Horse Racing Free Tips

Weekly Rulings: December 19-25

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last week, trainer Bonnie Lucas was suspended seven days after a post-race Xylazine positive in a sample taken from Tankinator, who was injured and vanned off in a race at Parx Racing on Nov. 7. Xylazine is a Class B controlled medication under HISA that can be used to sedate racehorses.

It remains unclear whether Tankinator was euthanized as a result of his injuries sustained that day.

The 5-year-old gelding was having his first race for Lucas, having been claimed out of the Webster Gayle barn on Oct. 21. In a post-race sample taken Oct. 21, Tankinator tested positive for the corticosteroid Dexamethasone, a controlled medication commonly used as an anti-inflammatory.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Sugar Fish. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Treated as 1 violation with Sugar Fish under 09/08/23 HISA Guidance. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Barristan the Bold. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Roseinthesky, who finished second at Finger Lakes on 11/8/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/07/2023
Licensee: Bonnie Lucas, trainer
Penalty: 7-day period of Ineligibility, beginning on December 27, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Xylazine—Controlled Medication (Class B)—in a sample taken from Tankinator, who was pulled up and vanned off in a race at Parx Racing on 11/7/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023
Licensee: Terry Eoff, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Methocarbomal—Controlled Medications (Class C)—in a sample taken from Kentucky Dawn, who finished second at Remington Park on 9/28/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 12/08/2023
Licensee: Victor Barboza, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Long Range Toddy. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/30/2023
Licensee: Robert Fiesman, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Little Four, who was euthanized after breaking down in a race at Mahoning Valley on 10/30/23, according to Equibase. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/06/2023
Licensee: Luis Mendez, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Big Celebration, who finished third at Santa Anita on 10/6/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Mahoning Valley
Erik Barbaran – violation date Dec 19; $250 fine, eight-day suspension, no further details of ruling

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.
The following was taken from the ARCI's “recent rulings” webpage, which isn't always updated contemporaneously.

FLORIDA
Track: Gulfstream Park
Date: 12/6/2023
Licensee: Alexis Camano, trainer
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2022-051619 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. – LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Aubrey Maragh, trainer
Penalty: 15-day suspension, $1.500 fine
Violation: Medication violation
Explainer: FINAL ORDER 2023-003854 – F.S. 550.2415 VIOLATION = 5 HYDROXYDANTROLENE. “MODAZZLE” $1500 FINE, 15 DAY SUSPENSION – DATES TO BE DETERMINED BY STEWARDS, AND RETURN OF PURSE IMPOSED

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Andry G. Blanco, owner
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2023-046372 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

The post Weekly Rulings: December 19-25 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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At 2 1/2-Year Mark, Bettors-Vs.-Baffert Lawsuit on Cusp of Getting Booted Back to Original Court

The New Jersey-based lawsuit in which a group of bettors are alleging they were cheated out of their property by Bob Baffert when his betamethasone-positive trainee, Medina Spirit, crossed the finish wire first in the 2021 GI Kentucky Derby and purportedly prevented the plaintiffs from cashing winning tickets on the runner-up is on the cusp of being transferred back to a federal court in California where it was first initiated 2 1/2 years ago.

In a Dec. 22 filing in United States District Court (District of New Jersey), the judge in the case ordered both sides to file letters by Jan. 15 “if either party wishes to explain why this case should NOT be transferred back to the Central District of California.”

The judge explained his rationale: “This case relates entirely, or all-but-entirely, to alleged events at a 2021 horse race in Kentucky,” the judge wrote. “And this case was originally filed by the Plaintiffs in the Central District of California, before the Plaintiffs voluntarily dismissed their claims and re-filed them here. This is a case, in short, that has little, if anything, to do with New Jersey.”

The original version of the suit, led by Michael Beychok, the winner of the 2012 National Horseplayers Championship, was filed in California four days after Baffert's May 9, 2021, disclosure that Medina Spirit had tested positive for betamethasone after winning the May 1 Derby.

It wasn't until Aug. 22, 2023, that the Kentucky Horse Racing Commission's disqualification of Medina Spirit from the 2021 Derby–which also affirmed the elevation of runner-up Mandaloun as the official winner–was sustained after a long administrative appeals process.

Baffert, plus his incorporated racing stable, were named as the defendants back in 2021, and the plaintiffs' California-filed version of the suit made it a point to note that “Venue is also proper for these claims in this Court because Defendants reside and transact their affairs and conduct business in the State of California and, specifically, through this District.”

