Posts Tagged ‘Magna Entertainment’

STRONACH SAYS SANTA ANITA WON’T GO BACK TO DIRT UNLESS…

Tuesday, March 2nd, 2010

In a complete surprise to most, Magna Entertainment boss Frank Stronach has announced he plans to keep the Pro-Ride surface at Santa Anita Park despite recent problems with draining the track that have caused numerous cancellations.

Stranger than the decision perhaps is the reason behind the decision. Throughout the bankruptcy process of Magna Entertainment, Stronach has insisted on maintaining ownership of Santa Anita through a different Magna company, MI Developments, despite unloading several other tracks recently. Yet he is saying he will not invest in a new surface until the industry changes its business model.

If he believes racing is broken and won’t do the things necessary to fix the situation at his own track (regardless of your feelings on synthetics, it’s clear there needs to be some sort of surface change at Santa Anita), why is he holding the Arcadia track and California racing industry hostage?

Read it at the Daily Bulletin

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

- Bradford Cummings

PRIORITY NO. 1: HORSES OR HORSEPLAYERS?

Wednesday, January 20th, 2010

By Ray Paulick
Southern California-based trainer Bob Hess crystallized the often toxic debate over synthetic tracks as well as anyone I’ve talked with on the subject: “My horses are happy on it, and they’re lasting a lot longer,” said Hess, a 44-year-old, second generation horseman and a graduate of Stanford University. “My clients are getting more bang for their buck. But without gamblers, we are nothing: there are no purses and no owners. The reality is the gamblers hate this shit. They have no confidence in it. From what they tell me, it’s inconsistent and changes from track to track. Most gamblers tend to play speed, and if you play speed out here, you’re screwed.”

Maybe that’s why Sheikh Mohammed has installed a Tapeta Footings synthetic surface at the lavish Meydan racecourse that is due to open in Dubai later this month and will host the Dubai World Cup program in March. He apparently believes, after extensive testing, that it’s safer for his and other people’s horses. And, since gambling isn’t permitted in Dubai, the sheikh won’t be bombarded with emails and phone calls from unhappy horseplayers who may have had to reinvent how they handicap a race.

SYNTHETIC TEST TUBE
That certainly hasn’t been the case in California, which, for better or worse, has been the test tube for synthetic racetracks, even though the surfaces also are installed at Keeneland and Turfway Park in Kentucky, Woodbine in Canada, Arlington Park in Illinois, and Presque Isle Downs in Pennsylvania.

Ron Charles, the Santa Anita Park president who on Monday strongly hinted that the beleaguered synthetic track will be ripped out and replaced with conventional dirt at the end of the current meeting, called synthetics one of the most polarizing issues he’s ever seen in racing. The tracks have created a great divide among trainers, owners, track executives and regulators, and critics in the press and in online forums and blogs have made synthetics their perpetual punching bag and a principal reason for the industry’s troubles.

Santa Anita, along with Hollywood Park, Del Mar and Golden Gate Fields, was required by a California Horse Racing Board mandate to install synthetic surfaces by Jan. 1, 2008. However, recently elected CHRB chairman Keith Brackpool was quoted in published reports as saying the CHRB would no longer hold any track to the synthetic mandate, one that was championed by former board chairman Richard Shapiro in reaction to reports of an unacceptably high rate of injuries and fatalities occurring on dirt.

One thing the CHRB didn’t do was require all California tracks to install the same surface, a move supported at the time by Jerry Moss, a member of the CHRB and co-owner with wife Ann of unbeaten champion mare Zenyatta. John Shirreffs, Zenyatta’s trainer, is one of the most vocal critics of the synthetic tracks.

When the mandate was approved by Shapiro and the other CHRB members (Jerry Moss abstained in the voting; in the original version of this article, the Paulick Report incorrectly stated that Moss voted in support of the mandate), Hollywood Park and Santa Anita opted to install Cushion Track, manufactured by an Australian company. Del Mar went with Polytrack, a company owned in part by the Keeneland Association, and Golden Gate Fields opted for Tapeta Footings, a surface created by synthetic track pioneer and former trainer Michael Dickinson.

