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“Mullion is a beast to look at. He showed freakish brilliance, so much so that we were pointing him to the GI Malibu after his 10-length romp at Churchill. He was a rare talent,” said trainer Brad Cox.

Garrett O'Rourke, general manager of Juddmonte USA, added, “I believe that this horse has the kind of credentials that can make him a successful stallion which is why Juddmonte is supporting him.”

Mullion, whose stud fee is still to be announced, will be available for inspection at Sequel New York's Stallion Open House Jan. 27 at 167 Maple Lane, Hudson, NY 12534 from 11 a.m. to 2 p.m.

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The foal, a filly, was born at Jay Goodwin's Kentucky-based Goodwin Farm out of a mare not named in the release. The dam of the new filly is reported to be “out of a stakes-producing Gone West mare whose dam is a full-sister to [Canadian] Horse of the Year Dance Smartly and half-sister to the breed-shaping stallion Smart Strike.”

The bay filly is “big and strong with a ton of class,” said Goodwin.

Winner of the GI Haskell S. and two other graded events, Mandaloun was also promoted to first from a runner-up finish in the 2021 GI Kentucky Derby. He will stand in 2024 for a fee of $20,000 LFSN.

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In a Dec. 22 filing in United States District Court (District of New Jersey), the judge in the case ordered both sides to file letters by Jan. 15 “if either party wishes to explain why this case should NOT be transferred back to the Central District of California.”

The judge explained his rationale: “This case relates entirely, or all-but-entirely, to alleged events at a 2021 horse race in Kentucky,” the judge wrote. “And this case was originally filed by the Plaintiffs in the Central District of California, before the Plaintiffs voluntarily dismissed their claims and re-filed them here. This is a case, in short, that has little, if anything, to do with New Jersey.”

The original version of the suit, led by Michael Beychok, the winner of the 2012 National Horseplayers Championship, was filed in California four days after Baffert's May 9, 2021, disclosure that Medina Spirit had tested positive for betamethasone after winning the May 1 Derby.

It wasn't until Aug. 22, 2023, that the Kentucky Horse Racing Commission's disqualification of Medina Spirit from the 2021 Derby–which also affirmed the elevation of runner-up Mandaloun as the official winner–was sustained after a long administrative appeals process.

Baffert, plus his incorporated racing stable, were named as the defendants back in 2021, and the plaintiffs' California-filed version of the suit made it a point to note that “Venue is also proper for these claims in this Court because Defendants reside and transact their affairs and conduct business in the State of California and, specifically, through this District.”

The more than 30 class members of that suit chose the Racketeer Influenced and Corrupt Organizations Act (RICO) Act as a tool to try and collect damages. In addition, they sought an order from the judge stating that Baffert must divest himself from the sport.

RICO is a sweeping 1970 federal statute initially designed to combat the Mafia. But in a legal sense, it has long since lost its “organized crime” stigma. RICO today is rarely used to go after stereotypical “godfather” figures. Instead, RICO has evolved as a civil litigation component, and is most often asserted by purported victims of white-collar crimes, such as mail and wire fraud.

Two months after its initial filing, the class-action complaint was withdrawn from the California federal court on July 22, 2021. One day later, an amended version of it resurfaced in New Jersey.

The New Jersey complaint from July 23, 2021, alleged that, “[Baffert's] multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby, constituted racketeering activity.”

In subsequent court documents, the plaintiffs explained why they believed New Jersey should now be the proper venue. They cited a legal precedent that involved a case in which the act of  simulcasting a race into New Jersey from another state “permits the Court to exercise personal jurisdiction over it.”

The plaintiffs also alleged that Baffert's purported doping fraud included his occasional starts at Monmouth Park.

But as far back as September 2021, when Baffert first moved for dismissal of this lawsuit, his court filing termed that switch from California to New Jersey “blatant forum shopping” because the new venue has “no meaningful connection to the allegations raised in their Complaint.”

The term “forum shopping” refers to the practice of litigants angling to get their case heard in the court thought most likely to result in a winning outcome. It is not illegal or unethical to forum shop, but judges can and do let parties know if they believe lawyers are stretching legal boundaries by trying to get their cases heard in venues that are most favorable to them.

