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Trainer Mullins Suspended, Fined for Clenbuterol Positive in Del Mar Winner

Trainer Jeff Mullins has been suspended 30 days and fined $1,500 as the result of a “settlement agreement and mutual release” with the California Horse Racing Board (CHRB) to adjudicate a clenbuterol positive triggered by one of his winning trainees at Del Mar last summer.

The conditions of the agreement call for Mullins to serve 15 days of the suspension, with the remaining 15 days conditionally stayed.

The stewards' ruling, dated Jan. 7, stated that Mullins is “placed on probation for ONE YEAR from the date of this ruling and may not have any violation of CHRB Rules and Regulations…regarding Class I, II or III drug substances. The term of suspension shall be from Jan. 9, 2023, through Jan. 23, 2023. If JEFF MULLINS violates a condition of the probation, FIFTEEN DAYS of stayed suspension shall be imposed following a notice and hearing.”

The positive for clenbuterol (a bronchodilator), which under CHRB rules is a Class 3, Penalty Category B violation, occurred in the gelding Inch (Violence), who won a $50,000/NW3L starter-allowance grass sprint Aug. 25.

Daily Racing Form's Steve Andersen reported that during the suspension, Mullins's son, Jeff Jr., will be the official trainer.

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CHRB Spat Erupts Over Ferndale’s Future

In the wake of a recent embezzlement arrest and a spate of resignations by Humboldt County Fair Association executives, California Horse Racing Board (CHRB) commissioner Thomas Hudnut on Thursday questioned whether or not the Northern California half-miler better known as Ferndale would be able to operate its traditional late-August race meet in 2023.

Jim Morgan, the legal counsel for the Humboldt County Fair, immediately provided assurances that Ferndale's racing would not be affected by the in-process criminal audit and management shakeup.

And another CHRB member, vice chair Oscar Gonzales, quickly leapt to Ferndale's defense, accusing Hudnut of delivering a “low blow” simply for making his query about the fair's level of financial and management fitness.

That testy exchange evolved out of a seemingly routine agenda item during the Dec. 15 monthly meeting.

Back in October, the CHRB voted in a 2023 race dates calendar for NorCal that largely mirrored the framework from the 2022 schedule.

The lone exception was that the board held off on a decision on whether Ferndale would once again have to run its second of two weeks of racing against overlapping competition from the commercial licensee Golden Gate Fields.

The CHRB was prepared to decide that issue on Thursday. But the license applicants jointly requested another month to try to reach a compromise so commissioners wouldn't have to impose one. A chief issue relates to stabling.

But since that last CHRB meeting, Ferndale police on Nov. 15 arrested the fair association's bookkeeper, Nina Tafarella, on charges of having embezzled from the fair and another nonprofit.

Then on Dec. 5, Rich Silacci, the fair association's general manager, abruptly resigned from his position. He claimed that his stepping down was unrelated to the embezzlement arrest, and that he had already made his decision beforehand based on being burned out from the job.

According to a Dec. 6 story in the California-based news outlet North Coast Journal, “the fair's books are currently being audited for evidence of embezzlement. Three long-time directors with the fair association have also stepped down in the last few weeks, leaving four open board positions.”

The Journal wrote that according to Silacci's final report to the board, auditors are still reviewing several years' worth of transactions, but the association's bank statements show a healthy balance of 'just over a million dollars,' which is close to or ahead of where the balance stood the prior year.

“Given the disarray at the Humboldt County Fair that we've read about in the press of late, is Humboldt County going to be able to mount a fair next summer?” Hudnut asked.

“Is it going to have sufficient personnel?” Hudnut continued. “And maybe should Humboldt take the year off from horse racing?”

Morgan replied, “The answer is, we'll handle the disarray. I'm not sure of the extent of the issue once it shakes out. Humboldt is committed to have a fair this year, next year, and every year.

“Members did resign, yes,” Morgan explained. “And the general manager, that position is going to be up for renewal with a new individual. But the fair is functional and they're ready to move forward.”

Hudnut said he trusts that next month Morgan will be able to back up those assurances with a more detailed plan for Ferndale's race meet, especially considering the board still has to vote on how to handle the potential dates overlap with Golden Gate.

“Until otherwise, I will be skeptical of Humboldt's ability to carry on effective racing next summer,” Hudnut said.

Gonzales then spoke up.