Santa Anita has experienced the most problems—not with safety of the horses—but with drainage. The all-weather aspects of the surfaces were hampered by drainage problems almost immediately during the winter of 2007-08, during the winter of 2009, again last fall, and most recently this week when the track was closed to training and racing on Monday after heavy rains hit California. (Golden Gate Fields, meanwhile, with its Tapeta surface, didn’t miss a beat during the recent storms that hit both Northern and Southern California.) The surface was altered in 2009 with polymers from another Australian surface known as Pro-Ride. It since has played host to two Breeders’ Cups in 2008 and 2009 without incident.

Sources said Ron Charles had his hands tied when he went shopping for synthetic surfaces for Santa Anita. Track owner Frank Stronach is said to have told him not to go with Polytrack because it was owned by the “old boy’s club” at Keeneland. Others confided to the Paulick Report that corners were cut in the installation process, especially in the selection of the sand that was used in the all-weather surface.

Santa Anita isn’t the only track that’s had problems. Hollywood Park and Del Mar’s synthetic tracks have been criticized by horsemen and jockeys, but adjustments in maintenance alleviated some of the concerns. Some trainers who were early critics took a c’est la vie approach, figuring that criticizing the synthetic surfaces was akin to complaining about the weather: that it wasn’t going to change anything.

However, late last year, the California Thoroughbred Trainers board of directors came under fire from a rival group of trainers who formed an organization called California Horsemen for Change, which wanted, among other things, to have the synthetic tracks replaced with dirt. CTT, under president Jim Cassidy, has been supportive of synthetics. The California Horsemen for Change threatened to petition to become the representative organization for trainers, a move that convinced the current CTT board to resign en masse, paving the way for new elections (which have just been completed). According to a source, the newly formed CTT board will be dominated by a slate of candidates backed by California Horsemen for Change, though the CTT has not yet made the election results public.

Supporters of the surfaces say many of the critics have short memories, reminding them that their protests over track conditions in part led to the CHRB’s mandate for synthetics. A return to exactly the same thing in place before synthetics is not going to make anyone happy. There needs to be serious work on a track’s base, cushion and drainage, no matter what type of material lays on top.

STATISTICS SUGGEST SYNTHETICS ARE SAFER
The criticism of the synthetic tracks by horsemen flies in the face of statistics showing they are safer than the dirt surfaces that preceded them, at least as far as fatalities are concerned. What hasn’t been proven or disproven in statistical research is the common belief by many trainers that horses are sustaining more hind end or soft-tissue injuries on synthetics than they were on dirt.

In addition, a growing number of jockeys are saying that synthetic surfaces are more dangerous than dirt if they are involved in spills. Two jockeys, Rene Douglas and Michael Straight, suffered severe spinal injuries on Arlington’s Polytrack this summer, and Julia Brimo suffered a spinal injury in a spill at Keeneland in this fall.

According to statistics compiled by the CHRB’s equine medical director, Dr. Rick Arthur, the number of equine fatalities per 1,000 starts has declined significantly at every track in California. Santa Anita Park, for example, had 2.81 fatalities per 1,000 starts in the four years prior to the synthetic installation; that number has fallen to 1.64 per 1,000 since the conversion. (Hollywood Park has gone from 2.87 to 1.57/1,000; Del Mar from 2.47 to 1.65/1,000; Golden Gate Fields from 3.90 to 1.84/1,000). Click here to see the complete set of statistics.

One Southern California trainer who supports the synthetic tracks said it’s his understanding Santa Anita has had 30,000 recorded workouts without an ambulance run. He said in the days of a sealed dirt track and the aftermath of sealing the track, it was difficult to even plan workouts because there were so many breakdowns during morning training hours.

Del Mar, which has studied results over its Polytrack surface extensively, has statistics showing an overall reduction in the number of post-race injuries, in addition to a reduction in fatalities. Click here to see Del Mar’s statistical report.

“We think we have achieved a measurable increase in safety,” said Craig Fravel, Del Mar’s executive vice president. “Has it done everything we had hoped it would do from the beginning? It probably has not lived up to that. Would we do it again? Yes. I don’t think we’ve done as good a job as we should have done in making the case for the tracks in this tradition-bound industry. But we are confident we did the right thing.”

Many horseplayers insist they are betting less on California tracks since the synthetics were installed. Craig Dado, Del Mar’s director of marketing, isn’t convinced. “There’s nothing we can point to that says the fans are betting less,” said Dado.

In fact, when synthetics were installed, they almost resulted in increased handle at some tracks, due to larger field size. But then came an economic crisis and a recession that saw wagering volume falling at most tracks around the country and fewer owners to fill races with horses.

