No Change In 2018 Santa Anita Derby Results As Stewards Dismiss Complaint In Justify/Hoppertunity Case

Justify's win in the 2018 Santa Anita Derby, and that of stablemate Hoppertunity in the 2018 Tokyo City Cup, will stand. The Santa Anita board of stewards voted Wednesday to dismiss a California Horse Racing Board (CHRB) complaint into the results of both races without any change in the final order of finish. The Board brought the complaint as part of a settlement agreement in a civil suit from Ruis Racing, which owned Bolt d'Oro, runner-up to Bob Baffert-trained Justify in the Santa Anita Derby.

The CHRB faced public outcry when a New York Times report revealed that post-race samples from both horses contained scopolamine, but that the board voted in a secretive, closed-door meeting not to pursue action against trainer Bob Baffert. CHRB equine medical director Dr. Rick Arthur advised the board that several other horses also showed levels of scopolamine in their systems around the same time, which led him to believe the tests were the result of environmental contamination. Scopolamine can sometimes be found as a result of exposure to jimson weed, which grows in California and may sometimes end up in hay or bedding.

“Even if this panel were to disagree with the CHRB's decision to dismiss these matters or the way the CHRB handled the situation it cannot be argued that the CHRB lacked the authority to do so,” read the stewards' decision. “The law specifically allows such actions to take place and the CHRB followed the law.”

Stewards heard evidence from the CHRB and connections of both horses on Oct. 29. The horses' connections went to court in an attempt to block a stewards' hearing on the 2020 CHRB complaint but were unsuccessful.

The complaint brought this year after the Ruis civil suit focused only on whether Justify and Hoppertunity should be disqualified. It was not designed to impose sanctions on Baffert or any other individual.

In a written explanation, the stewards said their decision came down to the timing of changes to the classification of scopolamine. At the time of the races, scopolamine was a Class 3 drug by California rule, which would have required automatic disqualification of a horse regardless of the reason it was present in a post-race sample. However, by the time of the closed meeting for the board to discuss the Justify finding, the Association of Racing Commissioners International (ARCI) had changed the classification of the substance to a Class 4. The CHRB voted on in a regular, open meeting held on Aug. 23, 2018 to adopt an amendment to its drug rules which put them in line with ARCI guidelines — including, among other things, changing scopolamine from a Class 3 to a Class 4. The presence of Class 4 or 5 substances in horses post-race does not include automatic disqualification as a penalty.

It was in the closed-door executive session portion of that same Aug. 23 meeting that the board heard information about the scopolamine positives, including that of Justify, and voted to dismiss the whole thing without filing a complaint or referring the matter to the stewards for a hearing. CHRB rules at the time permitted the board to handle the case this way, with no public disclosure.

Wednesday's stewards' decision acknowledges that Arthur warned the board during that executive session “there might be a perceived lack of transparency should the CHRB fail to go public with the decision and that it would probably not remain a secret.”

The decision went on to question how the outcome may have been different had it gone through the normal channels for a post-race finding and done so more quickly.

“It is the stewards' opinion that had this board of stewards heard the Justify and Hoppertunity complaints prior to Aug. 23, 2018, both horses would have been disqualified.”

See the full stewards' decision here.

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Santa Anita Stewards Dismiss Complaints Against Justify, Hoppertunity

The latest development in a long, tumultuous and litigious journey saw the California Board of Stewards dismissing complaints filed by the current California Horse Racing Board (CHRB) regarding the scopolamine positives incurred by Justify (Scat Daddy) and Hoppertunity (Any Given Saturday) following their runs in the 2018 GI Santa Anita Derby and the GIII Tokyo City Cup S. respectively.

The CHRB filed the complaint as part of a legal settlement with trainer Mick Ruis, owner of Santa Anita Derby runner-up Bolt d’Oro (Medaglia d’Oro).

According to attorney Darrell Vienna, who represents Ruis, he filed a claim Thursday evening with the CHRB requesting that the board overturn the steward’s decision. The claim, he said, concerns a statute in the state’s Business and Professions Code.

The decision was issued Thursday evening following an Oct. 29 hearing on the matter. A TDN report on the hearing can be read here.

“I’m happy with the decision—mostly importantly for Justify. He is a great horse and deserves his undefeated record,” said Bob Baffert, trainer of both horses, in response to the decision.

