Month: October 2020

ARCI Racing Investigator Certificate Program Commences Online

On Monday, the University of Louisville Equine Industry program commenced the ARCI Racing Investigator Certificate Program online. The program, the first of its kind, will be conducted over the course of two days and will conclude on Tuesday, October 6, 2020.

The program, an initiative of the Association of Racing Commissioners International, holds tremendous value to not only current investigators but to those who hope to hold the position in the future. The content was produced through the efforts of the late John Wayne who was considered to be one of the foremost authorities on racing regulation in the U.S. Wayne was employed by 20 racetracks over 15 years as an investigator with the Thoroughbred Racing Protective Bureau (TRPB) and spent almost a decade in management at Atlantic City Race Course in New Jersey and the 21 years as the executive director of the Delaware Thoroughbred Racing Commission.

He was a board member of the Association of Racing Commissioner's International, which honored him in 2003 with the Len Foote Award and the former chairman and a driving force with the Organization of Racing Investigators (ORI).

“The job of a racing investigator is a specialty involving knowledge not only of police procedures concerning interrogation and evidence gathering but also of horseracing, the backstretch, and the horses themselves,” said RCI Chair Tom Sage of Nebraska, a former longtime law enforcement officer and racing investigator and past chair of ORI.

Although this program will be initially conducted online, the ARCI is committed to working with the University of Louisville's Equine Industry Program and the University of Arizona's Racetrack Industry Program to hold future programs in person.

The participants in the program will receive certification upon successfully passing an examination on the material presented. The RCI suggests commissions and racetracks include a requirement for the present Racing Investigator Certificate as essential for employment.

The content for the program will concentrate on basic horsemanship skills, safety procedures in the barn or paddock areas, racing terminology, overview of officials and their duties, constructing a condition book and drawing for races, as well as what is included in preparing a horse to race. Equine care and medications, veterinary records, investigatory tools and techniques are also reviewed. In addition, their will be extensive coverage of interactions with other enforcement entities, evidence gathering and methods those attempting to avoid detection when violating medication testing procedures. The program will also focus on the sensitivity of medication testing and the process of how results are obtained and determined.

RCI President, Ed Martin, who previously served as the New York regulator responsible for some of racing's most notable investigations—Breeders' Cup Pick-6 Wagering Scandal, the NYRA Mutuel Department fraud conspiracy, OTB mismanagement, Yonkers Raceway drug search lockdown—noted that “proactive investigators will develop intelligence networks and not be hesitant to dig deep into any situation where things do not seem as they should.”

“There is a tremendous amount of expertise and experience that is required to do this job properly,” he said, noting the work of the NY Gaming Commission in its effective records audit investigation.

Initially expected to include 30-35 participants, the program already has exceeded expectations with more than three times the number of registrations than anticipated.

“The University of Louisville is excited for its collaborative work with the ARCI to bring this certification program to fruition,” said Sean Beirne, Director of the UofL Equine Industry Program. “It is an important aspect of our mission to educate the professionals in the horse racing industry, to build on their knowledge, and provide resources to enhance and develop the methodology to create standards for the execution of their duties.”

 

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Appeals Court Overturns Fipke’s 2017 BC Double Jockey Ruling

Nearly three years ago, the Johnny Velazquez-ridden Forever Unbridled (Unbridled’s Song) produced a performance in the $2-million GI Breeders’ Cup Distaff at Del Mar resounding enough to catapult her toward Champion Older Dirt Female honors at the subsequent Eclipse Awards.

The sweet taste of victory had been somewhat soured for owner Charles Fipke, however, due to a prior California Horse Racing Board (CHRB) stewards double jockey fee ruling which required him to pay Joel Rosario $100,000 as a result of the victory.

In the race entries, Rosario had been named Forever Unbridled’s intended rider. But because of what Fipke deemed a poor ride on one of his horses–among other issues with the jockey, according to court documents–Rosario was removed prior to the draw and Velazquez was named Forever Unbridled’s rider instead.

A Los Angeles County Superior Court judge upheld that ruling, but, on Monday, it was reversed in a 19-page California 2nd District Court of Appeals ruling.

“They exceeded their authority, even though they’ve been doing it for a long time,” said Darrell Vienna, who represented Fipke, of the CHRB stewards double jockey fee decision.

Vienna said that “scores” of prior double jockey fee rulings are usually for much less significant races, and typically result in a nominal fine of between $500 to $1,000.

