2018 GI Santa Anita Derby | Horse Racing Free Tips

Justify’s 2018 Santa Anita Purse Money to be Redistributed, Record to be Adjusted

The long-standing saga of the 2018 GI Santa Anita Derby may finally be at a close, as the $1-million purse was formally redistributed Saturday, according to a report in Daily Racing Form. Undefeated Triple Crown winner Justify (Scat Daddy) won the 2018 Santa Anita Derby, but later tested positive for scopolamine and Mick Ruis, owner of the second-place finisher Bolt d'Oro (Medaglia d'Oro), persevered with his attempts to have the results overturned. More on the background of his efforts can be found here.

This past December, Ruis released a statement claiming legal victory in the matter and, earlier this month, a Los Angeles County Superior Court judge ordered the California Horse Racing Board (CHRB) to disqualify Justify and pay $300,000 to Ruis while also redistributing the purse. During his racing career, Justify was campaigned by a partnership consisting China Horse Club International Ltd., Head of Plains Partners, Starlight Racing, and Winstar Farm.

According to DRF, a board of California stewards issued a ruling Saturday ordering Justify's ownership to relinquish the $585,000 in first-place prize money. Trainer Bob Baffert and jockey Mike Smith must also return their portion of the purse, which is typically 10% of the winnings. The money must be forfeited by Apr. 29, with all trophies also returned.

Justify, who is now a successful sire standing at Coolmore America, will also see his race record adjusted from six-for-six to five-for-six. California stewards Ron Church, John Herbuveaux, and Kim Sawyer signed Saturday's order.

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CHRB Settles with Ruis in ’18 Santa Anita Derby Dispute Involving Justify DQ

Three months after a Los Angeles County Superior Court judge ordered the California Horse Racing Board (CHRB) to set aside a 2020 stewards' decision and issue a new ruling disqualifying winner Justify from the 2018 GI Santa Anita Derby, a separate settlement has been reached that calls for the CHRB to pay $300,000 to Mick Ruis, the owner of runner-up Bolt d'Oro, and to order a redistribution for the $1-million purse of that stakes.

Dick Downey of the Blood-Horse was first to report the settlement on Thursday, citing details made public in court filings.

Neither the settlement nor the underlying lawsuit involved any direct claims against 'TDN Rising Star' Justify's then-ownership group (China Horse Club, Head of Plains Partners, Starlight Racing, and WinStar Farm) or the colt's trainer, Bob Baffert.

Although, as Downey pointed out in the Blood-Horse, “Presumably they retain the right to appeal the stewards' ruling” and the purse redistribution.

By winning the Santa Anita Derby, the undefeated Justify was able to earn necessary qualifying points to enter the GI Kentucky Derby. He then swept the remaining two Triple Crown races, the GI Preakness S. and GI Belmont S, but was retired from racing six weeks later after developing a left front ankle filling.

It wasn't until 15 months after Justify's Triple Crown romp that a September 2019 bombshell story in the New York Times revealed that Justify had tested positive for scopolamine after he won the Santa Anita Derby, and that the result had been kept hidden from the public.

The Times further reported that CHRB officials arranged to handle Justify's positive “differently than usual” by holding an August 2018 executive session hearing during which CHRB members voted unanimously not to disqualify Justify or to sanction Baffert because the positive test was the result of contamination linked to jimson weed.

The stewards subsequently claimed they had no jurisdiction on the matter as it had already been decided, a decision with which the CHRB later concurred.

Ruis then began what would turn out to be a years-long legal quest to have the result of the race overturned with Bolt d'Oro declared the winner, alleging that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test.

Carlo Fisco, one of Ruis's attorneys, told TDN via email Thursday evening that the settlement also will quell a separate civil case pending against the CHRB that sought monetary damages.

“We have settled our monetary claims against the CHRB, which now has the additional duty to recover and redistribute the purse to the rightful owners including our client,” Fisco wrote. “It was never about the money. I'm hoping we can all move on and put the actions in 2018 of a few bad actors behind us. It's all been settled save for the purse redistribution.”

