Posts Tagged ‘ingrid 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 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.”

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.”

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

Savvy businesses recognize value. Advertise in the Paulick Report.

Support the Paulick Report. Make a donation today.

Sign up for our Email Flashes to get the latest news, analysis and commentary from Ray Paulick

Click here to read CHRB rule 1663. Click here for a copy of Jamgotchian’s lawsuit and attached exhibits.

The CHRB has issued fines and suspensions against horsemen violating rule 1663. In a 2007 case, CHRB licensee Edgar Clarke was fined $6,000 and suspended 60 days for violating rule 1663. Other CHRB licensees have also had their horses scratched by CHRB officials in other states for violation of this rule.

Jamgotchian says he claimed a filly named Look Closely at Del Mar on Sept. 3, 2006, three days before the end of that track’s meeting, and entered her within the 60-day “jail time” in a race at Turf Paradise in Arizona on Oct. 27. Following a call to a Turf Paradise steward from Ingrid Fermin, then the executive director of the CHRB, Jamgotchian alleges, the filly was scratched because of the 60-day clause in rule 1663.