Audit Reveals $272K in Uncollected Commission Fines

A state audit of the New Jersey Racing Commission (NJRC) that sampled the records of 100 individuals listed as never having paid their fines for racing infractions has revealed that at least $272,000 remains uncollected, with 76% of that money being outstanding for penalties that were imposed by the NJRC as long as two decades ago.

The Office of the State Auditor, which probed various aspects of the commission for the period between July 2016 through March 2020, also stated that the commission-produced equine fatality reports “are not always complete and the timeliness of the submission of reports cannot be determined.”

Although the audit stated that the commissions finances were generally properly processed and recorded in the state's accounting systems, there were concerns over some missing cash receipts for certain licensing and fingerprinting transactions at the commission's offices at Monmouth Park, Meadowlands Racetrack, and Freehold Raceway.

John Brennan of njonlinegambling.com first reported on the audit, a copy of which can be accessed here.

“We judgmentally selected 100 of 138 licensed individuals with outstanding fines over 90 days from the NJRC List of Fines Not Collected report for the period March 13, 2000 through August 30, 2019,” the audit stated. “The individuals listed in the report did not pay their fines within the required 48 hours. We reviewed the NJRC system to verify if these individuals were suspended and placed on the security guide and noted the commission did not suspend the licenses of 18 individuals.

“In addition, for the same sample of 100 individuals, we noted 91 rulings with fines totaling $272,000 are still outstanding, of which 69 rulings totaling $215,725  range from 10 to 19 years old. If an agency is unable to collect debt within 90 days, the account should be transferred to the Department of Treasury, Division of Revenue and Enterprise Services for further collection efforts….The lack of the commission's enforcement of controls with regards to suspensions increases the risk that suspended individuals could participate in horse racing activities.”

The NJRC was allowed to attach a written response to the state audit. The commission disputed some of the audit's findings on the unpaid fines and lack of suspensions.

“We have reviewed the 18 licensees in question and found that only one licensee received a license to race in New Jersey after failing to pay a fine,” the NJRC stated. “That license was issued in 2009, and has not been renewed since then. All of the licensees who are neither deceased nor out of business, have been placed on the NJRC Security Guide. Individuals placed on the Security Guide do not obtain licensure for as long as their fines remain unpaid.

“It is important to note that the NJRC has a backup procedure in place intended to ensure that persons who do not pay fines do not race. When an individual with an outstanding fine comes in to be licensed, even if they are not on the Security Guide, the billing screen will show the outstanding, unpaid balance in red. The NJRC licensing inspectors are trained to refuse to issue a license until the fine is paid.”

With regard to the equine fatality reporting, the audit cited a lack of required tattoo numbers for some deceased horses and the omission of other required identifying information as mistakes that needed to be corrected moving forward.

“We reviewed the equine fatality reports from calendar year 2014 through calendar year 2018 to determine if the reports were complete,” the audit stated. “Eighteen of the 111 reports (16%) reviewed were submitted without the tattoo number. Thirty-four of the 111 reports (31%) were submitted with inadequate information regarding the carcass removal. Six of the 111 reports (5%) were missing the necessary signature of either the trainer, custodian, or veterinarian. Eight of the 111 reports (7%) were submitted without the owner or trainer's name being listed.

“In addition, we could not determine the timeliness of the submission of any of the reports to the commission because the reports were not date-stamped when received,” the audit summed up.

The NJRC responded that it has already proposed a series of amendments to the New Jersey Administrative Code that would improve the fatality reporting. Those amendments were proposed back in December 2019, the NJRC stated. But the commission's response didn't address why it's taken nearly 1 ½ years to get those better reporting guidelines on the books.

The NJRC is supposed to consist of nine members appointed by the governor, but there continue to be five vacancies on the commission in the governor's fourth year in office.

The commissioners are Pamela Clyne (chair), Michael Arnone, Francis Keegan, and Glen Vetrano. Judith Nason is the executive director in charge of daily operations.

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NJ Horsemen Settle With Sports Leagues for $3.4M, Far Below Sought-After $150M

The years-long bid by New Jersey Thoroughbred Horsemen’s Association (NJTHA) to seek $150 million in alleged damages from the four major team sports leagues and the college sports regulatory body (NFL, MLB, NBA, NHL and NCAA) ended Jan. 11 with a far lesser settlement approved by a federal judge, who wrote that the case has been “amicably resolved” among the parties.

