Posts Tagged ‘RCI’
Thursday, April 23rd, 2009
By Ray Paulick
There was a table-pounding moment Tuesday afternoon at the annual convention of the Association of Racing Commissioners International when Ed Martin, president of the group seen widely as a do-nothing organization, admonished its members to do something.
I felt, for the first time in over 20 years of reporting on the RCI, that it actually might have a pulse. I flashed back to the cherubic Tony Chamblin, whose primary job as longtime head of the RCI was trying to keep his own job. When he could no longer win that battle, he left behind a legacy of a civil war among regulators, one that resulted in two national organizations, RCI and the splinter group North American Pari-Mutuel Regulators Association. Racing industry veteran Lonny Powell replaced Chamblin in 2001, and in his tenure helped put Humpty Dumpty back together. Martin finished the job in 2005, when he succeeded Powell as president of RCI, and the merger of the two organizations was completed in 2006.
So, a cynic might say, we once again have just one useless national organization of regulators with no real authority, instead of two.
Martin is hoping to change that image of the RCI, but it was clear in his rising voice and pointed words that his frustrations are growing. Betting scandals and pari-mutuel pool tampering continues, Martin said, but regulators do nothing. The industry spends $35 million on drug testing to little avail, he said, but virtually nothing on wagering security, the economic foundation of the business. Regulators at the RCI convention hear proposals for how wagering security can be improved and then go home and do nothing. Tracks, he said, say they want to do their own thing but end up doing nothing.
Professional horseplayer Mike Maloney outlined ongoing problems with past-post betting and pool tampering and said regulators exacerbate the problems and suspicions about the integrity of wagering by shielding the incidents from the public. There must be transparency before you can insure integrity, Maloney said.
I had the opportunity to address the regulators at the RCI convention and tried to impress upon them that horseplayers are fed up like I’ve never seen before. I asked readers of the Paulick Report to tell me what they think should be the top priorities of state racing commissioners, and owners, breeders, trainers and horseplayers responded with legitimate and well-reasoned concerns. Foremost among them were calls for tougher enforcement of medication violations and uniform rules from one state to another, something that might not have been important 25 years ago when racing was a localized sport. Today, with interstate simulcasting accounting for nearly 90% of pari-mutuel handle, it is imperative that the rules are the same across the board: on medication, drug testing, penalties, wagering, and licensing.
There is cheating going on, and people in this industry know it, whether it’s medication violations by trainers and veterinarians who know how to game the system (and only get a slap on the wrist when they’re caught) or gamblers using off-shore account-wagering businesses that are not adequately regulated.
Your comments (all of which are being made available to RCI members) helped me convey to regulators how critically important it is for them to take serious action. If they don’t, I suggested, the federal government will.
That point was driven home earlier in the day by Keeneland president and CEO Nick Nicholson, who is also chairman of the American Horse Council and as a former U.S. Senate aide knows how Washington can work. “This particular Congress is not concerned where the problem is but they are determined that they will be part of the solution,” Nicholson said. “This Congress is going to be activist.”
Nicholson brought the Council of State Governments into play last year in hopes of creating an alternative to federal intervention, using interstate compacts, something that is common to other industries. RCI’s president, Ed Martin, also sees interstate compacts as a realistic solution to the challenge of having 38 state regulatory boards walking in lock-step with one another. But it’s going to be up to the individual state racing commissions to make a compact work.
John Mountjoy, director of policy and research for the Council of State Governments, explained to RCI members how interstate compacts work and outlined their various benefits. Among other things, Mountjoy said, interstate compacts offer a federal solution “without Washington.” Uniform rules, operations and training can be achieved through an interstate compact, he said, while allowing flexibility and state sovereignty.
Interstate compacts can’t happen overnight, he added, indicating it could take several years to have one fully operational.
This much we know. There is a crisis of confidence in this industry among the biggest stakeholders–the horseplayers who fund the economic engine with billions of dollars of bets each year. But those stakeholders wagered fewer dollars on U.S. racing in 2008 than in any year since 1998, and this year’s handle promises to be even lower.
Racing commissioners from different states have shown over time they are incapable of taking the necessary steps to address the fundamental problems. There may be a pulse at the RCI that I didn’t sense 10 years ago, and there are good people involved at RCI and many state racing commissions. However, I’m afraid that when most of the commissioners and their paid staff return home from the RCI 2009 convention, it will be business as usual and nothing significantly will change.
That will open the door to Congress and let the federal government come up with its own solution.
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Tags: American Horse Council, association of racing commissioners international, betting scandals, council of state governments, ed martin, equine drug testing, Horse Racing, interstate compact, john mountjoy, Keeneland, lonny powell, nick nicholson, pari-mutuel regulations, pari-mutuel wagering, past-post betting, Paulick Report, racing commissioners, Ray Paulick, RCI, tony chamblin Posted in Medication, Regulatory Issues | 21 Comments »
Tuesday, April 21st, 2009
By Ray Paulick
A couple of horse racing regulators, a politician and some industry leaders. What more could a fella ask for–ducks in a barrel?
That’s the starting line-up for this morning’s 75th annual convention of the Association of Racing Commissioners International from Lexington, Ky. To paraphrase from one of my favorite movies, “Apocalypse Now,” I love the smell of live blogging in the morning!
We’ll be live at ringside in Lexington, Ky., for as much of today’s activities as we can put up with (before making our own remarks to the regulators later in the day).
Here’s the batting order: Kentucky Horse Racing Commission chairman Bob Beck, followed by Kentucky Gov. Steve Beshear, RCI chairman Joe Gorajec (an executive with the Indiana Horse Racing Commission), and keynote speaker Nick Nicholson, the president and CEO of Keeneland, chairman of the American Horse Council, and a board member with the National Thoroughbred Racing Association and Thoroughbred Racing Protective Bureau. Nicholson is the hands-down winner of the longest resume on today’s program.
After a refreshment break, we hope to hear from Alex Waldrop, the president of the NTRA.
The excitement is building and the buzz in the room is damn near palpable. Let’s get ready to rumble!!!!!!!!
9:10 a.m…. Opening remarks by Bob Beck were not overwhelming, but at least he warned us that he wrote them at 10:30 last night after a long dinner with fellow regulators. The only thing that stands out is this gem: "I want to congratulate RCI…I understnad this is the 75th anniversary of RCI, which is really something."
He didn’t tell us what that something is…on to the governor.
9:15 a.m. … Gov. Steve "Boogity Boogity" Beshear was a no-show, unless you count the magic of videotape. Yes, he videoed it in. Beck explained that the governor was really busy this time of year. Yes, checking out those NASCAR tracks and then asking for tax breaks for their billionaire owner is time consuming. Thanks, Gov. He asked the attendees to have and get around Kentucky to see all that it has to offer. "We are the horse capital of the world. We are the home of beautiful horse farms. For centuries,horses and horse racing have been an integral part of our culture and our economy. We have a lot riding on the horse industry here in Kentucky."
I’m betting more of them will drive up to the Belterra casino across the river in Indiana.
9:20 a.m. … Always thought Joe Gorajec was a bright and insightful guy. He quoted from the Paulick Report on something I’d written about the shelf life of "white papers" and urged the commissioners to go home and take action. That’s a good thing. How can I knock Joe? Gorajec cited a couple of articles from the current issue of Sports Illustrated that were extremely negative: Ernie Paragallo’s starving horses and Jeff Mullins’ "honest mistake" treating a horse in the Aqueduct detention barn. "The negativity is unprecedented," Gorajec said. "Hardly a week goes back without solme incident triggering an avalanche of criticism, from inside and outside the sport." For those who haven’t followed Indiana racing, Gorajec is a "hangin’ judge," imposing tough sentence on cheaters in Thoroughbred and harness racing. Other states should look to Indiana for leadership on regulations…and I’m not saying this just because he promoted the Paulick Report.
9:30 a.m. … Nick Nicholson …. how many of these speeches has he delivered over a lifetime in politics and racing? Slick Nick. Very entertaining story about the Blue Grass Stakes winner and the one-horse stable owner, former school teacher and principal Tom McCarthy. On to the serious stuff….
Nicholson calls the NTRA Safety and Integrity Alliance a "seminal moment" in showing "the industry and the country" that racing people can police themselves. Keeneland "killed a tree" to comply with the inspection team, he said. Hope he explains that one.
"I said at the press conference (when Keeneland was accredited) something I want to lead with this morning," Nicholson said. "I said at the press conference that day that this could not have happened without the competent regulation of the Kentucky Racing Commission. It would be impossible for Keeneland to be certified…were it not for the Kentucky Racing Commission." He then made executive dirctor Lisa Underwood and chairman Beck stand up to applause.
"We should not accept our status quo. We push ourselves to continually improve….We are all in this together. This could not have been done by Keeneland alone. The private sector and public sector have a joint necessity of working together."
Nicholson said he told Safety Alliance czar Tommy Thompson that Keeneland would not participate in the Safety and Integrity Alliance if the process was a publicity stunt or "whitewash." He was convinced that it wasn’t. "We are likely to have some stories and headlines that are unpleasant to read while we go through this process…but this industry has to improve a lot of what we do, so whatever bumps along the road we hit, and some will be substantial, it is worth and I am convinced we are going to be a better sport and a better industry for going through this process."
