New York Gaming Commission | Horse Racing Free Tips

Rick Dutrow Returns to Work

Rick Dutrow was on the Belmont backstretch Tuesday morning preparing for the rest of his career after an absence of more than ten years, the result of his license being revoked by the New York racing authorities. Dutrow had his license reinstated by the New York Gaming Commission on Feb. 27, but said that Tuesday was his first day back at work.

“They gave me stalls in barn 28,” Dutrow said. “They allowed me to come back [Tuesday]. It was mid-day and I went straight to the barn to set things up. I will have a couple of horses by the end of the week and hope to keep adding from there. I'm back and all is good. I just want to look forward. I don't want to look back at what happened. How does it feel? Great. Just great.”

Dutrow said he will welcome his first horse on Thursday, one that will be arriving from Ocala by van. He was not sure when he will make his first start, but said he will look to claim horses right away.

“Everything has been cleared up,” he said. “There are no more rules or regulations standing in the way. It's all good.”

Showing some of the same bravado that was one of his trademarks before he lost his license, Dutrow said he was ready to celebrate after finishing work on Wednesday.

“I'm sweating after working,” he said. “I'm going to go take a shower and then have a couple of beers. I love it.”

While he so far has commitments to train just a handful of horses, he expects that his numbers will grow quickly.

“I'm ready to claim, ready to buy,” he said. “Then I'll be ready to win. I can't wait to start training horses again. I think after Saratoga is over I should have 25 to 35 horses. But who knows? I want to start claiming horses, but that's not always so easy since so many of the claims come down to shakes. But my intention is to have as many racing as I can and as quickly as I can. We'll be as aggressive as we can be.”

At the height of his career Dutrow was winning 150 or more races a year and dealt with some of the best horses in the sport, including GI Kentucky Derby and GI Preakness S. winner Big Brown (Boundary) and GI Breeders' Cup Classic winner Saint Liam (Saint Ballado).

When asked if he could start winning at that rate and in major races again, Dutrow replied: “I'm hoping so, that I can do as well as I did. I'm going to try.”

Dutrow, 63, said he was pleased with his barn assignment because it included a lot of empty stalls, which he hopes to fill.

“They put me in a good barn,” he said. “If I had a van load of horses coming in I'd have spots for them right away. In this barn, there's a lot of room for me to grow.”

Dutrow's last start came on Jan. 16, 2013 at Aqueduct. In 2011, he had his license revoked for 10 years by State Racing and Wagering Board, the predecessor of the New York Gaming Commission. He was charged with a number of violations that included the finding of syringes loaded with unauthorized medication in the desk draw of his barn. He fought the case until exhausting all his legal challenges early in 2013 and had his license revoked for 10 years. Upon the end of what amounted to a 10-year ban, Dutrow applied to the Gaming Commission for a license, which was granted in late February.

“Following a review by the bureau of licensing in consultation with the division of racing, the review found that Mr. Dutrow satisfied the penalty imposed by the Racing and Wagering Board and his record is bereft of transgressions during his period of revocation,” Gaming Commission Executive Director Rob Williams said at the time. “Accordingly, the bureau has determined to issue a license to Mr. Dutrow to participate in New York horse racing.”

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The Week in Review: Suspension of NYRA Clocker a Disgrace

The New York Gaming Commission has made so many bad decisions of late that it would be laughable if not for the fact they keep going after good people who have done nothing wrong.

The latest chapter is the story of NYRA clocker Richie Gazer.

Back in May, Gazer was handed a 30-day suspension and fined $2,500 “for altering a published work of a horse to make the horse eligible to race.” The horse in question, Papi On Ice (Keen Ice) was originally credited for a five-furlong workout on May 1 in the time of 1:04.60. At the time, the horse was on NYRA's “poor performance” list, the result of his having been eased in a Mar. 19 race and then losing by 26 3/4 lengths in a Apr. 16 race. In order to get off the list and to be able to race again, he needed a published four-furlong workout in:53 or faster. Oddly, the rule, which is a NYRA rule, requires that the work must be at four furlongs and at no other distance. When made aware that the work had to be a half-mile in order for the horse to get off the list, Gazer changed the distance to four furlongs and the time to what was Papi On Ice's split for a half-mile, :51.33. The Gaming Commission then stepped in and cited a rule that prohibits “improper, corrupt or fraudulent acts or practices in relation to racing or conspiring or assisting others in such acts or practices,” pretty harsh language for a case where all the clocker did was shorten the distance of a workout by an eighth of a mile.

Gazer refused to roll over, hired a lawyer and filed an appeal. A seven-hour hearing was held and the hearing officer recommended that the case be thrown out and that Gazer should not be penalized. It appeared that Gazer had won. But the case took a 180-degree turn last week when the Gaming Commission rejected the hearing officer's recommendation and voted 6-0 to uphold the original suspension. Karen Murphy, the lawyer representing Gazer, told the TDN that in the 30 years she has been dealing with New York racing regulators never before had she had a commission reject a decision from a hearing officer. Why even use a hearing officer if you are going to ignore what they have to say?