According to the three-page “stipulation and order” signed Monday by United States District Court (New Jersey) Chief Judge Freda Wolfson, in exchange for ending its legal pursuit for more money, the NJTHA will be entitled to collect on a $3.4-million escrow bond posted by the leagues back in 2014 when the leagues first tried to block Monmouth Park’s initial attempt at getting sports betting up and running.

That was four years before the May 2018 U.S. Supreme Court ruling that struck down the federal law that had prohibited sports betting in all but a few grandfathered states.

Soon after that 2018 Supreme Court ruling, the NJTHA-run Monmouth opened for legalized sports betting. But the NJTHA continued to chase after the money that had been placed in escrow back in 2014 to cover a one-month period when the case was first being adjudicated.

That pursuit for damages above the bond amount seemed to be emboldened when a September 2019 decision by a U.S. Court of Appeals (Third Circuit) panel of judges ruled that because Monmouth had initially been unlawfully subjected to a no-sports-betting injunction for 28 days in 2014, it had been “wrongfully enjoined” because it “had a right all along to do what was enjoined when the leagues first tried to block sports betting.”

The NJTHA then claimed in court filings that it was entitled to damages of $150 million, far higher than the amount that had been escrowed. The association’s argument was that it got wrongfully shut out of sports betting for four years, not the original four weeks that the escrow period covered.

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New Jersey Fixed-Odds Pilot Program Cleared for 2021

Even as a separate bill to allow fixed-odds wagering on in-state horse races is making its way through the New Jersey Legislature, the state’s racing commission voted 4-0 Nov. 18 to give consent for licensees to try a fixed-odds pilot program during 2021 that would be limited to bets on out-of-state Grade I races.

The vote was unanimous but not without misgivings, as several commissioners voiced concerns prior to the vote that fixed-odds betting would cannibalize the existing pari-mutuel system and eventually erode New Jersey’s racing industry.

And one New Jersey Racing Commission (NJRC) member had to be corrected just prior to the vote because he thought the board had been discussing exchange wagering and not fixed-odds betting (It was unclear who, because commissioners often cross-talked and did not identify themselves when speaking during Wednesday’s teleconference meeting).

But the fact that the current bill, introduced Oct. 31, seems to have considerable political heft behind it appeared to be an overriding factor in the unanimous vote, as the presumed wishes of elected and appointed officials surfaced several times during the discussion.

“The pilot program would be regulated by the Division of Gaming Enforcement (DGE),” explained Judith Nason, the NJRC’s executive director. “DGE has the authority to regulate fixed-odds wagers, which [are] also known as sports wagers.

“So, the question before you today is whether the commission wants to grant its consent to fixed-odds wagers [on] Grade I stakes races of national interest that are being conducted in another state through Dec. 31, 2021, which would allow the pilot program to move forward,” Nason continued. “It would allow the attempt to gauge interest [in] fixed-odds wagers on horse racing. At the same time, there is proposed legislation that is moving forward that would broadly allow fixed-odds wagers on horse races.”

Asked by a commissioner what the benefit of the pilot program would be to New Jersey’s horse racing, Nason replied, “It would bring benefits to the sports wagering operators, and to a certain extent to, you know, that the revenue can be shared and some of it can be directed for purse money.”

Dennis Drazin, the chairman and chief executive of Darby Development LLC, which operates Monmouth Park and its sports book, weighed in with a different perspective.

“I think it’s commendable that we start with a pilot program until such time as the legislature has an opportunity [to vote on it] and the governor signs off, assuming we get to that point,” Drazin said.

“We’ve been hung up for six months on whether or not a wager on a horse race is s sports bet or a horse racing bet, because they’re handled differently. The proposed legislation says it’s a horse racing bet,” Drazin said.

“I gather that the attorney general, if I read Judy [Nason] correctly, has weighed in and feels that we should start with the pilot program for Grade I races only,” Drazin said.

Commissioner Michael Arnone expressed doubts about the long-term repercussions of fixed-odds betting prior to casting a “yes” vote in line with the other commissioners.

“I get the feeling like we’re the good monsignor getting called up to give last rites to the pari-mutuel system. I mean, I think the pari-mutuel system will lose out in the end if it has to compete,” Arnone said. “We’ll see what happens, but unfortunately, I’ve got a very negative view of it.”