9:40 p.m. … ON to Washington, D.C. "This particular Congress is not concerned where the problem is but they are determined that they will be part of the solution," Nicholson says, "This Congress is going to be activist, this Congress is going to pass a lot of legislation. It is time to pay attention to what goes on." Nicholson quoted Ronald Reagan saying "government is the problem."
Here’s one for the horseplayers. Nicholson said the "best single thing" we can do this year in Washington is to get the I.R.S. off the backs of horseplayers who are fortunate enough to hit a ticket they have to sign for.
There will be a move to legalize internet gambling, he warned, and thinks it will be successful. "All sources of new revenue will be looked at and I’m convinced internet gambling will be one of them….You are going to see transporation legislation, slaughter legislation, animal welfare legislation, and this Congress is much more in a mood to pass something that sounds like a good idea than the last Congress." AHC will devote its next major meeting studying welfare issues.
9:45 p.m. … A forest and tree issue. "The entire economic survival of the modern pari-mutuel system is based on interstate simulcast. At least for the time being we have a virtual monopoly on interstate simulcast." The industry told Congress, Nicholson said, that it could trust the industry because it would be monitored and regulated effectively at the state level. "Any entity that gets into our pools should have a regulatory body, and if it were my say they would have a regulatory body that belongs to this distinguished organization." Horseplayer Mike Maloney erupts in applause. Maloney will speak later today on pari-mutuel integrity issues.
"Let’s talk about steroids," Nicholson says. "This time last year they were common around the race track. This year they are not. … Once this industry collectively decided it was time that we do something about steroids, you demonstrated…that we as industry can moderate ourselves and do it quickly. The steroids situation in America today is dramatically today than it was a year ago. … I understand it’s not perfect, but drugs and drug enforcement is not an area that you ever can declare victory. It’s a permanent, constant journey."
9:55 p.m. … Uniform rules? "We have made worlds of progress. .. We are more uniform right now in our medication and drug policies than we have been in modern times." But, Nick, how do we compare to other equine activities (Olympics, USET, etc.) or human athletics? Isn’t that a more legitimate benchmark than comparing today to our ridiculously un-uniform past?
10:00 p.m. … I sense and I hope that the time is upon us that we come closer to uniformity with the rest of the world. Europe and Asia are moving away from…zero tolerance policy," he said. "I am convinced that each and every one of us wants the end game to be the same: racing with integrity. As long as we get to that goal, that’s the key thing."
In closing Nicholson suggests the legacy of the 2009 RCI convention be that the regulators bring us to uniformity with one another and the rest of the world.
10:30 a.m. … Forgot to mention that Richard Thalheimer, a numbers runner for industry groups (also known as a research consultant) is on the agenda to send everyone who likes horse racing into a deep, deep depression. Pari-mutuel handle down over 50% over time since lotteries and the expansion of casino gambling. I’ve seen this movie before, for the most part. Short message: we are doomed.
But Thalheimer has a new twist based on a Prairie Meadows study. Live racing helps slots handle, as does simulcast racing. I guess the good news here is "racinos" that might consider getting rid of horse racing and just going with slots might be better off if they keep live racing and/or simulcasting. Who is the dog and who is the tail and who is being wagged here?
"Having slots at the track has saved our industry. On the other hand for the long run viability of our industry, (we) have to find ways to increase the pari-mutuel viability," said Thalheimer. He called it a "two-edged sword" that live racing helps slots, though slot machines reduce pari-mutuel handle. "Finally, I’d like to mention…racing has a viable product where you can sell your signal from ADW and online wagering. The time to do it is now."
10:40 a.m. … Alex Waldrop takes the stage. He promises to cover a lot of ground…"the economics of this industry mirror the overall economy." Waldrop blames the media for focusing too much on live handle or overall handle. He points out that "bringing competition into our facilities" (slots at tracks) has driven handle down. He cites slightly declining purses and a major decline in bloodstock prices. "Tracks are struggling….NTRA Advantage (group purchasing) is declining. … Magna bankruptcy, I don’t know much about it, but it’s not a good sign. We know that horse owners are struggling." He condemned the behavior of Ernie Paragallo but then linked it to the falling economy.
Waldrop even touched on the "rise of the bloggers" and the fall of newspapers and trade magazines in the industry. "I blog myself…I’m one of those bloggers. I do it to listen. I love to hear what the fans have to say," he said.
Legislatively, Waldrop said he feels online poker will be legalized by Congress but doesn’t think any other online gaming will be approved in the near future. He called what he thinks will be a proposal in Congress to regulate horse racing at the federal level a "very negative bill. … It may very well happen before Derby. I don’t think there’s much appetite in Congress, they’ve got other things to worry about."
10:50 a.m. … Touching on fans and the impact that the death of Eight Belles had on people, Waldrop spoke about how the Safety and Integrity Alliance came to be. He said revelations about Big Brown racing on steroids was a major concern with "core fans" and that the Eight Belles death had a bigger impact on "casual fans." After both incidents, he said, "Understandably there were calls for change….Others wanted a czar or commissioner. At the heart was a very serious and correct question: Does it have the will and can it change? Or is it doomed to disparate disjointed state by state regulations that is competitive and doesn’t represent the interest of the fans and the industry. That is the one we wrestled with at the NTRA last summer."
"We focused on safety and integrity." The integrity focus was more on therapeutic medication and drugs and not on wagering integrity, he said. "Not that wagering integrity isn’t important." Waldrop asked: "Is (the Safety and Integrity Alliance) an anti-regulation approach? Absolutely not."
He talked about the fans and the horses being the right reason to push the Safety and Integrity Alliance forward, hoping the perception of the industry will change gradually. "It’s got to be done at the state level. We want change and we want it now. We cannot talk our way out of these problems any more. You’ve got to be part of that process," he told regulators. If tracks aren’t accredited, "it will be on your shoulders." Tracks that aren’t acdredited "aren’t in the big leagues." Waldrop is drawing a line and telling the industry you’re either with us or you aren’t.
"I wake up every morning worrying ‘what the heck have I guess myself into.’ We’ve got eight tracks in the accreditation process"
Waldrop said the criticism of the NTRA is that the organization has no teeth. "You have teeth," he said to the regulators. "You’re our teeth."
1:45 p.m. … Bummer. There was a scheduled meeting of the RCI’s Wagering Systems and Tote Standards Committee, but chairman Frank Zancuccki of New Jersey had the SAD DUTY TO REPORT THAT A QUORUM OF THE COMMITTEE WAS NOT PRESENT. That’s not very encouraging. It’s not golfing weather today in Lexington and there’s no racing at Keeneland, so it’s hard to explain all the empty seats this afternoon that were mostly filled earlier today. Maybe some of the commissioners are resting up for the 5 p.m. cocktail party. Zanzuccki said Larry Eliason of South Dakota, chairman of the model rules commitee (and, apparently, the party committee), warned that the afternoon’s program on Wagering and Tote Standards, An Independent Assess of Regulation, Interstate Compact–a New Direction for Racing Regulation WOULD NOT spill over into the cocktail hour.
Thanks for getting those priorities straight, commissioner Eliason. Besides…tote problems? What tote problems? We don’t need no stinkin’ tote problems!
NOTE: I was told later that Larry Eliason was only kidding about not wanting the sesssion to overlap the cocktail party. I guess I’m lacking a sense of humor when it comes to tote integrity.
2:00 p.m. … Professional horseplayer Mike Maloney was introduced and began his presentation by urging commissioners to become familiar with a new organization, Horseplayers Association of North American (HANA), and he presented four things HANA would like to see achieved. all track signals available to accredited tracks, lower takeout, strict uniform medication and improved wagering security. Easy to state, hard to achieve, Maloney said. He talked about the confusion horseplayers have about wagering formats from track to track, especially on which races have trifectas or superfectas due to the different state rules that apply to field size of those races.
Maloney urged states to allow trifectas in small fields, something Kentucky has done. He said the handle increases when tracks do that. He then went on to talk about past-post wagering, late odds changes and wagering pool manipulation. Maloney called for wagering pools to close at one minute to post time. "That a bitter pill to swallow that we would ever have to do that," he said, "but it would solve these problems." He acknowledged that it would cause a reduction in handle. "But if that’s what we need to do, if a y ear or two from now if we are still sitting here and don’t have a solution, then I think we seriously need to consider closing the windows early enough so that the odds are final before the gates are open. That would bring back a lot of confidnece in that game."
Maloney also said he supports the NTRA Safety and Integrity Alliance. "I also support Alex Waldrop," he said. "I have a lot of faith and trust in Alex."
His final comment involved transparency. "Incidents of past-posting have been hidden from the public," he said. Maloney wants all rulings from commissions to be made available to the public. Maloney himself was involved in a past-posting incident he reported, but he said he has not been able to find out from the Louisiana Racing Commission where the investigation has gone. "Lack of transparency" hurts the game, he said.
I hope Mike sticks around for the cocktail hour. There will be more commissioners there that he can give the message to than there were in the room for the meeting on Wagering Systems and Tote Standards. It needs to be heard.
That’s about all I can take. That’s it from the RCI Convention, where the empty seats outnumber the empty suits.
