Dec. 3 Insights

Sponsored by Alex Nichols Agency

WELL-BRED GHOSTZAPPER DEBUTS IN NY

2nd-AQU, $80K, Msw, 2yo, f, 1m, 12:20 p.m.

Joe Allen went to $400,000 at FTFMAR for GLAMOROUS DAYS (Ghostzapper) after a :21 4/5 breeze and she debuts here for Shug McGaughey. She is a daughter of dual Grade I winner Life At Ten (Malibu Moon). TJCIS PPs

 

BAUER UNVEILS PRICEY INTO MISCHIEF

7th-OP, $84K, Msw, 2yo, f, 6f, 4:19 p.m.

Rigney Racing's LITTLE MOMBO (Into Mischief) makes his career bow in this spot for trainer Phil Bauer. The $500,000 KEESEP purchase is out of SP Samiam (Dynaformer) and hails from the family of SW & GISP Economic Model (Flatter).

TJCIS PPs

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Fishman, Feds Spar Over Admissibility of Evidence

Seth Fishman and federal prosecutors are at odds over what types of evidence and expert testimony will be admissible in court when the veterinarian who allegedly made and sold purportedly performance-enhancing drugs (PEDs) goes on trial in early 2022.

In the form of dueling motions filed by each party Dec. 1 in  United States District Court (Southern District of New York), the two sides sparred over whether a jury should hear a wide range of evidence that involves what the government is alleging as Fishman “specifically target[ing] clients in the racehorse industry” by “peddling dozens of new drugs that purported to have performance-enhancing effects on racehorses [in a manner] squarely focused on ensuring that [he and his] customers would not get caught doing so.”

Some of what the prosecution wants admissible dates back at least a decade and involves Fishman being investigated in 2012 in Delaware when a Standardbred died after being injected with one of his prescribed products, plus separate PED-related admissions Fishman made in a different investigation that resulted in the prosecution of then-prominent Standardbred breeder David Brooks, who was convicted in 2013 in a $200 million fraud and obstruction of justice case.

The two sides also took umbrage at each other's choices of veterinary “experts” who have been submitted on witness lists to testify on the safety, efficacy, and clinical pharmacology of the drugs Fishman is alleged to have misbranded, adulterated, and conspired to distribute to other racetrack-based defendants in America and abroad.

Some of the motions made by both sides Wednesday that asked the court to exclude evidence relate to aspects of the case that have already been raised in previous court documents.

But one bizarre new offshoot that Fishman's legal team doesn't want brought up in front of a jury concerns a wiretapped phone conversation in which Fishman is allegedly asked by a camel-racing client in the United Arab Emirates (UAE) if he can also produce a “Viagra for ladies” that could be covertly added to a woman's drink.

The government is asserting that in February 2018, an individual identified only as “Bengawi” who purportedly worked for the UAE's Scientific Centers & Presidential Camel Department “solicited Seth Fishman to distribute PEDs, and to create and distribute [an aphrodisiac that] 'can be added in juice, for example.'”

Prosecutors wrote in a Nov. 17 court filing that, “In the course of these communications, the contact provided Seth Fishman with a video of what appeared to be an individual spiking a woman's unattended drink. In response, Seth Fishman offered to make 'BI-AGRA,' which he described as “Female Viagra so strong it makes the woman bisexual.”

The government's intent in wanting this exchange admissible appears to be rooted in establishing a pattern of what substances Fishman was able or willing to produce for clients.

The defense is objecting to the admissibility of those wiretapped sex-drug communications on the grounds that “the allegation that 'Bengawi' solicited the defendant to 'create and distribute illegal drugs' is a conclusion of law without any basis in fact…. It is unclear whether the defendant was responding in a humorous vein; or even taking the request seriously. There is no indication that the defendant subsequently shipped a substance intended for this use.'”

But even if the judge ends up disallowing that portion of evidence, the feds appear to be armed with a solid base of other wiretapped evidence to try and establish “Fishman's overall intent in his drug design–to avoid testability while increasing performance.”

One such intercepted conversation disclosed by the government in Wednesday's filing is a Mar. 31, 2019, call in which Fishman allegedly explains to a foreign potential client what his business strategy is at his Florida firm, Equestology:

“I design programs for people. So, if you're somebody who's got a bunch of endurance horses and you know what you are doing–and that's why I technically only work with trainers that have a certain amount of horses or more, because it would make sense to do it…I mostly work in regenerative peptides, and I work in things that are not commercially available.

“Every now and then people will ask me to make products because they want to go sell them to people who really don't know what's going on. Mostly camel guys that are in the desert. I don't have to tell you how it is, right?…But, I can meet with you [in Dubai]. You can explain to me your needs and wants and I can tell you how there's things that I made for other people that are not exclusive to them.