Another Baffert filing, on Jan. 12, 2022, again alleged that the plaintiffs were off base in attempting to litigate the matter in New Jersey.

“The law is clear that there must be case-specific contacts with the forum state…” that filing stated. “Even if one were to accept Plaintiffs' tinfoil conspiratorial premise that Baffert engaged in a nationwide racketeering scheme to defraud individuals he never met, Plaintiffs would still have to establish that at least some of the alleged illicit conduct actually occurred in New Jersey. They have utterly failed to do so. This matter has zero connection to New Jersey and it must be dismissed.”

Earlier this year, a federal judge in Kentucky dismissed a similar (but entirely separate) class-action lawsuit initiated against Baffert by a group of horseplayers who alleged negligence, breach of contract, and unjust enrichment because their losing pari-mutuel bets on the 2021 Derby also weren't honored as winners.

Baffert's attorney in the New Jersey case, W. Craig Robertson III, made sure the judge in New Jersey was aware of that Kentucky dismissal when considering the motion to dismiss, which is still active and has yet to be ruled upon.

“Identical to this case, the [federal complaint in Kentucky] was commenced by a purported class of aggrieved gamblers against [Baffert] asserting claims connected to pari-mutuel payouts from the 2021 Kentucky Derby,” Robertson wrote in a July 26, 2023, letter to the U. S. District Court of New Jersey.

“The Western District of Kentucky dismissed those claims as a matter of law,” Robertson continued. “Specifically, the Court held that Kentucky's Rules of Racing govern all bets placed on the Kentucky Derby and because the Rules are clear that all payouts are final based on official race-day results, aggrieved gamblers have no injury at law and no viable cause of action even if race results are later altered.

“Similarly here, [Baffert seeks] dismissal of the case before Your Honor due to a lack of cognizable injury, whether under the RICO statute or otherwise,” Baffert's attorney wrote.

Counsel for the plaintiffs responded with their own letter to the judge Aug. 7, writing that the Kentucky decision “has no relevance or merit to the present matter” and that the “causes of action brought by the present Plaintiffs in this action are separate, distinct, and dissimilar from the claims brought by separate parties” in the dismissed Kentucky lawsuit.

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Sidelined for more than 14 months following a strong debut second–beaten just a nose–going six furlongs at Ellis Park in late August of his 2-year-old season, the full-brother to promoted GI Kentucky Derby winner and Juddmonte stallion Mandaloun proved well worth the wait with a jaw-dropping, 10-length maiden victory for trainer Brad Cox at second asking beneath the Twin Spires.

With nine breezes on the worktab for his comebacker, Mullion was favored at 3-5 while facing six rivals with first-time Lasix going a one-turn mile. He was bumped slightly from both sides at the start after exiting from post three. Unfazed by the minimal contact, he was keen in the early stages while hard held in second. Mullion tugged his way to the front as the half went up in :46.09 and traveled beautifully leaving the quarter pole. He put on a show from there down the stretch beneath a motionless Florent Geroux and stopped the timer in 1:34.69. He earned a 101 Beyer Speed Figure for the effort.

“As much time, patience and effort as we put into Mullion, we were expecting a big performance, but to do what he did was beyond our expectations off that kind of a layoff,” Juddmonte USA General Manager Garrett O'Rourke said. “It shows the talent that the horse has and hopefully he keeps it together now and can be a big player next year. He ran a 4 on the Ragozin Sheets, which is just off the charts.”

O'Rourke continued, “He injured himself after his first start–he had a soft-tissue injury, then he had a few other little issues– and we gave him all the time he needed. It was always something just holding him back after that–upper respiratory infection, sore shin, foot abscess, etc. I always felt like the talent was there and all the extra time was only going to be to his benefit. We knew how nice he was. He's a gorgeous-looking horse with the pedigree to match and Brad (Cox) had a very high opinion of him, even as a 2-year-old.”

Mullion got back to business since earning his diploma with a four-furlong breeze in :48.80 (8/40) at Churchill Downs Nov. 26. He will winter at Fair Grounds, O'Rourke reports.

