Court Orders Gargan To Pay $132K After Alleged Labor Laws Violations

A federal court has ruled that New York-based trainer Danny Gargan must pay $132,631 in back wages and damages to 52 employees. According to a press release issued by the U.S. Department of Labor, Gargan failed to pay his workers overtime wages they had earned.

The fine includes an assessment of $37,368 in civil money penalties for what the Department of Labor is calling a “willful wage theft and for falsifying records in violation of the Fair Labor Standards Act.”

“The defendants took advantage of their employees by underpaying them and then tried to hide this illegal behavior by falsifying their payroll records,” Wage and Hour Division District Director David An said in a statement. “Gargan Stables Corp. and Danny Gargan have learned that disregard for federal labor laws and their employees' rights have costly consequences. We suggest other employers review their own pay practices to prevent violations. The Wage and Hour Division has many tools to assist employers and workers in understanding the law.”

Gargan is just one of many New York trainers fined by the Department of Labor for similar violations. The list includes Chad Brown, Kiaran McLaughlin, Linda Rice, Jimmy Jerkens, Steve Asmussen, Leo O'Brien and George Weaver.

Gargan said he decided to settle with the Labor Department after years of contesting the charges.

“You can't fight them and I fought them for three years and that's why they are mad at me,” he said. “Obviously, I'm not the first guy this has happened to. At some point, you have to settle with them. It weighs on you. Kiaran McLaughlin retired over this. It's a hard thing to be part of.”

The Department of Labor charged that Gargan paid certain employees a fee per horse handled and not per hour as stated in their payroll records. The division also determined that he falsified payroll records to give the appearance that employees were paid by the hour when they were not.

Gargan said the latter charge was not true and that the problem boiled down to his failure to use a time clock.

“We didn't falsify anything,” he said. “We just had time sheets. That's the way we were told to do it. It turns out you have to have an actual time clock. It's not like we lied or anything. They got their overtime. But they don't accept the time sheets and anyone who doesn't have a time clock in New York is going to get a big fine. Believe me, I pay my help.”

As per the court's ruling, Gargan will be required to hire a compliance monitor to review payroll and record keeping practices and to install an electric timekeeping system to record the amount of hours an employee has worked. He must also train employees in a language they will understand about the proper use of the timekeeping system and post and provide employees with information and documents in English and Spanish informing them of their rights under the Fair Labor Standards Act.

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First Trial In Federal Drug Misbranding Case To Begin Jan. 19

The first trial in the well-publicized federal drug adulteration and misbranding case that focused on doping in horse racing will begin Jan. 19 in New York. Veterinarian Dr. Seth Fishman and Lisa Giannelli will be the first two defendants from the case announced in March 2020 to go to trial. A number of co-defendants, including high-profile former trainer Jorge Navarro, have entered guilty pleas and been sentenced for their role in making, distributing, or using adulterated or misbranded drugs on racehorses.

The remaining co-defendants have been broken down into three groups that will be tried together. Fishman and Giannelli are the first, while Dr. Rebecca Linke and Rick Dane Jr., are in the second, which could start in March. (Linke has already made a deal to defer prosecution.) No date has been set for the third trial grouping, which includes trainers Jason Servis and MIchael Tannuzzo, as well as Drs. Alexander Chan and Erica Garcia.

Fishman, who was trained as a veterinarian, has been accused of concocting performance-enhancing drug combinations he marketed to clients on the premise they would not test. Intercepted communications between Fishman and others revealed that he claimed he made different drug cocktails for each trainer who bought his products, so that if new drug tests detected one substance, his other clients would still be protected.

Giannelli worked for Fishman, though she disputes her role was more as a courier than a sales representative, as alleged by the prosecution.

A recent release of evidence against Fishman in court documents claims his products were implicated in a 2011 case of a horse who died after receiving an injection. It also raised questions about a connection between Fishman and his products and an official in the United Arab Emirates government connected with camels. Read more about that evidence in this story from Dec. 22, 2021.