“That’s why Mr. Fipke wanted to go forward,” said Vienna. “He wasn’t just fighting for himself, but he was trying to give the owners some understanding of what their obligations, and the limits of those obligations, were.”

As a result of the appeals court ruling, the CHRB is ordered to return those costs to Fipke, a noted diamond explorer.

CHRB spokesperson Mike Marten said that the board has no comment on the ruling.

In a nutshell, the case hinged around language in section 19500 of the CHRB rules, which delineates when jockeys are entitled to their riding fees and/or their mount fees if they’re removed from an intended ride.

“Although section 19500 grants CHRB considerable discretion to determine the circumstances under which a jockey removed from a mount is entitled to a riding fee, it imposes one implicit condition on the exercise of that discretion: the removal must occur after ‘scratch time,'” according to the appeals court decision, filed Monday.

“Had the Legislature not intended to impose such a condition, it could have provided a single direction to CHRB to establish the circumstances under which a jockey is entitled to receive a riding fee and/or a mount fee when removed from a mount,” the decision continued.

“The Legislature instead chose to direct CHRB to separately address situations where a jockey is removed before and after scratch time; only in the latter circumstance did it specify the jockey might be entitled to a riding fee. The clear implication of this decision is that the Legislature intended jockeys removed from their mounts prior to scratch time would not be entitled to riding fees.”

The CHRB argued that the statute is “irrelevant because it concerns jockey compensation, whereas here, the stewards awarded the double jockey fee as a penalty for Fipke’s misconduct,” according to the appeals court ruling.

During the prior superior court hearing, however, the CHRB had argued that the double jockey fee was “not a penalty” to punish Fipke, but rather an award to Rosario to “compensate him” for losing the mount.

“We agree with CHRB’s initial position, as do Rosario and Fipke. For the reasons we discuss below, the double jockey fee award was not a penalty,” Monday’s appeals court decision states.

In a text message Monday, Ron Anderson, Rosario’s agent, wrote that neither he nor Rosario had a comment about the decision.

In a press release Monday, attorney Carlo Fisco, who also represented Fipke, wrote: “The law appeared to be clearly and straightforwardly in Mr. Fipke’s favor. Therefore Mr. Fipke must be commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

In the release, Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that right.”

 

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Court Overturns CHRB Decision Awarding Rosario Double Jockey Fee In 2017 Breeders’ Cup Distaff

In a precedent-setting victory for horse owners' rights this Monday, the Court of Appeals overturned the California Horse Racing Board's 2017 decision to award $100,000 in double jockey fee to Joel Rosario.

The Court held that, under the conditions presented by this case, California statute prohibited the stewards from awarding a double jockey fee to Rosario, who was removed from the mount on owner/breeder Charles Fipke's mare, Forever Unbridled, prior to the draw of the 2017 Breeders' Cup Distaff.

The CHRB awarded a double jockey fee to Joel Rosario after owner Fipke decided to remove Rosario from the mount and replace him with jockey John Velazquez. Forever Unbridled subsequently won the 2017 race.

The appellate court ruled that Mr. Fipke engaged in conduct permitted by CHRB rules and that under the facts of this case, an award of a double jockey fee was precluded by California statute.

Fipke was represented by attorneys Darrell Vienna and Carlo Fisco.

“The law appeared to be clearly and straightforwardly in Mr. Fipke's favor.” said attorney Carlo Fisco. “Therefore Mr. Fipke must be
commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

Attorney Darrell Vienna added: “This decision which defines and clarifies the rights of horse owners has been a long time coming. Thanks to the patience and fortitude of Mr. Fipke in pursuing this matter, the rights of horse owners have been further defined and clarified.”

Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that
right.”

The CHRB was also ordered to pay appellant's costs as a result of the decision.

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Oaks Winner Shedaresthedevil Headed For Vacation, Will Return For Oaklawn Meet

Third against older fillies and mares in Sunday's Grade 1 Spinster at Keeneland, Kentucky Oaks winner Shedaresthedevil will now be given some time off, reports the Daily Racing Form. Trainer Brad Cox said the 3-year-old daughter of Daredevil will be rested ahead of a planned campaign at Oaklawn Park this winter.

“She went too fast, too early,” Cox said of the Spinster, in which Shedaresthedevil was defeated 3 1/4 lengths by Valiance after setting the pace. “She never got a breather. It was a lot to ask, bringing her back in four weeks.”

Cox confirmed that Shedaresthedevil will skip the Breeders' Cup, scheduled for Nov. 6-7 at Keeneland.

Read more at the Daily Racing Form.

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