“All of the targets for him will be next year,” O'Rourke said. “I just felt like we didn't need to be in a rush with him. Brad (Cox) agreed and he'll try and go through his conditions down at Fair Grounds, then we'll look about jumping him up in mid-to-late spring. He definitely looks like he could hopefully be a (Grade I) Carter-Met Mile type of horse.”

Mullion was produced by the Empire Maker mare Brooch, a Juddmonte homebred and two-time group winner in Ireland. In addition to Mullion's aforementioned full-brother and fellow 'Rising Star' Mandaloun, the Into Mischief x Empire Maker cross is also responsible for Laurel River, who carried Juddmonte's famed green-and-pink silks to a win in the 2022 GII Pat O'Brien S. at Del Mar; and GSW & MGISP Occult.

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Elite Power, who was retired after his second consecutive Breeders' Cup win on Saturday, will stand for a fee of $50,000, live foal, and joins 2021 GI Kentucky Derby winner Mandaloun (Into Mischief), who will stand his second year at Juddmonte in 2024 for a fee of $20,000, live foal.

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The full-brother to fellow 'Rising Star' and Juddmonte stallion Mandaloun raced just once as a juvenile but was denied the win by the slimmest of margins at Ellis Park last August. Un-raced since that start, Mullion got back on track for trainer Brad Cox with a tour de force over a over-matched Churchill field. Squeezed just slightly at the break, the son of Into Mischief never let early pacesetter Nyquick (Nyquist) get comfortable, pressing that rival through a quarter in :22.98 before taking command under his own power with a wide move around the turn. From there, it was only a matter of who would finish second as Mullion opened up at will to the line, building up a double-digit lead when all was said and done.

Brooch, no slouch herself as a dual group winner in Ireland, hit it out of the park when her second foal, Mandaloun, took wins in the GI TVG.com Haskell S. and came second in the GI Kentucky Derby only to be upgraded to first upon the disqualification of Medina Spirit (Protonico). The dam is a half to SW/MGSP Caponata (Selkirk) and to MGSP Raymonda (Lonhro {Aus}). A fourth generation homebred for Juddmonte, Mullion also traces back to highweight older mare and G1SW Emulous (GB) (Dansili {GB}) and to her daughter, MG1SP Bluestocking (GB) (Camelot {GB}). While Brooch was sadly lost last year, she still has 2-year-old War Front son and a yearling full-brother to both Mandaloun and Mullion to represent her. Mullion is the 41st 'TDN Rising Star' for leading sire Into Mischief.

#3 MULLION ($3.42), the 3-year-old full-brother to Kentucky Derby winner Mandaloun, could not have made his first career victory look any easier, taking the 2nd at Churchill Downs in style.

He was ridden by @flothejock for @bradcoxracing and @JuddmonteFarms. pic.twitter.com/QRmxGfsRkp

— TVG (@TVG) November 5, 2023

2nd-Churchill Downs, $117,750, Msw, 11-5, 3yo/up, 1m, 1:34.69, ft, 10 lengths.
MULLION, c, 3, Into Mischief
                1st Dam: Brooch {MGSW-Ire, $217,059},
                                by Empire Maker
                2nd Dam: Daring Diva (GB), by Dansili (GB)
                3rd Dam: Aspiring Diva, by Distant View
Lifetime Record: 2-1-1-0, $81,000. Click for the Equibase.com chart or VIDEO, sponsored by FanDuel TV. Click for the free Equineline.com catalogue-style pedigree.
O/B-Juddmonte Farms Inc (KY); T-Brad H. Cox. *Full to Mandaloun, GISW, $2,096,052.

