January, 2022 | Horse Racing Free Tips

Report: Baffert Threatens to Sue Churchill Over Derby Ban

According to a report in the New York Times, Bob Baffert has threatened to sue Churchill Downs and its CEO Bill Carstanjen if the track does not lift a two-year ban that will keep the trainer from competing in the 2022 and 2023 runnings of the GI Kentucky Derby.

The ban was put into place after Medina Spirit (Protonico) tested positive for the substance betamethasone following his win in last year's Derby. In addition, Churchill is not awarding any points to Baffert-trained horses who compete in preps for the Derby and the GI Kentucky Oaks. Baffert trains Corniche (Quality Road) who will be named 2021 2-year-old champion, and is the early favorite for the Derby.

The news broke at about the same time that a tweet from the Churchill Downs public relations department was posted that read: “CDI is committed to protecting the integrity and future of the racing industry–for the horses, our fans, our partners, our team members and the betting public. No one is above the rules, including Mr. Baffert, and we remain intent on holding him accountable for his actions.”

The Times acquired a complaint in which Baffert contends that his due process rights were violated by the ban and that his exclusion from Churchill Downs and the Derby is unlawful. According to the Times, Baffert is seeking a preliminary injunction that will allow him to race at Churchill and other tracks owned by Churchill Downs and end the practice of denying his horses qualifying points for the Derby and Oaks. Baffert is also seeking millions of dollars in compensatory and punitive damages.

Generally, the courts have upheld the rights of privately owned racetracks to ban participants when the track determines their participation is not in the best business interests of that racetrack.

Baffert's motion has yet to be filed.

Carstanjen told the Times that Baffert's threatened case was “completely meritless” and that on Apr. 7, 2021, Baffert signed an agreement–as the track requires all horse trainers to do–that he would follow its conduct and medication rules.

“This threatened lawsuit is yet another tactic from Mr. Baffert's well-worn playbook of obfuscating the facts, inventing excuses to explain positive drug tests and attempting to blame others to avoid responsibility for his own actions,” Carstanjen told the Times. “We are considering any and all legal options available to us to set the record straight and ensure Mr. Baffert is held accountable for all the reputational damage he has caused us. The irony is not lost on us that despite all of his violations, he is the one threatening to file lawsuits claiming to be aggrieved.”

Carstanjen did not rule out countersuing Baffert.

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Fishman Adds Lawyer Known for Defending Controversial Clients

An attorney who has been in the headlines for defending high-profile clients such as the convicted pedophile Jeffrey Epstein, the convicted NXIVM “sex cult” leader Keith Raniere, and the convicted Mexican drug lord and murderer Joaquin “El Chapo” Guzman Loera on Monday got added to the legal team for Seth Fishman, the indicted Florida veterinarian whose trial in the nationwide racehorse doping conspiracy case begins Jan. 19.

The New York-based lawyer Marc Fernich, who has extensive experience defending clients in the United States District Court (Southern District of New York) venue where Fishman's trial will commence, announced his appearance as co-counsel with a Jan. 10 filing in that court.

Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government.

Last month, Fishman was called before Judge Mary Kay Vyskocil to answer allegations made by prosecutors that he was still selling purportedly performance-enhancing drugs (PEDs) even as he prepared to face a trial related to the sale of many of those same substances. At a bail revocation hearing, Fishman was ordered to surrender all of the substances stored at his Boca Raton business, but the judge stopped short of revoking his pre-trial release privileges.

Fernich, according to the bio on his firm's website, specializes in the study of legal precedents in intense regulatory environments. This expertise “enables Fernich to construct subtle, novel and creative arguments that other attorneys may miss” and it centers on “sophisticated appeals and legal motions that can toss charges at the trial level or pave the way for future appeals.”

Lisa Giannelli, whom the feds allege ran an online sales business called Equestology that was closely related to Fishman's venture, will also go on trial at the same time as Fishman.

Six of 27 defendants named in the original indictment have now been sentenced after pleading guilty to charges in the federal government's prosecution of an alleged “corrupt scheme” to manufacture, mislabel, rebrand, distribute, and administer PEDs to racehorses all across America and in international races.