“I don't think it's all that fair to ask whether Humboldt is prepared to race,” Gonzales said. “Of course they're prepared to race. There's been some growing [pains].

“The TOC just had some turmoil in their organization not that long ago,” Gonzales continued, obliquely referencing the resignations earlier this year of both the Thoroughbred Owners of California president and a board member. “I don't see anybody asking whether the TOC is fit to represent.

“All organizations have some ups and downs. This is horse racing. And I don't appreciate those low blows there,” Gonzales said, directing his remarks to Hudnut.

“I resent that,” Hudnut retorted. “I don't think they're low blows when you ask legitimate questions about what's been in the press.”

Gonzales replied, “They're fit to race, and they just need some time to sort some things out. That's all.”

Chairman Gregory Ferraro, DVM, then stepped in to stem the spat.

“I don't think it's unreasonable to ask them to address the issues next month, to tell us what the status is,” Ferraro said, declaring that the discussion is to be placed on the January agenda.

In conclusion, Morgan underscored that “Humboldt's clearly addressing the issues and resolving them. And I'm optimistic that we will solve it, and be a participant with live racing for many years to come.”

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Baltas Suspended a Year, Fined $10,000 for Alleged Medication Violations

Trainer Richard Baltas is facing a one-year suspension and a $10,000 fine for the alleged race-day administration of substances to his horses 21 times over roughly a three-week span this past spring at Santa Anita Park, according to a ruling posted Friday on the California Horse Racing Board (CHRB) website.

Baltas told Daily Racing Form that he's “terribly disappointed” and plans to appeal.

In a bit of an odd legal twist, timing-wise, Baltas is already engaged in a legal fight with the CHRB over essentially these very same allegations.

Back on Aug. 17, some 3 1/2 months before the Dec. 2 ruling was even issued, Baltas sued the CHRB, its commissioners, and executive director for at least $12 million in damages, claiming that the CHRB “destroyed” his reputation by issuing the 47-count complaint that led to Friday's ruling.

That lawsuit stated the CHRB allegedly violated Baltas's civil rights and kept materials from him that were related to the accusations, “thereby forcing Baltas to proceed with information and documents that are being withheld and concealed from him…”

The CHRB's original June 21 complaint stated that “Between the dates of 4/15/2022 to 5/8/2022, 23 horses trained by RICHARD BALTAS were administered a substance on days they were entered into races. Surveillance video captured all administrations by employees of BALTAS's barn. The substance was analyzed by University of California, Davis, who reported the presence of Higenamine and Paenol.”

The Dec. 2 ruling stated that Baltas's suspension will run from Dec. 9, 2022, to Dec. 8, 2023, for allegedly violating the following CHRB rules: #1887 (Trainer to Insure Condition of Horse), #1902 (Conduct Detrimental to Horse Racing), and #1843.5 (Medication, Drug, and Other Substances Permitted After Entry in a Race).

More specifically, Baltas was cited for “Oral administrations of 'X-Treme Air Boost' and other substances on race day.” (While the original complaint listed “23 horses,” the ruling stated “21 counts”).

Back when the complaint was issued nearly a half-year ago, Baltas's lawsuit stated that, “None of the counts in the CHRB Complaint are valid, and each of them reflect a malicious intent by the Defendants.”

Baltas has not started a horse since July 15, at Lone Star Park.

His lawsuit stated that on May 10, “Aidan Butler, [acting] on behalf of Santa Anita, notified Baltas that he was prevented from entering any horses at Santa Anita.”

On June 22, 2022, the CHRB filed an ex parte application with the stewards at Los Alamitos Race Course to refuse the entry of two horses trained by Baltas, the lawsuit stated.

The stewards at Los Alamitos summarily denied these two entries “without a hearing or any form of due process,” the lawsuit stated. “The denial constituted a de facto summary suspension.”

Ballas then sent stock to compete at Churchill Downs. But, according to his lawsuit, track management there “issued a de facto suspension…a decision made, once again, without any due process.”

In July, in the wake of the CHRB complaint, a Los Angeles Superior Court Judge denied a request by Baltas to order the CHRB to allow him to enter horses in the state.

Baltas's lawsuit gave the following timeline of events regarding the allegations:

“Baltas had a horse called Noble Reflection scheduled to run in the 10th race at Santa Anita Park on May 8, 2022. A few hours before the race, one of Baltas's employees were seen on videotape administering an oral dose syringe into the horse's mouth.

