Maximum Security Just Gets Up in Dramatic San Diego Return

It’s never easy being the hunted.

Making his first start since the federal indictment of his former trainer Jason Servis and sent out for the first time by trainer Bob Baffert, Eclipse Award winner Maximum Security (New Year’s Day) looked destined for defeat in Saturday’s GII San Diego H. But the 4-year-old, last seen winning the $20-million Saudi Cup nearly five months ago, overcame some aggressive race riding and perhaps some ring-rustiness to grab Midcourt (Midnight Lute) to take it by a nostril.

Given a positive ride from the gates by Abel Cedillo, subbing for Luis Saez, Maximum Security led passing under the wire, but Victor Espinoza on Midcourt \was clearly intent on making the lead and Cedillo allowed him to do so rounding the turn. No sooner had that happened when Flavien Prat aboard Higher Power (Medaglia d’Oro) decided to up the ante, sending his mount quickly up outside of the favorite to put him in a pocket at the six-furlong peg. Steadied at that point, Maximum Security lost a couple of lengths and was ultimately steered into the clear, but he was under a ride with fully four furlongs to race, looking to have it all to do. Nevertheless, Maximum Security continued to grind away and was more or less on even terms as they hit the top of the lane. It looked as if he might edge clear, but Midcourt–in receipt of five pounds–boxed on gamely inside, only to be on the wrong end of the photo finish.

Winner of the GI Florida Derby and GI Haskell Invitational S. either side of his GI Kentucky Derby demotion, Maximum Security missed the GI Travers S. and GI Pennsylvania Derby, but would go on to defeat older rivals in the GIII Bold Ruler H. and in the GI Cigar Mile H., earning him the Eclipse. Connections elected to skip the GI Pegasus World Cup in January in favor of the Saudi Cup and he proved equal to the task, calling upon his determination to account for another Midnight Lute offspring–namely, champion Midnight Bisou–by three-parts of a length.

Maximum Security’s dam was acquired by Gary and Mary West for $80,000 in foal to Pioneerof the Nile at Keeneland November in 2014 and was sold to Korean interests for $11,000 carrying a full-sibling to the then unraced 2-year-old Maximum Security, who would make a victorious debut in a maiden $16,000 claimer about six weeks later. Lil Indy and her weanling Korean-bred full-sister to Maximum Security were acquired and returned to the U.S. and prepared for last year’s Keeneland November sale. Lil Indy fetched $1.85 million in foal to Quality Road, while the weanling was bought back on a bid of $190,000. Lil Indy, a half-sister to MGISW Flat Out (Flatter), produced a colt by Quality Road Apr. 23.

Saturday, Del Mar
SAN DIEGO H.-GII, $150,000, Del Mar, 7-25, 3yo/up, 1 1/16m, 1:44.54, ft.
1–MAXIMUM SECURITY, 127, c, 4, by New Year’s Day</strong
                1st Dam: Lil Indy, by Anasheed
                2nd Dam: Cresta Lil, by Cresta Rider
                3rd Dam: Rugosa, by Double Jay</strong
O-Gary & Mary West, Mrs. John Magnier, Michael B. Tabor &
Derrick Smith; B-Gary & Mary West Stables Inc. (KY); T-Bob
Baffert; J-Abel Cedillo. $90,000. Lifetime Record: Ch. 3yo
Colt & MGISW-US, 11-9-1-0, $11,891,900.
Werk Nick Rating: A.
Click for the eNicks report & 5-cross pedigree.
2–Midcourt, 122, g, 5, Midnight Lute–Mayo On the Side, by
French Deputy. ($450,000 Ylg ’16 KEESEP). O-C R K Stable LLC;
B-Dixiana Farms LLC (KY); T-John A. Shirreffs. $30,000
3–Higher Power, 122, h, 5, Medaglia d’Oro–Alternate, by
Seattle Slew. ($250,000 4yo ’19 KEEAPR). O-Hronis Racing LLC;
B-Pin Oak Stud, LLC (KY); T-John W. Sadler. $18,000.
Margins: NO, 6 1/4, 1 1/4. Odds: 0.40, 6.00, 3.50.
Also Ran: Ax Man, Combatant. Scratched: Sharp Samurai
Click for the Equibase.com chart, the TJCIS.com PPs or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by Fasig-Tipton.

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CHRB Votes to Settle Justify Santa Anita Derby Case

Mick Ruis has announced that he has reached an agreement in principle with the California Horse Racing Board regarding a settlement of pending litigation in Los Angeles County Superior Court.

The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 GI Santa Anita Derby, in which the first-place finisher and subsequent Triple Crown winner, Justify, tested positive for the prohibited substance scopolamine. Bolt d’Oro, owned and trained by Ruis, finished second.

Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days, according to a press release from Ruis’s attorney, Darrell Vienna.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing.

CHRB spokesperson Mike Marten said, “Mick Ruis’ lawsuit against the California Horse Racing Board (CHRB) is still active, ongoing litigation. At this point, no settlement has been signed, and because it is ongoing litigation, the CHRB has no further comment.”

The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify’s connections.
CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a class 1-3 prohibited substance regardless of the trainer’s responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor’s intention to ‘hold the group accountable on matters of drugs, safety, and integrity.’ It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” Ruis said.

Ruis continued, “This legal action was never just about the purse money, I wanted to stand up for what’s right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally. I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

“It has been a pleasure to work with Mr. Ruis,” Vienna said. “He is an individual who truly believes and has proven
that one man can make a difference. We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Vienna told TDN that the agreement would be “in exchange for the dismissal of the entire litigation,” including any possible damages.

Vienna added that a separate hearing under the trainer “insurer rule” would provide Baffert “an opportunity to clearly prove whether or not this was environmental contamination.”

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CHRB To Hold Hearing On 2018 Justify Scopolamine Positive As Part Of Settlement With Bolt d’Oro Owner

The following press release was distributed to media Friday by Darrel Vienna, counsel for owner Mick Ruis:

Mick Ruis announced today that he has reached an agreement in principle with the California Horse Racing Board (CHRB) regarding a settlement of pending litigation in Los Angeles County Superior Court. The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 Santa Anita Derby in which the first place finisher, Justify, tested positive for the prohibited substance scopolamine. Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing. The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify's connections. CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a Class 1 – 3 prohibited substance regardless of the trainer's responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor's intention to 'hold the group accountable on matters of drugs, safety, and integrity.' It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” said Mick Ruis, the owner of Bolt d'Oro, who finished second in the 2018 Santa Anita Derby.

The prior CHRB departed from its standard procedures when it refused to file a complaint following the split sample confirmation of scopolamine in Justify's official sample. The prior CHRB swept the Justify matter under the rug by dismissing the matter in a closed session in August of 2018 where it remained until Joe Drape uncovered the scandal in an article published in the New York Times in September of 2019.

“This legal action was never just about the purse money, I wanted to stand up for what's right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally” Ruis said. “I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

Ruis is represented by attorneys Darrell Vienna and Carlo Fisco.

“It has been a pleasure to work with Mr. Ruis. He is an individual who truly believes and has proven that one man can make a difference,” said Vienna. “We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Carlo Fisco added “This decision was a no-brainer for the CHRB,” added Fisco. “It's very encouraging for racing in California to see this new board being able to make the obvious and positive move, a task that the old board found to be, for some unknown reason, too daunting.”

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Maximum Security Makes Belated California Debut in San Diego H.

Eclipse Award winner Maximum Security (New Year’s Day) makes his first start for trainer Bob Baffert and first since the federal indictment of former trainer Jason Servis in Saturday’s rescheduled GII San Diego H. at Del Mar.

The homebred was a two-time Grade I winner during his championship campaign in 2019, taking the GI Florida Derby and GI Haskell Invitational S. around his disqualification from an apparent victory in the GI Kentucky Derby. He proved his versatility and did what no other horse of his generation could at the tail end of the campaign, defeating elders in the GIII Bold Ruler H. over seven furlongs and the GI Cigar Mile H. last December. Connections elected to pass on the GI Pegasus World Cup in favor of the inaugural $20-million Saudi Cup Feb. 29, where he gamely held off Midnight Bisou (Midnight Lute). With regular rider Luis Saez unable to leave Saratoga, Maximum Security–the 127-pound highweight–gets the services of Abel Cedillo.

Higher Power (Medaglia d’Oro) is in receipt of five pounds from the favorite and looks to take his record to a perfect two-for-two at Del Mar. After fetching $250,000 from Hronis Racing during the horses-of-racing-age section of the 2019 Keeneland April sale, the bay romped in the GI Pacific Classic before rounding out the triple in the GI Awesome Again S. and the GI Breeders’ Cup Classic. Racing without Lasix as the 14-5 chalk in the Pegasus, he finished a tailed-off 10th, but bounced back with a strong runner-up effort to ‘TDN Rising Star’ Improbable (City Zip) in the June 6 GI Gold Cup at Santa Anita.

Combatant (Scat Daddy) won four races and was multiple graded-placed for Steve Asmussen and Winchell Thoroughbreds and Willis Horton before being acquired by Hronis for $220,000 at KEENOV last fall. Third to Midcourt (Midnight Lute) in the GII San Pasqul S. Feb. 1, he was the narrow winner of the GI Santa Anita H. Mar. 7 and a latest 10th in the GII Oaklawn H. He is cross-entered for Sunday’s GII Eddie Read S. on the turf.

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