Giannelli and Fishman will be the first to push their cases to a trial. The indicted former trainer Jason Servis, the highest-profile of the remaining defendants, is in a third trial grouping that does not yet have an assigned court date.

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Volatile Sires First Foal

Brilliant GISW Volatile (Violence–Melody Lady, by Unbridled's Song) has sired his first foal, a filly, born at Mallory Farm. Bred by Torie Gladwell out of the winning mare Jeweled (Sidney's Candy), the chestnut hails from the female family of GI Kentucky Oaks heroine Summerly. “We sold her dam, who was drop dead gorgeous, to Bob Baffert as a yearling,” said Gladwell, also of Top Line Sales. “We were fortunate enough to be able to get her back. The filly has the same qualities as the mare, great looking, well balanced, full of substance, with a ton of class. We couldn't be more delighted.” Volatile stands at Three Chimneys, where he will command a fee of $15,000 LFSN in 2022.

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Amplify Reopens Mentorship Program Application

Edited Press Release

Amplify Horse Racing, a 501(c)(3) nonprofit promoting education and careers in the Thoroughbred industry to youth and young adults, has reopened its mentorship program application for 2022. The program formalizes the process of pairing young adults interested in pursuing a Thoroughbred industry career, with experienced industry professionals who can offer guidance.

The initial pilot program, launched in 2021, matched 12 individuals from eight different states with industry mentors. The pairs worked together for three months to develop their knowledge of the Thoroughbred industry, and create an educational plan that included tailoring resumes to be applicable to the industry, shadowing mentors at industry events, and applying for jobs and training programs.

Nearly all mentees from 2021 have since taken steps toward pursuing a career in the industry by enrolling in college equine programs, being hired for industry internships and jobs, or targeting vet school.

The objectives of the program are:

Improve accessibility of the Thoroughbred industry
Develop newcomers' understanding of the industry by leveraging the passion, knowledge and experience of industry professionals
Facilitate meaningful conversations between young adults and industry professionals about employment expectations
Create a pathway to employment by connecting education and workforce

Mentee candidates should demonstrate a strong interest to learn and desire to work in the Thoroughbred industry. The suggested age range is 18-25, and there are no restrictions based on academic achievement. Amplify prioritizes applicants with little to no industry work experience, and they must be residents of the United States or Canada. The 2022 program application timeline is Jan. 10 through Aug. 12, and the program duration for each mentor-mentee pair is three months, as determined by acceptance and start date. Eligible mentors can apply at any time.

Amplify Horse Racing is driven by Annise Montplaisir, the organization's Co-Founder and President, and Equine Education Coordinator for the Kentucky Equine Education Project (KEEP) Foundation.

“I am pumped for Amplify Horse Racing to resume offering this mentorship program,” said Montplaisir. “It is an amazing inlet for young adults to take their first steps into the industry with the guidance of someone who has already navigated that path. Additionally, it's a great way for industry employers to positively educate about the sport, the jobs that are in high demand, and the best way to prepare for a career.”

“The Amplify Mentorship Program is a fantastic way for students with an interest in exploring careers in the Thoroughbred industry to make connections and develop a professional network,” said Jen Roytz, who served as a mentor in 2021. “Amplify does a fantastic job of laying out a framework for the mentors and mentees to follow, allowing students to gain an appreciation for the array of career opportunities that may be complementary to their college major, work experience, strengths and interests.”

“The Amplify Horse Racing Mentorship is an amazing way to make connections and network within the industry,” said Trisha Smith, a 2021 mentee. “I do not come from an industry background, and feel that programs like this are crucial to help new people get into the sport. Everyone I met as a result of the program was so helpful during my job search. [Program coordinator] Annise Montplaisir was very supportive throughout the program, and because of various job posts she sent me, I am now living my dream and working in the Thoroughbred industry.”

To learn more about the program and apply today, visit amplifyhorseracing.org/mentorship, and contact info@amplifyhorseracing.org for more information.

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