The more than 30 class members of that suit chose the Racketeer Influenced and Corrupt Organizations Act (RICO) Act as a tool to try and collect damages. In addition, they sought an order from the judge stating that Baffert must divest himself from the sport.

RICO is a sweeping 1970 federal statute initially designed to combat the Mafia. But in a legal sense, it has long since lost its “organized crime” stigma. RICO today is rarely used to go after stereotypical “godfather” figures. Instead, RICO has evolved as a civil litigation component, and is most often asserted by purported victims of white-collar crimes, such as mail and wire fraud.

Two months after its initial filing, the class-action complaint was withdrawn from the California federal court on July 22, 2021. One day later, an amended version of it resurfaced in New Jersey.

The New Jersey complaint from July 23, 2021, alleged that, “[Baffert's] multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby, constituted racketeering activity.”

In subsequent court documents, the plaintiffs explained why they believed New Jersey should now be the proper venue. They cited a legal precedent that involved a case in which the act of simulcasting a race into New Jersey from another state “permits the Court to exercise personal jurisdiction over it.”

The plaintiffs also alleged that Baffert's purported doping fraud included his occasional starts at Monmouth Park.

But as far back as September 2021, when Baffert first moved for dismissal of this lawsuit, his court filing termed that switch from California to New Jersey “blatant forum shopping” because the new venue has “no meaningful connection to the allegations raised in their Complaint.”

The term “forum shopping” refers to the practice of litigants angling to get their case heard in the court thought most likely to result in a winning outcome. It is not illegal or unethical to forum shop, but judges can and do let parties know if they believe lawyers are stretching legal boundaries by trying to get their cases heard in venues that are most favorable to them.

Another Baffert filing, on Jan. 12, 2022, again alleged that the plaintiffs were off base in attempting to litigate the matter in New Jersey.

“The law is clear that there must be case-specific contacts with the forum state…” that filing stated. “Even if one were to accept Plaintiffs' tinfoil conspiratorial premise that Baffert engaged in a nationwide racketeering scheme to defraud individuals he never met, Plaintiffs would still have to establish that at least some of the alleged illicit conduct actually occurred in New Jersey. They have utterly failed to do so. This matter has zero connection to New Jersey and it must be dismissed.”

Earlier this year, a federal judge in Kentucky dismissed a similar (but entirely separate) class-action lawsuit initiated against Baffert by a group of horseplayers who alleged negligence, breach of contract, and unjust enrichment because their losing pari-mutuel bets on the 2021 Derby also weren't honored as winners.

Baffert's attorney in the New Jersey case, W. Craig Robertson III, made sure the judge in New Jersey was aware of that Kentucky dismissal when considering the motion to dismiss, which is still active and has yet to be ruled upon.

“Identical to this case, the [federal complaint in Kentucky] was commenced by a purported class of aggrieved gamblers against [Baffert] asserting claims connected to pari-mutuel payouts from the 2021 Kentucky Derby,” Robertson wrote in a July 26, 2023, letter to the U. S. District Court of New Jersey.

“The Western District of Kentucky dismissed those claims as a matter of law,” Robertson continued. “Specifically, the Court held that Kentucky's Rules of Racing govern all bets placed on the Kentucky Derby and because the Rules are clear that all payouts are final based on official race-day results, aggrieved gamblers have no injury at law and no viable cause of action even if race results are later altered.

“Similarly here, [Baffert seeks] dismissal of the case before Your Honor due to a lack of cognizable injury, whether under the RICO statute or otherwise,” Baffert's attorney wrote.

Counsel for the plaintiffs responded with their own letter to the judge Aug. 7, writing that the Kentucky decision “has no relevance or merit to the present matter” and that the “causes of action brought by the present Plaintiffs in this action are separate, distinct, and dissimilar from the claims brought by separate parties” in the dismissed Kentucky lawsuit.

The post At 2 1/2-Year Mark, Bettors-Vs.-Baffert Lawsuit on Cusp of Getting Booted Back to Original Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Ushba Tesoro No Sure Thing In Daishoten Defence

While the final of the roughly two dozen Group 1 races on the Japan Racing Association was scheduled for Thursday, the Tokyo Daishoten–the only recognized international Group 1 event and pattern race of any variety on the National Association of Racing circuit–takes place Friday afternoon at Ohi Racecourse in the Japanese capital.