“If you want your own exclusive stuff, I'll tell you how we go about doing it. The reason I say that certain people want exclusivity is because, obviously, if these horses are being tested and they have something that somebody else has and that person is irresponsible, then it becomes a problem for them,” the government's motion stated.

When the judge does, in fact, rule on the admissibility questions, the crux of the decision might come down to which veterinarians will be allowed to testify and what they will be allowed to say in front of jurors.

The feds are objecting to Fishman's choice of Clara Fenger as a witness to opine on the nature of the pharmaceuticals he sold. She previously worked as a veterinarian with the Kentucky Horse Racing Commission for 15 years and is currently the sole proprietor of a Kentucky-based company called Equine Integrated Medicine.

Fenger's name might be familiar to racetrackers who have followed other drug-related cases. Her curriculum vita states she has provided “expert testimony” in no fewer than 19 international, federal, and state jurisdictions involving criminal, civil and administrative cases.

Recently, Fenger's work has included testifying on behalf of trainer Bob Baffert when his legal team overturned the 2020 lidocaine disqualifications of Charlatan and Gamine in Arkansas. Fenger also was hired by Baffert this past summer to escort the urine sample of GI Kentucky Derby winner Medina Spirit (Protonico) when it was sent to New York for additional betamethasone-related testing.

The prosecution's objection to Fenger is “because none of Dr. Fenger's opinions are admissible…insofar as they are unsupported and not based on facts, data, reliable

principles, or specialized knowledge, and because they concern issues that will serve only to sow confusion and distract the jury.”

In turn, Fishman's legal team is objecting to the three veterinarians the government wants to call as “experts”: Jean Bowman, veterinary medical officer in the Division of Surveillance for the Food and Drug Administration (FDA); Diana Link, a veterinary medical officer at the FDA Center for Veterinary Medicine, and Cynthia Cole, the Director of the Racing Laboratory at the University of Florida who was responsible for the regimen of drug testing at the Florida Department of Pari-Mutuel Wagering.

“First, the Court should preclude testimony suggesting that the purpose of the statutory scheme is to ensure the well-being of the racehorses,” Fishman's counsel wrote in a memorandum accompanying the Dec. 1 motions.

“Second, the Court should preclude evidence regarding the 'safety and efficacy' of those products allegedly manufactured and distributed by Dr. Fishman. The defendant is not charged in the instant Indictment with crimes relating to the manufacture or distribution of substances that are unsafe for use by animals…Opinion evidence regarding the 'safety and efficacy' of Dr. Fishman's products is, therefore, not relevant to the issues at trial.”

Fishman is charged with two felony counts. In a separate court order signed Dec. 2 by the judge in the case, it was noted that his case (along with co-defendant Lisa Giannelli) received the first back-up slot on the court calendar to begin a trial Jan. 19, 2022.

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Best Bets: Opening Weekend at Gulfstream and Oaklawn, Cigar Mile Pick

America’s Best Racing and handicapper (and avid gambler) Monique Vág team up to provide horseplayers with their best bets of the weekend. Vág will identify her top picks as well as at least one longshot play of the weekend, a nice opportunity to swing for the fences on a win bet or to take a shot with a show bet. She also will occasionally look for strong exacta plays for the weekend or try to spot a nice opportunity for other wagers. This Weekend’s Bets

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Value Sires for 2022, Part 1: New Stallions

Welcome to our annual winter survey of Kentucky stallion options–with the difference, this time round, that the emphasis will be far more strictly and succinctly on value.

Over the past couple of years, acknowledging of the brevity of commercial momentum for so many sires once losing their freshman luster, we've got into the habit of granting some attention (more or less courteous!) to just about every stallion in the Bluegrass. But such an exhaustive approach has doubtless proved still more exhausting for the reader than for the compiler.

So, we've resolved to cut to the chase: the most horse for your buck. We'll still be taking each intake in turn, starting here with the new recruits; and we'll briefly assess their overall state of play before making and attempting to justify our selections for the Value Podium. We'll also acknowledge one or two who got close–while omitting more than enough names for no damning inferences to be made…

Of course, it's a wholly subjective exercise. Different stallions fit different mares. Okay, so maybe I would be more inclined than some to try and breed a horse that can actually run, when for many people selling must be the pragmatic priority. But I do persist in the naïve belief that there should be nothing more commercial, in the medium term, than putting a few winners under your mare.

No apologies either, then, for reiterating the usual caveat that almost every new stallion will turn out to be standing at a career-high fee. For every rookie that eventually hits a home run, a dozen will end up packing their bags either for a regional program or overseas.