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Amplify Horse Racing Reopens 2022 Mentorship Program For Young Adults

Amplify Horse Racing, a 501(c)(3) nonprofit promoting education and careers in the Thoroughbred industry to youth and young adults, has reopened their 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 to 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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A Sire Waging War on Two Fronts

Call it the Japan factor. We've already seen it creating opportunities for breeders, after all, with Hard Spun–a still more direct conduit of Danzig blood, and arguably underpriced ever since his relaunch in Kentucky after a sojourn in Hokkaido. The Factor, however, is four years further behind in that process, and right now finds himself at an intriguing crossroads in his rehabilitation.

Having spent 2018 at Shizunai Stallion Station, the son of War Front had no American juveniles last year and will accordingly have no sophomore representation in 2022. That will obviously make it harder for the Lane's End stallion to generate the kind of domestic headlines required to arrest the attention of breeders. But there are two things that should help keep him in the game during a period when he might otherwise be expected only to tread water.

One is that his resumé, to this point, entitles The Factor to rely to an exceptional degree on his residual American stock, pending the (imminent) emergence of his first runners conceived after his return from Japan. The gray has a really striking record with mature horses–with the evergreen 8-year-old Bound for Nowhere, indeed, still flying the flag for his sire's very first crop after winning the GII Shakertown S. at Keeneland last year.

And that's useful context for the other stimulus to The Factor's cause, which might be harder for his promoters to keep in the foreground but certainly deserves an airing: the yield he has already achieved with his single Japanese crop, despite their deployment in a fashion dramatically different to that evolved, with their growing understanding of his stock, by American horsemen.

Technically eligible as a first-season sire in the Japanese rankings, The Factor had 19 juvenile winners in 2021, placing him fifth in the rookies' table. This tally was achieved from as many as 74 starters, albeit that was actually fewer than had represented any of the four above him. (The top two, indeed, gunned no fewer than 92 and 94 starters respectively!) The previous year, in contrast, American trainers had started less than half as many juveniles (34) by The Factor, and had pushed only half a dozen of those early enough, and hard enough, to win.

On the face of it, then, Japanese trainers appear to have fallen prey to pretty much the same misapprehension that contributed to an up-and-down start to this horse's home career.

Back in 2015, The Factor created such a buzz with his first yearlings into the ring–averaging a spectacular $143,499 off a $15,000 cover–that he was afforded the unusual distinction of a fee hike (to $25,000) before he had even launched his first runners. Somehow the market had decided that he would produce a stream of precocious youngsters, even though he had himself only made his debut on Nov. 28 (and broken his maiden a month later). To be fair, he was a sufficiently natural runner to promptly make all in both the GII San Vicente S. and GII Rebel S., before derailing from the Triple Crown trail and reverting to sprinting for his two Grade I wins.

In the event, with many immature yearlings having been put through the pinhooking ringer, The Factor had to settle for fifth in the 2016 freshmen's championship; and for 10th by winners, with 14 from 53 starters. (Albeit these included GI Chandelier S. winner Noted and Quoted.) Gradually, however, people figured out that he would reward a more patient approach. As his stock matured, so did The Factor's standing. He finished runner-up for the second-crop title; and by 2019, the year he had returned to Kentucky, he was bossing the fourth-crop table across all indices: 167 winners of $10.1 million, including 13 stakes winners/29 stakes performers. (The same year Union Rags and Maclean's Music, who have emerged from the same intake to command consistently higher fees, couldn't match those numbers even if combined together.)

There was a perfect snapshot of The Factor's developing profile that year when the 5-year-old Cistron, who had actually contributed a juvenile maiden win to his sire's freshman tally, crowned his ongoing improvement with success in the GI Bing Crosby S. By the end of the campaign, moreover, only Into Mischief and Kitten's Joy beat the 167 winners accumulated by The Factor.

The die was now cast. In 2020, The Factor missed making the top 10 living Kentucky stallions by a few cents; and while he proved a little lighter at the top end in 2021, by volume of winners he was beaten this time only by Into Mischief and Munnings. These are quite remarkable accomplishments for a stallion standing at $17,500.