“There has been criticism that the synthetic tracks are unpredictable,” said Fravel. “But winning favorites at Del Mar have been at 30-31%. There are a lot of differences: they are not as speed favoring as the old California tracks and some people have had to throw out their traditional handicapping methods. It creates issues for people. If they were winning money before and they aren’t now, I consider their angst. There are a lot of people who don’t like these tracks because they are different. But empirical analysis, an intelligent, thoughtful approach, has been lacking. I know handicappers who love the synthetics, partly because they are contrarians. Gamblers all over the world have been betting on that kind of racing for many years and doing so happily. Asking for people to do something different isn’t easy.”

Back to Hess’s belief, that synthetics are better for the horses but not as good for the handicappers, Fravel stood his ground. “We are going to make that choice in favor of what’s best for the horses,” he insisted. “At the same time, it’s incumbent on us to put out better information to make the handicapping issues less significant. I don’t think these are mutually exclusive. “

Copyright © 2010, The Paulick Report

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STRONACH STRIKES A DEAL

Monday, January 11th, 2010

Attorneys for Magna Entertainment have struck a deal in U.S.  bankruptcy court with unsecured creditors that will allow Frank Stronach to maintain control of Santa Anita Park, Gulfstream Park and Golden Gate Fields and the account wagering company Xpressbet.com and the Amtote totalizator company, Reuters and Bloomberg have reported.

The creditors will receive nearly $100 million, according to the reports, while Magna sells off the Maryland Jockey Club tracks (Pimlico and Maryland) and Thistledown in Ohio. MI Developments, which, like Magna Entertainment, is controlled by Stronach, will take over ownership of the aforementioned assets. The unsecured creditors claimed in a lawsuit they were owed as much as $260 million from the total MEC debt of nearly $1 billion. Magna officials hope to have a reorganization plan in place by next month to get the company out of bankruptcy.

Here is the story from Reuters.

Here is the Bloomberg story.

After you’ve read the stories,feel free to return to the Paulick Report and comment on this latest development regarding Stronach and his affiliated companies. — Ray Paulick

JUDGE POSTPONES LAUREL, PIMLICO AUCTION; REJECTS SLOT MACHINE BID

Tuesday, January 5th, 2010

According to the Baltimore Sun, a Delaware bankruptcy judge on Tuesday agreed to postpone Magna Entertainment Corp’s sale of two horse racing tracks in Maryland and rejected a bid by the former track owners to lock up slot machine gambling rights at one site.

Click here for the Baltimore Sun article

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

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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GONE BABY GONE?

Wednesday, December 9th, 2009

By Ray Paulick
Ten years ago many of the grand poobahs of American racing gathered in Tucson, Ariz., for the University of Arizona Racetrack Industry Program’s 25th annual Symposium on Racing. There was great anticipation of the event, in large part to get an update on the fledgling National Thoroughbred Racing Association’s efforts to organize a “league office” and provide national leadership for an industry that had none in areas like marketing and television. The NTRA had commenced operations a year earlier, in 1998.

There’s something about this game that brings out the knockers (no, Tiger, not that kind), and the NTRA was under intense criticism at the outset in many different quarters from people who thought a) their chief executives didn’t know enough about horse racing; b) they were paid too much money; c) the “Go Baby Go” catchphrase developed by New York advertising agency Merkley Newman Harty was mindless; d) their first-year marketing campaign featuring Lori Petty (aka “Tank Girl”) was horrible; and e) horse racing’s television ratings and the economics of the industry weren’t getting any better and the NTRA had already been in a business a whole year!

Oh, for the good old days!

Pari-mutuel handle in North America during the NTRA’s first year in 1998 hit an all-time record, of $13.8 billion, and it increased for the next five years, peaking at $15.9 billion in 2003. At the end of 2009, total handle in North America will be less than what was generated in 1998.

In 1999, when chief executive Tim Smith delivered a state of the NTRA address at the Symposium on Racing he spoke about increased television exposure, including a new series, NTRA Champions on Fox, and additional programming on the ESPN family of companies that would bring the total number of hours of televised racing on network and cable (excluding TVG) to 137, an increase in 40% over two years.

