Churchill Downs Immediately Suspends Baffert From Entering Horses

In the wake of the revelation from trainer Bob Baffert on Sunday morning that Kentucky Derby winner Medina Spirit has tested positive for betamethasone, a corticosteroid, Churchill Downs has immediately suspended the trainer from entering horses at the Louisville, Ky., track.

This is the second consecutive year that a Baffert runner has been involved in a post-race drug test controversy. In 2020, eventual female sprint champion Gamine was disqualified from a third-place finish in the Kentucky Oaks after testing positive for the same drug detected in post-race testing of Medina Spirit.

Churchill Downs officials issued the following statement on Sunday:

“It is our understanding that Kentucky Derby winner Medina Spirit's post-race blood sample indicated a violation of the Commonwealth of Kentucky's equine medication protocols. The connections of Medina Spirit have the right to request a test of a split sample and we understand they intend to do so. To be clear, if the findings are upheld, Medina Spirit's results in the Kentucky Derby will be invalidated and Mandaloun will be declared the winner.

“Failure to comply with the rules and medication protocols jeopardizes the safety of the horses and jockeys, the integrity of our sport and the reputation of the Kentucky Derby and all who participate. Churchill Downs will not tolerate it. Given the seriousness of the alleged offense, Churchill Downs will immediately suspend Bob Baffert, the trainer of Medina Spirit, from entering any horses at Churchill Downs Racetrack. We will await the conclusion of the Kentucky Horse Racing Commissions' investigation before taking further steps.”

Baffert said on Sunday that Medina Spirit and a second horse, Rebel Stakes winner Concert Tour, will be entered in Saturday's Preakness Stakes, second leg of the Triple Crown, at Pimlico race course in Baltimore, Md.

Craig Fravel, CEO of Racing Operations for The Stronach Group, said company officials would not have an immediate statement while they gather information on the situation.

Baffert currently has no horses entered to race at Churchill Downs. He won with two starters on Saturday.

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‘Maybe It’s A Good Thing’: Derby Trainers Unconcerned About This Year’s Lasix Rules

The general consensus around the Churchill Downs backstretch this week has been that requiring hopefuls on the Road to the Kentucky Derby to race without Lasix has not been a major hindrance for the year's 3-year-old crop. 

Precisely half of this year's Kentucky Derby field has never raced on Lasix, while all 20 entrants completed their final prep without the diuretic medication, which aids in preventing exercise-induced pulmonary hemorrhage (EIPH) in racehorses. 

“This may not be a popular opinion,” warned David Carroll, assistant to dual Hall of Fame trainer Mark Casse. “I was pro-Lasix, but having seen that now, you know what, maybe it's a good thing. Maybe no race-day medication is a good thing. I think a lot of things we do, we're creatures of habit, and we have a tendency to do things because that's the way we've always done it, not the way it's meant to be, and not what's best for the horse.”

“I would say it's an individual thing,” said two-time Kentucky Derby-winning trainer Doug O'Neill. “And in an ideal world, if the horse doesn't have any kind of tendency to have any kind of nosebleed, running without Lasix, they do seem to come out of the races with more energy, and they get back to their normal exercise energy quicker. So they recover quicker, I think, without Lasix.”

Many trainers spoke out against the restriction of Lasix use for years before a ban was implemented for 2-year-old runners in many jurisdictions last year. Now, both the Triple Crown series and the Breeders' Cup Challenge series, as well as the World Championship races themselves, are all scheduled to be conducted without race-day Lasix. In several jurisdictions, all graded stakes races will be held Lasix-free.

“It's something, I think, we all in this sport kind of knew it was coming,” O'Neill said. “Just – if you look around the world, most of the big races around the world are run Lasix-free. So as much as I was apprehensive, like I think a lot of horsemen were and are, I think the longer we've done it, the more able to – I've been able to adjust.”

Some trainers have altered their pre-race and pre-workout regimens, while others say they have not.