Unlike so many of his commercially esteemed rivals, moreover, The Factor's output is not the result of enormous books. Its bedrock is–well, the second syllable of that word: Rock. Or substance, soundness, constitution. Not one of his Kentucky rivals can match his ability to get a named foal onto the racetrack, with a lifetime clip currently topping 88%. More Than Ready and the Airdrie stalwart Include get closest, at 85%, but there are some pretty expensive stallions bumping along in the low 70s. (The Factor gets fairly close to some of those even by his ratio of winners to named foals, touching 63%.)

The Factor's leading performer in 2021 was Charmaine's Mia, who won three graded stakes and placed in the GI Breeders' Cup Turf Sprint. Here, sure enough, was another showing striking improvement in her fourth campaign, having started out at two winning a maiden claimer. By now, then, we should all know what to expect of a sire entering his prime at 14. If his Japanese stock have been more aggressively campaigned in their youth, then it can only be auspicious that they have responded as well as they have. Because, with such hardiness on their side, they will surely keep building like their American kin.

“It was the classic case of a horse looking like he was going to be a big 2-year-old sire,” says Bill Farish of Lane's End, invited to reflect on The Factor's evolving profile here. “The hype was amazing, and very hard to live up to. He's done very well to be so successful after people had to readjust their sights, because I think he was really penalized that first year, when so many of them went to the 2-year-old sales. They just weren't ready for that kind of grind. I remember talking to [partner] George Bolton at the time, saying that [The Factor's sales debut] was kind of a mixed blessing because if they don't really thrive in that environment, it would hurt his numbers. And it did. But they came through anyway, because they're just so sound.”

Sending The Factor to Japan was a calculated risk. No doubt there were sound economic reasons for doing so, especially at a time when the domestic market was reappraising its initial assumptions. At the same time, the horse's migration locked a blip into his future momentum, one that perhaps contributed to a rather quieter yield at the yearling sales this time round. Farish duly urges breeders to consider the bigger picture, and anticipate the potential gains in The Factor's stature by the time foals conceived this spring come onto the market.

“Luckily, he's had 366 mares since he returned, so he's got quite a pipeline coming from the last three seasons,” he said. “That's important because it can take a while to recover from taking even one year off, and we know his production on the track will be down some this year. But I think he's the kind of exceptional horse that can pull it off. He's proven to be so consistent, and we're excited about bringing him back on track.

“Hopefully everyone will see what an impressive start his Japanese foals have made. It's hard to follow all the form over there, but I know they were quite happy with the book of mares they got [166] and they're certainly pleased with the results. Making the top five first-season sires over there is very impressive.”

Having shuttled three times to the Southern Hemisphere, and with top-class form on synthetics as well as dirt, The Factor is eligible to prove a significant international influence. After all, he comes from the first crop of one such, War Front, who was himself among the last sons of a still greater one, in Danzig.

Moreover The Factor offers modern breeders parallel compression of access to a damsire, shared with Galileo (Ire) and company, as internationally important as Miswaki.

“But while he does get turf horses, too, I think 17 of his 19 winners in Japan have been on the dirt,” Farish stressed. “I don't know if they've been targeting dirt races primarily, to start out, but they certainly handle it well.”

Bottom line is that his trademark resilience should allow The Factor not only to build on his prolific start in Japan, but to bridge the gap his migration will temporarily create in his domestic footprint.

“He does get 2-year-olds, but they stay around too,” Farish said. “It's just amazing, if you go down the list of his top performers, and see how many of them are four, five, six, even seven years old. It's not just one or two cases. All his top runners have kept right on going, to a degree I've really never seen. He gets sound horses–and that's half the battle, isn't it? They go on forever.

“All those [sire] lists are so useful, because people do tend to forget about stallions just below the top tier and they can see just how consistent he has been. With those percentages for starters and winners, he gives you a really good chance. The Factor is the definition of a value sire.”

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