NYTHA Announces Candidates For 2023 Board Election

The candidates for the New York Thoroughbred Horsemen's Association (NYTHA) 2023 Board election were announced earlier last week. The NYTHA Board consists of the President, five Owner Directors and five Trainer or Trainer/Owner Directors. All seats on the Board come up for election every three years. This year, there are two candidates for President, twelve candidates for Owner/Director and nine candidates for Trainer/Trainer-Owner Director.

The candidates are as follows: Tina Marie Bond (President), Chad Summers (President), Andrew Aaron (Owner/Director), Tom Bellhouse (Owner/Director), Kevin Brady (Owner/Director), Daniel Collins (Owner/Director), Matthew Cutair (Owner/Director), Sanford Goldfarb (Owner/Director), Michael Iannaconi (Owner/Director), Patrick Lewis (Owner/Director), Steven Rocco (Owner/Director), Vincent Vivolo, Jr. (Owner/Director), Dr. Jennifer White (Owner/Director), Aron Yagoda (Owner/Director), Jena Antonucci (Trainer), Amira Chichakly (Trainer), David Donk (Trainer), David Duggan (Trainer), Robert Falcone, Jr.(Trainer), James Ferraro (Trainer), Leah Gyarmati (Trainer), Linda Rice (Trainer) and John Terranova (Trainer).

The ballots for the NYTHA election were mailed Nov. 10 and voting for the NYTHA Election will take place, in person or by proxy, at the NYTHA Annual Meeting, to be held Dec. 27.

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NYSGC Doubles Rice’s ‘Improper Practices’ Fine to $100K

The New York State Gaming Commission (NYSGC) on Tuesday fined trainer Linda Rice $100,000 in a re-adjudication of her “improper practices” case that has persisted at the commission level and in the New York courts for more than two years.

In 2021, the NYSGC fined Rice $50,000 and revoked her license for three years after investigating claims that Rice received favorable treatment from the New York Racing Association (NYRA) and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage.

The NYSGC initially had alleged that Rice had paid racing officials in exchange for the information, but that bribery charge–which Rice had denied–was later dismissed by the commission.

On June 8, 2023, the New York Supreme Court Appellate Division ruled that the three-year banishment imposed by the NYSGC was “entirely unwarranted.”

But that same court also upheld the commission's determination that the “improper practices” rule had been violated, and ordered the matter back to the NYSGC to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

At the Oct. 3 monthly meeting, NYSGC chair Brian O'Dwyer read into the record a brief explanation of Rice's revamped penalty.

As per the NYSGC's custom, the commissioners did not discuss or debate the matter in an open-public session prior to voting upon it. Their voting happened prior to the start of the meeting and O'Dwyer only reported a summary of the decision.

“The appellate division agreed with the Commission's findings that trainer Rice had blatantly broke the rules of racing by conspiring with others to choose the optimal races for her horses. The appellate division determined, however, that any revocation was unwarranted,” O'Dwyer said.

“We respectfully disagree with that decision, but are constrained by law to follow it. The original fine of $50,000 was predicated on a three-year revocation. Since that is now not extant, we have decided, on the basis of the record, [to] increase the fine to $100,000. And we therefore impose a penalty on trainer Rice of $100,000. The vote was unanimous in that regard,” O'Dwyer said.

Rice did not respond to messages requesting comment prior to deadline for this story, but her attorney, Andrew Turro, indicated to TDN in an email that Rice is ready to move on.

“I'm very, very happy that this is over for Linda and that she can now focus on what she loves and does best,” Turro wrote.

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Partnerships: In Front Racing Stables Personifies Integrity Through Partnerships

In Yiddish, a mensch is a person who personifies integrity, morality, dignity and a sense of what is right and responsible. But mensch is more than just an old Yiddish adage, it is a word that best describes the managing partner of In Front Racing Stables, Howie Heiberger.

Heiberger was born and raised in Brooklyn, New York and that meant having Aqueduct as a beacon of fun and excitement just a few miles away. As a teenager in the late 70s, he and his friends would put forward the $1 it cost to take the Express Bus east to Queens to take in an afternoon at the races. The gang of wide-eyed neophyte gamblers would pool their money in the hope of making a score just like their seasoned counterparts. However, more often than not, Heiberger and his young Brooklynites would end up having to take the subway home, which only cost 35 cents since the bus fare was long gone.