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Debuting for trainer Brad Cox, BADGE OF WAR (War Front) is the latest in a Juddmonte line dating back at least three generations. Brooch, herself a multiple group-stakes winner in Ireland, is already responsible for GI TVG.com Haskell S. winner, GI Kentucky Derby runner up and 'TDN Rising Star' Mandaloun (Into Mischief). The dam is also a half to MSW/MGSP Caponata (Selkirk) and from the family of G1SW Emulous (GB) (Dansili {GB}) and her daughter 'TDN Rising Star' G1SP Bluestocking (GB) (Camelot {GB}). Badge of War has been training forwardly into this spot with a pair of bullet five-furlong drills from his last three works over the Horseshoe Indianapolis main track. TJCIS PPS

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When “Born to Run” sounded through the grandstand as Mandaloun, Hot Rod Charlie and Midnight Bourbon bounced onto the track, it didn't matter how the race would go. I was in. It was enough to latch onto despite the outrage I felt towards my home-state regulators for an ill-advised whip rule that took down Midnight Bourbon, along with my exacta box.

But though he fell, everyone came home safe that day.

I turned into a racing evangelist, with Hot Rod Charlie at the center of my devotion. I brought my friends along to his revenge tour at the Pennsylvania Derby, where he finally triumphed over Midnight Bourbon. We gutted out another inquiry, after which, I wildly bear-hugged a friend. We'd finally hit that exacta.

I loved racing. My dorm room was littered with Daily Racing Forms. I missed dinner to watch the Breeders' Cup Classic. Ducked into empty classrooms to watch Derby preps at Oaklawn. I drove three hours round-trip to Aqueduct at 8 a.m. on a Saturday to bet the Dubai World Cup because they didn't offer the superfecta on 4NJBETS.

After college I kept it up. In March of this year, I went with my girlfriend–one of our first dates had been at the 2022 Haskell–to Kentucky for the first time. We stayed in Midway, there for “Road to the Horse” at the Kentucky Horse Park. I left in the middle, hiked over to see Funny Cide and Silver Charm in their stalls. One afternoon we walked around Keeneland. Circled the paddock, went beneath the stand and onto the track. It felt like walking on hallowed ground. A few months before, we'd been brought to tears by Cody's Wish's win in the Dirt Mile and dazzled by Flightline's romp in the Classic.

So you know how I felt when I saw Maple Leaf Mel, the undefeated New York-bred, bounding away from a Grade I field as the camera zoomed in on her. She went fast early–44 and two for the half mile–and she went fast late, with a gutsy performance by turning away her classiest opponents yet. She was “six-for-six.” That's the line etched in my mind. It's the last thing I remember hearing from track announcer Frank Mirahmadi before she went down.

It felt like a gut-punch–it was the first time I understood what that word meant. I couldn't think for a few minutes. I couldn't talk. I couldn't watch Cody's Wish run afterwards.

I avoided watching Saratoga after that. But this past weekend I turned on the FOX broadcast for the first time since. It had been three weeks, I reasoned. Enough time to reset my mind. Anyways, my favorite active horse, Arcangelo, was running in the Travers, and I felt sure he'd win. What kind of sport would this be if I couldn't watch it live?

So I turned on the broadcast shortly after 3 p.m. I watched Gunite, under a great ride from Tyler Gaffalione, take down Elite Power along with his eight-race win streak. I saw that the next race was an allowance, turned the broadcast off, went back to my book. But I was back for the Jerkens. I saw the Baffert runners in the paddock, saw Jimmy Barnes sweating bullets. Saw New York Thunder looking flat, his coat dull. I pulled up the replay of his last race. Saw him blaze to victory without changing leads.

It was the post parade now. I kept watching, live on FOX. I even almost made a bet on Verifying, he was looking so muscled-up before the race.

When they burst from the starting gate, I watched New York Thunder stride out on top. He led the way through the far turn. The Baffert runners dropped back, New York Thunder having run them off their feet, each stride pounding the dirt and carrying him away from them. But then I heard Frank Mirahmadi call out the fraction of 44 and two in this $500,000 seven-furlong Grade I sprint for three-year-olds. A punishing half-mile. I shut my laptop. My nerves couldn't take it.

A minute went by. I reopened the laptop, fired up FOX. I hoped they'd come home safe. But then I saw the wide-angle camera shot, saw that the five horse wasn't in the drop-down of the top four finishers. I heard the empty unsteadiness of the commentators. I shut my laptop again, leaned back in my seat, looked blankly out the window.

