Horseplayers Sue Baffert, Zedan

Led by Michael Beychok, the winner of the 2012 NTRA National Horseplayers Championship, four gamblers have filed a Class Action Lawsuit against trainer Bob Baffert and owner Amr Zedan, alleging fraud. Each maintains that they made bets that would have won had GI Kentucky Derby winner Medina Spirit (Protonico) not been “doped.” The plaintiffs allege that Baffert and Zedan are in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), the California Control of Profits of Organized Crime Act (CCPOCA) and for committing state common law and equitable fraud.

The suit was filed Thursday in United States District Court for the Central District of California.

When reached by the TDN, Beychok declined to comment and referred all questions to his attorney, Bill Federman.

“The horse racing industry as a whole has refused or cannot take steps that are necessary to protect the horses and the horseplayers from cheats” Federman said. “That's really the bottom line. Bob Baffert is known to have drugged horses in the past. Each time he said that it was an accident, that something was wrong, that somebody with steroids walked into the barn and sneezed. Can you believe it, the horse then tested positive ? Enough is enough, and that is the bottom line. If the industry is not going to police itself it's going to have to be further regulated or you will have outside groups forcing change.”

In several tweets earlier this week, Beychok touched on the controversy and welcomed gamblers to join in the class action suit.

“This guy Baffert wants us to believe that a horse in his care for the biggest horse race in the world was given an injectable drug without anyone in the barn's knowledge,” he wrote. “Are you kidding me with this? That's the best he's got?”

It was revealed shortly after the Derby that Medina Spirit had tested positive for a banned corticosteroid, Betamethasone. Subsequently, Baffert revealed that Medina Spirit was treated with an antifungal medication that contained Betamethasone to clear up a case of dermatitis and that he was treated with the ointment as late as Apr. 30, the day before the Derby. He maintained that he made an innocent mistake and gave the horse a medication that could not have had any effect on his performance.

The Kentucky Racing Commission has yet to take any action against Baffert and cannot do so until a second lab has tested a split sample.

In the suit, Beychok claims he made bets totaling $966 that would have resulted in payoffs between $10,000 and $100,000 had Medina Sprit not won the race. The other plaintiffs are Justin Wunderler, Michael Meegan and Keith Mauer. Wunderler claims he bet roughly $2,000 and stood to win at least $40,000. Meegan and Mauer each made small wagers.

In 2020, a bettor, Jeff Tretter, backed by PETA, sued harness trainer Robert Bresnahan, Jr. and owner J.L. Sadowsky for doping, racketeering and fraud after betting on a horse that finished behind a Bresnahan trained horse who won a 2016 race at the Meadowlands and tested positive for EPO. Bresnahan and Sadowsky settled with Tretter out of court, paying the Illinois gambler $20,000.

“The New Jersey case was clearly a shot across the bow for the trainer and the industry that apparently went unnoticed,” Federman said. “It's time for the industry to regulate itself. The industry has not been willing to represent those who bet their money.”

The plaintiffs maintain that they wagered on the Derby with the belief that there would be a level playing field and that none of the starters would be racing on prohibited medications.

“Bettors and members of the public expect that horses will give their best effort in every race and that all horses entered in every race will not be racing under the influence of a drug or foreign substance that has been administered in violation of racing rules and regulations,” the suit reads.

They contend that Baffert and Zedan committed fraud because they misrepresented to bettors that they had entered a horse that complied with all racetrack rules. The suit also points to the numerous drug positives racked up by Baffert throughout his career.

“The Baffert Defendants' acts are not isolated events; rather they are a pattern of events related to each other in that they have similar purposes, participants, methods of commission, and other distinguishing characteristics,” the suit reads. “Relatedness is also established by the fact that all acts were done for the purpose of winning thoroughbred races, including but not limited to the Kentucky Derby.”

Beychok is a partner and creative director at Ourso Beychok Inc., a Democratic direct mail consulting firm based in Baton Rouge, Louisiana. He has worked on political campaigns at the local, state and national levels. His victory in the NHC netted him $1 million plus an Eclipse Award for best handicapper of 2012.

 

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First Round of Blood Tests Clean On Baffert Pimlico Horses

Per the condition of the entry agreement into the GI Preakness S. between the Maryland Jockey Club and trainer Bob Baffert reached earlier this week, Baffert-trained horses Medina Spirit (Protonico), Concert Tour (Street Sense) and Beautiful Gift (Medaglia d'Oro) underwent three rounds of out-of-competition blood sample testing. The Maryland Racing Commission (MRC) took two samples, one May 6 and the other May 10. A third sample was taken by 1/ST RACING and the Maryland Jockey Club (MJC) May 11.

Samples drawn May 6 and 10 by the MRC were sent to Industrial Laboratories in Colorado, while the samples drawn by 1/ST RACING and MJC on May 11 were sent to the University of California at Davis Maddy Laboratory.

The May 6 samples were screened for both prohibited and therapeutic substances and were reported clear for all horses Thursday by Industrial Laboratories.