This all comes down to a matter of common sense. Gazer used his when he approved changing the distance of the workout, which was necessary to allow the horse to race and, otherwise, affected nothing. The rule is in place to keep clockers from playing games, giving a horse a five-furlong workout in 1:03 when they actually went in :58. That's not what happened here.

But common sense is in short supply when it comes to the Gaming Commission. Perhaps by the very letter of the rule, Gazer was guilty of some sort of infraction. The best way to handle this would have been to issue a warning and to tell him not to do it again. Use common sense. Don't fine him, suspend him and try to sully his reputation with outlandish charges of corruption and fraud. Don't go to such great lengths that the commission, by a 6-0 vote, ignored the findings of a hearing officer.

“Everybody is horrified,” Murphy said. “Richard Gazer has been doing this for 40 years and is respected by everyone. You should be pinning a medal on someone like him, not telling the world he is fraudster.”

It's all part of a troubling pattern. Since April, the Gaming Commission and its steward, Braulio Baeza Jr., have sanctioned four NYRA employees a total of five times and levied fines totaling $14,500. In most cases, it was nothing more than a case of the person making an honest mistake.

In June, Frank Gabriel, the New York Racing Association senior vice president of racing operations, was fined $4,000 for “failing to follow proper claiming protocol” resulting in the track stewards voiding the claim of the horse Battalion (Tiznow) on May 28. There was a mixup regarding the claim of the horse. The horse was claimed for $25,000 by trainer Rob Atras, but the claim was not relayed to the clerk of scales, so the horse was not brought to the test barn. That led to the voiding of the claim.

Someone made a mistake. It happens. And never mind that Gabriel had nothing to do with this. Nonetheless, Baeza saw reason to sanction him because, he told the Daily Racing Form, Gabriel was the head of the racing department.

NYRA Racing Secretary Keith Doleshel has been fined twice since April, on one occasion $2,000 for “failing to conduct business in a professional manner.” According to NYRA, here's what happened: “Due to an unintentional administrative error, an unauthorized agent claimed a horse. . . . NYRA subsequently discovered the error and notified the NYSGC of its findings.” A horse was claimed at Saratoga by someone who was not licensed by the Gaming Commission or registered with the Jockey Club. But, again, it was an “unintentional error” committed by someone who has never previously been accused of being unprofessional and the mistake was caught. Doleshel has appealed the ruling through his attorney, Drew Mollica.

As for Gazer, there doesn't appear to be a path whereby the fine and suspension can now be overturned. Murphy says she plans to make the point that the Gaming Commission didn't follow procedure when it comes to transparency. The commissioners did not debate or discuss the details of the case during the open, public meeting, which she says is required.

“The chairman knows nothing about racing and shouldn't have done what he did,” she said of Gaming Commission Chairman Brian O'Dwyer. “We all should be upset about this on legal grounds.”

But that's probably not going to help Gazer. He will have to pay his fine and sit out 30 days, the latest example of an overreach by the New York Gaming Commission and its steward. Someone who has been doing this a long time and has earned a reputation for being a straight shooter, Gazer deserved far better.

The Woodward and Cigar Mile Downgraded

The American Graded Stakes Committee showed some tough love to NYRA last week, downgrading the Woodward S. and the Cigar Mile H., from Grade I races to Grade II's. The move wasn't without controversy. The Woodward is a prestigious race with a long, rich history. Twenty of its winners are in the Hall of Fame. During a seven-year stretch beginning in 1974, the race was won by Forego (four straight), Seattle Slew, Affirmed and Spectacular Bid. This year's Cigar Mile included four Grade I winners, including the winner Mind Control (Stay Thirsty), which made the timing of the downgrade a bit puzzling.

As tough as this may have been for NYRA to swallow, it was the right move. Everyone complains that, considering the declining number in the foal crop and that top horses usually only race four or five times a year, there are too many graded races and too many Grade I's. You can't have it both ways and complain about the Woodward and the Cigar. The committee is to be commended for making some tough decisions. There are still 440 graded races and 97 Grade I's. That's too many.

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The Week in Review: Nest Belongs in the Travers

For Nest (Curlin), the easy route to the Breeders' Cup includes a stop in the GI Alabama Aug 20. It's a prestigious race, has a $600,000 purse and Nest would be an odds-on favorite against many of the same horses she thrashed Saturday in the GI Coaching Club American Oaks. But what fun is that?

Owners Mike Repole, Michael House and Eclipse Thoroughbred Partners and trainer Todd Pletcher have already shown that they will think outside the box. They ran their filly in the GI Belmont S., where she finished second despite stumbling and getting bumped at the start. It was a huge effort and proved that she can handle herself if thrown into the mix with the sport's best 3-year-old males.

Yet, there had to be a sense of disappointment that she ran so well but lost. Now, there is a chance to make amends, one that could put Nest into the conversation when it comes to the Horse-of-the-Year picture. There's a race out there where she could make history and it's not the Alabama. Nest should go in the GI Travers S.