Copyright © 2009, The Paulick Report
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Tags: alex waldrop, association of racing commissioners international, nick nicholson, Paulick Report, Ray Paulick, RCI, rci convention, steve beshear Posted in Live Blogs, Regulatory Issues | 29 Comments »
Monday, April 20th, 2009
By Ray Paulick
Are you happy with the job racing regulators are doing? Could these individuals who serve on commissions, boards, or government agencies, many of them as unpaid political appointees, be doing a better job? What about the paid staff at the commission level, or the racing commission stewards or veterinarians?
That’s what Ed Martin, the president of the Association of Racing Commissioners International, wants me to sound off about during a panel discussion tomorrow at the RCI’s annual convention in Lexington: what’s working and what isn’t working on the regulatory side of this struggling industry.
I’ve got my own opinions to be sure, mostly about things that aren’t working. But I want to know what you think. If you’re an owner, breeder, trainer, horseplayer, industry employee or casual fan, I’d like to know what message you think I should carry to this gathering of racing commissioners. Pretend you’re racing commissioner for a day: what are the issues most important that racing regulators can act upon? What needs addressing now?
Please use the comment section below to make your voice heard. (If you have something to say you would prefer not be seen publicly, please send me an email at ray@paulickreport.com).
Copyright © 2009, The Paulick Report
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Tags: american graded stakes committee, association of racing commissioners international, ed martin, Horse Racing, national association of state racing commissioners, Paulick Report, racing board, racing commission, racing regulators, Ray Paulick, RCI, rci convention, Thoroughbred Owners and Breeders Association, TOBA Posted in Horse Racing, Regulatory Issues, State Government | 50 Comments »
Thursday, April 16th, 2009
By Ray Paulick
Some Thoroughbred trainers and veterinarians are giving new meaning to the term “happy hour.” This isn’t the typical late-afternoon or early evening sessions when drinks are discounted at local watering holes but the time, usually two or three hours before a horse race, when an injection (normally 60 cc’s) or oral dose of alcohol—often vodka—may be administered to a Thoroughbred to calm him down.
This alleged practice, which is prohibited as a Class 2 violation in the classifications of the Association of Racing Commissioners International, made headlines a couple of years ago when a racetrack veterinarian in Nebraska was charged in a criminal case with injecting alcohol in horses with the purpose of affecting the outcome of a race. Those charges were eventually dropped when witnesses couldn’t be located for the trial.
Things got quiet on the alcohol in horses front until last fall, when three trainers at Turf Paradise had horses test positive for ethyl glucuronide, a metabolite of ethanol. Ethanol is the alcohol in beer, wine and hard liquor.
One of the horsemen was Keith Bennett, a former leading trainer at the Phoenix, Ariz., track, who is currently second in the standings with 64 wins from 198 starts, a healthy win percentage of 32%. A second is Justin Evans, who is third in the current standings with 37 wins from 113 starts, a 33% win percentage. The third is E. Mark Welch, with nine wins in 82, an 11% win percentage.
Evans had three horses test positive for ethyl glucuronide positives in a 12-day period between Oct. 31-Nov. 11, 2008. The chief veterinarian for the Arizona Department of Racing ordered tests for the substance in late October 2008. A search of Evans’ barn uncovered six or seven 7.5-liter bottles of vodka in a file cabinet. Evans said in a hearing that he used the vodka as an “old trainer’s remedy,” soaking a pad in the alcohol and using under leg wraps on all of his horses.
The testing was conducted by Industrial Laboratories. Tests for ethyl glucuronide had only been developed a few years earlier by the University of Pennsylvania and had not been widely available until recently, an employee of Industrial Laboratories told the Arizona Department of Racing.
As a result of the multiple positives, stewards ruled that Evans should be suspended a total of 18 months. He was also fined $3,150 and the owners were stripped of purse winnings. Evans appealed, and an administrative law judge reduced the suspension to 120 days. Click here to read the adminstrative judge’s ruling.
According to sources, Turf Paradise officials exercised their right to exclude trainer Evans from the premises, though he was told he could apply for stall space in the future. He is currently stabled at Lone Star Park in Texas, where he won with one of his first four starters of the recently opened meeting, with two third-place finishes.
Another trainer, speaking on the condition of anonymity, told the Paulick Report alcohol is also being used in connection with so-called milkshakes, which contain baking soda and electrolytes and are designed to reduce the lactic acid buildup that causes fatigue. The concoction is mixed together as a paste, the trainer said, and can be administered through a dose syringe, though it is more effective when given through a tube into the horse’s stomach.
“You’re getting them carbohydrates at the top of the lane where some horses are running out of gas,” the trainer said. “I tried it, and believe me, it works. But I quit doing it because I couldn’t afford to get caught.”
Scot Waterman, executive director of the Racing Medication and Testing Consortium, said he is skeptical about the effectiveness of alcohol in milkshakes. It’s his understanding the substance is given to calm horses, not to increase carbohydrates. But he said the use of alcohol in horses has “always been in the rumor mill,” and is something the RMTC takes very seriously. The organization funded a study several years ago to develop the most effective detection methods for ethanol using blood and urine tests and even experimenting with a breathalyzer. “It’s easier to detect when given orally (than intravenously),” Waterman said. “The absorption is slower.”
Turf Paradise steward Ismael Trejo said backstretch security has been employed as an adjunct to testing in hopes of acting as a deterrent to trainer who might otherwise consider giving alcohol or other banned substances to their horses. “We put state investigators on trainers’ barns and have had investigators shadow private veterinary practitioners,” he said. “Maybe we won’t catch them, but we hope we can stop them. The fear of getting caught can be the best deterrent.”
“We do catch cheaters,” said Eugene Joyce, general manager of Turf Paradise. “It might be painful to read the headlines, but we do catch them. We want trainers and $2 bettors to have confidence in the game and to make people believe it’s being contested on a level playing field.”
There are concerns in Arizona and other racing jurisdictions that budget cuts by state government will lead to fewer post-race tests and reduced personnel for backstretch security and investigations. And security is a key to deterrence, said Dr. Rick Arthur, equine medical director for the California Horse Racing Board.
“Our security has been specifically alerted to watch for this type of thing (administration of alcohol),” he said. “Investigators know to watch for it, and this is one of the reasons we are adamant about our ‘water only’ rules on raceday. If it’s not water, the investigators can tell the difference.”
Arthur said some “old-time trainers” will say they used to dose horses with alcohol “somewhere in the neighborhood of four ounces. It is something we are concerned with, something we watch for.”
The CHRB regularly confiscates and tests syringes used by veterinarians to ensure raceday injections are Lasix only, Arthur said. “When we confiscate one syringe, everyone on the racetrack knows about it an hour later," the former racetrack practitioner and surgeon said. "If somebody wants to bend the rules, I don’t want them to be comfortable doing it. That’s why we do barn inspections, vet vehicle inspections, to make people say, ‘Hey, this isn’t worth it.’
“We have no problem prosecuting people we catch, but the goal of our program is to stop people from anything illegally.”
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Tags: alcohol in horses, arizona department of racing, association of racing commissioners international, California Horse Racing Board, CHRB, e. mark welch, equine medical director, ethanol, ethyl glucuronide, eugene joyce, industrial laboratories, ismael trejo, justin evans, keith bennett, Paulick Report, racing medication and testing consortium, Ray Paulick, RCI, rick arthur, scot waterman, turf paradise Posted in Horse Welfare, Medication, Regulatory Issues | 17 Comments »
Monday, March 2nd, 2009
By Ray Paulick
It may not be searchable, completely accurate or as comprehensive as it could be, but the Association of Racing Commissioners International has put together a web site that includes publication of recent rulings from various racing commissions and stewards throughout North America. It’s the kind of thing the Daily Racing Form did years ago in print when it enjoyed a monopoly on past performance information and was the de facto publication of record for the pari-mutuel industry (not to mention one of the most profitable newspapers in the country).
In those days, you could find out who was fined for having a loose dog, smoking in the shedrow, or parking illegally in the stable area. You could also read what jockeys have been suspended or fined for rules violations, what trainers got positive tests for prohibited drugs or overages for permitted medications, and what owners hadn’t paid their bills.
But as profits and news space shrunk, the Form cut out many of its “service to the industry” features, and one of the things to hit the editor’s cutting-room floor was stewards and racing commission rulings. It became increasingly difficult to keep up with why certain jockeys weren’t riding, why some red-hot trainers suddenly went ice-cold, or why a horse was now being trained by someone we hadn’t heard of (usually an assistant to a suspended trainer).
Some tracks post their stewards and commission rulings in public areas or in the racing office; big name suspensions or fines might get picked up in the trade press or local newspapers. But, by and large, it’s been a hit or miss proposition to try and keep up with who has run afoul of racing officials.
Enter the RCI, an organization formed in 1934 under the name National Association of State Racing Commissioners whose name was changed to Association of Racing Commissioners International in 1988. Whether under the NASRC or RCI banner, this has traditionally been viewed as one of the most useless organizations the industry has ever had, mostly because it lacks authority to get anything done. The RCI is an association that can make all kinds of recommendations to its members, but lacks the authority to enforce anything. Some years ago, the RCI threatened to sanction members that didn’t adopt its guidelines on such issues as medication regulations, but those efforts were laughed off. To make matters worse, then RCI president Tony Chamblin was under fire from many commissioners, and a number of states quit RCI and in 1997 formed a splinter group, the North American Pari-Mutuel Regulators Association.