Results for the May 10 and 11 samples will be available Friday, and are expected by 3:00 p.m. ET in advance of the GII George E. Mitchell Black-Eyed Susan S., in which Beautiful Gift is entered. The outcome of those results will be announced publicly by 1/ST RACING and MJC upon receipt.

“1/ST RACING is committed to achieving the highest level of horse care and safety standards in Thoroughbred racing. We have been an industry leader in instituting processes and protocols that have led to nationwide medication reform and increased accountability and transparency,” said Craig Fravel, Chief Executive Officer, 1/ST RACING. “While we acknowledge the challenging circumstances that prompted this further need for transparency, it reflects, above all else, that the principles of integrity, accountability, and safety in our sport are non-negotiable.”

In addition to third-round sampling, the medical records for all Baffert trained horses have been reviewed by Dr. Dionne Benson, Chief Veterinary Officer, 1/ST RACING. Baffert has provided medical records covering the period of Apr. 1 through May 10. Medical records for Medina Spirit reportedly reflected the dispensing of Otomax Apr. 9 and 19. Otomax is a legal, topical ointment used off-label to treat dermatitis in racehorses. Medina Spirit's medical records were compared to confidential veterinary records obtained from the California Horse Racing Board (CHRB) which were submitted within 24 hours of those dates and have been verified.

Baffert also voluntarily submitted radiographs of Medina Spirit's fetlocks (ankles) and carpi (knees), which his veterinarian took at Pimlico May 12. These radiographs were reviewed by the Maryland Equine Medical Director, 1/ST RACING's Chief Veterinary Officer, and a Diplomat of the American College of Veterinary Surgeons that consults with 1/ST RACING and MJC. All three veterinarians independently determined the radiographs showed no abnormal findings.

To view a copy of the Maryland Jockey Club and Bob Baffert agreement, click here.

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Pimlico: Medina Spirit Underwent Three Rounds Of Out-Of-Competition Testing; First Round Is Clear

Per the condition of entry agreement into Preakness 146 between the Maryland Jockey Club and trainer Bob Baffert reached earlier this week, Baffert trained horses Medina Spirit, Concert Tour and Beautiful Gift underwent three rounds of out-of-competition blood sample testing. The Maryland Racing Commission (MRC) took two samples, one on May 6th and the other on May 10th. A third sample was taken by 1/ST RACING and the Maryland Jockey Club (MJC) on May 11th

Samples drawn on May 6th and May 10th by the MRC were sent to Industrial Laboratories in Colorado while the samples drawn by 1/ST RACING and MJC on May 11th were sent to the University of California at Davis Maddy Laboratory.

The May 6th samples were screened for both prohibited and therapeutic substances and were reported clear for all horses on May 13th by Industrial Laboratories.

Results for the May 10th and May 11th samples will be available on Friday, May 14th and are expected by 3:00 pm ET in advance of the George E. Mitchell Black-Eyed Susan Stakes (GII) for which Beautiful Gift is currently entered. The outcome of those results will be announced publicly by 1/ST RACING and MJC upon receipt.

Consistent with the fair procedures and practices established by 1/ST RACING and MJC, the additional tests and monitoring are being conducted as part of the rigorous condition of entry agreement to ensure the fairness and integrity of the races with horses entered by Baffert, which are the George E. Mitchell Black-Eyed Susan Stakes (GII) and the 146th Preakness Stakes (GI).

“1/ST RACING is committed to achieving the highest level of horse care and safety standards in Thoroughbred racing. We have been an industry leader in instituting processes and protocols that have led to nationwide medication reform and increased accountability and transparency,” said Craig Fravel, Chief Executive Officer, 1/ST RACING. “While we acknowledge the challenging circumstances that prompted this further need for transparency, it reflects, above all else, that the principles of integrity, accountability, and safety in our sport are non-negotiable.”

In addition to third-round sampling, the medical records for all Baffert trained horses have been reviewed by Dr. Dionne Benson, Chief Veterinary Officer, 1/ST RACING.  Baffert has provided medical records covering the period of April 1st through May 10th.  Medical records for Medina Spirit reflected the dispensing of Otomax® on April 9th and April 19th. Otomax® is a legal, topical ointment used off-label to treat dermatitis in racehorses. Medina Spirit's medical records were compared to confidential veterinary records obtained from the California Horse Racing Board (CHRB) which were submitted within 24 hours of those dates and have been verified.

Baffert also voluntarily submitted radiographs of Medina Spirit's fetlocks (ankles) and carpi (knees) which his veterinarian took at Pimlico on May 12th.  These radiographs were reviewed by the Maryland Equine Medical Director, 1/ST RACING's Chief Veterinary Officer, and a Diplomat of the American College of Veterinary Surgeons that consults with 1/ST RACING and MJC.  All three veterinarians independently determined the radiographs showed no abnormal findings.

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Derby Winner Losing To A Stablemate? It’s Happened Before

Once uncommon, Kentucky Derby (G1) winners have run against stablemates more often in the Preakness Stakes (G1) in recent years.  It is likely to happen again Saturday when Bob Baffert trainees Medina Spirit and Concert Tour are scheduled to face each other at Pimlico Race Course in Baltimore, Md.