“Obviously last year we started with the 2-year-olds not being on Lasix, so we really didn't do anything particularly different with them at all,” said Carroll. “From a personal perspective, we had a few that showed some traces (of EIPH), but no bad cases.”

“We have a little bit different diet leading up to works and races,” O'Neill said. “Just, we're more thoughtful of not having much in their stomach for exercise, which probably, we should have been thinking of that. Anyways, so just try to have them a little bit more light going into their works and races. It's definitely been something that we've been more conscientious of with no Lasix.”

While the majority of this year's Kentucky Derby trainers agreed that the Lasix ban wasn't harmful to the current 3-year-old crop, they remain concerned about requiring older horses, those who are used to running with Lasix, to now race without it.

“I think with this particular crop, for my cohort, it's not been an issue,” said Hall of Fame nominee Todd Pletcher. “I can't speak for everyone else, but I think some of the bigger concerns are around older horses that maybe have been running on Lasix for three, four, five years and then have to come off with it. But bleeding can be an issue for horses, with or without Lasix.”

“You have some horses that struggle with that,” echoed John Sadler. “I've had some older horses, and I have to say no more stakes for them. They've got to run in the easier races. They weren't capable of running without Lasix.”

“I do feel bad for the horses who have been racing on it for years, and now have to stop,” Carroll concluded. “For older horses now that have been racing on it for the last three to four years, I think that's really hard. I wish they'd made it more of a progression.”

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Voss: ‘I Love Horses’ Only Takes You So Far

I think it's fair to say that most people in the racing industry were disgusted when they read the federal indictments last March of 27 people, including trainers, veterinarians, and drug makers. The very first person from that group of 27 was sentenced this week to 18 months in prison after pleading guilty to one count of drug adulteration and misbranding.

I've reported on companies affiliated with Scott Robinson for several years now, and I had reason to suspect the conditions under which he and his co-conspirator Scott Mangini made illegal drugs were poor. Even I was surprised at some of the details in court documents filed around his sentencing, and I don't think I've been so horrified by a legal document since the original indictments.

The pre-sentencing report filed by the prosecution is littered with strong language about Robinson's involvement in peddling products designed to act as performance enhancing drugs (PEDs) or as substitutes for more expensive prescriptions. Possibly the most upsetting part of the document, which you can read here, was intercepted messages between Robinson and Mangini describing issues Robinson was seeing with products headed off for sale. Robinson describes “blood building peptide has black particles” floating in it, and a bug floating in a bottle which was “crimped,” suggesting it was a bottle of injectable product. Despite these quality concerns, Robinson kept selling the stuff, and presumably, his customers kept injecting it.

In case you wondered, as I did, what happens when you inject a product that's contaminated with bugs and other solids into a horse's muscle or vein, safe to say it's not a pretty picture. Solid particles would travel with an injected substance through a horse's veins, through the heart's atrium and ventricles, and via the aorta to the body. The vessels and capillaries it would travel through on its journey get gradually smaller, some as small as six to eight microns. The smallest particles visible to the naked eye are around 40 microns, so anything of that size will likely be stuck somewhere. In humans, the trapping of a solid particle somewhere in the circulatory system is known to cause anaphylactic shock, pulmonary embolisms, heart attacks, vein irritation, and death. If a horse in this situation is very unlucky, tissues would slowly die as they become unable to receive proper blood flow and oxygen. It's a painful experience for the animal.

According to one testing expert I spoke with, the reaction could be instant or it could take enough time that someone may not connect the horse's death to the injection it received. That likely means we won't know how many horses may have been sickened or killed by the products Robinson peddled.

Robinson's attorneys, of course, did their best to minimize the amount of time he would spend in prison after entering his guilty plea. That's their job. Prosecutors were pushing for the maximum sentence of 60 months, and defense counsel asked for 0 months. The judge landed on 18 months, which Robinson will begin serving later this year. One of the arguments made in support of Robinson grossed me out even more than his dismissive responses to concerns about the safety of his products – his attorneys suggested the judge should go easy on him, in part, because of how much he loves horses.