Nearly $30 million was spent on national and local advertising using NTRA-branded material in 1999. Inserts promoting major racing events were placed in Sports Illustrated and USA Today. There were NTRA “fan guides,” racetrack customer service training coordinated by NTRA, new events like the NTRA All-Star Jockeys Challenge, in-depth market research and increased lobbying in Washington, D.C.

Thoroughbred racing, for a brief period, was playing offense, an unfamiliar strategy for this industry. Sure, a few years earlier, the Thoroughbred Racing Associations of North America (a trade association of tracks, not to be confused with the NTRA) hired an outsider, sports marketing executive Brian McGrath, to come in and play the role of “commissioner,” but his tenure was over almost as soon as it began.

Why is it this industry so often says it needs outside expertise, then bludgeons whoever is brought in under that guise because “he doesn’t understand racing”?

Today, while its top executives are back at the Arizona Symposium on Racing, all the NTRA can do is play defense, a glorified game of whack-a-mole. There’s no talk about growing the sport and its business anymore but of how to stop the bleeding. Racehorse injuries and fatalities here. Tote credibility problems there. Threats from Washington, D.C.  There is no such thing as NTRA marketing or television anymore. The organization’s skeleton staff in Kentucky and New York is stretched to the bone, and its budget has been continuously reduced, now standing at about $10 million, a fraction of what it was 10 years ago.

What happened?

The organization’s fate was sealed when Frank Stronach, not long after he started buying racetracks, declared he didn’t need the NTRA for his Magna Entertainment to succeed (how’s that working out?). Stronach petulantly threatened to drop out of the NTRA and joined with other short-sighted track-owning malcontents that forced NTRA executives to spend most of their energy keeping the coalition from crumbling. That’s not a formula for success.

Any chance of building the NTRA into some semblance of a “league office” finally ended when the Breeders’ Cup, which signed a joint operating agreement with the NTRA in 2001, ended its relationship five years later.

I’m not even sure why we have an NTRA any more. Its area of interest almost completely overlaps with the aforementioned TRA, with the lone exception of lobbying federal politicians to maintain tax breaks for horse owners (something, incidentally, the racetrack organization TRA should care about, since it needs horse owners to race at their tracks).

At that 1999 Arizona racing symposium, Smith introduced the NTRA’s second-year ad campaign, one that featured the actor Rip Torn talking to chunks of turf and statues of jockeys like a crazy person. Torn hasn’t had the best of times since then (witness his two arrests for suspicion of drunk driving), and neither has the original Go Baby Go girl, Lori Petty (she had some driving problems, too).

But both Torn and Petty have survived the ups and downs of life, something I can relate to as well. I’m not sure we’ll be saying the same thing of the NTRA, which could be Gone Baby Gone before we know it.

Copyright © 2009, The Paulick Report

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STRONACH’S EINSTEIN PURCHASE: BRILLIANT!

Friday, September 4th, 2009

By Ray Paulick
UPDATED (EIGHTH AND NINTH PARAGRAPH)
There are a lot of things Frank Stronach does that I don’t like, most of them involving the structure of his public companies and how he has run Magna Entertainment into bankruptcy and many of the company’s racetracks into the ground. But when word got out that Stronach was buying multiple Grade 1 winner Einstein from the Midnight Cry Stable of William Gallion and Shirley Cunningham, the two attorneys convicted of wire fraud and conspiracy for pilfering millions of dollars from a class-action lawsuit settlement, I could only applaud the move. When I later read that Stronach said he would retain Helen Pitts as trainer of the Brazilian-bred 7-year-old, well, I started getting this warm and fuzzy feeling about ol’ Frank.The sale of Einstein probably wasn’t an easy one, but it was in the best interests of racing to get the horse as far away from the two convicted and jailed felons as soon as possible, especially since he is racing in Sunday’s $1-million Pacific Classic at Del Mar. The sale apparently had to be approved by a judge and the attorney for the plaintiffs in a civil lawsuit filed by the people Gallion and Cunningham represented in the class-action case involving the diet drug fen phen.

Complicating matters is the fact Einstein is not a young horse, is a son of the unsuccessful and unfashionable Buckaroo stallion Spend a Buck, a front-running Kentucky Derby who may be best remembered for skipping the Preakness to go after a big bonus in New Jersey. Einstein is expected to be a very difficult sell at stud to commercial breeders. Stronach, with a huge broodmare band, is perfectly positioned to support Einstein in a way that few if any other stallion farms could, and he figures to give Einstein every chance possible to succeed as a stallion.

