Bob Baffert | Horse Racing Free Tips

Breeders’ Cup to Require Extra Scrutiny of Baffert Horses

Horses trained by Bob Baffert, whose Kentucky Derby win with Medina Spirit (Protonico) remains in doubt due to a betamethasone positive, will undergo enhanced scrutiny in order to participate in the upcoming Breeders' Cup championship races at Del Mar, the Breeders' Cup announced Sunday.

The statement by the Breeders' Cup read:

“The Breeders' Cup Board of Directors convened a special review under legal counsel to evaluate the recent conduct of Mr. Bob Baffert in order to determine whether he should be permitted to participate in the 2021 World Championships. In the interest of fairness, Mr. Baffert was provided with advanced notice and an opportunity to take part in the process, and the Board appreciated his participation and cooperation in connection with its inquiries.

“Based on the totality of the circumstances, Breeders' Cup has decided to require all horses trained by Mr. Baffert to undergo enhanced out-of-competition, pre- and post-race testing and other security protocols, at his own expense, in order to participate in the 2021 Breeders' Cup World Championships at Del Mar.

“In addition to operating under the rules and regulations of both the California Horse Racing Board and Del Mar for the 2021 World Championships, those competing in any Breeders' Cup race are subject to another set of rules specific to the Breeders' Cup, which include the Breeders' Cup Condition of Entry, the Prohibited Substance Rule and the Convicted Trainer Rule. On top of our industry-leading protocols and standards, additional testing and security requirements for any horse under Mr. Baffert's care will be administered at his expense under a signed agreement to provide a more targeted layer of accountability. These additional measures include increased randomized out-of-competition testing for all prohibited and restricted substances, additional tests administered the week of the World Championships, increased veterinarian and security checks, and in-person 24-hour security surveillance ahead of the horse or horses' respective events. Mr. Baffert has agreed to abide by each of these additional measures.

“Working with horses and competing in the World Championships is a privilege, and medication restrictions and testing protocols are in place for a reason. The Breeders' Cup expects Mr. Baffert's complete cooperation in ensuring that every horse under his care is in full compliance with all medication restrictions and safety standards.

“Breeders' Cup looks forward to the uniform rules and enforcement mechanisms that the Horseracing Integrity and Safety Authority's antidoping and medication control program will bring to our sport.”

Baffert responded to a text from the TDN, saying, “I share the values of the Breeders' Cup board and the principles which underlie the World Championships of our great sport. I welcomed the good-faith inquiry of the Breeders' Cup Racing Committee and we transparently answered their requests, through documentation and in-person meetings. I invite any pre-race scrutiny and testing for my Breeders' Cup entrants. I compliment the horsemen on the Breeders' Cup board that selflessly provided their time, diligence and integrity in reviewing the true facts and not acting on a false rush to judgment.”

The Breeders' Cup announced in mid-September it had begun a review process into Baffert's participation in this year's championship races with Medina Spirit the most high-profile of the trainer's five drug positives in a one-year period. Churchill Downs issued Baffert a two-year suspension, while the New York Racing Association has faced legal challenges to a similar ban, possibly complicating any actions the Breeders' Cup board might have considered (The Week in Review: Baffert Should be Allowed to Run in Breeders' Cup).

Breeders' Cup President and CEO Drew Fleming responded to a request for comment via email, saying, “The thoroughbred industry is a small one and Breeders' Cup is an industry board. While there are instances of professional and personal overlap due to the nature and size of our industry, every Breeders' Cup Director takes his or her fiduciary obligations to the Breeders' Cup seriously. I have no doubt that they acted solely in the best interest of the organization when reviewing this matter. Beyond that, we do not publicly disclose the specifics of board deliberations or votes.”

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Into Mischief Colt Survives Race-Long Duel To Graduate

8th-Santa Anita, $63,000, Msw, 10-15, 2yo, 1m, 1:37.55, ft, 1/2 length.
BAROSSA (c, 2, Into Mischief–Bouquet Booth {GSW, $527,279}, by Flower Alley) was sent off the lukewarm 14-5 favorite in a strong-looking two-turn maiden Friday at Santa Anita got just the better of a race-long tussle with Durante (Distorted Humor) to graduate at third asking. The latter, drawn the inside for his first try at a distance of ground, was aggressively ridden and led into the first turn, but was joined immediately to his outside by Barossa and the two went a swift opening quarter in :23 flat. Still moving along at a good clip through a half-mile in :47.48, Durante retained the call as they hit the stretch, met and held the persistent challenge of Barossa deep into the final furlong and gave way grudingly. The winning margin was a half-length. A $775,000 Keeneland September yearling, Barossa was a well-beaten fourth in a 5 1/2-furlong maiden at Del Mar July 25, but attended a good pace in his two-turn debut at Del Mar Aug. 27 and tired fractionally to finish third to Oviatt Class (Bernardini) subsequently third to 'TDN Rising Star' Corniche (Quality Road) and Pappacap (Gun Runner) in the GI Frontrunner S. at this venue Oct. 1. Bouquet Booth, who hails from the same female family as MGISW Riskaverse (Dynaformer) and Horse of the Year Havre de Grace (Saint Liam), was most recently bred to Into Mischief's son Audible. Sales history: $775,000 Ylg '20 KEESEP. Lifetime Record: 3-1-0-1, $49,200. Click for the Equibase.com chartin or VIDEO, sponsored by TVG.
O-Golconda Stable, Madaket Stables LLC, SF Racing LLC, Siena Farm LLC, Starlight Racing, Stonestreet Stables LLC, Waves Edge Capital LLC, Catherine Donovan, Robert E Masterson & Jay A Schoenfarber; B-Spendthrift Farm, LLC (KY); T-Bob Baffert.