The defense pre-sentencing report, which you can read here, summarized character references provided by friends and family of Robinson. More than one discussed Robinson's disdain for mistreatment of animals, particularly racehorses.

“From my three years of work with Mr. Robinson, I have become aware of his great knowledge of and love for racehorses,” wrote his psychiatrist, Dr. Ronald E. DeMao. “Horses and horse racing have literally 'been his life.' It is inconceivable to me that he would ever do anything to intentionally harm a horse. In fact, he has developed products to aid in the physical health and rehabilitation of horses. I have heard him speak in very pejorative terms about others who 'dope' or harshly train racehorses.”

Writing of his “genuine concern for the way some horses are treated,” regenerative medicine physician Dr. Michael Heim said: “A story that has always struck me in a powerful way is Scott's description of a practice in horse racing called bleaching which, to the best of my knowledge, is when a horse is injected intravenously with bleach in order to improve physical performance for a short time but at an obvious cost to the horse's health. Scott has described to me how he has been able to spot such horses in a deteriorated state, purchase them, and subsequently nurse them back to health. As an animal lover, I find any practice such as bleaching to be detestable and applaud Scott's efforts to help even a single horse regain health.”

I'm left wondering whether, in his concern for racehorse welfare, Robinson ever reported to a racing commission, law enforcement, or the FDA people he thought were injecting bleach into horses. Or did he think that might be a bit hypocritical?

I don't find the notion of sentimentality over horses very compelling when it's coming from someone pleading guilty to the acts described here, or in the federal indictment. “I love horses,” will not save you if you have a hand in hurting them.

The prosecution evidently didn't find this part of Robinson's argument compelling, either.

“The claim in one such letter that Robinson “spoke in very pejorative terms about others who 'dope' racehorses contradicts the slate of products Robinson offered for sale … Far from decrying 'dopers,' Robinson catered to them through his various ventures, and reaped millions of dollars in sales from these businesses.”

But let's broaden that conclusion, shall we?

When much of the world reacted with outrage to the now-infamous photo of trainer Gordon Elliott grinning astride a dead horse in Ireland, the response from many in the racing industry was to talk about how much they love horses – or in a few cases, how much Elliott loves them. How many times have we seen this response? Horses die at Santa Anita, and well-intentioned people in racing post photos of themselves snuggling foals with the naïve belief that this will absolve whatever sin is in the headlines this month. A series of drug positives from a prominent trainer makes headlines; a racehorse winds up in the kill pen after struggling home last; a jockey is caught with a buzzer – we love our horses, all of us love them, these are just a few bad apples. 'Feel sorry for us!' they cry, 'People think we're mean, just because animals are dead.'

Anyone in public relations or in professional sports knows that the best defense is a good offense. By the time you're reacting to another welfare embarrassment, you've already lost, and that's because repeated protestations of love start to sound hollow when there keep being reasons to renew them.

It's not exactly the same, of course. The sport as a whole is made up of many individuals of different mindsets and levels of feeling for their horses, while the defendant here is one man. But it's worth remembering: when we speak to the outside world, much like a school of fish, the world sees one body, and it's going to judge us by what they see us do, not how we say we feel.

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Robinson, Defendant In Federal Doping Indictment, Sentenced To 18 Months In Prison

Scott Robinson, one of the defendants in the federal case that rocked horse racing in March 2020, has been sentenced to 18 months in prison. The Thoroughbred Daily News reported that U.S. District Judge J. Paul Oetken handed down the sentence on Tuesday after Robinson pleaded guilty to one count of drug adulteration and misbranding conspiracy in September 2020.

Robinson, together with pharmacist Scott Mangini, was accused of operating consumer-facing websites such as HorsePreRace, peddling products which purported to be blood builders and pain blockers which were allegedly untestable, as well as discounted versions of prescription drugs despite not being an FDA-approved manufacturer. Robinson is neither a veterinarian nor a pharmacist.

Click here to read the Paulick Report's investigation of HorsePreRace from 2016.