Zedan Racing's Medina Spirit quickly grabbed the lead in the Derby on May 1 and held on to finish first by a half-length in an exciting four-horse finish. Concert Tour was at Churchill Downs that day, too, but he was in his stall, a few hundred yards from the finish line. Baffert and owner Gary West had decided not to enter him in the race after he had finished a disappointing third in the Arkansas Derby (G1) on April 10.

If Medina Spirit and Concert Tour are in the Preakness starting gate, it will be the seventh time since 1970, the second year in a row, and the third time in seven runnings that the Derby winner has to face a stablemate in the Middle Jewel of the Triple Crown.

Just once, in 1995, did the stablemate prevail in Baltimore and short-circuit a potential Triple Crown: Timber Country, trained by D. Wayne Lukas, beat Lukas' Derby winner Thunder Gulch.

Baffert has been involved in the two most recent clashes. American Pharoah took another step toward the Triple Crown in 2015 beating Dortmund and six others in the Preakness. Dortmund had finished third in the Derby. In the pandemic-delayed Preakness last October,

Derby winner Authentic was second by a neck to the filly Swiss Skydiver, well ahead of his stablemate Thousand Words, who was eighth. Thousand Words was scratched from the Derby after he acted up while being saddled in the paddock.

Baffert said he often runs two or three horses in races in California and doesn't think twice about having stablemates in major stakes.

“I just give everybody a chance, and that's the way it goes,” Baffert said. “Gary West, with Concert Tour, he left it up to me. They send me these horses, and I'm giving them the best chance to win. They're both doing really well, so why not? They both might cook each other up on the lead or whatever. You never know what's going to happen. But they're both doing well, and I want to give them the opportunity to run.

“Sometimes you hate to run two horses. But I'm trying to win the race and give the owners an opportunity. But Medina has a lot of Silver Charm (his first Derby and Preakness winner in 1997) in him. He's a fighter. So you don't know what's going to happen. I think the draw and the break are critical. I've gone up there with speed horses and they miss the break. A lot can go wrong at Pimlico, and it's a deeper kind of track, too.”

In 1998, Baffert was considering running Indian Charlie back against his Derby winner Real Quiet, but decided not to because he didn't like the way Indian Charlie looked to him that week.

Todd Pletcher, whose election to the Hall of Fame was announced on May 5, saddled his 2010 Derby winner Super Saver and Aikenite in the Preakness. Aikenite had not competed in the Derby. Super Saver ended up eighth, two spots ahead of Aikenite.

Lukas brought two horses to the 1999 Preakness, Charismatic, his 31-1 Derby winner, and Cat Thief, who was third at Churchill Downs at 7-1. Charismatic won again, this time at 8-1, and Cat Thief was seventh at 5-1.

Thunder Gulch was 24-1 in the wagering when he won the 1995 Derby, while the 3-1 favorite Timber Country was third, some 2½ lengths back. Two weeks later in the Preakness, Timber Country won the Preakness as the 9-5 favorite and Thunder Gulch was third as the 7-2 third choice.

Lukas, who will saddle Ram in the Preakness Saturday, said this week that his mission is to run his horses where they belong, giving owners an equal chance at success, and cited the 1995 Preakness.

“As a trainer you get to look at them individually,” he said. “Thunder Gulch wins the Kentucky Derby. He comes in here and I should have been all over trying to get him to the Triple Crown. He wins the Belmont, as it turned out. We could have made history. Nobody had won it in (20) years at that time. Yet we go in here and our own horse beats him.”

Lukas said he has never second-guessed his decision to run Timber Country and Thunder Gulch at Pimlico.

“No, I didn't regret winning the Preakness in any way, shape or form,” he said. “And I don't regret it now. I'd do the same thing again.”

The afternoon before the Belmont Stakes, Timber Country, the 6-5 morning line favorite, was scratched from the race because he had spiked a fever. Thunder Gulch won the Belmont, giving Lukas his fifth-consecutive victory in a Triple Crown race, and sweep of that year's series, but with different horses.

Lukas extended his unprecedented streak in the Triple Crown to six-straight with Grindstone's narrow win in the Derby. A few days later he was found to have a career-ending leg injury. Lukas' stable was very deep and he saddled three horses in the Preakness, but his top finisher was third-place Editor's Note, who later won the Belmont.

The first of the Derby winners versus stablemates in the Preakness in the last 50 years was in 1976, Trainer Laz Barrera won the Kentucky Derby with Bold Forbes upsetting the 2-5 favorite Honest Pleasure. In the Preakness, Barrera saddled the entry of Bold Forbes and Illinois Derby (G3) winner Life's Hope. Elocutionist prevailed at 10-1 after Bold Forbes and Honest Pleasure engaged in a speed duel. Bold Forbes finished third, Honest Pleasure was fifth and Life's Hope, a closer who did not benefit from the fast pace, was last of the six.

Baffert's assistant Jimmy Barnes, who is handling the Preakness runners this week, said there is no hesitation about having Concert Tour face Medina Spirit.

“Sure, we want a Triple Crown every time,” he said. “But Concert Tour didn't get his chance in the Derby, so this is his chance to shine. You've got to give them all a fair shot. The best horse will win.”

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