaller blows but a life-threatening death blow has yet to occur.  What do you think would have happened if Go For Wand had been running on Butazolidin or Lasix?  I shudder to contemplate it, but someday the same thing will happen again and the horse will be on drugs.  When the press and animal rights activists finish with us, there won’t be much left.  This nightmare hangs above us every day in every race we run.

 
We might still say, even in the face of stories about drugging helpless horses, who have no say in the matter, that it is inhumane to race horses without drugs if they “need” them.  Would you give your child drugs to make him perform better?  Is it humane to send him out to perform when he is in pain?  And what about the on-going deterioration of public opinion?  Oh, but drugs are necessary so that races can be filled and so that the little man can stay in the business!  Well, here is the answer to that question in black and white:
 
 
          In 1960 horses made over 11 starts a year
          In 1970 they made 10.2 starts per year
          In 1980 horses made 9.2 starts per year
          In 1990 horses made 7.9 starts per year
 
 
This is a drop of 28% in only thirty years.  By the year 2000, horses will make 6.3 starts a year if this continues – a remarkable drop of 43% from 1960 when drugs were not allowed.
 
So what have drugs done for racing?  Have they helped the little man or any man for that matter?  I’ll tell you one thing that medication has done, is doing, and will continue to do.  It is polluting the gene pool because horses are running on chemically induced ability instead of their natural ability.  In another twenty years our children probably won’t be able to breed a sound horse in America and buyers will be going to Newmarket or Sydney to purchase their yearlings.  Remember, we are the only nation on the planet to allow permissive medication.
 
Ladies and Gentlemen, the way to help the little man or any owner is for breeders to breed them good, rugged, healthy, sound horses, and to do that we have to assess the true merit of horses without their performance having been enhanced by drugs.  When we breeders sell someone something, we had better try our best to make sure that they have a chance to make money or they’ll be gone forever.
 
In my opinion, we have a crisis in integrity and a crisis in an ailing industry.  We are dying of a disease, corruption, and the high fever is caused by greed.  Again, our game must be totally above-board before anyone can be truly interested in watching it or playing in it.  To quote another statistic of the 91 horses running in the Breeders Cup this year, 76 of them were running on drugs.  If it’s allowed to be used, it will be abused.  Perception counts more than reality.
 
So what do we do?  How do we get together to solve our problems, Ladies and Gentlemen, because Thoroughbred racing and wagering now is involved in interstate commerce through simulcasting?  Congress not only has a right but a duty to regulate it.  This will happen!  We must act now in a concentrated, cooperative effort to get a benign bill passed which will regulate horse racing in the way we want it regulated.  Let’s face it; it is already regulated, so let’s get it regulated right, with no half measures.  We must regulate ourselves before the Federal Government sees fit to do it for us.
 
Today, I propose that we join together in a united front and go to our congressmen and senators with an idea, and that idea is:
 
The Racing Act of 1992
 
The points in this bill would be as follows:
 
I.       All foals born in 1992 will run drug-free in 1994 as well as older horses.  No           medication will be administered to a horse within 48 hours of a race, and trace levels will be determined by the commissioner.
 
II.      Anyone caught drugging a horse or fixing a race will be subject to specified       penalties for specified offenses, and there will be rigid enforcement of racing’s rules and regulations with certain knowledge of swift and sure punishment to be administered by the commissioner.
 
III.     No convicted felon may hold a racing license.
 
IV.     Uniform licensing will be implemented.
 
V.      A racing commissioner or czar will be appointed by The Jockey Club, The        TRA, The RCI, The TOBA, The HBPA, The Breeders’ Cup, The American Horse Council, The National Turf Writers, and The Jockey’s Guild.  Each organization will have one vote and may nominate a candidate if they so choose.
 
Drug testing will be done according to the RCI’s quality assurance program with the Commissioner assigning certain areas to certain labs as to efficiency and cost control.  This bill will include regulation of other segments of the entire horse industry, such as Quarter horses and Standardbreds, with those segments electing their own respective commissioners, if they wish.
 