According to the Mar. 5 court document that outlines the settlement, “within five days of [the CHRB] being served with the signed Judgment, the Board of Stewards will enter a new order disqualifying the horse Justify and redistributing the purse pursuant to Rule 1859.5 and ordering that all purse monies earned or awarded be returned to the Paymaster of Purses at Santa Anita within 30 days of their order. If the purse is not redistributed within 30 days, [the] CHRB shall use its best efforts pursuant to its rules [in] ensuring that the [court ruling] is upheld.”

The settlement filing states that the CHRB's obligations “are expected to be fully performed by CHRB using its best efforts as expeditiously as possible.”

The settlement also stipulates that “Nothing contained in this Agreement shall be construed as an admission of liability, any wrongdoing, or any violation of law.”

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Court Orders Disqualification of Justify’s Santa Anita Derby Win

A decision may have finally been reached in the long-standing legal skirmish over the results of the 2018 GI Santa Anita Derby, won by Justify (Scat Daddy), according to a release issued Friday afternoon by the connections of Ruis Racing, who campaigned runner-up Bolt d'Oro (Medaglia d'Oro). Ruis Racing has sought a disqualification of Justify by the California Horse Racing Board (CHRB), as the winner tested positive for scopolamine following the race.

After it was revealed in a report that Justify had tested positive for scopolamine, Ruis began that quest to have the result of the race overturned with Bolt d'Oro declared the winner. Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB acted on recommendations from then-executive director Rick Baedeker and equine medical director Dr. Rick Arthur. It was their call that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

The lack of disqualification at the time was especially significant as the qualifying 'Road to the Kentucky Derby' points Justify earned from his win in the Santa Anita Derby–his first career stakes start–made him eligible for the GI Kentucky Derby a month later. He not only won the Kentucky Derby, but went on to win the Triple Crown as well. Justify, a 'TDN Rising Star' conditioned by Hall of Famer Bob Baffert, was raced at that time for the partnership of China Horse Club, Head of Plains Partners LLC, Starlight Racing, and WinStar Farm, while Bolt d'Oro was trained for Ruis Racing LLC by Mick Ruis.

The statement, in its entirety, follows:

“Ruis Racing LLC announced today a significant legal victory against the California Horse Racing Board. Represented by attorneys Carlo Fisco and Darrell Vienna, Ruis Racing LLC obtained an order from Los Angeles County Superior Court Judge Mitchell L. Beckloff directing the California Horse Racing Board Stewards to set aside their December 9, 2020 decision and issue a new ruling disqualifying Justify from the 2018 Santa Anita Derby.

“The Steward had originally ruled that they lacked jurisdiction to conduct a Disqualification Hearing in this matter. The Court disagreed and stated in its decision that there is “no reason for remand” as there is “no doubt” the Stewards would have disqualified Justify if they understood that they had the authority to do so.

“Today's decision supports the longstanding California Horse Racing Board rule that any horse racing with a prohibited substance in its system must be disqualified and the purse redistributed.”

TDN was able to option a copy of the ruling, which appears here. The following is found in the ruling's conclusion:

“As the Stewards have already determined what the result would be if they could reach the issue of disqualification on the evidence before them, the court will issue a writ directing the Stewards to set aside their December 9, 2020 decision and Remand Decision and to make a new order disqualifying Justify. Based on the twice-stated clear position of the Stewards, the court finds there is “no reason for remand” of the matter as there is “no real doubt” the Stewards would have disqualified Justify if they understood that Respondent provided them with such authority when Respondent filed the complaint against the Justify Parties.”

According to CHRB spokesperson Mike Marten, the agency has not yet decided whether to appeal the ruling, and there was no further comment on a “pending legal matter.”

Attorney Darrell Vienna, representing Ruis, said that Justify's connections theoretically could also appeal the ruling, “even though this suit was simply between Mick Ruis, under Ruis Racing LLC, versus the California Horse Racing Board.”

Ruis also has a separate civil case pending against the CHRB seeking monetary damages. That case is also filed in the Los Angeles County Superior Court.

“They don't run in parallel. I think if we had lost this case it would have been very problematic for the civil case,” said Vienna.

“We don't have a direct claim against Justify's people,” added Vienna. “The awards and what we want has to come from the CHRB. If they want to chase down Justify's owners for the funds, they can do that. We're not going to do that.”