Heiberger has spent the last 20 years building a successful catering and event center business in Freehold, New Jersey. The success of his Aurum Events and Exquisite Caterers now means he doesn't need to take the bus any more, but the memories of Aqueduct have never left. Always a casual horseplayer, Heiberger decided to dip his toe into the ownership game and began buying into partnerships about 10 years ago. Owning 3% to 5% of different horses made it clear to him that you did not have to own the whole horse to enjoy the total experience. That revelation inspired him to start In Front Racing Stables in June 2021.

Howie Heiberger | Howie Heiberger

Within weeks of getting the stable set up, Heiberger, some family and a few close friends dropped a claim slip on a 4-year-old mare named Tenderness (Medal Count). The $20,000 claimer would be the start of a long eight months of frustration for the new partnership group. In Front Racing Stables had 14 starts and waited eight months before they finally visited the winner's circle with one of their horses. Not everything was dark clouds for the new stable though, prior to their first win they were able to hit the board with their horses 50% of the time, so money was coming in and the bills were getting paid. With exactly 100 starts, as of the writing of this article, you can now find 15 winning photos on the wall and the group sporting an in-the-money strike rate of 46%. The success of the stable is a team effort. In Front Racing Stables currently employees the services of trainers Linda Rice, Jose DeAngelo and John Toscano to train and race their horses.

Heiberger also works with Larry Kaufman who is on the ground at the NYRA tracks to find the right horses to claim and add to their stable. Claiming is the name of the game with In Front and it has become their bread and butter.

In Front Racing Stable offers a unique proposition to its current and future partners: No bills. Once a partner decides to invest in a racehorse, there are no cash calls for training, vet work, transportation, etc. The ability to offer partners this unique opportunity is achieved through a formula that gives trainers 60% of the In Front horse's net purses earned and the partners 35%. Heiberger retains 5% of the net purses to cover the costs of running the operation. As the general partner, Heiberger also marks up all claims 15%. “Our partners really like the model we have established because they know what they want to invest and that is it,” he said. “No cash calls or bills. I have been in business a long time and you have to believe in the product that you are selling. I believe in this model.”

So do his partners, who now exceed 75 participants. Active partners number around 45 and 25 partners are in on almost every horse claimed. Most are from the East Coast, but In Front has partners that live in Arkansas, Oklahoma and as far away as Arizona. “We primarily race in New York and Florida, but I have the Oaklawn Park condition book in my hands now, so we may be expanding west,” he added.

In Front Racing Stable | Howie Heiberger

In Front partner Michele Farina had the same experience of sneaking off to the track while still in school. “We talked about experiences having grown up around the game and had things in common,” said Farina. “Besides being such a nice man, I respect how he has established and grown the stable. Also, meeting the other partners has been great and we basically all hang out together when we're at the track whether we're running a horse or not and that is what I really enjoy.”

One of those other partners Farina referred is Joey Zayas. “Howie ensures you are part of everything, from your thoughts on the horses they select as a possible claim to the race selections when that flexibility arises. I started with MyRacehorse, and even though they provide a great experience for the new, perhaps inexperienced horse owners, you are not that engaged with the day-to-day operations like In Front.”

In Front partner Steven Rapoport also has had experience with other partnerships. “I was a member of Karakorum Farms, Drawing Away Stables and Top Hat Thoroughbreds in the past,” he said.

“We have a group of 60 or so partners here who can look at claims. evaluate horses and try to make intelligent claims. The no-bills aspect makes it affordable.”

Heiberger is appreciative of the owner perks NYRA offers and one of the reasons he strongly recommends partners own at least five percent or more, so they can get licensed. “When you are a New York licensed owner, you get free admission for yourself and immediate family, free programs and owner's parking,” he said. “They even have an owner's lounge area. These things bring value to horse ownership.”

Teaching novices about ownership, introducing them to trainers, jockeys and others in the game is what drives Heiberger to grow In Front Racing Stables. “I want to give our partners a great experience just like with my businesses,” he said. “I also want them to learn, and interact with all aspects of the game, and most of all I want them to have a shot at making some money.”