Under normal circumstances, the discussion of the 2000-metre dirt affair would begin and end with Ushba Tesoro (Jpn) (Orfevre {Jpn}), whose victory here 12 months ago catapulted him to future success on the world stage in the G1 Dubai World Cup. Set for a start in the GI Breeders' Cup Classic almost before he even got his picture taken at Meydan, the 6-year-old impressed in his local prep prior to departing for America in late September. He certainly didn't run a poor race at Santa Anita, as he was left entirely too much to do and wound up fifth behind White Abarrio (Race Day). It's just 55 days since a trip to the States and back again, not to mention a race in between, and he could be vulnerable.

That theory might ring true no matter the competition, but Mick Fire (Jpn) (Sinister Minister) will present a stiff challenge in a race that could very well propel him to overseas targets. The 3-year-old colt is unbeaten and–really–unchallenged in seven career starts to date, all on the NAR. All but one of those starts have come at Ohi, including the Listed Japan Dirt Derby back in July, and he prepped for this with a defeat of 2023 GI Santa Anita Derby runner-up Mandarin Hero (Jpn) (Shanghai Bobby) in the Derby Grand Prix (allowance) over the course and distance Oct. 1.

While dual Group 1 winner Lemon Pop (Lemon Drop Kid) swerves this event in favour of potential appearances in the Middle East over the coming months, those that finished immediately behind him in the G1 Champions Cup three weekends ago take their chances. Wilson Tesoro (Jpn) (Kitasan Black {Jpn}) flashed home strongly to finish runner-up at Chukyo, outfinishing Dura Erede (Jpn) (Duramente {Jpn}), who caused a major boilover in last year's Hopeful S., but seems to have found a home on the dirt. Bauyrzhan Murzabayev has the call.

The 4-year-old King's Sword (Jpn) (Sinister Minister) is another talented dirt runner for his sire and punched his ticket to the Daishoten with an easy victory over Notturno (Jpn) (Heart's Cry {Jpn})—second in this last year–in the Listed JBC Classic over the course and distance Nov. 3.

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‘You Always Hope To Be Better Than The Year Before’: Trainer Steven Chircop Enjoys Winningest Season Yet

Steven Chircop could very well be talking about himself in the way he describes his horses.

“I have always wanted the collective identity of our horses to be grinders, competitors who go out and whether they win or lose, they gave everything they had.”

It's no different for the trainer who oversees operations at Barn 30 on the Woodbine backstretch.

The blueprint for success, maiden claimer or graded stakes contender, has remained unchanged since Chircop launched his career in 2009.

“Preparation, at every point, is the key,” said Chircop. “I want to be able to say that we, as a team, and our horses, were 100 per cent ready to compete.”

Chircop started out in modest fashion nearly 15 years ago. His rookie campaign yielded three wins, 11 top-three finishes and just over $61,000 in earnings.

His sophomore season didn't inspire confidence in the young conditioner.

Near the end of his second year, Chircop found himself questioning his future in the sport.

“I started my first year with one horse and ended the year with three,” Chircop recalled. “My second year, I went in having one stall with a horse that had just come off surgery. There was a point in time after that first year where I wasn't so sure I'd make it.”

It was a combination of encouragement, family ties and fondness for the horses that kept him pushing forward.

“My uncle Joe [Chircop] supported me in so many ways,” said Chircop. “He put together a racing syndicate, who were with him for many years, and they all gave me a chance to show what I could do.”

An astute Chircop claim for the ownership group would be a game-changer for everyone involved.

“My owners had money to claim, to replace the horses we didn't have from my previous year. I had two stalls to fill and didn't know with whom. The second horse I claimed was for $20,000, Kara's Orientation.”

The dark bay almost didn't make it into Chircop's barn.

“The day I claimed him, he didn't come out of the gate that well and spotted the field 20 lengths and ran second – we just got beat,” he remembered. “The stewards put up an inquiry to see if he received a fair start. If he didn't, the claim would have been void. Luckily for us, it worked out.”

The son of Orientate won six races from 30 starts and earned more than $453,000. His biggest win was a 2 ¼-length score in the 2011 running of the Grade 2 Sky Classic Stakes, contested over Woodbine's E.P. Taylor Turf Course.

“He did so much for me as a person, as a trainer, and brought my family together. I will always feel a debt of gratitude to him. He helped put me on the map.”

Success and a sense of contentment in his career soon followed.

Chircop reached the 20-win mark for the first time in 2018 when he won 21 races. The following year, his horses made 21 trips to the winner's circle.

After tougher campaigns in 2020 and 2021, 17 and 16 wins, respectively, he won a career-best 29 races in 2022.