Thus, until the two groups merged back together in 2006, racing had the ultimate absurdity: two competing national associations of regulators, both of them relatively toothless and useless. It’s no wonder we are in such dire straits today regarding the lack of national rules and regulations for the sport.
Fortunately, RCI and NAPRA did merge, and for the past few years RCI president and CEO Ed Martin has been putting the pieces back together. The RCI remains toothless, and some would suggest they are still useless. However, there are things that RCI can do in the way of communications to the public and education to its members, and it’s good to see the organization is focusing on those areas.
One thing RCI can’t control is the quality of its membership. For the most part, racing commissioners continue to be political appointees of governors who in many cases are returning favors for campaign contributions or other types of assistance. Many of those appointees are absolutely clueless when it comes to racing, but RCI can help educate them.
From the standpoint of communicating to the public, there is no greater role for RCI to play than to be a clearinghouse of current and past information from all of its members. That means all rulings from stewards and racing commissions against licensees should be easily accessed at the RCI website, and in a perfect world those rulings would be completely searchable. That’s not the case yet, because RCI is yet another one of those cash-strapped racing organizations that has a bigger mission budget.”
However, what the RCI has (click here to view recent rulings) is a pretty good start. Looking at the rulings posted today, for example, I learned that jockey Gabriel Saez (who was under fire from animal rights groups last year after the death of Eight Belles) was fined $500 for striking his mount with the whip after dismounting from a Feb. 8 race at Fair Grounds. I also learned that a Kentucky licensee named David L. Kirk has been suspended six months for “possession of injectable medications and hypodermic needles” on association grounds.
There are clearly some errors and omissions on the RCI rulings page. One ruling involving Monticello harness track in New York is listed as under the jurisdiction of the California Horse Racing Board. There are numerous rulings missing from California, and none from Arizona, among other states.
But it’s a start.
Why is it important for this information to be public? From the perspective of racing fans, their money supports this game and they deserve to know who among the state licensees has been sanctioned for any and all rules violations. Owners who make a significant investment in the game also have a right to know who is following the rules and who isn’t. Access to this information should be seamless and completely transparent for all jurisdictions.
Some state regulatory bodies, including the California Horse Racing Board, New York State Racing and Wagering Board, and Kentucky Horse Racing Commission, among others, have focused on making their own websites searchable for rulings and infractions. But their time and money might be better spent helping the RCI build a comprehensive, user friendly and completely searchable web site so that racing could have a dependable clearinghouse of information. It’s something the industry deserves, and the RCI is the best-positioned group to deliver it.
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Tags: association of racing commissioners international, California Horse Racing Board, daily racing form, david l. kirk, ed martin, eight belles, gabriel saez, horse racing officials, horse racing stewards, kentucky horse racing commission, national association of state racing commissioners, new york state racing and wagering board, north american pari-mutuel regulators association, Paulick Report, Ray Paulick, RCI, stewards rulings, tony chamblin Posted in Industry Organizations, Regulatory Issues | 7 Comments »
Wednesday, January 7th, 2009
By Ray Paulick
Are betting exchanges a possible solution to the problems facing the U.S. Thoroughbred industry, which in 2008 saw its annual pari-mutuel handle fall for the fourth time in six years, dropping over 7% to a 10-year low? The Thoroughbred Owners of California thinks they may be, having recently signed a letter of agreement with betting exchange giant Betfair to have the UK-based company promote California racing abroad while TOC helps BetFair obtain statutory and regulatory approval to operate a betting exchange in California.
Betfair, which has been trying for several years to gain access to the U.S. market, is also believed to be a leading candidate to buy TVG, whose parent company, Macrovision, announced its intention to sell TVG last year. Though there are no confirmed suitors, others rumored to be potential buyers of the racing network and Advance Deposit Wagering platform include Churchill Downs Inc.; Marc Nathanson, a cable TV industry billionaire and father of TVG president David Nathanson; and an industry consortium that could include Keeneland, the New York Racing Association, former Hollywood Park chairman R.D. Hubbard, and Los Alamitos racetrack owner Edward Allred.
Betfair, a privately held company, was founded in June of 2000, using a technologically advanced platform permitting individuals to go online and bet against one another on a wide range of events, including horse racing, sports, politics and even reality television shows. By taking commissions of 2%-5% from winning bets, the company offers extremely low takeout and has built enormous volume: it claims to have over one million customers from 140 countries, with 100,000 or more active players in a given week. (UPDATE: Betfair said in October 2008 that it signed up its two millionth customer; see comments section, below) Its wagering platform handles over five million bets per day. In 2007, Betfair had 42 million English pounds in earnings before interest, depreciation, taxes and amortization on revenue of 240 million pounds. According to its annual report (which can be seen here), Betfair has 110 million pounds cash on hand.
CONCERNS ABOUT BETFAIR
The problem many see with Betfair is that the company pays a small percentage for the rights to races on which it handles wagers. In England, for example, it pays a bit over 10% of gross profits on racing wagers. In some cases, however, it pays no fees at all, as is currently the case with racing from the U.S. Betfair currently accepts bets on American racing, but only from customers outside of the U.S., and it does not have rights to any video signals. Betfair is acutely aware of concerns from racing interests in the U.S. who believe betting exchanges would cannibalize pari-mutuel betting and decrease revenue to tracks and purses. It addresses some of those fears in this pamphlet, which was designed to appease the racing industry in the United Kingdom.
Another concern raised about Betfair centers on wagers it accepts that a specific horse will lose, prompting worries about race-fixing. But Betfair has cooperated in several investigations involving horse racing and sports betting, giving authorities access to detailed betting information as part of its memorandum of understanding.
Drew Couto, the president of TOC, said the letter of agreement with BetFair was signed last month. He believes wagering will continue to suffer unless the industry distances itself from Albert Einstein’s definition of insanity: doing the same thing time after time and expecting a different result. “That really describes our industry’s approach to this sport and business over the last decade,” Couto said.
“Going forward,” he added, “we have to face two very important realities. “First, we have allowed the sport to basically disappear. It’s no longer a sport, but simply a justification to gamble and wager, and as a wagering proposition we know it’s not the most attractive. We have to go back and make it a sport. We have to give the sport some structure to have it make sense for the fans, make some very serious fundamental changes to focus on the sporting aspect of racing. We have left it largely to the tracks to be the stewards of the sport, and they only care about the financial side.
“Second,” Couto said, “we have to adopt new ways our fans can participate. New wagers, betting exchanges. We have to embrace these new ways of playing as ancillary to the way we currently operate, so it’s new and fresh. That includes tournament-style wagering that was approved by the RCI (Association of Racing Commissioners International) last summer. If we don’t begin to do things differently and find new ways to operate, we are bound to be the definitive example of what Einstein said.”
CAN RACING DEVELOP ITS OWN BETTING EXCHANGE?
Chris Scherf, executive vice president of the Thoroughbred Racing Associations of North America, a racetrack trade organization, for years has advocated that North American tracks consider developing their own betting exchange. He sees the trend in downward handle as a serious crisis.
“We’ve got to look into pricing (the takeout charge on pari-mutuel bets), the product that’s being provided and the convenience factor for wagering,” Scherf said. “We need to make the same kind of concerted effort on handle that is currently being made to improve the safety and welfare issues. Track by track, you can get swamped in a million problems, but this has to be at the top of the pile. We are losing bettors. What do we have to do to change that aspect of the business, the part that provides us revenue? Of course, the entire debacle of cutting off signals in the last year (due to contractual disagreements between tracks and horsemen over ADW splits) was extremely detrimental to any kind of sustained gambling business.
“The problem,” Scherf said, “is we’ve got tracks and horsemen both saying they need more money in this economy. But the first thing we need is an engaged gambling public, and they should be at the top of the list.”
Scherf said he is “somewhere in between fear and welcoming” Betfair into the industry. “We had no master plan for how ADW would fit in and now we are trying to retrofit it, which is causing a lot of angst and problems. We need to spend more time developing a strategy (for exchange betting), though it’s difficult to do that when you have a wide disparity throughout the industry in resources and markets.”
Lonny Powell, an industry consultant based in Lexington, Ky., who previously served in executive positions with racetracks (including head of Santa Anita Park), the ADW company Youbet.com and as president of the Association of Racing Commissioners International, said BetFair has done a good job of “mainstreaming themselves” in recent years by sharing more of its profits with the racing industry in Europe.
“It’s here to stay,” Powell said of Betfair and exchange betting. “When I was in the ADW world, I wished they would just go away, but I don’t feel that way anymore. We’re like an ice cream store that only sells vanilla, but you can go over to Baskin Robbins and get 33 flavors. We need variety.”
Powell, who said he is optimistic the industry will find a solution to its present challenges, believes racing interests should look at developing their own betting exchange. “If the industry could somehow take this wagering crisis a little more seriously and rather than find ways to kill something, find ways to make it work, we can grow the gambling dollar,” he said. “A Betfair type of platform can be operated by U.S. racing interests. The economic model that Betfair offers is flawed, but we all agree our current model is flawed, too. I’ve got to believe a Betfair type of platform would work. Our product is stale, and our wagering levels are stale.”