Drazin said his support for trying the system is based partially on repeated complaints he hears from pari-mutuel customers about fluctuations in odds after a race goes off.

“The Australian [fixed odds] model has proven to grow their industry. And with a significantly less population in Australia than we have here, they out-handle us,” Drazin said. “I think it’s important that we look at this. Nobody knows what the future is going to be…In the early days, it will have a minimal impact [on pari-mutuels]. But five years down the road, a significant portion of the handle will be fixed odds.”

Prior to the unanimous vote, Drazin had asked the NJRC to widen to scope of the pilot program to include all graded North American stakes races, graded international races, and Monmouth’s two in-state Grade Is, the Haskell S. and United Nations S.

But Nason wouldn’t allow those modifications to the template for the pilot program, which had been handed down by the DGE. That leaves New Jersey’s bet-taking licensees with about 90 to 95 Thoroughbred races on which to offer fixed-odds wagering in 2021.

Based on Drazin’s comments, Monmouth appears set to embrace the pilot system. When asked by the commission, a Meadowlands official declined the opportunity to comment on the program.

“Lastly, I would ask you to just consider what you’re going to do if one track–and I’ll just give you an example, let’s say Churchill Downs–decides they’re going to authorize fixed odds on the [GI] Kentucky Derby, but they’re not going to give it to anybody else except to [the] Churchill [advance-deposit wagering system that] operates online in New Jersey. Do you think that that would have a negative impact on the rest of us?”

Thoroughbred Dates Approved for 2021

Also on Wednesday, the NJRC unanimously approved 2021 Thoroughbred dates at Monmouth (53 days, May 28-Sept. 26) and for a turf-only meet at the Meadowlands (nine days, Oct. 1-30).

John Heims, Monmouth’s racing secretary and director of racing, said that the track is going back to “more of a traditional” Memorial Day weekend opening like in past seasons. That calendar, he added, allows Monmouth to better dovetail with the closing meets at Oaklawn Park and Tampa Bay Downs, “so I think it actually bolsters out ability to offer a better racing product.”

In 2020, the New Jersey Thoroughbred Horsemen’s Association had approval to run 56 days at Monmouth and 19 at the Meadowlands. But the pandemic lopped off the start of the Monmouth meet and caused the cancellation of what was supposed to be the first dual-surface Thoroughbred meet at the Meadowlands since 2009. Those dates were transferred to Monmouth instead, where a total of 60 programs were run this year.

The topic of running both dirt and turf races at the Meadowlands in 2021 did not come up at Wednesday’s meeting.

 

Monmouth Reports $2.5 Million-plus Racing Loss

A separate section of the agenda dealt with the distribution of monies from the Casino Simulcasting Special Fund, which requires New Jersey racetracks to show evidence that their financial well-being has been negatively affected by casino simulcasting and/or that the racetrack is “financially distressed” in order to receive those funds.

During that agenda item, Nason said all three state tracks (Monmouth, Meadowlands, Freehold Raceway) met those requirements. Although a specific time frame for the financials was not mentioned, Nason read into the record that “Monmouth Park reported losses in excess of $2.5 million from racing operations while also citing the [NJTHA’s] debt obligations to the [New Jersey] Sports and Exposition Authority, which exceed $9 million through 2024.”

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New Jersey Governor Signs Bill Removing Geolocation Restrictions For New Jersey Horseplayers

New Jersey residents can now use their New Jersey wagering systems online even when they're in another state, thanks to a bill signed last week by Gov. Phil Murphy.

Previously, geolocation restrictions had applied to New Jersey horseplayers, preventing them from accessing their accounts if they were using phones or computers with IP addresses showing they were out of state. The new law will not permit New Jersey residents to wager while physically located in a state that doesn't allow betting.

The bill passed the state assembly 73-0 in June and 35-0 in the state senate last month.

“All New Jersey residents should be allowed to place wagers on horse racing no matter where they are, whether it's online or through an agency,” read a statement from bill co-sponsor Ronald Dancer (R-Ocean). “With the changes in technology, our access to place wagers has changed, and the law should reflect those changes. It's also critical we do everything we can do to keep our staple industries afloat during and after the coronavirus pandemic.”

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