This may seem like a lot to offer to small percentage owners, but that is simply what a mensch, like Howie Heiberger, does.

Joe Scurto is the principal at Horseshoe Marketing. His Twitter is @RacingHorseshoe.

Editor's Note: Partnerships, presented by Taylor Made Partnerships, is a new TDN feature which explores different partnership groups at different investment levels across the country. Each month, we will choose a different group to profile.

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Rice Hit With Bute Fine, Suspension; Lodges Appeal Just Before NYSGC To Rule On ‘Improper Practices’

Trainer Linda Rice has been suspended 14 days and fined $2,000 by the New York State Gaming Commission after a filly under her care returned a positive test for the non-steroidal anti-inflammatory drug phenylbutazone following a 9 1/2-length win as the 4-5 favorite at Aqueduct Racetrack more than eight months ago.

Rice has appealed the Sept. 28 ruling, so she has been granted a stay of those penalties pending a final resolution.

The NYSGC also made it public on Friday that Rice will be appearing before the commission for a separate matter when the board conducts its monthly meeting this coming Tuesday.

Rice's name appears on the just-released agenda for the Oct. 3 meeting for an adjudication of her “improper practices” case that has persisted at the commission level and in the New York courts for more than two years.

In 2021, the NYSGC fined Rice $50,000 and revoked her license for three years after investigating claims that Rice received favorable treatment from the New York Racing Association and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage.

It was further alleged that Rice had paid racing officials in exchange for the information, a charge she denied. She did, however, admit to routinely giving members of the racing department, as well as the gate crew, Christmas presents.

On June 8, 2023, the New York Supreme Court Appellate Division ruled that the three-year banishment imposed by the NYSGC was “entirely unwarranted.”

But that same court also upheld the commission's determination that the “improper practices” rule had been violated, and ordered the matter back to the NYSGC to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

Rice's Jan. 21, 2023, bute penalty was triggered by Afleet Arlene (Afleet Alex), who is owned by Winning Move Stable and has been unraced since that victory. A disqualification from the win and a purse redistribution from the $16,000 claimer ($15,400 winning purse) was mandated by the under-appeal ruling.

The ruling stated that the bute finding was “in excess of the quantitative threshold” of 0.3 mcg/ml in plasma.

The relatively long time that the NYSGC's drug-test findings linger behind the scenes prior to a ruling being issued has been an issue of concern in 2023, with some cases still resurfacing even after the Horseracing Integrity and Safety Act Authority took over as the sport's nationwide testing entity back on May 22.

Back on May 11, trainer Todd Pletcher was fined $1,000 and suspended 10 days after tests revealed that his trainee Forte (Violence) tested positive for meloxicam following a win in the GI Hopeful S. on Sept. 5, 2022, at Saratoga Race Course.

The length of the delay made headlines because in the interim between the Hopeful S. and the ruling, Forte won the GI Breeders' Cup Juvenile, was voted the Eclipse Award champion of his division, had won two other graded stakes, and was the favorite for the GI Kentucky Derby before being scratched the morning of the race with a right front foot bruise.

Another Pletcher trainee, Capensis (Tapit), triggered a bute finding in a Saratoga post-race test on July 30, 2022, but that ruling (14-day suspension, $2,000 fine) was not made public until 10 ½ months later, on June 11, 2023. Pletcher is currently appealing both cases.

In the ensuing debate over why New York's positives take so long to come to light, regulators have blamed trainers for “repeated procedural delays” in getting split samples tested, while horsemen have accused the commission of needlessly dragging out the process and not being responsive or timely in responding to scheduling requests.

At the May 22, 2023, NYSGC meeting, it was disclosed that three outstanding, pre-HISA  Thoroughbred drug positives remained unadjudicated by the commission and were still lingering at various stages in the regulatory process.

When commissioner John Crotty asked what the timeline was for resolving those cases, NYSGC chairman Brian O'Dwyer told him that in light of the scrutiny related to the Forte delay, he suspected that the commission “will be very, very diligent in terms of making sure that those things are adjudicated much more promptly.”

It turns out that Rice's bute finding was one of those then-undisclosed cases. It took more than eight months from the date of the alleged violation until a ruling was issued.

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