In closing, I am reminded of a parable.  There was once a large fine house wherein lived a number of mice.  There were plenty of scraps of fine cheeses, breads and cakes, and the mice flourished.  Then the owner decided to get a cat and this cat wreaked havoc on the mice and their comfortable lifestyle.  All of the mice convened in an effort to find a solution to this life-threatening problem, and they decided to put a bell on the cat. This was considered to be a wonderful idea and was hailed throughout mousedom.  Then one of the mice said, “But who will be the one to put the bell on the cat?”
 
Ladies and Gentlemen, we need to give someone the authority to put the bell on the cat.  We need a Commissioner of Racing.  At the moment, we are all passengers on the clattering train.  Let’s get ourselves an engineer.  We need desperately to create the perception of credibility, honesty and absolute integrity, and we need to rid ourselves once and for all of drugs and thugs.  Once we do this, our future can be as bright and unlimited as that of any sport in this world, and our light will shine for all to see.  Let’s do it because it’s right.
 
Thank you for listening, thank you for your consideration, good luck, good racing, and good day.
 
Arthur B. Hancock III, University of Arizona Symposium on Racing, 1991

ZAYAT: I AM A VICTIM OF VERY BAD PEOPLE

Monday, February 22nd, 2010

In perhaps the most extensive piece written about the Zayat bankruptcy, especially in a non-industry publication, writer Hugh Morley gets up close and personal with the controversial owner. Among other things, Zayat insists that he wants to pay the Fifth Third bank but not on the backs of depressed value for his assets (horses).

"God forbid. I want to pay them. But I want to pay them when I am supposed to pay them. I am a victim of very bad people. I am a victim of a very bad environment."

Read it at NorthJersey.com

Then come back to the Paulick Report and let us know what you think

- Bradford Cummings

BRADLEY WEISBORD NAMED TO KEY POST WITH BANKRUPT ZAYAT STABLES

Tuesday, February 16th, 2010
This rumor, making the rounds for a few weeks, was confirmed in a press release and reported today at Bloodhorse.com: Bradley Weisbord, son of the bloodstock investor/adviser and Thoroughbred Daily News publisher Barry Weisbord, has been named finance and stallion general manager for Ahmed Zayat’s Zayat Stables, which filed for Chapter 11 bankruptcy recently after being sued by Fifth Third Bank.

The elder Weisbord is a shareholder in numerous stallions and is a close associate of Richard Santulli, the former NetJets chairman who has even more substantial bloodstock holdings. Weisbord also served as a trustee in the bankruptcy case involving horseman Tom Gentry nearly 20 years ago. 

The question some inquiring minds in the bloodstock world are asking about the appointment of 2007 University of Wisconsin college graduate Bradley Weisbord to such a position of influence at Zayat Stables is whether or not some of Zayat’s bloodstock assets will wind up being bought by Barry Weisbord or Santulli if the bankruptcy results in a full or partial dispersal. But like Roseanne Roseannadanna used to tell Richard Feder of Fort Lee, N.J., on Saturday Night Live, "You sure do ask a lotta stupid questions for a guy from New Jersey."

Read it at bloodhorse.com.

 
Then come back to the Paulick Report and let us know what you think. – Ray Paulick

RACING’S VALUE: WHERE’S THE BEEF?

Monday, February 8th, 2010

Barry Irwin, the founder and CEO of Team Valor International, has made no secret of his opposition to the racing industry’s reliance on revenue from slot machines or other casino games. The following piece not only cautions pro-slots advocates about the threat of a Trojan horse strategy by gaming companies but suggests racing would be better off in the long run by promoting the sport and not the financial aspects of horse ownership. While his proposals could lead to a reduction in the number of tracks, racing dates and Thoroughbred foals, Irwin says the industry needs to find a viable level at which it can sustain itself. — Ray Paulick

By Barry Irwin

David Greathouse once said to me "We made a big mistake telling people they could make money racing horses."

The "we" referred to by the bloodstock agent and partner in family owned Glencrest Farm of Central Kentucky were those folks that sold a bill of goods to newcomers by telling them that racing was a financially viable pursuit.

Greathouse made a very insightful comment, one that I have reflected upon for the last 3 decades.

As he pointed out, one only has to look at other equine sports to see how they have presented themselves. Trainers of sport horses, dressage horses and show horses rarely if ever promote their sport to participants based on how much money can be made. The ones that do are not around very long.

