Three-Year License Revocation, $50K Fine For Rice’s ‘Improper and Corrupt Conduct’

Linda Rice had her training license immediately revoked for a period of “no less than three years” and was fined $50,000 May 17 when New York State Gaming Commission (NYSGC) members voted 5-0 to agree with a hearing officer that Rice's years-long pattern of seeking and obtaining confidential pre-entry information from New York Racing Association (NYRA) racing office workers was “intentional, serious and extensive, and that her actions constituted improper and corrupt conduct…inconsistent with and detrimental to the best interests of horse racing.”

Rice had testified during eight days of NYSGC hearings late in 2020 that she had handed over cash gifts amounting to thousands of dollars at a time to NYRA racing office employees between 2011 and 2015.

But the veteran conditioner, who has been training since 1987 and owns seven NYRA training titles, also testified that she did not expect any special favors in return for that money, and that any entry-related information she did receive from NYRA employees was a type of disclosure that was routinely divulged to other trainers.

In most racing jurisdictions, telling trainers which other horses have been entered or are considering a particular race is a clear rules violation, because it affords a trainer an advantage over others who enter horses without knowledge of the caliber of competition.

But in practice, one could make the case that some form of tipping-off to trainers exists to various degrees in racing offices all across America, particularly in the current era of races routinely needing to be “hustled” to fill because of a thin nationwide horse population.

Within that realm of rules-bending there are numerous gray-area distinctions, ranging from the relatively innocuous encouragement of trainers to enter into what is considered an easy spot all the way up to trainers proactively and sometimes predatorially seeking a steady stream of inside info and paying handsomely to receive it.

TDN left email and phone messages for Rice and her attorney Monday seeking comment and to find out if a court appeal is in the works. Neither replied prior to deadline for this story.

The specific accusations against Rice stemmed from a separate NYRA investigation that had been launched in 2014 when it was revealed that several NYRA racing office employees with access to The Jockey Club's InCompass entry management software had been improperly sharing login access to the system with horsemen and jockey agents. One employee was eventually fired after the scheme was uncovered and another had his license suspended for other racing-office infractions.

In early 2018, Daily Racing Form first reported that Rice allegedly made payments to NYRA officials in order to obtain knowledge–and sometimes the past performances–of rival horses likely to be entered against her trainees.

It was then nearly two years later, in November 2019, that Rice was first summoned to a NYSGC hearing on the matter to determine whether she received “regular, continual and improper access to the confidential names and other information concerning the other horses entered in races…before the entries closed and you decided to enter the horses you were training in such races or not.”

The start of that hearing was delayed during the early stages of the pandemic, so it took another full year before Rice's case finally commenced in November 2020. The proceedings stretched out over eight calendar days and included 60 evidence exhibits and testimony from 16 witnesses.

As is routine during NYSGC hearing adjudications announced at public meetings, the merits of the case were not debated Monday among commissioners, who had previously voted on the outcome after receiving the hearing officer's final report dated Apr. 13. The results of the vote were merely read into the record.

NYSGC chairman Barry Sample did underscore when reading the results of the vote to suspend and fine Rice that commission members “concurred with the penalty recommended by hearing officer [Clark Petschek] but modified the report to specifically reflect that the hearing officer found multiple violations,” which was a factor in the board fining Rice above the $25,000 per-violation penalty that is recommended in the state's racing rules.

A TDN request to the NYSGC to obtain a copy of the hearing officer's full report did not yield a response prior to deadline for this story.

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Linda Rice’s License Revoked, Trainer Fined $50,000

New York-based trainer Linda Rice has been fined $50,000 and had her license to participate in Thoroughbred racing revoked for “actions inconsistent with and detrimental to the best interest of racing generally and corrupt and improper acts and practices in relation to racing,” the New York State Gaming Commission revealed on Monday, May 17. The trainer will not be permitted to apply for a new license for a period of three years.

The NYSGC first launched an investigation into Rice's operation in early 2018, on the claim that she traded money for information from the racing office. That information, such as which horses were likely to enter races before the race had closed, could have given her a competitive advantage.

The investigation uncovered evidence that between 2011 and 2015, Rice received faxes and emails from former entry clerks Jose Morales and Matt Salvato, giving her the names and past performance records of horses prior to draw time. Senior racing office management has said the names of trainers and horses in a given race are not to be released until after a race is drawn (with stakes races being the exception).

An eight-day hearing was conducted at the end of 2020, and the hearing officer submitted a final report to the NYSGC on April 13, 2021. The report concluded that Rice's misconduct – which involved receiving and requesting confidential entry information in overnight races – was intentional, serious and extensive. It also concludes that her actions constituted improper and corrupt conduct in relation to racing in violation of NYCRR 4042.1 and were inconsistent with and detrimental to the best interests of horse racing.

The hearing officer recommended the Commission impose a fine of $50,000 and immediately revoke her license to participate in thoroughbred horse racing and restricting her ability to apply for a new license for a period of no less than three years.

The Commission concurred with the penalty recommended but modified the Report to specifically reflect that the hearing officer found multiple violations, which under NY Racing, Pari-Mutuel Wagering and Breeding Law Sec. 116 allows for $25,000 per violation.

The Commission voted 5-0 to fine Linda Rice $50,000 and to revoke her license to participate in Thoroughbred horse racing for a period of no less than three years.

Rice has saddled the winners of 2,107 races from 11,382 starters over a career dating back to 1987, according to Equibase. Her top trainees include millionaires La Verdad and Palace, as well as Grade 1 winners Voodoo Song, City Zip, and Tenski.