In a 10-page ruling, the stewards framed the decision as one that came down to the following: “Whether, at the times of the races, Scopolamine was a class 3 or a class 4 prohibited substance as classified by the CHRB.”

Boiled down to its component parts, the decision circled two main CHRB rules: rule 1843.2, regarding drug classifications; and rule 1859.5, regarding disqualifications following a positive test.

The evidence as to what class of substance Scopolamine was listed in April, 2018, when the two horses competed, was “conflicted,” the stewards admitted.

“At the time of the races in April of 2018 the CHRB rules considered Scopolamine a class 3 prohibited substance,” the decision states. In California, class 3 drug positives trigger automatic disqualification of horses, regardless of trainer intent or culpability.

The CHRB, however, based its rules on the Association of Racing Commissioners International (ARCI) guidelines. The ARCI Uniform Guidelines for Foreign Substances was changed in December of 2016 to list Scopolamine as a class 4 substance.

“If this change in the ARCI Guidelines were to prevail in the interpretation of the 2018 version of rule 1843.2, then the disqualification of the two horses would not be necessary as the prohibited substance would not fall into a class 1-3 category,” the stewards’ decision states.

The slow-moving wheels of California administrative law, however, meant that the CHRB hadn’t formally adopted ARCI’s guidelines at the time of the two races.

At a CHRB board meeting on Aug. 23, 2018, the CHRB finally voted to adopt a rule amendment which formally changed Scopolamine from a class 3 to a class 4 prohibited drug, which wouldn’t require disqualification.

The CHRB, however, must formally adopt a rule change to 1843.2 before any changes in drug substances become effective, the stewards’ decision states. As such, “It is the Stewards’ opinion that had this Board of Stewards heard the Justify and Hoppertunity complaints prior to Aug. 23, 2018, both horses would have been disqualified,” the decision states.

Crucially at that same meeting on Aug. 23, however, the attending commissioners voted in executive session not to move forward with charges in the Justify matter, heeding the advice of former CHRB executive director Rick Baedeker and Rick Arthur, CHRB equine medical director.

For one, the CHRB knew at that time that the ARCI had changed its classification guidelines to reflect that Scopolamine was now a class 4 prohibited substance, the stewards’ decision states.

Secondly, “Dr. Rick Arthur was of the opinion that the Scopolamine found in Justify and Hoppertunity, as well as five other horses tested in April and May 2018, was the result of environmental contamination and that the matters should be dismissed. He believed it was the right thing to do,” the decision states.

Furthermore, “Testimony by Dr. Arthur indicated that he felt the change in the ARCI Guideline Classifications for Scopolamine from a class 3 to a class 4 in December of 2016 was sufficient enough for him to consider the rule amended because the rule changing process in California is cumbersome and inefficient,” the stewards’ decision adds.

“Even if this panel were to disagree with the CHRB’s decision to dismiss these matters or the way the CHRB handled the situation, it cannot be argued that the CHRB lacked the authority to do so,” the decision states. “The law specifically allows such actions to take place and the CHRB followed the law.”

Following the law the CHRB may have, but the lack of transparency with which the whole matter was handled has eroded public trust in the board, as Arthur feared at the now infamous executive session in August of 2018.

That day, Arthur warned of a perceived lack of transparency should the CHRB fail to go public with the decision, the stewards write. A little more than a year later, the New York Times published its explosive story which confirmed Arthur’s fears as it pulled back the curtains on the board’s inner workings.

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Early Estimate: Over $140,000 Raised Through New Vocations Breeders’ Cup Pledge

New Vocations Racehorse Adoption Program announced today that the early estimate of funds raised during their annual Breeders' Cup Pledge will be more than $140,000. Authentic's win in the Longines Breeders' Cup Classic was one of seven winning pledges during the event; Authentic's connections, all of whom pledged, include owners Spendthrift Farm, Starlight Racing, Madaket Stables and MyRacehorse as well as trainer Bob Baffert.

Additional pledges and final donations are still being received, but the program is thrilled with the overwhelming support of the fundraiser. This marks the Pledge's 11th year, with over $790,000 raised since 2009 and 100 percent of funds going directly to support the program's rehabilitation, retraining and rehoming efforts.