A pre-sentencing report filed by federal prosecutors ahead of Oetken's ruling revealed even more disturbing details about the conditions in which those products were made. A state pharmacy board inspection report dated February 2016 which was published by the Paulick Report had picked up on unsanitary conditions at co-conspirator Scott Mangini's facility in Florida: the Florida Department of Health Records noted that there was no working sink in the pharmacy for hand washing, and employees were instead using a ten-gallon bucket. The department noted so much dust on the counters where prescriptions were made that an investigator was able to trace letters in the dirt with an alcohol swab — a particular problem since some products were injectables. Ingredients were mislabeled.

Click here to read more about Mangini's facility from this 2016 investigative feature by the Paulick Report.

Even before that inspection however, the report cited communications from Robinson to Mangini indicating he knew something could be wrong with the products he was selling. In spring 2015, Robinson began asking Mangini whether there had been changes to manufacturing processes.

“R u making stuff different? I have a lot of stuff that doesn't look same and has stuff floating in it. Blood building peptide has black particles,” one message to Mangini read.

“[Employee] has been complaining of bugs coming out of boxes u send. I told him he was crazy until I found one floating in bottle today when labeling,” read another, also to Mangini.

The Board of Pharmacy conducted its inspection in December 2015, but Robinson was dismissive of any danger resulting from the inspection, writing to Mangini, “And board of pharmacy worries about u? They got bigger problems! Lol.”

(Mangini, who has been charged with two counts of drug adulteration and misbranding, has entered a not guilty plea and his case is ongoing.)

Between December 2015 and January 2016, Robinson fielded complaints from trainers who had injected Pentosan into their horses, only to see the horses become severely depressed and unable to move. The horses' veterinarian attributed the reactions to a bad batch. The pre-sentencing report indicated Robinson “was dismissive of these complaints.”

When federal agents executed search warrants on premises used by Robinson in September 2019, prosecutors say he became incensed and “attempted to extort the federal agents involved in the seizure by threatening to release a letter to certain members of the racehorse industry informing them of of the existence and scope of the FBI's investigation if the FBI did not immediately return his electronic devices the same day they were seized. After being informed his threat was itself a crime, Robinson retracted his threat hours later.”

After he became aware the FBI was investigating him, prosecutors say Robinson continued distributing adulterated and misbranded drugs, generating “millions of dollars in revenue.”

Prosecutors had requested the maximum available sentence of five years in prison, while Robinson's defense team, pointing out his lack of prior criminal convictions, suggested he serve no time. Defense attorneys painted a picture of a man who had risen to business success from near-homelessness and who battled depression and chronic traumatic encephalopathy (CTE) due to injuries sustained in the United States Navy. Letters from friends and family framed Robinson as a caring person who gave liberally to charity and financially supported family members.

Although Robinson had no criminal history, prosecutors did note that he was court martialed in 1998 and dishonorably discharged from the Navy after he admitted to reselling anabolic steroids to other enlisted members of the Navy.

One character reference letter in support of Robinson's defense came from New Vocations Racehorse Adoption Program, where executive director Dot Morgan wrote that Robinson “donated a massive amount of his compounded omeprazole ulcer treatment” to the program in 2010 and 2011. In 2014, HorsePreRace and HorseGold (of which Robinson was president) were the recipients of warning letters from the Food and Drug Administration warning them to stop marketing omeprazole and other products designed to act as prescription drugs because they were not approved as mass manufacturers of drugs.

Another letter, from Robinson's psychiatrist, highlighted the defendant's feelings for horses.

“From my three years of work with Mr. Robinson, I have become aware of his great knowledge of and love for racehorses,” wrote Dr. Ronald E. DeMao. “Horses and horse racing have literally “been his life.” It is inconceivable to me that he would ever do anything to intentionally harm a horse. In fact, he has developed products to aid in the physical health and rehabilitation of horses. I have heard him speak in very pejorative terms about others who 'dope' or harshly train racehorses.”

Robinson is required to surrender himself on Sept. 7, 2021 to begin his sentence. He will have another three years of supervised release after serving his time.

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