Let’s put it this way. I’ll bet Stronach didn’t have to climb over any other major Kentucky stallion farm owners to buy the horse.

Price of the transaction was not disclosed; the horse was appraised by two bloodstock agents, who apparently testified in a recent court hearing concerning the sale of Einstein. There were no media members present during the hearing, and no one involved in the hearing would provide details. So it’s anyone’s guess as to the appraised value of Einstein or what Stronach ultimately paid.

Given the current uncertainty in the bloodstock market, and the recent news that the North American foal crop is expected to decline 20% from 2008 to 2010, it’s not an easy time to sell any new stallion, much less one that lacks commercial appeal. Valuations that once ran as high as a multiple of 350-to-400 times the first-year stud fee are non-existent today, except perhaps for a farm like Sheikh Mohammed’s deep-pocketed Darley. If Einstein entered stud with a $7,500 or $10,000 stud fee, my best guess is that his estimated sale price would be in the $1.8 million-$2 million range.

Einstein, a winner of 11 of 27 starts and just over $2.7 million, has won seven stakes, none before his 4-year-old season, when he captured the Grade 1 Gulfstream Park Breeders’ Cup Stakes. He won the Gulfstream Park Turf Stakes and Woodford Reserve Turf Classic at 6 and this year’s Santa Anita Handicap along with a repeat of the Woodford Reserve Turf Classic at 7 to round out his current Grade 1 resume.

UPDATED: The fact he won the Santa Anita Handicap on that track’s Pro Ride synthetic surface makes Einstein an interesting possibility for the $5 million Breeders’ Cup Classic. According to Dora Delgado, senior vice president of nominations and on-site operations for hte Breeders’ Cup, Einstein could be made fully eligibleto the Breeders’ Cup through the Horses of Racing Age nomination at a cost of $200,000. Along with $150,000 in entry and starting fees for the Classic, the total would be $350,000, far less than the previous supplementary fee for the Classic, which would cost $750,000, or 15% of the purse. The Horses of Racing Age nominations began in 2006 and was reduced last December from $250,000 to $200,000 for the offspring of unnominated stallions and from $150,000 to $100,000 for the offpsring of stallions nominated to the Breeders’ Cup, according to Delgado.

The $2.7 million winner’s share of the Classic, minus the Horses of Racing Age, entry and starting fees, would probably be equal to or in excess of what Stronach paid for Einstein. Another possibility this fall would be the Japan Cup Dirt, a $2.8 million race run clockwise at Hanshin race course whose winner’s share is about $1.4 million. Then, of course, if Stronach chose to keep Einstein in training next year at 8, he would be a serious contender for the $10 million Dubai World Cup.

If he opts to retire Einstein to his Adena Springs Farm in 2010, it would be similar to when Stronach stood the two-time Santa Anita Handicap winner that he campaigned, Milwaukee Brew, following his 6-year-old season. A son of Wild Again, Milwaukee Brew, who like Einstein was unraced at 2 and a long-fused runner, stood for $15,000 his first season. He has since moved to Adena Springs South in Florida and ranks fourth among third-crop sires nationally. He’s been a bigger success producing solid runners than sale ring candidates. Milwaukee Brew’s 2009 fee was $7,500.

By purchasing Einstein for eventual retirement to Adena Springs, Stronach will be adding to the stallion pool a horse who has proven himself on dirt, turf and synthetic tracks over a distance of ground. The lack of commercial appeal he is likely to have should be good news for breeders who are more interested in producing a racehorse than a sales horse from a moderate stud fee.

Stronach’s purchase of Einstein could, in a few years, have him looking like a genius.Brilliant, I say.

Copyright © 2009, The Paulick Report

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MINOR FED UP WITH MAGNA

Sunday, August 23rd, 2009
By Ray Paulick
Saying he is fed up with what he called the “most unprofessional process” he has ever seen, Internet entrepreneur and Thoroughbred owner Halsey Minor told the Paulick Report he has withdrawn from the bidding for the bankrupt Magna Entertainment (MEC) racetracks.“Magna Entertainment was to bankruptcy when dead what Magna Entertainment was to corporate responsibility and governance when alive,” he said. Minor said he “finally threw in the towel when they refused to allow me to speak and partner with one of America’s most profitable and respected gaming companies for the purpose of getting the value of my offer higher. … The shifting assortment of people ‘running’ the bankruptcy denied my right without ever feeling the need to even articulate a reason.”

