Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test

Four horseplayers have filed a class-action lawsuit against trainer Bob Baffert and Medina Spirit's owner, Zedan Racing, over the results of the May 1 Kentucky Derby in which Medina Spirit finished first but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed in U.S. District Court for the Central District of California by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Their bets were placed on Mandaloun and other horses in various wagering pools, but were deemed losers when Medina Spirit crossed the wire first and was declared the “official” winner. Eight days after the Derby, Baffert revealed that the 3-year-old Protonico colt tested positive for the corticosteroid betamethasone and Churchill Downs issued a statement immediately suspending Baffert from racing at the Louisville, Ky., track while the matter is being investigated. While only stewards representing the Kentucky Horse Racing Commission may disqualify horses, the track's statement said Medina Spirit would be disqualified from his Derby win if a split sample confirms the presence of the drug.

The suit was also filed on behalf of “all others similarly situated,” more specifically, “All Kentucky Derby bettors who would have won their bets and winnings had Medina Spirit been properly prohibited from competing in the Kentucky Derby…or competed without the aid of an illegal drug.”

Betamethasone is a legal therapeutic medication used to treat various maladies in horses but its presence is not permitted at any level in post-race drug tests. Baffert first claimed the horse or test sample were contaminated with betamethasone and days later said the positive test may have been caused by a prescription ointment, Otomax, that includes betamethasone as an active ingredient. Baffert said the ointment was used to treat dermatitis after Medina Spirit raced in the Santa Anita Derby on April 3.

In addition to allegations that Baffert violated the federal RICO Act through an enterprise with Zedan Racing “engaged  in activities affecting interstate commerce,” the plaintiffs also claim they and the class members were defrauded by a “misrepresentation” by Baffert in November 2020 after a series of medication violations that he was retaining Dr. Michael Hore to “ensure rule compliance” for his stable. A news report  earlier this week claims that did not happen.

The plaintiffs are asking the suit to be certified by the court as a class action case and seeking damages that include monetary relief for attorney fees and other expenses, injunctive relief “enjoining the Baffert defendants from engaging in any further racketeering acts,” Imposition of “reasonable restrictions” on Baffert's future activities in Thoroughbred racing, payment to the plaintiffs and class members for money they would have won “but for the illegal doping of Medina Spirit,” plus treble and punitive damages.

Craig Robertson, attorney for Baffert, said the lawsuit was “completely frivolous and without legal merit.”

Read the complaint here

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Horseplayers Sue Baffert, Zedan

Led by Michael Beychok, the winner of the 2012 NTRA National Horseplayers Championship, four gamblers have filed a Class Action Lawsuit against trainer Bob Baffert and owner Amr Zedan, alleging fraud. Each maintains that they made bets that would have won had GI Kentucky Derby winner Medina Spirit (Protonico) not been “doped.” The plaintiffs allege that Baffert and Zedan are in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), the California Control of Profits of Organized Crime Act (CCPOCA) and for committing state common law and equitable fraud.

The suit was filed Thursday in United States District Court for the Central District of California.

When reached by the TDN, Beychok declined to comment and referred all questions to his attorney, Bill Federman.

“The horse racing industry as a whole has refused or cannot take steps that are necessary to protect the horses and the horseplayers from cheats” Federman said. “That's really the bottom line. Bob Baffert is known to have drugged horses in the past. Each time he said that it was an accident, that something was wrong, that somebody with steroids walked into the barn and sneezed. Can you believe it, the horse then tested positive ? Enough is enough, and that is the bottom line. If the industry is not going to police itself it's going to have to be further regulated or you will have outside groups forcing change.”

In several tweets earlier this week, Beychok touched on the controversy and welcomed gamblers to join in the class action suit.

“This guy Baffert wants us to believe that a horse in his care for the biggest horse race in the world was given an injectable drug without anyone in the barn's knowledge,” he wrote. “Are you kidding me with this? That's the best he's got?”

It was revealed shortly after the Derby that Medina Spirit had tested positive for a banned corticosteroid, Betamethasone. Subsequently, Baffert revealed that Medina Spirit was treated with an antifungal medication that contained Betamethasone to clear up a case of dermatitis and that he was treated with the ointment as late as Apr. 30, the day before the Derby. He maintained that he made an innocent mistake and gave the horse a medication that could not have had any effect on his performance.

The Kentucky Racing Commission has yet to take any action against Baffert and cannot do so until a second lab has tested a split sample.

In the suit, Beychok claims he made bets totaling $966 that would have resulted in payoffs between $10,000 and $100,000 had Medina Sprit not won the race. The other plaintiffs are Justin Wunderler, Michael Meegan and Keith Mauer. Wunderler claims he bet roughly $2,000 and stood to win at least $40,000. Meegan and Mauer each made small wagers.

In 2020, a bettor, Jeff Tretter, backed by PETA, sued harness trainer Robert Bresnahan, Jr. and owner J.L. Sadowsky for doping, racketeering and fraud after betting on a horse that finished behind a Bresnahan trained horse who won a 2016 race at the Meadowlands and tested positive for EPO. Bresnahan and Sadowsky settled with Tretter out of court, paying the Illinois gambler $20,000.

“The New Jersey case was clearly a shot across the bow for the trainer and the industry that apparently went unnoticed,” Federman said. “It's time for the industry to regulate itself. The industry has not been willing to represent those who bet their money.”