This observation tends to annoy some people, who complain that proven sires are beyond reach and that you have to try and get ahead of the curve with an untested commodity. But I just don't buy that, when so many affordable stallions are shunned despite showing a consistent ability to get runners. As it is, stallion farms have an ever-narrowing window to retrieve their investment before everyone moves onto the next turn of the carousel. It's not the way they'd choose; and nor are the breeders really to blame. We in the media are certainly complicit, but the real fault rests with those directing investment at ringside.

Regardless, the object of this exercise isn't to identify the prospect “most likely”. If you were doing that, you would plainly start with the blatantly credentialed Essential Quality (Tapit), the sensationally talented Charlatan (Speightstown) or the knockout physical Maxfield (Street Sense). But these are priced accordingly (at $75,000, $50,000 and $40,000) and we're trying to find fees that improve your odds.

True, value can be found at all levels of the market: sometimes the most expensive stallion may actually be more competitively priced than cheaper peers. And this does feel like a fairly ordinary intake, in terms of depth. But it's going to be hard for any rookie to advance his fee, when this is the one opportunity for stud accountants to bank on some demand. Still, we can but try.

Bubbling under: It's rare for an animal as accomplished as Knicks Go to go to stud at so restrained a fee. Whether access to the Horse of the Year elect for just $30,000 at TaylorMade will produce commercial dividends simply depends on how far the market acknowledges that.

 

 

Paynter puts him in a tricky place. On the one hand, Knicks Go can't pretend to be a son of Tapit, like Essential Quality. On the other, if he confirms his sire to be terrific value, then you can access the proven fount of his excellence even more inexpensively.

His first three dams, moreover, are by left-field names in Outflanker, Allens Prospect and Medaille d'Or. But these are respectively sons of Danzig (out of a half-sister to Weekend Surprise), Mr. Prospector and Secretariat. Given that Paynter's own mother represents a dynasty that unexpectedly evolved into royalty, it's not as though we are short of viable genetic explanations for Knicks Go.

Remember that his dam deployed stakes speed through four seasons–so anticipating her son's remarkable 2-1-1 Breeders' Cup record at ages two, four and five. The bottom line is that he's standing at a much lower fee than a couple that couldn't lay a glove on him, and nobody should be at all surprised to see him prove his elite caliber all over again.

A quick word for Modernist, a sufficiently respectable racehorse to deserve an opportunity to recycle some illustrious genes from Darby Dan at $10,000. Uncle Mo appears to be a precocious sire of sires, and the same adjective applies to the late Bernardini as a broodmare sire: Modernist is out of a Bernardini half-sister to Breeders' Cup winners Sweet Catomine and Life Is Sweet (both by Storm Cat). And I like an influence as robust as Kris S. behind both the second dam and Uncle Mo's mother, who is by his son Arch.

 

BRONZE:  TACITUS (Tapit–Close Hatches by First Defence)

TaylorMade Stallions $10,000

No doubt Tacitus lost quite a lot of friends in winning just one of his last 12 races. But that record definitely didn't do justice to the ability he had shown in winning his maiden, the GII Tampa Bay Derby (stakes record) and GII Wood Memorial on his way to making the Derby frame via a wide trip. Arguably he was again undone by race position when contriving to lose the GI Belmont S. to Sir Winston (Awesome Again), but he soon ran out of excuses in thereafter mustering only a romp against overmatched rivals in the GII Suburban S.

He did subsequently manage a creditable fourth in the GI Breeders' Cup Classic, but the hope that he might piece everything back together this time round backfired horribly when he surfaced only in October, to no great effect, after trying his luck in the desert in February.

But while there were clearly issues ultimately thwarting his fulfilment, Tacitus had shown authentic glimpses of class–sufficient, certainly, to be worth a second chance in his new career. Because none of the stallions in this intake can surpass his genetic package, and he has been priced to tempt even the wariest.

Obviously, he is by a champion stallion out of a champion mare. But the real excitement comes from the sheer depth of a family tree tracing, via a branch cultivated through three generations by Juddmonte, to one of the great modern matriarchs in fifth dam Best In Show (Traffic Judge). The dynasty has repeatedly flashed its continued vitality this year, while this particular branch has another young stallion starting out in Japan in Siskin. That Irish Classic winner shares his sire First Defence with the dam of Tacitus, five-time Grade I winner Close Hatches, along with her unhappily-named sister Lockdown (made the frame in the GI Kentucky Oaks). First Defence, incidentally, is by a son of Unbridled out of Seattle Slew mare–none other than Honest Lady, from Toussaud's brood of Grade I winners–while Tapit is by a grandson of Seattle Slew out of an Unbridled mare.