Minor’s decision came the same week U.S. bankruptcy court Judge Mary Walrath approved a request by the committee of unsecured creditors to include Magna chairman Frank Stronach and certain directors of the MEC in a lawsuit against Magna’s parent company, MI Developments, for allegedly preventing MEC from selling off some of its assets to avoid bankruptcy. The company filed for chapter 11 bankruptcy March 5.

The suit, filed July 21, said in its preliminary statement that “the MEC bankruptcy did not need to happen” if the company had sold some of its assets and raised equity. “Rather,” the suit states, “the MID Defendant, MID members of MEC’s Board of Directors, MEC management and Tom Hodgson worked together to make sure that asset sales were limited and that key properties –properties that MEC told the world would be sold to the highest bidder–were in fact set aside for MID and its controlling shareholder, Frank Stronach. MID, MEC management, Stronach, and those working with them stubbornly refused to sell MEC’s marketable assets, even after repeatedly telling the investing public in SEC filings and on investor conference calls that they would; and even after they knew that their refusal to act could violate their fiduciary duties. Instead of marketing MEC’s assets in good faith, Stronach and MID (which Stronach controls), larded MEC with purported loans (secured no less) to keep the failing MEC temporarily afloat, thereby ensuring that the MID Defendant would leapfrog ahead of the pre-existing unsecured debt (including $225 millon in unsecured bonds issued in 2002 and 2003) in an effort to protect MID’s equity ownership over MEC’s assets.”

Stronach, the suit alleges, “used his control of MID to set up a ‘heads I win, tails you lose’ financing model.” If MEC’s performance improved, MID and its shareholders stood to profit, the suit says. If MEC were forced into bankruptcy, MID would use credit bids to retain the most coveted racetrack assets.

Click here for a copy of the unsecured creditors lawsuit, which outlines the history of Magna Entertainment and comments on much of the corporate, financial and governance intrigue behind the failed company.

In a proposal made last fall, Minor offered to buy MID’s bridge loans to Magna. He made a similar offer in April after Magna filed for bankruptcy. Minor said he was partnering on the proposal with California supermarket mogul Ron Burkle

, who is listed by Forbes magazine as the 105th wealthiest American, with a net worth of $3.5 billion. Burkle is a major political donor, almost exclusively to Democrats, though he has also contributed to California’s Republican Gov. Arnold Schwarzenegger. He was dubbed the “Billionaire Party Boy” by the New York Post, whose Page Six author Jared Paul Stern allegedly attempted to extort $220,000 from Burkle to stop negative stories about him from appearing in the tabloid paper.

“He is one of the five most influential people in Los Angeles,” Minor said of Burkle. “He’s an extraordinary investor with a sterling reputation, and he’s plugged in to the Hollywood crowd, something racing could use.

“After we submitted our offer I sent an email to MID asking if we could talk with this major casino company,” Minor continued. “I don’t want to name them, but they are extremely profitable and were interested.” Minor said he got an answer saying the offer would not be presented to the MID board because of the new issue involving a casino company.

“It’s so irrational,” Minor said. “They don’t even have a reason. They’re violating their duty, which is to get the maximum amount of money. When these guys are holding me back from doing that, when I have the strongest offer, it’s unconscionable. I’ve pursued this for a long time and spent a lot of money, but there is a limit as to how far someone will go to try and buy a business.”

Minor also accused Magna’s interim chief executive officer, Greg Rayburn (who served as chief restructuring officer for WorldCom during what then was the largest bankruptcy in U.S. history), of having a duel role as an adviser to MI Developments, giving him an “utter and complete conflict of interest.”

Because numbers at Magna tracks are “falling off the cliff,” Minor said, the company’s earnings before interest, taxes, depreciation and amortization (EBIDTA) has “absolutely nosedived.” He said Santa Anita’s EBITDA will have gone from $22 million to $8 million next year. As a result, he said, the track properties have dramatically fallen in value. “There are sub-$100-million bids for Santa Anita,” Minor said. Stronach paid $126 million for the Arcadia, Calif., track in 1998.