The plaintiffs maintain that they wagered on the Derby with the belief that there would be a level playing field and that none of the starters would be racing on prohibited medications.

“Bettors and members of the public expect that horses will give their best effort in every race and that all horses entered in every race will not be racing under the influence of a drug or foreign substance that has been administered in violation of racing rules and regulations,” the suit reads.

They contend that Baffert and Zedan committed fraud because they misrepresented to bettors that they had entered a horse that complied with all racetrack rules. The suit also points to the numerous drug positives racked up by Baffert throughout his career.

“The Baffert Defendants' acts are not isolated events; rather they are a pattern of events related to each other in that they have similar purposes, participants, methods of commission, and other distinguishing characteristics,” the suit reads. “Relatedness is also established by the fact that all acts were done for the purpose of winning thoroughbred races, including but not limited to the Kentucky Derby.”

Beychok is a partner and creative director at Ourso Beychok Inc., a Democratic direct mail consulting firm based in Baton Rouge, Louisiana. He has worked on political campaigns at the local, state and national levels. His victory in the NHC netted him $1 million plus an Eclipse Award for best handicapper of 2012.

 

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NHC Rundown: 2012 Champion Beychok Qualifies For 12th NHC Appearance

Each week, the NTRA will provide a rundown of those who have qualified for the National Horseplayers Championship (NHC) the previous weekend.
The NHC is the most important tournament of the year for horseplayers and is the culmination of a year-long series of NTRA-sanctioned local tournaments conducted by racetracks, casino race books, off-track betting facilities and horse racing and handicapping websites, each of which sends its top qualifiers to the national finals. The 2021 NHC is now slated take place in the Bally's Events Center from August 27-29.
Friday, October 9
HorseTourneys.com
Bob Gianquitti of Lake Worth, Fla., is dual qualified for the fifth straight year and will make his eighth appearance overall at NHC 2021.
Ken Jordan of Farmingdale, N.J., is now dual qualified for his 11th trip to the NHC. The runner-up in the 2015 edition of the tournament has cashed four times for a total of $282,600.
Saturday, October 10
HorseTourneys.com
David Joy of Scott Bar, Calif., will be making his first trip to the NHC.
Keeneland:
Peter McFarland of Nicholasville, Ky., will be making his second NHC appearance having cashed for $6,550 in 2017.
Dennis Tiernan of Mill Valley, Calif., is now a 10-time NHC qualifier having first qualified back in 2000.
Jeff Arthur of Chesapeake, Va., will be heading to the NHC for a fifth time.
Eric Kurzhal of South Bend, Ind., is now dual qualified for his sixth NHC appearance. Kurzhal cashed for $1,050 in 2020.
Ron Myeress of Seven Hills, Ohio will take dual qualifier status into his first NHC appearance.
Mark Rudy of Milwaukee, Wisc., is now dual qualified for what will be his 11th NHC appearance. Rudy, who qualified for his first NHC in 2008, has cashed twice previously for a total of $25,200.
Nick Tammaro of Houston, Tex., is now dual qualified for the fifth time and will be making his seventh overall NHC appearance when he heads to Las Vegas in 2021.
Tim Stupka of Sioux Falls, S.D., will be playing in the NHC for the 11th time having first qualified in 2000. Stupka cashed for $1,700 in 2017.
Sunday, October 11
HorseTourneys.com
Rock Edwards of Schaumburg, Ill., will be making his second NHC appearance.
Michael Beychok, the 2012 NHC Champion, is heading back to the tournament for the 12th time. In addition to his record-setting $1 million payday in 2012, Beychok – a resident of Baton Rouge, La. – cashed for $2,500 in 2011 and $10,800 in 2015.

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Thoroughbred Idea Foundation Forms Wagering And Integrity Issues Steering Committee

The Thoroughbred Idea Foundation (TIF) announced Tuesday the formation of the Wagering and Integrity Issues Steering Committee, which will include members from its current directors and beyond. This panel will guide TIF's approach to advocating for change within North American racing's wagering operations and topics related to improving integrity on behalf of all racing participants, but specifically horseplayers.

The members of the Wagering and Integrity Issues Steering Committee are:

Michael Beychok
Amy Brantley
Marshall Gramm (TIF Board)
Candice Hare
Jonathon Kinchen
Mike Maloney
Paul Matties (TIF Board)
Tom Reynolds (TIF Board)
Nick Tammaro
Maury Wolff

“Issues related to wagering and integrity impact all stakeholders in racing and there has been little evolution on this front in the face of major industry consolidation over the last two decades. We have assembled a tremendous group to help advance our work and I am thankful that they see the value in our vision, the past two years of advocacy, and want to help us spur action on these matters across the industry,” said Patrick Cummings, TIF Executive Director.

TIF also announced the addition of Michael Levy to its Board of Directors. Levy is the founder and president of Muirfield Insurance, a full-service equine insurance agency based in Lexington, Kentucky. Along with wife Meg, they own and operate Bluewater Farm and Bluewater Sales.

Throughout his career, Levy has served on a variety of industry boards, including the American Graded Stakes Committee, Breeders' Cup and Thoroughbred Owners and Breeders Association.

“Mike brings a lifetime of experience to our board, and with it, a willingness to think outside-the-box. He is keenly aware of the challenges of racing's business model as an owner-breeder and is also an avid horseplayer. We are fortunate to have his support,” said TIF founder and board chairman Craig Bernick.

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