Over the past several years, taking some of his horses to Penn National after the curtain closes on the Woodbine campaign in December has been a winning formula for the conditioner over the winter months.

It was no doubt a major reason behind Chircop's 29-win campaign in 2022 and across-the-board career-best 2023 season, which so far has produced 45 wins and north of $1.3 million (U.S.) in purse earnings.

“I didn't go into the year with any particularly special horse, one where you knew what to expect,” recalled Chircop. “My best horse was Uncle Joe and he got hurt earlier in the season. I guess when things started happening, when everything started to come together, was when I knew we had a good chance to have a career year.”

A pair of horses, one a gelding, the other a mare, come to mind.

“I started the year with average horses, ones that anybody could have claimed. We claimed Aim for the Sky the previous year for $25,000, non-winners of two, and just thought we could work with him and see what we could do. He wound up winning four allowance races in 2023. I claimed Jill for $15,000, who had barely won a non-winners of three. She went on to win two big allowance races.

“Aim for the Sky, I didn't think he was going to be as good as he was. That was nice. Jill would be the biggest shock of them all. She just turned into an absolute beast. I have to admit that I didn't expect that.”

A pleasant surprise like so many others for Chircop, who teamed with friend and co-owner Eric Ross to go 11-7-3 from 43 starts, along with $288,625 in purse earnings.

“There was a time this year when I could walk down the stable and everyone was first or second in their previous race. I did a good job in placing them in the right spot, but the horses did a great job in performing out there. That doesn't always happen, but it was that type of year where every horse was running hard. There were a lot of horses who had great campaigns, including Financial Advice, who we claimed for $75,000 at Belmont. [Owner] Chris Nolan gave us the opportunity with her, and she won two of her three races for us this season. JMR Speedy Escape, a homebred who I own with JMR Racing, also won two races. Romantic Gamble, who I own with Eric Ross, one of my biggest supporters, won a nice Starter Allowance race at Aqueduct in March.

“Win or lose, you appreciate them. You appreciate their athleticism, their strength, their power, their competitiveness – they are amazing athletes. I thought I would have a good year, but this group of horses made it a special one. From start to finish, they showed up every time.”

It is anything but a one-man show in Barn 30.

Chircop, who had nearly two dozen horses stabled throughout the majority of the year on the Woodbine backstretch, was surrounded by a top-notch team.

“You begin to realize when you have 20-plus horses that you rely on so many people. I could never have done this on my own. I had some of the most dedicated people that I had ever worked with. The year we had wouldn't have been without them. We had late nights, and they were there early in the morning. When you have a good team, you have good energy and I believe the horses feed off that.”

Just before Christmas, two of his horses, namely, Mo Tough and Lady Brew, came up with big efforts at Laurel Park.

Mo Tough, a 3-year-old daughter of Mo Town-She'sa Tough Tiger, broke her maiden.

Two races earlier at the Maryland oval, Lady Brew, a 4-year-old daughter of Point of Entry-Ginger Brew, was third in the Carousel Stakes.

“I thought from day one Lady Brew would be a great horse. She was a bit of an underachiever, but she put together a very nice, consistent season.

“I thought the races at Laurel were outstanding efforts by both,” continued Chircop. “They gave it their all.”

Just like their trainer.

As for what he will look to achieve when the 2024 Woodbine season starts up in April, Chircop, as he typically does, will work to surpass last year's numbers.

“You always hope to be better than the year before, but with the ups and downs of racing, there are never any guarantees.”

One thing he can control, however, is the collective identity of his horses.

“I want them to be grinders who showed up every day, every race. I know last year will be tough to match, but we're going to give it our best, that's for sure. I think we did that in 2023.”

It was something he thought of during his most recent trip to the U.S.

“I was reflecting with my dad when I was driving down here, from where it all started to where it is now,” said Chircop, who was joined by Bailey, his beloved golden retriever, for the trek to the States. “You are so busy. You run a race and then you move on to the next. But I wanted to come here and try to keep the momentum going from Woodbine this year and into 2024.”

Over the next few weeks, when time permits, Chircop will allow himself a few moments to watch what he and his team achieved in 2023.

He will no doubt like what he sees.

“I think when I watch the replays and see everything that our group was able to do in 2023, it will make me appreciate everything, including our wonderful horses, that much more.”

The post ‘You Always Hope To Be Better Than The Year Before’: Trainer Steven Chircop Enjoys Winningest Season Yet appeared first on Horse Racing News | Paulick Report.

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