Yet, by and large, the cost of keeping a three-day event, dressage, jumper or show horse in training is not insignificant. Any parent of a son or daughter with a horse in training at a local riding academy or stable knows precisely what I mean.

Those involved in these disciplines, however, willingly pay the costs because they receive value from the enterprise. That value, in most instances, is not derived from the earning of prize money or the resale of their animals.

Not that these horses lack value. A top dressage horse or jumper or event performer or even a very good child’s pony can be quite valuable in terms of dollars. The best of these animals sell for prices in the hundreds of thousands to the millions of dollars, especially if they are World Equestrian Games or Olympic quality.

But somewhere along the line, marketers of Thoroughbreds shook the genie out of the bottle and promoted their horses as a means by which one could expect to make a buck.

And it wasn’t just the hardboots of Kentucky, the sharp-tongued bloodstock agents in Florida or the fast-talking middle men in California that focused on the dollars.

The scholarly Joe Estes, a staid, analytical and proper gentleman whose bent for statistical analysis made The Blood-Horse the must-read trade magazine of the Thoroughbred industry, in 1948 developed the Average Earnings Index as the measurement by which sires were rated and ranked. It was all based on how much money the offspring of those stallions earned on the racetrack in a given year.

Clever marketers grabbed the ball and ran with it. Racing, a prospective owner could read and see and hear, was a good way to get rich.

For sure, there is money to be made in the Thoroughbred industry. Owners of farms, especially the majors like Coolmore/Ashford, Darley, WinStar and Lane’s End, need to operate on a sound financial basis and they prosper.

Support staff for horses such as trainers, veterinarians, hospitals, rehab facilities, training centers, transportation and insurance companies all make money. Just as they do in all other equine disciplines.

But the people Greathouse was referring to are the consumers of the horses, and the notion that has been floated for the past century in the United States that owners of racehorses are involved in a money-making venture. We would be better off today, he said, if we had never introduced the notion that one should expect a return on investment in a racehorse.

Can and do some owners of racehorses make money?

Of course.

But the percentage is so small that anybody getting into the game must be realistic and understand that these successful owners are the exception, rather than the rule.

If the marketers of racehorses promoted the enterprise based on racing’s intangibles, rather than the tangibles, it would be better for all concerned. Expectations could be better managed and the inevitable turnover rate of owners would decrease. Also, a lot of pressure would be taken off of the marketers themselves.

So if one cannot count on making money by racing horses, where is the value? Where’s the beef!

NO. 1 REASON TO BUY HORSES? THE THRILL OF RACING

I have been forming racing partnerships since 1987, so I have learned a lot about why people want to race horses. Invariably, the prime motivating factor is the prospect of racing a good horse and experiencing all of the magic and excitement that goes along with it.

The thrill of racing is the number one reason why people buy a racehorse. Yes, there is a lot of posturing about wanting to make money and getting the best deal, but mostly, in my experience, those people making this type of chatter feel they must treat it seriously, because they fully realize (consciously or even subconsciously) that they are totally indulging themselves and find a need to justify their purchase of a racehorse.

I know that many reading this will scoff at what they have just read, but I know it to be true in virtually every instance.  And here is another reason I know that money is not the primary reason that people buy horses: even if these folks that are so concerned with dollars are offered a reasonable profit, they invariably do not take it. They will come up with any number of sound reasons for not accepting the profit, such as the tax man’s bite or capital gains holding periods. But in reality, they do not sell because they bought the product to consume it, not primarily to profit from it.

For these people, who form the vast majority of racehorse owners throughout the world, the value is not in the vaunted and much ballyhooed ROI, but in the intangibles, such as pride of ownership and race day thrills.

Have I taken the time to write the preceding 1,000 words just to make a point that people buy racehorses just for the excitement of it all?

C’mon … gimme a break! This is just laying the groundwork. Now, here comes the good part.

Racing is at a critical crossroads in its history, much like it was a third of the way through the last century, when horseracing’s very existence was threatened by those seeking to outlaw it.

The pari-mutuel system of betting, despised by those who wanted to bet with bookmakers, changed the entire face of racing and offered a financial boon to troubled states at a time when the nation faced a worse financial crisis than it does now.