INTEGRITY ISSUES REMAIN A CONCERN
The reason for declines in handle go beyond a limited product line, said Mike Maloney, a professional gambler in Kentucky who has become an outspoken advocate for horseplayers at industry conferences and who served as an ad hoc member of a Kentucky Horse Racing Commission Task Force. “We are at a very significant crossroads in racing,” Maloney said, “probably the biggest one in my lifetime. The financial crisis is magnifying our problems, but the problems have to be dealt with before racing can recover. The economy may improve, but racing’s problems will still be there.
“Our customer base is aging, and they’ve lost a lot of their faith in the integrity of racing,” he said. “As they age, they aren’t being replaced. The second problem is the takeout is too high. We can’t attract new players and are having a hard time holding on to existing ones. It’s exacerbated because the takeout keeps going up. With competition from other gambling opportunities, you can’t get away with that any more. It’s roughly 5% in other forms of gambling – sports, table games, trading options – but it’s 20% for us. New York just raised takeouts; trifectas are 26% now, and I just refuse to play it. Kentucky wants to raise takeout. What other business in this economic climate would consider racing prices?
“Third,” Maloney said, “racing integrity problems are real, and they are not exaggerated. If anything, they probably are underplayed. Trainers who use drugs to cheat; unsecured wagering pools with outdated technology; unregulated participants allowed access into those pools. People are just beginning to learn about some of the problems in these areas. In the last couple of years the light is being shined on them. These are serious problems that need to be dealt with. Big players realize they can’t trust the pools they are playing money into.”
Finally, Maloney said, the corporate mentality of many racetracks has hurt the game. “There is a disconnect with customers with some of these racetrack holding companies. They don’t really understand their business, and there’s too much short-term bottom line thinking; cutting costs, worrying about the next quarterly report, and too little thought about long-term improvement of the product.”
Maloney, who called betting exchanges a “two-edged sword” because of how they would cannibalize pari-mutuel betting, said the industry has had a wake-up call after being “rocked by betting and drug scandals and threatened” by the federal government. “This crossroad we’re at, what we do from here, will determine the fate of racing.”
(Do you have an opinion on how the industry reverses the trend in declining handle? We’re interested in your comments below and in your thoughts about betting exchanges, the subject of the Daily Paulick Poll, which can be found on the left-hand column of the Paulick Report home page.)
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Tags: advance deposit wagering, ADW, association of racing commissioners international, betfair, betting exchange, chris scherf, churchill downs, david nathanson, drew couto, edward allred, gambling, Hollywood Park, horse race gambling, Horse Racing, horseplayer, integrity in racing, Keeneland, lonny powell, los alamitos, marc nathanson, mike maloney, New York Racing Association, nyra, pari-mutuel wagering, Paulick Report, powell strategy & solutions, professional gambler, R.D. Hubbard, Ray Paulick, RCI, santa anita, Thoroughbred industry, thoroughbred owners of california, thoroughbred racing associations, toc, tra, tvg, youbet Posted in Account Wagering, Betting Exchanges, Industry Organizations, Industry Reform, Regulatory Issues, Wagering | 37 Comments »
Wednesday, November 5th, 2008
By Ray Paulick
The Delaware Thoroughbred Racing Commission has upheld a stewards ruling against trainer Larry Jones involving a test for a higher than permitted level of the bronchodilator Clenbuterol in Two Bucks Stable’s Stones River, who won a June 8 allowance race at Delaware Park.
The stewards have suspended Jones seven days, fined him $500 and ordered the purse money won by Stones River to be redistributed. The ruling was the first of any kind against Jones, who has trained horses for 25 years.
The hearing was conducted on Monday, and both Jones and Two Bucks owner Jim Squires appeared. Jones was represented by attorney Brent Caldwell, according to John Wayne, executive director of the commission. “The commissioners were very impressed and complimentary of Caldwell’s defense,” Wayne said. Nevertheless, the five commissioners voted unanimously in public deliberations to uphold the ruling, which was more lenient than the guidelines established by the Association of Racing Commissioners International. Those guidelines call for a suspension of 60 days to six months and up to a $1,500 fine. Clenbuterol is classified as a Class 3 drug by RCI.
"The commissioners felt that the stewards’ ruling fit the criteria as a first-time offense ever for Mr. Jones," Wayne said.
Wayne said the final decision and order prepared by the commission’s deputy attorney general will be forthcoming. “At that point,” he said, “Mr. Jones has the option to appeal the commission’s decision to Superior Court if he so desires.”
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Tags: association of racing commissioners international, brent caldwell, clenbuterol, delaware thoroughbred racing commission, jim squires, john wayne, larry jones, RCI, stones river, two bucks stable Posted in Medication, Regulatory Issues | Comments Off
Wednesday, October 15th, 2008
By Ray Paulick
The National Thoroughbred Racing Association announced a series of sweeping safety and integrity reforms and the hiring of a former governor and Bush administration official during a press conference in New York this morning.
The reforms, organized under the banner of the newly created NTRA Safety and Integrity Alliance, touch on a wide range of issues that have been bubbling under the surface for years but came to a head this spring in the wake of the death of the filly Eight Belles in the Kentucky Derby, the revelation that Derby winner Big Brown won while racing legally on anabolic steroids, and a damning Congressional hearing that left industry leaders red-faced and fearful of federal action. The reforms and the creation of the Safety and Integrity Alliance evolved over the last several months from a series of closed-door meetings and a confidential discussion document circulated throughout the industry and published in the Paulick Report in July.
The Alliance, to be funded by the financially challenged NTRA, consists of racetracks, owners, breeders, horsemen, jockeys, auction companies, veterinarians, fans, regulators and breed registries. The NTRA has retained the services of former Wisconsin Gov. Tommy Thompson, who also served as secretary of the Department of Health and Human Services for President George W. Bush and made a brief run for the 2008 presidential nomination of the Republican Party. Thompson will be charged with independently monitoring the program and annually providing public reports on the progress the Alliance has made in meeting its goals.
Thompson, incidentally, attended the 2005 Kentucky Derby and later joined a West Point Thoroughbred partnership that owned Flashy Bull, who was unplaced in the 2006 Derby but subsequently won the Grade 1 Stephen Foster at Churchill Downs. According to West Point president Terry Finley, Thompson "loves the racing game" and is in a partnership that currently owns a West Point 2-year-old named Tapit’s Brew.
Click here to read the complete text of the NTRA Safety and Integrity Alliance and Pledge.
For a list of tracks and racing organizations that have agreed to the pledge, click here.
Following is the NTRA’s press release on the formation of the Safety and Integrity Alliance and the hiring of Thompson as an independent monitor.
NTRA FORMS SAFETY AND INTEGRITY ALLIANCE AND ANNOUNCES SWEEPING REFORMS; TABS FORMER WISCONSIN GOVERNOR TOMMY THOMPSON TO PROVIDE OVERSIGHT
National Thoroughbred Racing Association (NTRA) President and CEO Alex Waldrop and Thoroughbred racing industry leaders outlined a series of industry-wide safety and integrity reforms at a press conference in New York today. The NTRA also announced the creation of a new Safety and Integrity Alliance, comprised of the largest tracks and horsemen’s groups in the U.S. and Canada, which will be responsible for implementing the reforms. The Honorable Tommy G. Thompson, former four-term Governor of Wisconsin and Secretary of Health and Human Services, will serve as independent counsel for the new NTRA Safety and Integrity Alliance. Governor Thompson will conduct an ongoing review and provide an annual independent and public assessment to the Alliance.
The reform initiatives are the broadest and most comprehensive in the sport’s history, including:
- uniform medication rules for each racing state
- ban of steroids from racing competition
- out-of-competition testing for blood and gene doping agents and pre-race testing
- uniform penalties for all medication infractions
- mandatory on-track and non-racing injury reporting
- mandatory installation of protective inner safety rail
- mandatory pre- and post-race security
- adoption of a placement program for Thoroughbreds no longer competing
The reforms were approved by the NTRA Board of Directors, representing North America’s leading racetracks, owners, breeders and horsemen, at a special Board Meeting in September and communicated via e-mail to fans just prior to the press conference. Waldrop, joined by NTRA Executive Chairman Robert Elliston, Thoroughbred Horsemen’s Association Chairman Alan Foreman and Governor Thompson, unveiled an ambitious timetable for implementing reforms, calling on NTRA Alliance member organizations to adopt house rules to enforce the measures until individual states and regulatory agencies can catch up via statute and regulations.
“Our industry is taking strong, positive steps to ensure the safety and integrity of our sport,” said Waldrop. “Despite challenges and significant short-term and long-term costs, there is an unprecedented level of commitment among Thoroughbred racing’s leadership to see these measures through.”
Governor Thompson—currently a partner in the Washington, D.C., offices of the law firm Akin, Gump, Strauss, Hauer and Feld—will lead a team that will independently review, monitor and assess the program and provide annual public reports of the industry’s progress toward achieving its goals in the area of human and equine health and safety.
"Our first priority is to insure the health and safety of the athletes and horses in the racing industry,” said Thompson. “On its own initiative, the NTRA has taken a great step forward in committing to reforms and the creation of an important new body to oversee implementation of the reforms. I will take my independent oversight role seriously and work to assure transparency in this process.”
The NTRA Safety and Integrity Alliance will be a standing organization whose purpose is to implement safety and integrity reforms. The Alliance also will function as a certification/accreditation body for the purpose of recognizing and incentivizing compliance by all stakeholders. Reforms will be undertaken using a phased approach that begins immediately—in some cases, under a House Rules format—and transitions to a broader strategy that relies on licensure requirements, continuing education programs and the state regulatory process.