A footnote in the judge's ruling criticizes the CHRB for entering into a settlement agreement with Ruis, for a stewards purse DQ hearing on the Santa Anita Derby. The stewards subsequently claimed they had no jurisdiction on the matter as it had already been decided–a decision the board then concurred with.

“It strains credulity that a state agency would enter into a settlement agreement providing the other party with illusory relief. That is, why would Respondent settle litigation with Petitioner knowing its complaint could not (as a legal matter) be adjudicated. To the extent the agency did mislead Petitioner, equitable estoppel would likely preclude the agency from depriving the other party with the benefit of its bargain,” the ruling states.

According to Vienna, “we were enticed to enter into an agreement that was not going to be honored.”

Because of the qualifying points system in place for the Kentucky Derby, Justify's berth in that year's contest was incumbent upon his running first or second in the Santa Anita Derby.

When asked if the ruling puts into question Justify's Kentucky Derby win, therefore, Vienna pointed to a similar case he had previously litigated “in which a horse's eligibility was valid until it was disproven.”

“At the time of the running of the Derby, Justify was eligible based on the then-pending decision,” said Vienna. “Subsequently today, that decision was overturned. But at the time he participated in the Derby he had, for all intents and purposes, achieved the right to run in the Derby.”

Vienna added, “if the board had done what they should have done in the first place, he would have been disqualified, and that issue of whether he had enough points for the Derby would have been decided back then.”

Said Vienna, “There's no question that Justify's a very good horse and a great sire, and that Bolt d'Oro's a good horse and a great sire.”

He added, “I'd like to see everybody get back to racing and not fighting.”

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Justify, Hoppertunity Connections Seek Court Block of CHRB Scopolamine Re-Hearings

Trainer Bob Baffert, plus the owners and two jockeys who rode the undefeated 2018 Triple Crown winner Justify and the MGISW Hoppertunity, filed a legal petition against the California Horse Racing Board (CHRB) Oct. 13, alleging that the CHRB’s recent decision to reopen hearings on two scopolamine positives from those horses in 2018 amounts to “arbitrary, capricious, and unlawful conduct” that purportedly targets Baffert and his clients unfairly while supposedly damaging the horses’ reputations as stallions.

The petition, filed Tuesday in Los Angeles County Superior Court, seeks a judgment, injunction, and “peremptory writ of mandate commanding Respondent CHRB to dismiss the Complaints filed against Petitioners and cancel all hearings on the matter.”

The petitioners–Baffert, WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC, Starlight Racing, Michael Pegram, Karl Watson, Paul Weitman, Mike Smith, and Flavien Prat–are also going after the CHRB for unspecified monetary damages, attorney fees, and court costs, plus “other, different, or further relief as the Court may deem just and proper,” according to the 26-page court filing.

“This action challenges the CHRB’s groundless decision to reopen a closed matter and conduct a retroactive hearing with an apparently foregone conclusion to disqualify and redistribute winnings from horse races that occurred two and a half years ago. When those races [the [GI] Santa Anita Derby and [GIII] Tokyo City Cup] were run in April 2018 and two horses (Justify and Hoppertunity, respectively) were declared the winners, the CHRB decided the very issue it is seeking to revisit now,” the court documents state.

“The CHRB has no legal or factual basis for reopening its prior final decision,” the filing continues. “As the CHRB knew when it decided this issue in 2018, both Justify and Hoppertunity tested positive for scopolamine just after their respective races in April 2018. But after a thorough investigation and deliberation, consistent with the well-established equine science and its very own governing statute and rules, the CHRB correctly decided that the positive results were due to naturally occurring contamination in the horses’ feed and therefore dismissed the matter. Now, after almost two and a half years, the CHRB has issued complaints and announced it intends to hold a hearing [Oct. 29] to consider retroactively disqualifying these two horses.”

The filing contends that “The CHRB’s attempted proceedings, however, ignore a critical element: the CHRB could not have disqualified either horse in 2018 and cannot do so now because scopolamine is a classified substance that, by law, does not permit disqualification. Further, the CHRB has no authority, or basis, to reopen this closed matter. Rather, the CHRB has admitted it has issued its complaints and is holding a hearing simply to dispose of a civil action brought against it by a race runner-up, and solely as a way to avoid further litigation and expense in that lawsuit.”