Today, three forces threaten to shut racing down or at the very least, reduce it to a pitiful sideshow. The entities are, in no particular order, racetracks, state governments and gaming interests. In some instances, the racetracks and the casino interests work together. In the future, all three have financial reasons to join forces and work against horseracing.

Right now, there are plenty of people inside of horseracing that see the way to stemming the downward slide and growing the sport is to get in bed with the casinos. There already has been enough evidence on record to indicate that the casinos represent a Trojan horse. They want access inside a racetrack in order to gain a foothold, which they can use to entice both the racetrack and the state to eliminate the expense of horseracing.

Horseracing interests have spent entirely too much capital, time and energy trying or getting into bed with interests whose ultimate goal is to snuff out the game.

Given that the people attracted to horse ownership find more value in the sport than the money involved, I would like to suggest that racing consider making two adjustments that can lead it on a different path, one that hopefully can go some way in establishing a more viable future for the game.

PROMOTE THE SPORT, NOT THE FINANCIAL REWARDS
If I am correct in my contention that the sport trumps the dollar, let’s start by reframing the goals of horse ownership by concentrating on promoting the sport and not the financial rewards to newcomers.

Those marketing horses can take a lead from the top racing partnerships like Dogwood, West Point and Team Valor International. When communicating with newcomers, these outfits stress the intangible aspects of the sport and let neophytes know right up front that if they are getting into racing with the expectation of making a fortune, they are being unrealistic.

Believe me, we are selling our sport short if we think that we must rely on greed and the false promise of life-changing riches in order to attract newcomers and keep them. People, guess what? This sport really is this good!

Secondly, and more importantly, if the sport does indeed trump the dollar and purses are not the end all and be all of the game as we have been told, I suggest that it behooves racetracks to stop pursuing partnerships with casinos and return to their original purpose, which is to promote the sport of horse racing.

I think the non-profit racing associations would be more receptive to this concept, as the for-profit groups seem bent on providing the most return to their shareholders no matter how adversely their actions impact horseracing. Some tracks right now act like they would like to stop producing a live sport altogether.

In the final analysis, the only way our game is going to prosper at a high level again is for the sport to thrive, because it is the sport that provides the driving power, not alternative gaming. Casinos are great for racetracks. They are not good for racing. In the short run, horsemen will be compensated. But in the long run, the casinos will drive them out of business.

MAKE PEACE WITH HORSEPLAYERS
Racetracks that want to stay in business should promote racing. Otherwise, they should not apply for a license and go into the casino business and leave racing alone, so that it can find others to promote it that have their heart in it.

High purses are good, but they are not critical. Racing for years has prospered in many locales where prize money has been very low. It is not ideal to have low purses. But one of the reasons racing in America in particular could use a high purse structure is that expenses to have a horse in training are too high. A lower purse structure, however, could have the benefit of giving a break to gamblers that have supported our enterprise for years.

For racing to prosper again, here is what needs to happen:

1. MEDICATION: racetracks need to take charge of all veterinary supplies to gain control over the use and cost, so that the public is better protected from unscrupulous practitioners and owners can have their horses treated by drugs at as close to cost as possible. Vets can make their money diagnosing and treating horses, like human doctors have forever. They should not look for their compensation from middling strapped owners on the difference in the wholesale and retail price of drugs such as GastroGard and hyaluronic acid.

2. FEED: racetracks need to buy the feed and make it available to horsemen at as close to cost as possible to lower the expense to owners.

3. TAKEOUT: it should be reduced on all wagers to 12 percent, with the state getting 2 percent and the horsemen and the track getting 5 percent each. The states have been greedy for too long and they mostly have budgets inflated by expenses for racing commissions that are woefully inept. Horseplayers have carried the game on their backs for far too long and we need to cut them some slack. It is more important to cater to the bettor than to have higher purses.

So by adjusting to lower purses, horsemen can accomplish a lot. They can make peace with horseplayers. They can keep the casino wolf at bay and improve the chances for the longevity of the sport. And they can concentrate on promoting the game, which in the end is the only thing that can offer it salvation.

