FUROR OVER FERMIN
Fermin’s tenure as head of the state agency, which lasted three years, ended in 2007  when she said she did not want to relocate to Sacramento, home of the CHRB’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 “the most corrupt†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 O’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.”
Jamgotchian’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.
Jamgotchian’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 Club’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 “safety steward,†would have substituted for Fermin in judging any inquiry or claim of foul involving one of Wygod’s horses in that race. Does that mean Fermin would have judged foul claims in the same race if they didn’t involve Wygod’s horse?
Wygod is believed to have been upset with Fermin ever since 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 in 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 Friday’s race in which Wygod’s horse ran: “On July 24, 2009, around noon,†Jamgotchian wrote in a widely distributed e-mail, “a ‘secret’ meeting was held in the Steward’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. “Fermin agreed,†Jamgotchian wrote, “and 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 Wygod’s attorney, Roger Licht, “to confirm the above facts regarding their recusal agreement with Fermin†and that Licht told him “there was an ‘oral’ 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 “Wygod recusal†and demand an investigation by the CHRB because of what he called a “unilateral†decision and one that was not publicly disclosed.
If the North County Times article and Jamgotchian’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, shouldn’t she do the same in races involving the trainers who have made similar appeals?
Copyright © 2009, The Paulick Report
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(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
July 26th, 2009 at 3:59 am
The idea of trainers like Jeff Mullins complaining about California stewards is just one of the most hilarious things I ever encountered.
Then again, the same could be said about Marty Wygod complaining about the treatment he got regarding the Sweet Catomine incident (where, however you spin it, he chose to screw bettors by vital facts a secret, but still was let off the hook by the CHRB after he and his guys squarely put the blame on the driver they instructed to keep the incident “low-profile”).
Fermin may or may not have shown favoritism, she deserves criticism for being part of one of the most ineffective lame-duck racing boards in the world, but was there ever a group of people sitting in such a fragile glasshouse as the guys who are throwing stones?
I didn’t think the CHRB could go any softer on horsemen, but allowing them to select the stewards they want may just do the trick.
July 26th, 2009 at 9:05 am
Wouldn’t it be nice for the RCI to make a final decision on Ingrid Fermin after being asked to do so by the CHRB.
I bet Mr. Martin cringes when he sees the negative energy being dispersed by his own.
July 26th, 2009 at 10:25 am
There are no winners when politics is part of the equation. Why is it that the same names pop up for different positions time after time….and California is not the only location where this practice is commonplace. And - again - is there any question why good people who get involved in various facets of this declining industry become frustrated by the manipulative games that are played and leave in disgust?
July 26th, 2009 at 11:31 am
Fermin has too many conflicts of interest to be any kind of official in California and she should go. Biased or not, the horsemen over whom she presides need to have some confidence in the authority she wields. We haven’t heard the same complaints about Scott Chaney or Tom Ward. Fermin should have never been allowed to have a position of authority over horsemen in the first place because of her family connections with an active trainer in Southern California.
July 26th, 2009 at 12:01 pm
Once again….Horseplayers aren’t considered by the people in charge
Let’s see…….6 prominent trainers and respected owners all think “that Fermin is incapable of being unbiased against them”
Why wasn’t the perception of the horseplayer considered.
If one of these guys is taken down on a questionable DQ due to bias or left up on a questionable call due to not wanting to look biased, isn’t this one of those ugly situations where the perception by the horseplayer is just horrendous for racing? Every inquiry involving one of these trainers will be scrutinized by horseplayers, bloggers and journalists in which nothing but bad things can come from it.
Why would any competent racing power-person ever put someone questionable in charge of decisions which could affect millions of dollars of horseplayer’s money and could create a situation/backlash toward the integrity of racing?
Simple answer…..nobody in charge thinks or cares about horseplayers unless they are forced to.
July 26th, 2009 at 12:25 pm
Should a small group of trainers with multiple positives actively participate in the selection of stewards?
Malcer is absolutely correct. The CHRB and track stewards are notoriously easy on infractions by both trainers and jockeys. When is the last time a jock served over three days despite serious rough riding problems out of the gate? Mullins’ penalty was far lighter than either Asmussen or Pletcher for the same drug in other jurisdictions.
Does Ray Paulick have a dog in this fight?
July 26th, 2009 at 12:53 pm
Ray Paulick may have a dog in this fight, however its highly unlikley, but it sure is nice to wake up on a Sunday morning and read meaniful industry news instead of the same ol dribble.
Reporting the news dosn’t always equate to an agenda.