“A syringe was subsequently recovered from a feed bag that was tested and had allegedly traces of Higenamine and Paeonol, which are organic liquids that are found naturally in Chinese herbs. Notably, after Noble Reflection was scratched from the race, it was tested and the test results were 'clean,' and neither Higenamine nor Paeonol were found in the horse,” the lawsuit stated.

“Based on the film footage of Noble Reflection…on May 10, 2022, the Santa Anita and/or the CHRB and its agents went back retroactively to review videotaped footage of Baltas's horses from April 15, 2022, up through May 8, 2022, and allegedly saw 22 horses trained by Baltas receiving an orally administered liquid that they contend was X-Treme Air Boost, which is a product advertised for use in horses in the Santa Anita Condition Book,” the lawsuit stated.

“Unlike the situation with Noble Reflection, there was no syringe found in the other 21 instances to be tested. Instead, the CHRB assumed the substance in the other 22 cases going back to April 15, 2022, was the same that was found in or on the outside of the syringe found on May 8, 2022. None of the 21 horses that raced ever tested positive for a Controlled or Prohibited Substance,” the lawsuit stated.

“The CHRB has never explained its decision for going back in time to find violations in the past, and its conduct demonstrates that they and/or the Defendants herein intended to target Baltas to find as many violations as possible. Such conduct demonstrates malice and oppression on the part of the CHRB and its Agents,” the lawsuit stated.

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Hollendorfer Writs Denied in CHRB Case

The Superior Court of San Diego judge hearing the case between trainer Jerry Hollendorfer and the California Horse Racing Board (CHRB) has denied both writs of mandate filed by the trainer.

The two writs constituted a twisty legal knot essentially surrounding which entity–the tracks or the agency regulating California's racing industry–had the ultimate jurisdiction to bar the trainer from licensed premises in the state, a hearing for which was held on Oct. 8.

According to Hollendorfer's attorney, Drew Couto, both decisions are appealable, “and those decisions are under consideration.”

The TDN reached out to the CHRB for comment and will update as necessary.

This whole legal saga began when The Stronach Group (TSG) barred Hollendorfer from its facilities after six of the trainer's horses were catastrophically injured between December 2018 and June 2019 at Golden Gate Fields and Santa Anita, a time when the latter track experienced a well-publicized spike in equine fatalities during an unusually wet spell.

This past July, Hollendorfer reached a settlement with TSG-controlled subsidiary owners of Santa Anita Park and Golden Gate Fields, the details of which have not been publicly disclosed.

Hollendorfer has not raced or trained at TSG-owned facilities since that June 2019 exclusion.

The first of the two writs concerned the race meet agreement (RMA) inked between the tracks and the California Thoroughbred Trainers (CTT).

Hollendorfer had claimed that the CHRB “abused its discretion” by voting to deem the RMA in place when the trainer was initially barred from Santa Anita “expired” and “incapable of repetition” when it came to Hollendorfer's later actions through the CTT–namely, when Del Mar attempted to bar Hollendorfer from its grounds in the summer of 2019, and again later that fall when the trainer tried to enter horses at Santa Anita.

In a minute order dated Nov. 22, judge Ronald Frazier denied this first writ on grounds that Hollendorfer “lacks standing” to bring the petition.

“Any complaint alleging a violation of an RMA may only be filed by one of the contracting entities – that is, the horsemen's organization (here, CTT) or the racing association (here, LATC and PRA),” wrote Frazier.

In the second writ, Hollendorfer argued that the CHRB through its board of stewards wields the ultimate right to refuse a trainer's entries, and not the individual racing association. As such, he sought to “compel” the CHRB “to perform its mandatory ministerial” duties in deciding through a hearing whether the trainer should be able to race at Santa Anita and Golden Gate.

Frazier wrote that the court has “reviewed the lodged records and considered the arguments of counsel, and finds Petitioner has not sufficiently demonstrated a hearing was required pursuant to Business and Professions Code section 19573.”

In pre-hearing briefs, Hollendorfer also questioned the impartiality of the CHRB in adjudicating his case, citing email communications and deposition testimony from former board members that appeared to betray favorable attitudes towards TSG's actions against the trainer.

Frazier pushed back against those claims, writing that “regardless of the existence or non-existence of the alleged biases and conflicts of interest, Petitioner has failed to demonstrate they influenced or impacted Respondent's investigations in any way.”

Hollendorfer's case against the Del Mar Thoroughbred Club is ongoing.

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