Ex-Liverpool and England great Michael Owen is appointed as a member of the Jockey Club
Last week Owen, 42, announced his trainer Tom Dascombe was leaving, with a replacement to be announced in the new year.
Month: December 2021
Judge Modifies, But Does Not Revoke Fishman’s Bail Conditions
After federal prosecutors alleged that indicted Florida veterinarian Seth Fishman is still selling purportedly performance-enhancing drugs (PEDs) while awaiting trial in the international racehorse doping conspiracy case, the judge in the case Wednesday ordered new bail modification conditions after hearing both sides of the issue at a Monday hearing that could have–but didn't–result in Fishman's bail being revoked.
Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) wrote in a Dec. 22 order that the following added terms shall apply to Fishman's pretrial release:
“The defendant shall surrender all drugs and/or substances now stored at [the address for his Boca Raton business] to an agent of the Federal Bureau of Investigation, the Food and Drug Administration, or the designee of either the FBI or the FDA, within two weeks of Dec. 20. At all times prior to the surrender of the drugs or substances … the defendant, his agents, and any employees of any business controlled by the defendant shall refrain from entering the [Boca Raton business]. For the duration of the period of his pretrial release, the defendant, and all entities that he controls, shall refrain from the manufacture and/or distribution of any drug or substance, and from the administration of any drug or substance, apart from the drugs and substances that the defendant may administer to himself in the course of self-treatment for his own medical conditions.”
Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government. His trail is tentatively expected to begin in January.
On Dec. 6, federal prosecutors asked the judge overseeing the case to consider revoking the bail terms of Fishman's pretrial release. The basis for that request was that an employee of Fishman's had informed the government that Fishman was still allegedly creating pharmaceuticals for foreign distribution, and an FBI search of Fishman's business permitted by that employee allegedly turned up some of the same drugs that had formed the basis of Fishman's originally charged offenses.
One week later, Fishman's legal team denied the charges while alleging that the move by the feds to get Fishman's bail revoked was a ploy to undermine his legal preparation for the upcoming trial.
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Two Weeks From Crucial Hearing, NYRA Adds to Arguments Against Baffert
The New York Racing Association (NYRA) Wednesday added to an already daunting compilation of court documentation filed by both parties in an attempt to bolster its arguments in advance of a Jan. 6 “motion to dismiss” hearing in Bob Baffert's civil rights lawsuit against NYRA.
The purpose of the Dec. 22 reply memorandum was to give NYRA “the opportunity to briefly address new arguments raised by Plaintiff in his opposition brief” and to confirm NYRA's position in relation to Baffert's civil action claim.
“First, Plaintiff fails to articulate an actionable 'substantive due process' claim,” the filing in United States District Court (Eastern District of New York) stated. “Instead, Plaintiff's Response simply repeats his procedural due process allegations and fails to point to any facts showing that NYRA's actions in connection with the Administrative Proceeding are 'arbitrary, conscience-shocking, or oppressive in a constitutional sense…'
“Second, Plaintiff's argument that he is not required to exhaust administrative remedies is foreclosed by controlling precedent. The Second Circuit has held that, although most [Section] 1983 [civil rights] plaintiffs are not subject to an exhaustion requirement, that rule 'does not apply to procedural due process challenges if the plaintiff failed to avail himself of the very administrative procedures he attacks as inadequate'…
“Third, like other disciplinary proceedings brought against licensees, the Administrative Proceeding is clearly a civil enforcement proceeding requiring Younger abstention [a doctrine that mandates federal courts must not hear cases involving federal issues already being litigated at the state level]… Moreover, contrary to Plaintiff's argument, the Court has already recognized that the state interests implicated here are 'weighty' and 'important.'”
“Finally, Plaintiff's argument that his claim implicates 'pure questions of law' misses the mark. Plaintiff has raised these same legal issues in the Administrative Proceeding, and upon its completion, Plaintiff may seek judicial review in New York State court… Plaintiff's claim stretches beyond pure legal questions–Plaintiff has made the factual allegation that the Administrative Proceeding is a 'fait accompli.'”
NYRA had barred Baffert back on May 17, which was 16 days after the now-deceased Medina Spirit won the GI Kentucky Derby while testing positive for an overage of betamethasone. In the 12 months prior to that positive, four other Baffert trainees had also tested positive for medication overages, two of them in Grade I stakes.
Baffert responded to NYRA's ruling-off by filing a June 14 civil complaint alleging that the ban violated his constitutional right to due process. On July 14, the eve of the Saratoga season, the court granted Baffert a preliminary injunction that allowed him to race at New York's premier tracks until the lawsuit was adjudicated in full.
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