July 26th, 2009 at 1:33 pm
When will someone point out the fact that the Del Mar Thoroughbred Club is involved. Could it be that a pool would have been lost had Jamgotchian’s horse been allowed to scratch? Wygod on the board of DMTC get’s his way? Fermin lives in Del Mar and as Executive Director had her office in the DMTC Office building? Who else was at the “secret meeting” the Del Mar Racing secretary? Please, stop worrying about your press pass and report on the source of the problems.
July 26th, 2009 at 2:31 pm
My only “dog in this fight” is a desire to see regulators do an effective and fair job. I particularly applaud ITP’s comments that one of the biggest losers in any potentially biased regulation is the horseplaying community. If that’s the case, the biggest loser ultimately is the sport itself.
July 26th, 2009 at 3:23 pm
Fermin should Resign This is incredible
July 26th, 2009 at 5:50 pm
Lots of comedy here. Or tragedy. Take your pick. Fermin brings too much controversy …and where there is smoke there is often fire. Jamgotchian causes trouble as a way of life. And Wygod is a hypocrite at best if that story is even barely factual.
July 26th, 2009 at 6:20 pm
Let’s just say that Fermin had a decision to make on a foul in the 8th race on Sat…….She would have been deciding on the fate of almost $5,000,000 bet on the race or using that race in multi-race sequences.
It’s just impossible that with that much money on the line, the horseplayers were never mentioned by anybody in charge (CHRB, Del Mar officials, etc.) as to having a possible problem with perception of a biased decision when 6 leading trainers say she “is incapable of being unbiased”.
July 26th, 2009 at 6:39 pm
And people wonder why we left California. At least in Kentucky I know to keep my friends close and my enemies (have none, really) closer. One day, all the powerful and the want to be powerful will wake up and discover that everyone else is fed up with their shenanigans and have left the California sand box all to themselves. From drug suspensions that never are, to the Chairman of the CHRB keying some guy’s car, to a hopelessly conflicted Steward, what can anyone expect from California that isn’t just one big headache? Bugs Bunny as a steward? Why not? At least we’d know the answer to “What’s up, doc?”
And a big PS regarding the horse player. Wake up people, keep dumping on the loyal players who still play the ponies, and they’ll find another game with far less grief.
July 26th, 2009 at 9:24 pm
At the 2009 Del Mar meet there have been three serious breakdowns in front of the public. All three horses were favorites.
These horses were trained by O’Neil, Mullins, and Mitchell all of whom have had multiple positives. These same persons claim to have been “picked upon” by Fermin during her tenure as Executive Director. Many fans and horsemen feel the penalties should have been more severe, particularly for second offenses. The sanctions were set in State Court Hearings over which she had no input.
If the common goal is the safety and protection of owners, trainers, and the betting public, should these same individuals dictate racing personnel and policy?
July 26th, 2009 at 9:38 pm
Fermin should go, no doubt…Wow, thanks for sharing, I have learned so much here on your site, thought I’d let you know your efforts are appreciated.
July 26th, 2009 at 11:17 pm
Fermin, those who hired her, abusive owners, cheating trainers, drug pushing vets, incestuous state racing commissions: enough already! Throw the bums, vultures and drugs out!
July 26th, 2009 at 11:42 pm
Thank you Ray.
Most CHRB insiders (except for Bo) are closely related to those they are supposed to regulate and are used to gloss-over conflicts of interest.
The arrogant CHRB is used to get away with whatever Jerry Jamgotchian doesn’t expose. Appointing a steward whose sister owns horses and whose brother-in-law Bruce and nephew Gus train horses easily passes the CHRB smell test. How does someone like Ingrid Fermin become coated with Teflon? Does she know too much about too many?
The CHRB which claims poverty in order to excuse its shortcomings with dopers, abusers and drug testing saw fit to hire trainer/lawyer Darrell Vienna as a highly paid medication expert. The state agreed to pay Vienna $348,000 as a consultant. Vienna trained at least one horse co-owned by Richard Shapiro and had prior drug positive(s) which may or may not have stuck to his record. When the 3-year consultant deal was discovered, unrest followed and the deal was aborted. Vienna bowed-out gracefully $100,000+ richer with Fermin officially declaring his work done:
http://www.bloodhorse.com/horse-racing/articles/39318/vienna-resigns-chrb-consultant-post
Amy Lee Nevens, DVM gave a late Salix shot to heavy favorite Intercontinental before the 2006 Palomar Handicap. The big stink was about who covered-up the late shot in order to race Intercontinental. Fermin’s name was mentionned by the whistle-blower. The case was tossed and I believe that Dr. Nevens was hired by the CHRB as a state vet not long after that affair.