Also on Monday, the Commission adopted several new medication rules:

  • Commissioners voted 5-0 to restrict the administration of race day Lasix to veterinarians “who are not caring for the horses of a trainer or owner who participates at the race meeting,” extending the third-party Lasix rule to the state's Standardbred tracks (it was already in place at Thoroughbred tracks).
  • A new clenbuterol rule was adopted requiring approval before a horse can be treated with prescribed clenbuterol, daily submission of administration of clenbuterol treatment, that a treated horse to be placed on the Vet's list, and bars a horse from racing until it tests negative for clenbuterol.
  • ARCI modified the model rule thresholds for three drugs (detomidine, omeprazole and xylazine) based on developing research. ARCI also added to the list of thresholds amounts for another four routine therapeutic medications, three of which are antihistamines (cetirizine, cimetidine and ranitidine) and one of which is a muscle relaxant used in anesthetic protocols (guaifensin). The thresholds are consistent with New York's existing restricted time periods. Trainers who comply with such restricted time periods will be assured of not violating such thresholds.

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Rice Hearings Conclude, But No Ruling Expected Soon

The marathon that has been the hearing regarding trainer Linda Rice and the New York State Gaming Commission came to a close Dec. 9, but it will still be weeks before there is a conclusion in the case. Attorneys from both sides have requested transcripts from the previous six days of testimony and will be given 30 days after receipt of those transcripts to send written closing arguments to hearing officer Clark Petschek. There are numerous and voluminous exhibits in the case submitted by both sides which Petschek also must review before issuing a decision. Petschek did not outline a timeframe for when he may issue a ruling.

The proceedings had sought to determine what, if any, sanctions would be imposed on Rice, who the commission says could have her license suspended or revoked and face fines of up to $25,000 for “actions inconsistent with and detrimental to the best interest of racing generally and corrupt and improper acts and practices in relation to racing.”

Much of Wednesday's testimony was a retread of information previously given by Rice during examination by her attorneys and other witnesses, seeking detail and clarification on the information Rice received from entry clerks between the 2011-12 Aqueduct meet and March 2015. Rice has admitted to receiving faxed and emailed printouts showing names and past performance information for horses before draw time, which the commission believes gave her an unfair advantage over other trainers. Rice contends that it was not unusual for trainers to be shown name or past performance information ahead of draw time in the racing office, or to have the basics of a potential rival's resume described to them on the phone.

Her testimony Wednesday examined a number of daily training logs for horses in her care during the time in question and identified races she had noted as targets for those individuals after the release of the condition book. Rice's attorney took the trainer through the dates and results of a few of those races alongside dates and times of emails she received with entry information from racing clerk Jose Morales. In the cases highlighted by her attorney, Rice had identified several target races for her horses before Morales gave her information and did not change her targets after receiving entry information from Morales.

Although Rice has said previously that she wasn't aware she was breaking any rules, it appears there did come a time when she became concerned that taking the information could get her into trouble. Rick Goodell, counsel for the commission, read into the record a transcript of a 2018 interview he conducted with Rice in which she recalled the moment she began to have concerns about her receipt of information from Morales. Rice recalls that in 2014 Morales told her he was “being watched” and she told Goodell in 2018 her thought was, “Damn, well, they're watching him. Maybe we shouldn't be doing it.”

Goodell also asked Rice whether she revealed to anyone else, other trainers or racing office employees, that she was getting the information from Morales. She answered she had not.

The passing of information from Morales to Rice came out after the racing office and law enforcement near Belmont discovered that Morales had given out his InCompass login information to a number of jockey agents in return for money.

Wednesday's testimony also revealed that Rice had hired rider Israel Rodriguez to ride several races for her when he was an apprentice. Rodriguez would eventually be represented by Morales as agent, although Morales is no longer licensed as a jockey agent in New York. Rice said she had forgotten she had hired Rodriguez, who rode a little more than two dozen races for her before she said he lost his apprentice weight allowance and she determined he was not of a caliber she wanted to work with as a journeyman.

Goodell tried to establish whether Rice believed the information she got through email and fax constituted an unfair advantage over other trainers who weren't privy to the same information. While Rice admitted that it could sometimes be helpful to know which horses were entered in a race in advance of draw time, she was not convinced that other trainers were not receiving similar or comparable information.

“When the article came out in the press about the proceedings, I spoke to other trainers and many of them said they receive information all the time as well,” Rice said.

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Joe Appelbaum Re-Elected President Of New York Thoroughbred Horsemen’s Association

The New York Thoroughbred Horsemen's Association today announced the results of its 2020 election for President and Board of Directors. Joe Appelbaum was re-elected to his second term as president.

Incumbent Owner/Directors Tina Bond, Rob Masiello and Aron Yagoda were re-elected as well, with Jon Green and Dan Collins filling the two additional Owner/Director spots. Incumbent Trainer/Directors Leah Gyarmati, John Kimmel, Linda Rice and Richard Schosberg will be joined by Pat Kelly, who most recently served as an alternate to the Board.

“Thank you to all of New York's owners and trainers who took the time to participate in our Election,” Appelbaum said. “Now, more than ever, it is important to make your voice heard. We welcome Jon Green and Dan Collins to the team, and look forward to working on your behalf to promote and protect your interests, the backstretch community, the horses and Thoroughbred industry that is so vital to our state.”

The new NYTHA Board will take office effective Dec. 14, 2020.

NYTHA BOARD OF DIRECTORS

President: Joe Appelbaum

OWNER/DIRECTOR

Tina Marie Bond

Daniel Collins

Jonathan Green

Robert Masiello

Aron S. Yagoda

TRAINER/TRAINER-OWNER/DIRECTOR

Leah Gyarmati

Patrick J. Kelly

John Kimmel, V.M.D.

Linda Rice

Richard E. Schosberg

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