“The bids (for some Magna tracks) will be so bad that MID is going to have to credit bid, use their $400 million in debt to go in and buy back the assets, so the track will come back into the same parent company that bankrupted them in the first place,” he said. “That will trigger (investment fund) Greenlight and others to have a conniption because MID will not just lend the money but own the assets outright. There are bidders, but there’s no one to say ‘I will pay more.’

“I told (MID chief executive) Dennis Mills last year Magna was going bankrupt, and he said I was completely wrong, didn’t know what I was talking about, was a bomb thrower. I told Frank (Stronach) that if he went forward with the 363 process (stalking horse bid) and the unsecured creditors got nothing, they would sue him corporately and personally. I’ve told him the money will be tied up in escrow as litigation drags on for years, and said I believe from the work I’ve done that he will lose. The banks will get paid, the unsecureds will get paid, and what’s left will come to him after two years.

“All I’ve asked is, ‘Can I put something together with each of the parties that prevents going down the path of two years of litigation?’ But the basic answer is ‘no.’

“I said a year ago I wanted to prevent an ugly, destructive bankruptcy. We are about to see one hell of a an ugly and destructive bankruptcy. Who knows where these assets will end up? We won’t even know when they are sold who the beneficiary is.


“There will be more lawsuits coming. Frank is not going to let Gulfstream Park be sold for $20 million. So he will buy it back into MID, then what do you think is going to happen? It’s just starting, and it’s like the company itself: it just gets worse and worse and worse.”

Minor said he is stunned that Stronach is considered a front-runner to acquire the German automobile company Opel from General Motors.

“How any sovereign nation can look at money losing Magna International, and chaotic, governance plagued MI Development, and bankrupt Magna Entertainment and decide that Frank Stronach should come near their industrial base absolutely defies all laws of common sense and business,” he said. “The title for his foray into the U.S. Thoroughbred business has now been officially written: Veni, Vidi, Deletum. ‘I Came. I Saw. I Destroyed.’”

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DISABLED JOCKEYS GET $1M FROM FARISH FUND

Thursday, June 25th, 2009
By Ray Paulick
Permanently disabled jockeys got a huge boost today with the announcement that the Williams Stamps Farish Fund has pledged $1 million to the Permanently Disabled Jockeys Fund, the organization currently assisting 60 former riders who have been seriously injured in racing accidents.
The president of the Farish Fund is William S. Farish, the owner of Lane’s Farm and vice chairman of the Jockey Club. His pledge, to be annualized with equal payments over four years beginning in 2009, was accompanied by a message of hope that others in the industry will also step up on this issue.

“I’ve made a lot of friends over the last 30 years who are riders,” Farish told the Paulick Report. “They are in a position that if something happens to them, they don’t have the support financially to move forward. There’s a void. I think this is something that everybody connected to our sport ought to be contributing to: owners, breeders, everyone who is involved in some way or another with racing. These are independent contractors, they’re not protected once they go down, and there’s nothing for them to fall back on.”

The PDJF was formed in 2006 with the assistance of the National Thoroughbred Racing Association (NTRA Charities) and several racetracks, including those owned by Magna Entertainment and Churchill Downs Inc. A number of racetracks, owners, corporate sponsors and organizations have supported the PDJF.

It was necessitated after the former Disabled Jockeys Fund administered by the Jockeys’ Guild ran out of money during the disastrous administration of Wayne Gertmenian, who was ousted in November 2005 after virtually sending the organization into bankruptcy over the previous four years. The PDJF now stands alone as a 501(c)3 charity. Nancy LaSala is executive director of the Fund, overseeing its annual operating budget of approximately $800,000.

For more on the PDJF, click here to see the May 29 feature on the organization that was part of the Paulick Report series, Good News Friday Sponsored by Liberation Farm.

Farish said the PDJF has “been on my radar for a while.” There is a separate endowment, created by the Guild, that Farish hopes can be built up to $10-million to $12-million. It currently has about $2 million, but the money cannot be used until it reaches a certain level.

The Williams Stamps Farish Fund has actively supported numerous community and racing organizations, including Grayson-Jockey Club Research Foundation, the Maxwell H. Gluck Equine Research Center at the University of Kentucky, the National Museum of Racing in Saratoga Springs, N.Y., and the Kentucky Derby Museum, among others.

“I’m hopeful and feel like by putting our name behind this very, very important organization, we can help financially and draw attention to the need,” he said.