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Flurry of Legal Filings, Familiar Arguments in Baffert vs. NYRA Case

Both plaintiff Bob Baffert and defendant the New York Racing Association (NYRA) traded volleys of legal filings that were posted electronically just before 6 p.m. Tuesday. They all relate to Baffert's ongoing quest to fight NYRA's attempts to either banish him outright or to give him a hearing that would adjudicate the “detrimental conduct” charges NYRA has levied against Baffert over the repeated equine drug positives in his trainees.

NYRA on Oct. 12 filed a memorandum of law in support of its earlier motion to dismiss Counts I, III, IV and V of Baffert's federal lawsuit against NYRA. That civil complaint was initiated when NYRA tried to exclude Baffert from racing or stabling at its three tracks without any hearing process back on May 17.

“NYRA moves to dismiss all counts except Plaintiff's [civil action for deprivation of rights] claim. Counts I, III, IV and V of the Complaint fail to meet the applicable pleading requirements and, as such, should be dismissed as a matter of law,” NYRA stated in its filing in United States District Court (Eastern District of New York).

The filing continued: “First, this Court should dismiss Plaintiff's tortious interference with business relations claim because Plaintiff fails to allege either that NYRA directed conduct at any entity or individual other than himself or any specific business relationships with which NYRA purposefully interfered.

“Second, under the New York Court of Appeals' decision in Saumell v. New York Racing Association, Inc., Plaintiff's claim alleging a violation of New York law fails because NYRA acted upon its common law right of exclusion in suspending Plaintiff and because NYRA is not bound by the New York State Gaming Commission's hearing procedures when excluding a licensee from the Racetracks.

“Third, Plaintiff's claims for injunctive and declaratory relief likewise fail because they constitute remedies, not independent causes of action,” NYRA's filing stated.

Baffert's legal team rebutted those points in its own Oct. 12 filing, then launched into a separate argument about the exclusion hearing process that NYRA created to give Baffert a chance to present his own evidence and dispute the reasons that NYRA wants to bar him (Baffert is currently allowed to race at NYRA tracks because a judge ruled in his favor with a July 14 preliminary injunction).

“Rather than accepting this Court's Order and its defeat, NYRA has chosen to double down,” Baffert's filing contended.

“First, NYRA has filed the current meritless Motion to Dismiss. Second, NYRA sent Baffert another letter Sept. 10, 2021, which claimed that NYRA intended to once again suspend Baffert for the exact same conduct that it previously attempted to suspend him.”

Baffert's filing continued: “In an effort to circumvent this Court's injunction Order, NYRA claims its latest attempt to suspend is “new.” In reality, there is nothing “new” about it as it is based on the same conduct and reasoning. The only thing different is that NYRA has now created 'Hearing Rules and Procedures' out of whole cloth in attempt to retroactively instill legitimacy to its blatantly unlawful actions.

“These rules and procedures state that NYRA can appoint its own hearing officer, render whatever decision it deems appropriate, and deny Baffert any right to appeal. In other words, in response to this Court's ruling that it acted unlawfully, NYRA has decided to engage in even more unlawful activity. NYRA's recent actions make it highly likely that Baffert will suffer additional injuries to his business and reputation,” Baffert's filing stated.

NYRA wasn't through yet with the legal filings on Tuesday. In its response to Baffert's response, it fired back with another memorandum, this one in “further” support of its own motion to dismiss.

NYRA's second filing on Tuesday urged the court to “reject” Baffert's “novel” theory about tortious interference. It also stated that Baffert “mischaracterizes New York law” and that his argument “ignored the weight of authority” with regard to injunctive and declaratory relief.”

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Asmussen, Baffert, Brown, Cox Dominating Grade 1 Competition

Four trainers – Steve Asmussen, Bob Baffert, Chad Brown and Brad Cox – have combined to win 41% of the 83 Grade 1 races run in North America so far this year, a marked increase in the success rate for racing's elite “super trainers” from just a decade ago.

Asmussen and Cox have won nine G1 races each this year, with Baffert and Brown just one behind. Throw in Todd Pletcher's six G1 wins and fully 40 of 83 (48%) of the sport's most important races have been won this year by horses from one of five stables.

Going back a decade to 2011, the dominance was not as severe. When that racing year ended, Bob Baffert led all trainers with 11 G1 wins, but the trainer with the next highest number was Dale Romans, with six, followed by Todd Pletcher, H. Graham Motion and William Mott, with five apiece.

The combined 32 G1 races won by those five trainers accounted for 28% of the 116 G1 stakes run by the end of 2011.

Looking at all graded stakes run so far this year, Pletcher leads the way with 29, followed by Cox at 28, Brown at 27, Baffert at 26, and Asmussen at 20. The combined 130 graded race wins by those five trainers accounts for 33% of all the graded stakes run so far this year.

In 2011, the top five trainers, led by Pletcher's 43 graded wins, combined to win 125 of the 486 graded races by year's end, or 26%.

Anecdotally, it seems as though a handful of trainers are dominating North America's best races – the Grade 1 events – like never before. These numbers, though they only represent a one-season comparison from 10 years ago, would tend to back that up.

The charts below include all trainers with 10 or more graded stakes wins by year's end in 2011 and through Oct. 10 in 2021.

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