All in all, then, Tacitus has the kind of seamless pedigree that would have warranted a roll of the dice in, say, a top regional program even if he had never made it onto the track. As it is, he showed enough ability to bank $3.7 million. Conceivably, then, you're looking at a sire who could emulate Tapit himself by redeeming at stud a degree of underachievement on the racetrack.

 

 

SILVER: SILVER STATE (Hard Spun–Supreme by Empire Maker)

Claiborne $20,000

Who else could get the silver medal than a horse bearing this name? There's an instant, old-school resonance to a GI Met Mile winner standing at a farm like this, and Claiborne tend to give clients a very fair chance in pricing their new stallions.

It would clearly be edifying for Hard Spun, as our youngest connection to Danzig, to come up with one or two worthy heirs and Silver State developed a pretty eligible profile with maturity. Having only been pushing the margins of the Derby trail as a Fair Grounds sophomore, Hard Spun became an exemplary project for his barn, regrouping after a lay-off to run up a six-timer as he progressed through the grades. He tapered off thereafter, but he had established himself as a tough and classy miler who had put some Danzig pep into a page with plenty of stretch.

Arguably, in fact, he might have flourished from better opportunity to explore his stamina. Certainly, the seeding of his family entitles Silver State to sire Classic types: his graded stakes-placed dam is by Empire Maker; his granddam is a sister to Monarchos, their mother being by Dixieland Band; and the fourth dam is by the doughty influence Roberto out of a half-sister to the mother of Dynaformer.

Roberto recurs in Silver State's pedigree as sire of Hard Spun's granddam, and so flags up the key to why this horse can be a still better stallion than he was a racehorse. For he combines Darby Dan royalty top and bottom. That Roberto granddam was a half-sister to Little Current, which means she was in turn out of a half-sister to two other farm legends in Chateaugay and Primonetta.

I can only imagine that Darby Dan would have loved to welcome Silver State “home” to the farm that cultivated the families of both sire and dam. As it is, it feels apt enough that he retires to the farm that stood his grandsire Danzig. You can measure Silver State's physique by his $450,000 yearling tag, while he won a race that has historically announced many a stallion by making them run that sweeping Belmont mile round a single turn, on a single, speed-carrying gasp.

Pedigree, check. Physique, check. Performance, check. If that's not enough for you, good luck.

 

GOLD: KNOWN AGENDA (Curlin–Byrama (GB) by Byron {GB}) 

Spendthrift $10,000

There's been a lot of water under the bridge since, but it's definitely worth rowing back to the spring and remembering how unequivocally blinkers had confirmed Known Agenda's place among the sophomore elite. He would hardly be the first good horse to derail in the Triple Crown series–and the Derby definitely didn't set up for his strengths anyway–and fortunately he had shown the commercial sense to win what is nowadays treated as an almost automatic signpost to stallion stardom, the GI Florida Derby.

A trend like that should not be embraced too literally, of course, but in this case his success corroborated a breakout 11-length romp in blinkers on his previous start. His raw talent had never been in doubt, after the Aqueduct maiden in which he dragged Greatest Honour–to me, still the most flamboyant talent in the crop–21 lengths clear of a colt that subsequently proved his own graded-stakes caliber.

Known Agenda (Curlin) has a most attractive shape to his pedigree, combining a two-turn big hitter on the main track with first and second dams of mutually contrasting profile: respectively a Grade I winner by a sprinting grandson of Danzig, and a daughter of a Classic distaff influence in Europe, Darshaan (GB), himself a son of the copper-bottomed stamina tap Shirley Heights (GB). If the damsire is unfamiliar, Europeans will recall the speed he inherited from both parents; and his bloodlines are regal. There are seams of gold along Known Agenda's bottom line, too: it gave us the redoubtable European influence Pharly (Fr), for instance; the third dam beat an aggregate 59 rivals in winning three consecutive sprints as a juvenile; and among the strands of the indispensable Princequillo are both Round Table and his full sister.

Known Agenda did enough on the track to suggest that he was blending the best of both worlds: speed and stamina, dirt and turf. That, to me, is the foremost commodity we should be seeking in new blood.

He has reliably been priced to have every chance at Spendthrift. That clearly means you are unlikely to be offering the only Known Agenda, at any given sale, but if our priority is value, this is the guy in this intake best equipped to multiply his yield. While you might not always agree with the principles that drive the market, we know how it functions and a breeder can only put bread on the table by anticipating demand. Call it… knowing the agenda! He graduates from an exemplary program and, while there are more accomplished rookies available, they will have to work a lot harder to move up their fees from where they are starting.

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