“We are truly thrilled with the increased participation for this year's Pledge,” said Anna Ford, New Vocations Program Director. “All of our other fundraising events had to be cancelled this year, so more than ever, we needed the Pledge to be successful and raise funds. To have seven pledged contenders win was incredible. We are very grateful for the support from all the generous owners and trainers who joined the Pledge. All of the funding raised will go directly to support our program and will allow us to serve the increasing number of horses needing aftercare.”

A total of 50 Championship contenders with prominent connections pledged a percentage of their Breeders' Cup earnings.  Pledge participants included Albaugh Family Stables, Bass Stables, Bethlehem Stables LLC, Bob Baffert, Breeze Easy LLC, China Horse Club Inc, CJ Thoroughbreds, Michael Dubb, Eclipse Thoroughbred Partners, eFive Racing, John and Diane Fradkin, Gatsas Stables, Tim Hamm, Harrell Ventures LLC, Head of Plains Partners LLC, Heider Family Stables, R.A. Hill Stables, Michael Hui, Klaravich Stables, Robert V. LaPenta, LNJ Foxwoods, Madaket Stables LLC, Richard Mandella, Maximum Security/Coolmore, Michael McCarthy, Peter Miller, Monomoy Stables, H. Graham Motion, MyRacehorse Stable, Todd Pletcher, Repole Stable, River Oak Farm, Kirk and Judy Robison, Sackatoga Stable, Domenic Savides, SF Racing LLC, Siena Farm, Jack Sisterson, Spendthrift Farm, Starlight Racing, Stonestreet Stables, Damon Thayer, The Elkstone Group LLC, Three Diamonds Farm, Wertheimer et Frere and WinStar Farm.

Read more here.

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Congaree Euthanized at Valor Farm

Edited Press Release, Vicky Van Camp, author

Congaree (Arazi–Mari’s Sheba, by Arazi), a Grade I winner at seven, eight, nine and 10 furlongs, was euthanized due to the infirmities of old age Nov. 22, according to a release from Valor Farm in Texas. He was 22 years old.

Congaree was owned and bred by the late Robert McNair and his wife Janice’s Stonerside Farm and barely survived his foaling, weighing in at a sizeable 152 pounds, suffering several broken ribs in the ordeal.

Eventually put into training with Bob Baffert, Congaree won the 2001 GII Wood Memorial S. and was third in the GI Kentucky Derby after setting a blistering pace. His one-mile split remains the second-fastest in the history of the race. Third to his stablemate Point Given (Thunder Gulch) in the GI Preakness S., Congaree would go on to win the GI Swaps S. later that season. The chestnut added a second Grade I in the 2002 GI Cigar Mile H., and after missing by a head in the 2003 GI Santa Anita H., cut back to seven furlongs to annex the GI Carter H. He defeated Harlan’s Holiday by three lengths in the GI Hollywood Gold Cup over a mile and a quarter and became the only two-time winner of the Cigar Mile later that year, scoring by 5 1/4 lengths. He was one of just a handful of horses retained by the McNairs after they sold the majority of their Thoroughbred holdings and farm to Sheikh Mohammed in 2008.

Initially retired to Adena Springs, Congaree was later transferred to New York and ultimately Texas. He is the sire of 13 stakes winners to date, six at the graded level, includine Grade I winners Jeranimo, Don’t Tell Sophia and Killer Graces.

“Congaree was such a special horse,” said Janice McNair. “I am so grateful for all the many happy memories Congaree gave us. He was so unique, and had the most loving personality. He was a delight to be around, and it was always such a thrill to watch him run. Congaree was truly the horse of a lifetime for us.”

Added John Adger, longtime advisor to the McNairs: “Congaree was the epitome of what we hoped to accomplish with the Stonerside breeding program. It was fitting he

was our first Grade I homebred, as his dam and granddam were part of the purchase of the Elmendorf broodmare band of Jack Kent Cooke in 1997–an acquisition we considered the cornerstone of the breeding program. Congaree, in fact, earned back nearly the entire cost of that investment with his race

earnings. He always gave 100% in every race. He was an Eclipse Award finalist three times–Horse of the Year, Champion Sprinter, and Champion Older Horse.”

Congaree has been laid to rest in the cemetery at Valor Farm, shared by many of the great horses owned and raced by the Scharbauer family. Doug Scharbauer purchased Valor Farm from the estate of his late father Clarence in 2016.

WATCH: Congaree wins his second consecutive Cigar Mile in 2003

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