In defense of Fermin… That list of trainers is a fine, fine one! They may be well known but they ain’t choir boys and along with others they deserve at least extra scrutiny. They get away with “murder” then act like spoiled-rotten brats. After a few drug positives, perps should loose all whining rights. Pleeease!
A central racing commission could dispatch independent, out of state commissioners and officials to various racing states then rotate them regularly to prevent getting too cozy with the locals. It would handle all cases like Sweet Cantomine, Fermin, drug positives, end all local back-room deals and would inject transparency and integrity. Without a central and neutral authority many in California are fed-up but hopeless and rely upon a deep-pocket in-your-face guy like Jerry Jamgotchian to expose abuse of power. In Fermin’s case, Jamgotchian is finding himself aligned with some questionable bed-fellows.
July 27th, 2009 at 7:59 am
Ingrid Fermin has enemies because she is a tough, no non-sense type of individual that has ruffled the feathers of many cheaters, miscreants, phonies and shemdricks (look it up in your Yiddish dictionary).
I support her.
July 27th, 2009 at 9:48 am
Barry, is that it? From Wikipedia -The Last Unicorn:
“Schmendrick is a bumbling magician who travels with Mommy Fortuna’s traveling carnival out of pure necessity. Reserved to entertaining the sight seers who come to the carnival, Schmendrick wants nothing more than to become a true, powerful magician who does not rely on card tricks and cheap illusions. He sees Mommy Fortuna as an opportunity to gain experience, but when he sees the captured Unicorn for what she is, he decides to free her and join her on her quest. Schmendrick was a character Beagle had initially made up for his children’s bedtime stories, and was called “the world’s worst magician”. The name “Schmendrick the Magician” is a parody of the character “Mandrake the Magician”, and is also drawn from a Yiddish word that Beagle defines as “somebody out of his depth, the boy sent to do a man’s job, someone who has expanded to the limits of his incapacity.”"
July 27th, 2009 at 11:30 am
This is a JOKE. Plain and simple…a JOKE. There are numerous individuals as qualified, if not more so, than Mz Fermin that could have been hired as a steward and none of this circus atmosphere garbage would be going on. And these people responsible for allowing this to happen are just as much of a joke as this situation.
July 27th, 2009 at 11:34 am
Correct me if I am wrong, but aren’t there three stewards? Doesn’t a 2-1 ruling win out in any judgement? So, even IF she was biased on a particular ruling, the other two stewards’ decision would outweigh hers.
This is ridiculous. Jamgotchian has alot of great ideas, many of which i agree with. But, it is just too bad he is such a vindictive and mean spirited person. It is counter productive to what he is trying to accomplish in CA racing.
Those four trainers are biased against Fermin because they all had positives on her watch. She is one of the few people who actually enforced the rules that are set in place. She did a great service to the industry and more importantly, the horses. That’s like blaming the cops for arresting you and puting you in jail after you commit a crime. Those trainers come off like children who still haven’t learned to take responsibility for their actions. They cheated. And got caught. And now they are whining about it. If I had a laundry list of infractions, I would just keep my mouth shut. Goes to show how shameless these guys are.
Doug O’Neill added to the “Roar of the Del Mar Crowd” with a gruesome break down on opening day. Not only did the horse snap his leg in half, he ran about 3/16th of a mile on it. I think the natural instinct of an animal would be to take care of itself and pull itsellf up when it got hurt, not keep running. They let him get away with cheating time after time because he has alot of horses to fill races. Well, he really did a great service to the sport on Wednesday when they aired video of the break down muliple times on SD local news, and ran a photo of it on the front page of the local paper the next day
.
Mullins had one break down and euthanized on Thursday.
Mitchell had one do the same on Sunday.
If I were them, I’d just keep my mouth shut and be grateful I still had a license.
July 27th, 2009 at 1:11 pm
Fermin swept multiple clenbuterol positives under the carpet years ago for Headley before anybody knew what it was. Headley and Gaines both had 10 or 12 but between John Harris getting Gaines offf and Fermin’s allegience to the Headleys, it had no chance of being exposed
July 27th, 2009 at 3:49 pm
Jack, interesting post. When did this occur and what evidence do you have to support it? You state that Headley was using Clenbuterol before anyone knew what it was. Headley is a sharp, old school horseman, but he doesn’t really strike me as a guy who would be on the cutting edge of medications. I think most of that stuff came over when the quarter horse and harness trainers transitioned over to training thoroughbreds. Headley is that last guy I would think was the innovator of clenbuterol.
July 28th, 2009 at 9:11 am
FWIW, Fermin is one of the more clueless regulators I’ve ever spoken with.
August 26th, 2009 at 10:10 am
As a Newbie, I am always searching online for articles that can help me. Thank you
September 1st, 2009 at 6:04 am
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