In conclusion, racing needs to do whatever it can to concentrate on the core activity, which is racing. The sport must be promoted first and foremost. Secondly, the game must realize that contraction is its friend. By reducing the number of horses bred, the number of tracks in operation and the sheer number of races run, the concentration in quality will only aid the game. Bad horses, bad racetracks and lousy races help nobody. There are too damn many tracks that are nothing but an excuse to have simulcasting.

If by having lower purses the result is that the game contracts, so be it. That way, at least we will find a viable level at which the sport can be sustained. The subsidies from gaming are temporary, no matter what the law says, because as we have all seen, when state budgets get low, the legislators simply amend the law and grab what they need.

Racing must change its focus to promote itself, seek its viable level and send out the best product we can to the bettors that support our game. We need a new model. The present one is broken. It is time to get real.

ZAYAT AND THE ‘TALE OF TWO BANKS’

Thursday, February 4th, 2010
By Ray Paulick
The Chapter 11 bankruptcy filed yesterday by Zayat Stables stems from a "tale of two banks," owner Ahmed Zayat contends, both of them named Fifth Third. The first, a "good bank," was the one based in Lexington, Ky., that sought business in the Thoroughbred industry and worked with its clients. The second, the recipient of $3.2 billion in federal funds from the TARP bailout, was the "bad bank," one based in Cincinnati, Ohio, and getting out of the equine lending business.

Fifth Third filed suit against Zayat in December, alleging the New Jersey-based businessman owed $34 million in unpaid loans. Zayat contends the suit is part of a "scorched earth litigation practice" by a bank "reneging on its promises." He countersued.

Zayat formed his stable in August 2005 and had as many as 203 horses at one time. He has been among the leading owners in the United States since the stable’s formation. His equine investments totaled more than $40 million, Zayat said, and the company’s strategy was geared toward developing top-class racing stock that would provide short-term returns in purses and long-term dividends in breeding residuals. Longer range plans for the Delaware-based LLC "envisioned acquisition of companies involved in equine health research and product development as well as the possibility of racetrack ownership."

Zayat’s filing with U.S. Bankruptcy Court in New Jersey "seeks protection so it can continue to operate its business and build on its success, for the benefit of all of its creditors in the face of predatory lending practices" by Fifth Third.

Zayat contends he and Fifth Third were in discussions to renegotiate the outstanding loans last summer and fall, and Zayat contends the bank agreed to terms. The agreement, he said, prompted him to withdraw 10 yearlings he intended to sell at the 2009 Keeneland September yearling sale, along with 57 horses entered during the Keeneland November breeding stock sale. Instead of being a seller at Keeneland, Zayat bought 24 yearlings at the September sale, with the sale company extending him credit of $3,131,500, he said.

The 20 largest unsecured creditors listed in his bankruptcy petition include several trainers ($148,790 owed), veterinary clinics and pharmacies ($143,258), stallion farms ($318,000), vanning and air transport companies ($85,596), consignors ($54,682) and boarding farms ($65,907).

Zayat Stables is seeking protection from the Bankruptcy Court to continue to operate while reorganizing its business. "The Debtor does not intend to languish in Chapter 11," Zayat wrote. "Rather, the Debtor intends to quickly file a plan of reorganization that will allow for the restructuring of all of its debts as recognized by this Court and preserve a going concern value for the benefit of the Debtor’s stakeholders."

Click here to read Zayat Stables Chapter 11 affidavit in support of first-day motions.

Click here to read Zayat Stables’ voluntary bankruptcy petition and list of unsecured creditors.

Copyright © 2010, The Paulick Report

Savvy businesses recognize value. Advertise in the Paulick Report.



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COULD GEORGIA BE ON OUR MINDS?

Tuesday, January 12th, 2010

In an attempt to increase their state coffers, Georgia officials are looking at Augusta as a likely site for a new track.

"…given the fact the state is going to be looking at billion dollar deficits now through 2013, it doesn’t surprise me there are groups looking to generate new revenues," said Mayor of Augusta Deke Copenhaver.

Did I read this right? A state that’s looking at horse racing as an additional revenue stream? Quick, someone get down there and make that happen before they change their minds!

Click here for the rest of this article

Then come back to the Paulick Report and let us know what you think.

- Bradford Cummings

PAULICK REPORT POLL: BETTER DAYS AHEAD?