“The health and safety of all participants in Thoroughbred racing – both human and equine – have always been top priorities at Churchill Downs, the home of the Kentucky Derby, and all of our company’s racetracks,” said Robert Evans, President and CEO of Churchill Downs, Inc. “We know that the job is never done where safety is concerned. We fully support the NTRA’s development of safety and integrity standards and the annual certification of tracks that meet those standards. On the issues of safety and integrity, we believe we must hold ourselves to only the highest standards. Our customers do.”
Virtually every leading racetrack and horsemen’s association in North America, representing some one million industry participants, has pledged its support to the Alliance and the reforms. Waldrop indicated that, in the coming weeks, the Alliance will be broadened to include other racing organizations, individuals and fans; and that additional reforms, including wagering integrity issues, will be addressed by the Alliance.
"The horsemen are the people who are ultimately responsible for the day-to-day care and safety of the Thoroughbred,” said Alan Foreman, Chairman of the national Thoroughbred Horsemen’s Association. “As such, the health and safety of our horses and the integrity of our sport are our highest priorities. We are committed to seeing that these reforms and standards are implemented across the nation."
The reforms include improvements to medication and testing policies, guidelines for injury reporting and prevention, safety research, providing a safer racing environment, and post-racing care for retired race horses. They are drawn from the recommendations that have emerged over the past several months from The Jockey Club’s Thoroughbred Safety Committee and Welfare and Safety of the Racehorse Summit, Breeders’ Cup Limited, the Thoroughbred Owners and Breeders Association’s Graded Stakes Committee and the long-standing work of the Racing Medication and Testing Consortium and the Association of Racing Commissioners International, among others.
“Fortunately, we have the excellent work of many industry organizations to build on, allowing us to focus on implementation, oversight, measurement and transparency,” said Waldrop. “The reforms and the plan for implementation have been conceived by those who have pledged to operate at a higher level of integrity.”
The NTRA is a broad-based coalition of horse racing interests consisting of leading thoroughbred racetracks, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity of horse racing and improving economic conditions for industry participants. The NTRA has offices in Lexington, Ky., and New York. NTRA press releases appear on the NTRA web site, NTRA.com.
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Tags: akin gump strauss hauer and feld, alan foreman, alex waldrop, american graded stakes committee, anabolic steroids, association of racing commissioners international, backstretch security, Barbaro, bob elliston, bob evans, Breeders' Cup, churchill downs, eight belles, former wisconsin governor, injury reporting, Jockey Club, National Thoroughbred Racing Association, NTRA, ntra safety and integrity alliance, out of competition testing, post-, post-race security, pre-race security, racing injuries, racing medication and testing consortium, RCI, rmtc, robert elliston, robert evans, safety rail, steroids ban, thoroughbred horsemen's association, Thoroughbred Owners and Breeders Association, thoroughbred safety committee, tommy g. thompson, tommy thompson, uniform medication, welfare and safety of the racehorse summit Posted in Horse Racing, Horse Welfare, Industry, Industry Organizations, Industry Reform, National Thoroughbred Racing Association, Regulatory Issues | 9 Comments »
Wednesday, October 8th, 2008
By Ray Paulick
(UPDATED OCT. 10 TO REFLECT NEW POLICY FROM MAGNA ENTERTAINMENT)
When the Judiciary Committee in the U.S. House of Representatives held a markup hearing on Sept. 17 to discuss H.B. 6598, the Prevention of Equine Cruelty Act of 2008 that would ban slaughter and criminalize the transportation of horses for the purpose of having them slaughtered for human consumption, a letter from National Thoroughbred Racing Association president and CEO Alex Waldrop said his organization took a neutral position on H.B. 6598 despite supporting previous anti-slaughter legislation.
Waldrop’s position statement, read into the record by Republican Bob Goodlatte of Virginia, outraged a number of prominent Thoroughbred industry participants, including Pin Oak Stud’s Josephine Abercrombie, who wrote a letter signed by more than 40 individuals that was sent to the leadership of the Judiciary Committee stating that the NTRA did not speak for them on the issue. The Judiciary Committee passed the legislation on Sept. 23 and sent it to the full House.
On Oct. 3, however, House Speaker Nancy Pelosi (D-Calif.) referred the Prevention of Equine Cruelty Act to the Agriculture Committee, giving that committee until Jan. 3, 2009, to take action on the bill. Since the 110th Congress has adjourned, the bill will not pass unless it comes up during a lame duck session, which is highly unlikely.
Agriculture Committee chairman Collin Peterson (D-Minn.) and ranking Republican Goodlatte both have been recipients of contributions from the NTRA PAC, most recently receiving $5,000 for their 2008 campaigns. Peterson is a member of the Congressional Horse Caucus and Goodlatte has been a strong ally of the NTRA’s lobbying efforts concerning Internet gambling and tax incentives for breeders. Goodlatte has been an opponent of slaughter legislation. (Abercrombie, incidentally, is a “champion” level NTRA Horse PAC donor, giving $5,000.)
In the wake of the Judiciary Committee’s action on anti-slaughter legislation and the NTRA’s neutral position (the American Horse Council is also neutral), Paulick Report readers suggested we contact other major Thoroughbred industry associations and businesses to see if they have taken a position on the issue of slaughter and on the specific legislation (H.B. 6598).
Listed alphabetically by organization, here is what we learned:
ASSOCIATION OF RACING COMMISSIONERS INTERNATIONAL: According to RCI president/CEO Ed Martin, the RCI “normally does not take positions on pending legislation in Congress and has not been asked by any of its members to address the issue.”
BREEDERS’ CUP: Greg Avioli, president/CEO, said the Breeders’ Cup “has not issued a formal policy statement on the slaughter legislation before Congress. However, it is the strong consensus of our board that slaughter is inhumane and any and all reasonable options other than slaughter should be pursued. In furtherance of this position, proceeds from this year’s Championships will go to multiple retirement organizations.”
CHURCHILL DOWNS INC. Officials did not reply to requests for a position statement. Churchill Downs Inc, created the Greener Pastures program in conjunction with the Thoroughbred Retirement Foundation and supports other retirement and retraining programs.
FASIG-TIPTON: Did not reply to requests for a position statement. Under the leadership of the late John Hettinger, Fasig-Tipton’s majority shareholder, the company created Blue Horse Charities to offer support to various retirement and retraining organizations. Hettinger was the industry’s leading anti-slaughter advocate.
JOCKEY CLUB: Spokesman Bob Curran gave no position on H.B. 6598 but said the official breed registry “is opposed to the slaughter or processing of Thoroughbreds for consumption by humans or animals. This includes the sale and/or transportation of Thoroughbreds for slaughter or processing for consumption by humans or animals.” The Jockey Club is a member of the Unwanted Horse Coalition.
KEENELAND ASSOCIATION: Did not reply to requests for a position statement. Keeneland and its foundation have supported Thoroughbred retirement and retraining organizations, including the Thoroughbred Retirement Foundation and Rerun.
KENTUCKY EQUINE EDUCATION PROJECT: A statement from executive director Patrick Neely said: “It has been a topic of discussion in some of KEEP’s industry working groups but no formal position has been taken at this time.”
KENTUCKY THOROUGHBRED ASSOCIATION: Did not reply to requests for a position statement. KTA lists several Thoroughbred retirement organizations on its Web site.
MAGNA ENTERTAINMENT (owns Santa Anita, Gulfstream, Laurel, Pimlico, Lone Star Park, Remington Park, Golden Gate Fields): Does not have a position statement on slaughter or current anti-slaughter legislation, according to an official with the company. OCT. 10 UPDATE: MAGNA INSTITUTES NEW POLICY. CLICK HERE FOR DETAILS.
NATIONAL HORSEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION: CEO Remi Bellocq said he could not provide a yes or no answer to whether the organization supports a ban on slaughter or H.B. 6598 because of the diversity of the 30 HBPA affiliates across North America. “Our horsemen and horsewomen fall across the spectrum on this issue,” Bellocq said. The National HBPA is a member of the Unwanted Horse Coalition. Bellocq said “this shouldn’t be defined necessarily as a ‘slaughter for human consumption’ issue but, rather, an ‘unwanted horses’ issue. To a person, if given a choice, horsemen would much prefer finding a home and/or second career for their horses as opposed to slaughter. Unfortunately, no matter what legislation (state or federal) is passed, the real problem – the number of unwanted horses – will still exist. To stem the number of unwanted horses, education and awareness are a key first step to successfully bring the number down.
“To that end, in 2005 National HBPA was one of the founding members of the Unwanted Horse and we continue working actively within the UHC to better educate horsemen about the options including, should all else fail, humane euthanasia. The UHC has set-up a big tent under which all the wonderful horse rescue programs can work together. If we truly made an industry-wide effort to centralize, for example, an ex-racehorse outplacement / adoption program, I am convinced many could be placed with willing owners. Why not, for instance, establish a national site modeled after Petfinder.com? Already, organizations like the Illinois HBPA have created similar approaches with success (see Illinois HBPA’s Horses Wanted link.”
NEW YORK RACING ASSOCIATION: Did not reply to requests for a position statement. NYRA offers support to the Exceller Fund, which helps place retired horses and has supported the Thoroughbred Retirement Foundation.