According to the Oct. 13 filing, “All racing jurisdictions have rules that govern the sport and the presence of medications and substances in post-race blood and urine tests. California is no different, and the April 2018 tests were taken pursuant to those rules. Specifically, California’s classification system delineates five classes of substances [and] four categories of penalties. [The more egregious and harmful] Class 1-3 substances correspond with penalty categories A and B, while Class 4-5 substances are associated with penalty categories C and D.”

“At the time of the 2018 Santa Anita Derby, just as it is today, the CHRB’s rules designated scopolamine as a Class 4, penalty C substance. Significantly, disqualification is not an authorized penalty for Class 4, penalty C substances. Plainly stated, disqualification premised on the presence of scopolamine was not a permissible option for the CHRB in April 2018 under its own rules [nor is it an option today].”

The filing continues: “There have been numerous incidents of jimson weed contaminating bales of hay, leading to what are called ‘clusters’ of horses testing positive for scopolamine when they unknowingly ingest contaminated feed. Fortunately, there is a proven scientific method for determining whether the presence of scopolamine in a horse is due to intentional administration or is the result of innocent contamination from hay. If the horse has ingested jimsonweed, blood tests of that horse will reveal the presence of atropine. On the other hand, if scopolamine has been intentionally administered, atropine will not be present.”

“Racing commissions routinely use the presence or absence of atropine in the blood as a determinative factor in deciding whether to pursue complaints against an owner or trainer.. Equally important, the amounts of scopolamine found in the blood of Justify and Hoppertunity..were small enough that they would have no pharmacological effect in a horse.”

The filing states that, “There were five other horses who tested positive for scopolamine during this time period. All seven horses were investigated by Dr. Rick Arthur, the CHRB’s Equine Medical Director, and Rick Baedeker, the CHRB’s Executive Director. Arthur and Baedeker determined that the cluster of scopolamine positives at Santa Anita in 2018 was the result of contaminated hay. They found jimson weed in hay that had been delivered to Santa Anita and the blood and urine samples of all the horses revealed the presence of atropine. The investigation and science were conclusive: this was a case of environmental contamination that had no effect whatsoever on all seven horses tested that day, nor the outcome of their respective races. Thus, Arthur and Baedeker jointly recommended to the Board of the CHRB that all seven cases be dismissed.”

“Arthur and Baedeker’s recommendation was presented to the Board of the CHRB, which voted unanimously to dismiss all seven cases. That decision was not only proper, it was the only one the CHRB could make under its own rules..In sum, the cases for the seven horses testing positive for scopolamine in April 2018..were all thoroughly and properly investigated and were

all dismissed. The science was not only overwhelming, it ‘mandated’ such a result.”

The filing further contends that a January 2020 lawsuit initiated against the CHRB by Mick Ruis, who owned and trained the 2018 Santa Anita Derby runner-up, Bolt d’Oro, is “the only reason the CHRB has decided to reopen the formally closed decisions with respect to Justify,” because the CHRB “agreed to do so as part of a private settlement.”

In his suit, Ruis alleged that the CHRB’s August 2018 vote to dismiss the case against Justify led Ruis to suffer “the loss of purse caused by the CHRB’s failing to disqualify Justify and re-distribute the purse for the positive test result.”

The Oct. 13 filing states that, “the CHRB is only attempting to reopen its 2018 decision regarding Hoppertunity because that horse too was trained by Bob Baffert” and that, “the CHRB agreed to file the [Aug. 25, 2020] complaints against Justify and Hoppertunity solely to avoid further litigation costs associated with its legal defense in the Ruis lawsuit and to placate the race runner-up.”

The Baffert, et al, filing states that as a result of the CHRB’s unlawful conduct, the petitioners have, “suffered harm, including damage caused to Justify’s and Hoppertunity’s reputations, as award-winning Thoroughbred horses.”

But the Oct. 13 court documents do not provide specific details about the exact nature of this alleged harm.

“Unless [the CHRB] is restrained and enjoined from reopening these actions that were previously and rightfully dismissed, Petitioners’ rights will continue to be violated, as they have no plain, speedy, or adequate remedy at law; injunctive relief is the only legal means available to protect their legal rights,” the filing concludes.

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