Tuesday, January 5th, 2010

By Ray Paulick
Perhaps it’s more hope than optimism, but the second annual poll of Paulick Report readers looking ahead to the new year suggests a belief that the Thoroughbred industry may have better days ahead—or at least may have hit bottom in 2009.

When we first asked readers in late 2008 if the new year was going to be better, worse or about the same as the year just ending for the Thoroughbred industry, the pessimism was palpable, and well-founded. Only 24% of those responding thought 2009 would be a “better” year than 2008, while 52% said it would be a “worse” year. Twenty-four percent thought it would be “about the same.”

The pessimists were right, at least concerning the economics of the industry. As calendar pages were flipped from December 2008 to January 2009, there were multiple crises: the Breeders’ Cup was in turmoil over its cash reserves and governance issues; the late-season breeding stock sales were in free-fall to the point many in-foal mares brought prices that didn’t even cover the stud fees their breeders owed; pari-mutuel handle had declined significantly; Magna Entertainment, the largest racetrack ownership company, was in deep trouble and filed for bankruptcy in March.

Some but not all of the racing industry’s problems were related to the general economic crisis, a situation that may have stabilized somewhat over the past few months.

So when we asked the same forward-looking question of Paulick Report readers last week, there was a tepid increase in optimism but, perhaps just as important, a more sizeable decrease in pessimism. The percentage of respondents who said 2010 would be “better” than 2009 rose from 24% to 30%, while the percentage who felt the upcoming year would be “worse” fell from 52% to 39%. Thirty-one percent believe 2010 will be “about the same” as 2009.

There remain significant challenges: breeders selling yearlings in 2010 are going into a soft market with horses produced from record-level stud fees in 2008. Some banks are moving out of equine lending and calling in credit lines. On the racing side, there has been no resolution concerning the ownership of Magna’s biggest racetracks, Santa Anita Park, Gulfstream Park and the Maryland Jockey Club. The New York Racing Association has said it may run out of money before summer.

Not all the news in 2009 was bad. Bloodstock markets were down generally, though many breeders were braced for worse results than they experienced. November’s weanling market, in particular, was stronger than expected, and international investment played a key role.

The game’s resilience and appeal were never more evident than in 2009, when 3-year-old filly Rachel Alexandra and 5-year-old Zenyatta turned in performances for the ages. When we no longer have horses that stir our emotions, then, perhaps, all hope has ended. Fortunately, that isn’t the case.

Paulick’s Predictions: My view of the upcoming year is that we will see further retraction in mares bred, in the number of races offered in North America, and in total pari-mutuel handle. (Year-end betting figures for 2009, expected to be announced tomorrow or Thursday, are likely to show a 10% decrease from  2008, the second consecutive annual decline of $1 billion. Declines in 2010 will be much smaller.)

As the economy slowly improves and investment markets continue to rebound, the prospects for additional money coming into 2-year-old and yearling sales are much better. Ownership issues of the Magna tracks will be resolved (it is likely Frank Stronach will manage to retain control of Santa Anita Park and Gulfstream Park), and the long-delayed VLT issue at Aqueduct will finally be determined. Texas will edge closer to expanded gaming, but Kentucky’s Republican politicians will continue to keep their heads in the sand, setting up explosive and expensive re-election campaigns in the fall.

That’s not all good news, but it’s not all bad, either, especially looking back on the year that just ended.

Copyright © 2010, The Paulick Report

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BRITISH JOCKS TO BE PAID APPEARANCE FEES

Tuesday, January 5th, 2010

There has been much talk about how to widen racing’s audience in the United States. Quite frankly, there should be more discussion of it on these and other pages. To me, it’s the single most critical step after a state gets slot machines. As Ray has said in the past, slots are a necessary band-aid. How we heal the wound will determine the future of racing.

British racing seems to be wrestling with the idea and have come up with several programs to bring the sport closer to the masses. Offering jocks training in dealing with the media and appearance fees and a central PR campaign to promote racing more effectively to a wider audience.

Will this effort work or is it a misguided if not well-intentioned attempt to put racing back on top?

Click here for the Reuters article in the New York Times

Then come back to the Paulick Report and let us know what you think.

- Bradford Cummings