THOROUGHBRED HORSEMEN’S ASSOCIATION: CEO Alan Foreman said the organization has not taken a position on the current legislation. “There will be a new Congress in January and we will visit the issue then,” Foreman said.
THOROUGHBRED OWNERS AND BREEDERS ASSOCIATION: Position statement from TOBA president Dan Metzger: “We are categorically opposed to the slaughter of Thoroughbreds, and urge all those involved in the Thoroughbred industry to support rescue and adoption efforts and to work together to find humane means of dealing with the problems presented by Thoroughbreds no longer suitable for racing or breeding.” Metzger did not indicate whether or not TOBA has a position on H.B. 6598. TOBA is a member of the Unwanted Horse Coalition and is affiliated with Thoroughbred Charities of America, which supports numerous horse retirement and retraining operations.
THOROUGHBRED OWNERS OF CALIFORNIA: Did not reply to requests for a position statement. TOC’s Web site offers advice to a horse’s “last owner” and pushed for a first-of-its-kind charitable fund, the Calfornia Retirement Management Account (CARMA), to solicit and distribute purse checkoffs for retirement and retraining programs. Transport for slaughter is illegal in California.
THOROUGHBRED RACING ASSOCIATIONS: Executive vice president Chris Scherf said the organization of North American racetracks has adopted no official position.
Tags: agriculture committee, alex waldrop, anti-slaughter legi, association of racing commissioners international, blue horse charities, bob curran, bob goodlatte, Breeders' Cup, carma, chris scherf, churchill downs, collin peterson, congressional horse caucus, dan metzger, ed martin, fasig-tipton, greener pastures, Greg Avioli, h.b. 6598, hbpa, horse slaughter, Jockey Club, john hettinger, Josephine Abercrombie, judiciary committee, Keeneland, kentucky equine education project, kentucky thoroughbred association, kta, Magna Entertainment, nancy pelosi, national horsemen's benevolent and protective associati, National Thoroughbred Racing Association, New York Racing Association, nhbpa, NTRA, ntra pac, nyra, patrick neely, Paulick Report, prevention of equine cruelty act, Ray Paulick, RCI, remi bellocq, Thoroughbred Owners and Breeders Association, thoroughbred owners of california, thoroughbred racing associations, thoroughbred retirement foundation, TOBA, toc, tra, unwanted horse coalition Posted in Horse Slaughter, Horse Welfare, Industry Organizations | 21 Comments »
Monday, October 6th, 2008
Ray Paulick is live blogging the Task Force on the Future of Horse Racing’s subcommittee on integrity of racing and pari-mutuel activities from the offices of the Kentucky Horse Racing Commission Monday afternoon, beginning at 1 p.m.
Edward (Ned) Bonnie, a member of the racing commission, is chairing the meeting, which is called to order at 1 p.m. "Hopefully we are going to be able to move this peanut down the sidewalk and take some action, however modest, by the end of this meeting."
1:05 p.m. … Hold your horses, Ned! There are six members of the subcommittee and four are needed for a quorum to take any action, acccording to racing commission executive director LIsa Underwood. Unfortunately, there are only three "voting members" of the task force on hand at the beginning of the meeting. Does that say anything about the task force’s commitment to integrity? Hmmmmmmm.
1:10 p.m. …Sounds like Ned Bonnie may be filibustering till someone else shows up to give this group a quorum. Bonnie is talking about various white papers he has written on integrity issues in Kentucky. Earth to Ned: No one with authority has acted on those white papers. Try a different color.
Bonnie states that Keeneland employs the Thoroughbred Racing Protective Bureau (TRPB), the so-called “security arm” of the Thoroughbred Racing Associations of North America (not to be confused with the National Thoroughbred Racing Association). However, it is revealed Turfway Park, which is owned in part by Keeneland, does not use the TRPB. Is no one on this task force subcommittee curious why Keeneland doesn’t use TRPB at Turfway?
Bonnie says Kentucky’s racing regulators have been understaffed for many years in the area of security. “Feet on the ground is the most effective way to produce security on the backside,” he says. Bonnie says New York has 12 investigators. When vets show up at the back gate at a New York track, Bonnie says, the security chief for the New York State Racing and Wagering Board assigns an investigator to ride with them. New York’s security arm recommends that each state have a good security staff, well paid, but that the industry also needs a group, not unlike the Big Event Team that provides stable area security at major events. “If we are going to have the integrity the industry accepts the need for, then we are going to have to have the tools to get that done," Bonnie says.
1:20 p.m. … First up is Isidore Sobkowski, an entrepreneur who said he has developed a system for wagering security in conjunction with the Association of Racing Commissioners International Integrity Services. Sobkowski said he used to nail insider traders on Wall Street and was an interim consultant to the NTRA on wagering integrity back when the organization hoped to have an Office of Wagering Security. Sobkowski told Bonnie he spent two years trying to sell his pari-mutuel security system to the NTRA, but it “became clear” they weren’t going to buy it. As of Jan. 1, 2009, Sobkowski said, totes will be subject to a rule in New York State for “independent monitoring.” He said California, Oregon and other states will follow suit. Totes may be able to pass on costs TO THE CUSTOMER (see 2:15 p.m. update), Sobkowski added.
Izzy (easier to type than his full name) has some proprietary software called MonitorPlus that he said detects “potentially inappropriate activity in the transactional stream and security database.”
1:25 p.m. … Bad guys who want to break into the tote systems are getting smarter, Izzy says. Reminds me of "when guns are outlawed only outlaws will have guns." He is offering a "turn-key solution. " Izzy says, "Plug it in, it works, take the plug out, it stops working."
1:30 p.m. … Still no quorum for this meeting.
1:35 p.m. … Sobkowski and RCI president Ed Martin came up with the idea of RCI Integrity Services at a diner outside of Saratoga. Now he is filibustering, talking about "artificial intelligence" and all the people who were too stupid to buy his services until now.
1:40 p.m. ,,, Denny Oelschluger (an associate of Izzy’s … can’t they hire someone with an easy name to type?) talks about some of the actual results the MonitorPlus system has detected. Examples: an advance deposit wagering account with computer assisted wagearing that has a rate of return of 1.5 on all bets (the normal is less than 0.80); in looking at 862 races (5,800 wagering pools, over six days), Monitor Plus detected multiple instances of cancel delays (bets canceled after the close of wagering). The canceled bets are losers, suggesting a similar pattern to past post wagering on winning bets; win pool odds are being manipulated by canceled transactions. The system also picks up suspicious wagering on "fixed" or "boat" races, Denny says.
1:50 p.m. … "How do we stop this?" Bonnie asks. I believe that’s why we are here, sir. I assume he is talking about the illegal wagering, but maybe he is talking about the presentation of MonitorPlus (see below).
2:00 p.m. … "We are not going to serve dinner here tonight," Bonnie says. In other words, isn’t 45 minutes enough time to deal with this issue of integrity? Please sir, just a little more time, Izzy begs after that remark. To her credit, Lisa Underwood steps in to say that it would be a good idea if the system could be explained further for the members of the task force subcommittee.
2:05 p.m. … It just occurred to me that this MonitorPlus system does not have the stamp of approval of the Jockey Club (no Jockey Club officials are at the meeting), which in my opinion is going to severely impact its chances of approval. Those Jockey Club tentacles have a long reach.
2:08 p.m. … Izzy does a quick "how the system works" presentation. It includes a national database that analyzes wagers everywhere. Bonnie questions whether a national data base has jurisdiction on account wagering systems based off-shore in places like St. Kitts (where many of the rebate shops are located). Izzy says on Oct. 18 those off-shores are going to be "read the riot act" in a meeting in Oregon. Not sure why. Again, it looks like this could meander down the path of "lack of national authority." Izzy says national legislation would help but then adds that the industry doesn’t seem to want that.
2:10 p.m. … "Clustering" is explained by Izzy as unusual things that happen in a betting stream. Once clusters are found, they are analyzed with such things as a SNA or social network analysis that looks at who is involved (jockeys, trainers, owners), what is their record, who are their associates …a who, what, when, and maybe a why the unusual cluster of betting activity occurred.
2:15 p.m. … Customers will be paid by the month; fees will be assessed by how much the MonitorPlus system is used, and its price is based on the handle. Mike Maloney, the horseplayer on the task force, asks how costs are passed on to customers. Industrywide it would cost $6 million, Izzy says, with the increase to be added to takeout (approximately .0004% of handle, based on $15 billion in national handle). Maloney says takeout is too high already, but that the small additional amount doesn’t bother him. A lot cheaper than the $50 million IBM wanted to charge a few years ago, Izzy says.
2:25 p.m. … Frank Kling, a member of the Kentucky Horse Racing Authority talks about the work his committee had done regarding problems related to the tote system before Kentucky Gov. Steve Beshear disbanded the authority and replaced it with the racing commission and mostly filled it with people who helped get him elected. Sounds like any good work that committee may have done will soon be forgotten.