I watched the Travers that evening, only after I'd known Arcangelo had won and had come back in good shape. I couldn't enjoy it, even after he sailed past the wire. When he seemed to take a bad step in the gallop-out I held my breath, despite having read that he was fine. I wanted to look away the whole time.

That's my favorite horse winning the Midsummer Derby.

I'm drawn to racing, in part, for the history. Today I watched a replay of the 1988 Breeders' Cup Distaff. Thirty-five years ago. Personal Ensign running down Winning Colors under the Churchill Downs wire. A hard-won performance from an undefeated champion. It should have been rousing. Instead during the stretch drive, I felt nothing but worry that she might fall.

That's what I see when I watch racing now.

Horse racing fan Isaac Hart lives in Glen Rock, New Jersey.

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The 47-page report was made public via press release by the Kentucky Public Protection Cabinet early on the Friday evening of the long Memorial Day holiday weekend. Its issuance comes 765 days after Medina Spirit crossed the finish wire first in the 147th Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The recommendation, which must be considered and voted upon by the full KHRC board at a later date, upholds Medina Spirit's DQ, a 90-day suspension that Baffert has already served but wanted expunged from his record, and a $7,500 fine imposed upon the Hall-of-Fame trainer. Acceptance of the report's findings by the KHRC would affirm Mandaloun (Into Mischief) as the official winner of the 2021 Derby.

“The Hearing Officer finds and concludes that the KHRC has shown that the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone,” hearing officer Eden Stephens wrote.

“The plain language of the KHRC's betamethasone regulations is clear: betamethasone is prohibited in a post-race sample,” Stephens wrote.

The debate over whether or not Medina Spirit's betamethasone finding was the result of an injection or the application of an ointment to treat a skin condition had been a focal point of testimony during six days of appeal hearings in August 2022.

“Parties agree the KHRC has the burden of proof but differ framing the question of what needs to be proven,” Stephens wrote. “KHRC argues it must establish a prima facie case that Medina Spirit [tested positive for a prohibited drug]. Appellants believe this case is solely premised on whether the use of a topical ointment, Otomax, for a clinically diagnosed skin infection on a racehorse, constitutes a violation of any clearly expressed and unambiguous rule…” Stephens wrote.

“At the running of the 147th Kentucky Derby on May 1, 2021, no KHRC regulation set forth an 'established concentration level' under which betamethasone is allowed in a post-race sample. Therefore, a laboratory finding of betamethasone in a post-race sample establishes a prima facie case that a trainer violated the KHRC's medication regulations,” Stephens wrote.

“Appellants contend that 810 KAR 8:010 Section 4 permits the administration of betamethasone ointment; therefore, a betamethasone positive arising due to an ointment administration is not a violation. This interpretation improperly conflates the KHRC's regulations governing medication administration with the regulations governing medication levels in post-race samples,” Stephens wrote.

“The KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive,” Stephens wrote.

“Additionally, the KHRC has a longstanding, uninterrupted history of treating all medications without thresholds as limit-of-detection medications and of finding that the administration route leading to a medication positive is irrelevant,” Stephens wrote.

“Betamethasone is a Class C drug. Its presence in a horse's post-race sample is prohibited by the KHRC, regardless of method of administration. Betamethasone has the potential to influence performance, as well as health and safety, in equine athletes,” Stephens wrote.

“Finally, the Stewards' Rulings in this case were restrained and reasonable. The stewards could have imposed a five-year suspension and $50,000 fine. Instead, they suspended Mr. Baffert for 90 days and fined him $7,500,” Stephens wrote.

The press release outlined the next steps in the process.

“Both parties can file exceptions to the recommended order should either party believe the hearing officer made an incorrect finding of fact or conclusion of law. The matter will then be referred to the KHRC to issue a Final Order,” the release stated.

“A Final Order may be appealed to Circuit Court within 30 days of issuance of the Final Order.  If no appeal is filed within 30 days, the case will end,” the release stated.

A Saturday morning voicemail message seeking comment from Baffert's attorney, Clark Brewster, did not yield a reply prior to deadline for this story.

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