“We are deeply grateful to Mr. Farish for his commitment to the PDJF and the disabled athletes it supports,” said executive director LaSala said in a press release. “Thanks to his generosity and leadership the PDJF can now focus more attention on building the endowment that will ensure that financial assistance for our disabled riders will always be available.”

Contributions to the PDJF may be directed to: PDJF, P.O. Box 803, Elmhurst, IL 60126. All contributions are tax-deductible. For inquires contact Nancy LaSala at (630) 595-7660. For more information visit www.pdjf.org.

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JACKSON: NO ‘PLASTIC’ MEANS NO BREEDERS’ CUP FOR RACHEL

Wednesday, June 24th, 2009
By Ray Paulick
Jess Jackson, the principal owner of star filly Rachel Alexandra, said during a New York Racing Association media teleconference on Wednesday afternoon he has no intention of ever running the Kentucky Oaks and Preakness winner on “plastic,” or synthetic racetracks, and ruled out any chance she would compete in this year’s Breeders’ Cup World Championships.

However, Jackson did say that if the daughter of Medaglia d’Oro remained healthy there was a very good chance she would remain in training in 2010 as a 4-year-old, with the Breeders’ Cup at Churchill Downs a year-end goal.

Jackson and Rachel Alexandra’s jockey, Calvin Borel, answered a wide range of questions from the media in advance of Saturday’s Mother Goose at Belmont Park, in which Rachel Alexandra will be heavily favored. NYRA is offering free admission for women and giving away 10,000 pink bracelets embossed with Rachel Alexandra’s name in conjunction with the announcement by Jackson and his wife, Barbara Banke, to give a portion of any prize money won by  the filly to the Susan B. Komen Race for the Cure for breast cancer.

While he gave no indication where Rachel Alexandra would surface following this weekend’s race against fellow 3-year-old fillies, Jackson said he wanted to run her against colts again, and included the nine-furlong Haskell Invitational at Monmouth Park Aug. 2 and 10-furlong Travers at Saratoga Aug. 29 among the possibilities for her this summer. Each race for 3-year-olds carries a $1-million purse.  He also listed as possible starts the $300,000 Coaching Club American Oaks for 3-year-old fillies going 10 furlongs at Belmont Park July 25; the $1-million Delaware Handicap , a 10-furlong event for fillies and mares, 3 and up at Delaware Park July 19; and the $600,000 Alabama for 3-year-old fillies going 10 furlongs at Saratoga Aug. 22. The spacing of her races was important, Jackson said, along with her physical condition.

Jackson said he would love to meet reigning filly and mare champion Zenyatta, but that it would have to happen outside of California. “I would hope we’d meet, but if it’s not in the stars, it’s not going to happen,” he said. “They’re going to have to come east or to some neutral track,” he said. “I’m not going to run on plastic (all of California’s major tracks have a synthetic surface instead of dirt). We don’t need to risk her that way.” Jackson said synthetic tracks tend to favor turf horses and that Rachel Alexandra has proven herself on the dirt. “You can’t predict the outcome of a race on plastic,” he said. “You see horses all finishing in a bunch.” Also, Jackson said the various synthetic manufacturers (Pro Ride, Cushion Track, Polytrack, Tapeta) each produce varying surfaces. “Man is interfering with nature,” he added.

Borel said he is confident the drop back to a one-turn nine-furlong race for Rachel Alexandra will not be a problem after going around two turns in her recent races. “She’s very versatile,” he said. “I’m going to ride that filly with confidence. For me to go out there and not ride her with confidence would be stupid.”

In other news, Jackson, a Californian who is a major contributor to both the Democratic and Republican parties in Kentucky, said he supported recently defeated legislation in Kentucky to bring video lottery terminals or slot machines to the state’s racetracks, though he admitted he “didn’t work hard for the bill because I was back working in California on the wine business. When I support a party or candidate, I do it so they can vote their own conscience. I look at the slots and gambling as an interim or short-term solution. The long term is best served if we can get together and voluntarily form a major league office with a commissioner.”

Jackson also said he “has been approached and am involved in trying to save Santa Anita Park,” which is scheduled to be sold as part of the Magna Entertainment bankruptcy proceedings. The Thoroughbred Owners of California recently confirmed it is planning to bid on the track in a bankruptcy auction. Jackson added that he is considering sending both mares and stallions to his home state in order to improve California’s breeding industry.

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