2:35 p.m. … Horseplayer Mike ($10 million in bets a year) Maloney takes the floor. "I’ll rely on my 30 years of hard knocks at the racetrack to help expalin this." Maloney refers to a white paper he wrote for the commission and says a year ago no one was talking about wagering integrity. "We’re at the very beginning of this process," Maloney says. "This is an opportunity for Kentucky to take the lead. No one has really stepped forward." Maloney believes that increased wagering security will lead to greater confidence among bettors, who may bet more in the future. "Our wagering system is flawed," he says. "I hope everyone on this task force agrees with that. … Any reasonable person would have to agree with that." Maloney sees problems with past posting (accidental, part of a sophisticated plan, larceny, incompetence, human error). There are delayed cancellations. "When they are used to take advantage at the racetrack, it’s basically stealing," he says. "Since we don’t have a national authority, every bettor, every participant depends on the state racing commission to protect their interests. Today we fall far short of that mark, and it’s in the hands of the racing commission. The racing commission is the protector of the bettor’s rights."
"Tracks don’t record (in minutes and seconds) when their races begin," Maloney says. "Betting sites are allowed to participate in our wagering pools without proper oversight. In order to protect all bettors’ rights, no one should be allowed to participate in any Kentucky racing pool unless they agree to a certain level of oversight."
2:45 p.m. … Maloney is stunned that no American track (until recently) records the actual start time of a race, in order to compare it to when the betting is cut off, then says an average group of eighth graders would make that as a requirement if they were to set basic rules for racing. Tote companies do record when the betting stops, Maloney said. Kling said that Nick Nicholson of Keeneland added the start time to television monitors for Keeneland’s races. The times between tote companies and racetracks are not currently synchronized. "Lacking a national body of oversight I don’t know where we start on this," Maloney says. "How hard is it to do that?" Maloney asks. "You’d think we could do that with a conference call in an hour. We’re not asking to reinvent the wheel or split the atom."
2:50 (at least according to my clock) p.m. … Maloney is still stuck on time. He relates how Sunday at Keeneland a clock on Keeneland’s monitor showing the time in hours/minutes/seconds and a monitor with a Belmont Park race showing hours/minutes/seconds each had a different time of day. He relates to how the Nevada Gaming Control Board closely monitors the game of Keno and how that regulatory agency would crack down on the kinds of problems that horse racing has. "In racing we know we have these problems," he said, "we just let it go on. Nobody pays a fine, nobody loses their license. Who takes the brunt of that? The bettor. And the game of racing. The industry is hurting itself by not policing itself."
2:58 p.m. … Maloney still going after them, saying that past-posting incidents only come up when they are discovered by the press. The tracks and the tote companies won’t admit it until they have to, he says. It’s up to the commissions he repeats. His solutions: 1) "invest in technology to make the longest wagering cycle no more than 15 seconds" (he refers to a five-year old study done in the wake of the 2002 Pick Six scandal at the Breeders’ Cup that called for the 15-second cycle, and said it hasn’t been done yet); 2) "use technology to directly link the pressing of the starter’s button to the closing of the wagering system" (currently stewards push a button to close betting); 3) "require tracks to record when their races start. I would like to see that be in the regulations"; 4) "require all tracks and tote companies to synch their time systems to one industry standard." Maloney said he is "so encouraged" after years of banging his head against the wall on these issues.
3:05 p.m. … Bonnie looks a bit deflated when he says the subcommittee can’t take action on anything today for lack of a quorum.
3:10 p,m. … Bonnie asks Maloney why something hasn’t been done yet. "The industry lacks oversight," Maloney tells him. Duh.
3:13 p.m. … Owner/breeder Gary Biszantz, a member of the subcommittee speaks up. "I’m not sure why I’m here today," he says, then goes on to tell the story of how he told officials at the New York Racing Association five years ago that there was past posting going on and they said he was crazy. Biszantz pushes for a non-technological solultion. Close the pools at post time, before the horses are loaded into the gate, he says. "As a bettor, I’d have absolutely no problem with that," Maloney said. "But the tracks wouldn’t go for that," Biszantz answers back, then goes on about all the problems the industry faces because of the lack of oversight at nearly every level. "It’s total chaos," Biszantz emphasizes.
3:18 p.m. … Bonnie calls for a break. Maybe he can round up another committee member and get a quorum.
3:30 p.m. … Frank Fabian and Curtis Linnell from TRPB are introduced. Fabian, a former G-man who worked in the terrorism division of the FBI, is a smooth talker. He applauded the TRPB’s own wagering analysis program that the TRA funded to the tune of $600,000 and eventually fell into the lap of the Jockey Club. "For two years now, we have been doing quite a bit," he told Maloney. "We’ve been quite successful," Fabian said, adding the TRPB has the full support of all the Kentucky racetracks. Fabian said wagering anomalies have been identified and "reports have been filed" with the racetracks where those anomalies occurred. Maloney doesn’t look very convinced, and I am reminded of the reaction of one industry leader to Fabian’s similar presentation at a Jockey Club Round Table a couple of years ago in Saratoga Springs, N.Y. "That was total b.s." this person said to me after Fabian’s Round Table presentation.
"I think TRPB is doing all it can to bring the engagement of wagering integrity in the environment we are in now," Fabian told the commission subcommittee. Fabian said the TRPB has analyzed off-shore wagering activities and is putting these betting shops through a due diligence process, but would not comment when questioned on whether or not anything found in that analysis was "alarming." Malone presses Fabian on whether or not RGS (a major rebate shop) has agreed to a due diligence process. Fabian employs an artful dodge, then introduces Linnell.
3:45 p,m. … Linnell gives a history lesson about how the NTRA blew through $3 million after the Pick Six scandal of 2002 without solving the wagering problems it was charged to examine.
3:50 p.m. … Linnell focuses his report on "stop betting," showing the varous ways and times betting can be stopped. As a representatiive of the racetracks (it should be remembered), he reminds the commission that betting should be left open as long as possible. A nifty bar graph on the close of betting shows that 23% of the entire win pool of a race is wagered between the "off time" when a race is scheduled to go and the final close. Linnell calls it "counterproductive" to close wagering pools early because "betting device technology is improving."
4:00 p.m. … During a Q&A session on some of Linnell’s presentation, Biszantz complains that we are listening too much to the tote companies instead of doing the right thing. Malone shakes his head in agreement. Linnell returns to his presentation and focuses on factors that slow down the posting of final odds (which infuriate horse players who see the odds change midway through a race). One factor is the cancel-delay — the time that bets can be cancelled after betting has closed. Cancel delays are sometimes allowed for pari-mutuel clerks to make. Double hops from betting hub to betting hub can also slow odds, Linnell said, as can tracks who are not on-board an "almost final" tote update. (It’s all too complicated, which is probably the point of his presentation.)
4:05 p.m. The TRPB is investigating past-post incidents, Linnell said, using its wagering analysis tools. Those investigations are launched as a result of multiple points of contact, whether from tracks, commissions, major horseplayers and even England’s BetFair betting exchange, which takes bets on U.S. races. Linnell then explained several reasons for how past-post betting can occur, including human error or technology and hardware or software failure. Linnell is losing me again, talking about master systems, slave systems, and clones. It must mean something to someone.
The committee then discusses mistakes by tote companies that allow past posting and how they should be penalized in some way if the tote companies make a mistake similar to the kind that occurred several months ago when past-post wagering took place at Tampa Bay Downs on a race at Philadelphia Park that had already been run. "Every bet made was a winning bet!" Linnell joked.
4:20 p.m. … Linnell gave his solutions to the problems of the stop-betting issue: conduct daily testing of stop betting system; have a back-up to the stewards/judges function that currently stops betting; have a second stop-betting command; get rid of all cancel delays; and have tote time recorded on the video feed from every track.
4:25 p.m. … Maloney wants more accountability and transparency regarding the public disclosure of past-posting incidents and their causes. "I see this as a big problem with the confidence of bettors," he said. Linnell didn’t disagree, laying out a series of actions that TRPB recommends in the event of past-posting incidents, including more disclosure and transparency on the incidents, and the extent of wagering that took place after a race began.
4:35 p.m. … Linnell wraps up his presentation, and I’m afraid that Bonnie didn’t live up to his promise to move the peanut up the sidewalk. No quorum, no peanuts, and no sidewalks are in sight.
4:50 p.m. … Bonnie asks Fabian how Kentucky can improve its backstretch integrity related to the use of performance enhancing drugs in horses. "It’s through (on-track) investigators that helps us focus (TRPB’s) scant resources to work with commissions to have targeted investigations and targeted searches," Fabian said "We have to get back to some of the basics for our investigatve techniques. We have fallen short on having quality investigators."
5:00 p.m. … After a meandering discussing about the need for backstretch security to deal with catching cheaters who use performance enhancing drugs, Bonnie closes the meeting. "When we have a quorum we’ll take some action," he says.
Let’s hope someone holds the commission to that.
Copyright © 2008, The Paulick Report
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Tags: association of racing commissioners international, bob beck, ed martin, edward bonnie, frank kling, gary biszantz, Horse Racing, isidore sobkowski, Keeneland, kentucky horse racing commission, lisa underwood, mike maloney, National Thoroughbred Racing Association, ned bonnie, nick nicholson, pari-mutuel wagering, past-post betting, Paulick Report, pick six scandal, Ray Paulick, RCI, subcommittee on integrity of racing and pari-mutuel act, task force on future of horse racing, thoroughbred racing associations, thoroughbred racing protective bureau Posted in Kentucky, Regulatory Issues | 11 Comments »
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