It's a race the connections will consider.

“We're leaning towards [the Alabama],” Pletcher said Sunday. “I had a brief conversation [with her owners] though and we did not completely rule out the Travers. She showed she can hold her own against [males] and we know the mile and a quarter suits her. So, we'll keep it in the back of our mind. I'd say all things being equal, we'll probably see her in the Alabama.”

The Travers is the right call. For one, she can win it. She got a 104 Beyer for winning the CCA Oaks, two points better than the number Cyberknife (Gun Runner) received for winning the GI Haskell S. on the same day. Among those eyeing the Travers, only her stablemate, Charge It (Tapit), who got a 111 Beyer when winning he GIII Dwyer S., is notably faster. Nest is in the same range as all the other top colts.

And, yes, the Travers will be a very tough race, but it got a lot easier Saturday when Jack Christopher (Munnings) finished a tiring third in the Haskell, all but cementing his status as a horse that wants no part of 1 1/4 miles. The race has also lost Mo Donegal (Uncle Mo), who beat Nest in the Belmont but has since been sidelined.

This has become a sport where there are few chance-takers and the sportsmen have given way to the businessmen. But there remain some out there who get it, that it doesn't always have to be about the money and that you can't put a price on challenging yourself and doing something special. Get Nest to the Travers winner's circle and you have done something that will stamp her as one of the greatest fillies of her generation. In modern times, no filly has won the Travers. Seven fillies have won the race but none since Lady Rotha in 1915. That's 107 years.

It will take a special filly to erase 107 years of history and owners and a trainer who understand the historical significance of pulling off such a feat. In Nest, Repole, Eclipse, House and Pletcher we may just have that combination. For them, winning the Alabama would fall under the category of “just another race.” The Travers would be so much more.

A Missed Opportunity

Fixed odds wagering may some day become a big part of how people bet on the sport, but the slow progress the concept is making is frustrating. It remains available only on Monmouth Park races and only to on-track customers at Monmouth.

Just imagine, though, for a minute, what might have happened last week had fixed odds bets have been available and had they been available to sports betting customers through their on-line wagering accounts.

The Wednesday following the MLB All-Star game is the single slowest day of the year for sports betting. When it comes to the four major sports, nothing is available. It's normally the only day of the year when that is the case.

There's a huge void and maybe some day racing can fill it and fill it in a way that can expose the sport to hundreds of thousands of sports bettors craving action on a Wednesday. But that can't happen until much more progress is made, starting with the advent of fixed odds and getting the product available on sports betting websites. This is something everyone needs to get behind.

Juan Vazquez and Fake News

The New York Gaming Commission came out last week with a press release crowing about how Juan Vazquez has beeen banned from running horses in the state through Jan. 26, 2025. That's sort of like announcing that today is Sunday.

The New York regulators did nothing other than honor the reciprocity agreement that exists among all horse racing states and has been around forever. Vazquez was suspended by the Pennsylvania Racing Commission, so New York, and everyone else, had no choice but to honor the suspension. There was absolutely no need to tell everyone that New York was honoring the suspension and by doing so it looks like the New York commission was looking to take credit for something it had absolutely nothing to do with.

Because the Pennsylvania suspension did not take effect until a few days after it was announced, Vazquez was able to run six horses in Saratoga after it was announced that he had received the lengthy suspension after the Pennsylvania regulators alleged that a horse he shipped from Belmont to Parx arrived in such bad shape with a severe case of laminitis that it had to be put down. The Pennsylvania stewards said his actions were “grossly negligent, cruel and abusive,” yet there he was running in Saratoga. That's a terrible optic.

If the New York Gaming Commission really wanted to do something about Vazquez, it should have taken steps to keep him from running in Saratoga.

On Jack Christopher

So, Jack Christopher is not a two-turn, mile-and-an-eighth horse. At least he sure didn't look line one in the Haskell. But that doesn't mean he still can't have a sensational ending to his 3-year-old campaign. He's still a very fast horse. Trainer Chad Brown can now look to races like the GI Allen Jerkens Memorial and, maybe, the GI Breeders' Cup Sprint, where we could see what could be a scintillating showdown between Jack Christopher and Jackie's Warrior (Maclean's Music).

“We tried!,” began a tweet Saturday from Liz Crow, who purchased the colt for his owners. “Jack Christopher doesn't want nine furlongs. Cut him back to one turn and we will enjoy the ride from there.”

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NY Gaming Commission Upholds Void of Claim

A hearing officer for the New York Gaming Commission has upheld the voided claim of Battalion (Tiznow) in the fourth race at Belmont Park, May 28. Bella Mia Stables LLC and their trainer Bob Klesaris had entered the horse into the race with a $25,000 claiming tag. When owner Sanford Goldfarb and trainer Robert Atras claimed the horse, no one notified the Klesaris barn and the horse was returned to their barn, rather than the test barn. The New York Stewards decided to void the claim, and Michael De Bella, Bella Mia's owner, and attorney Drew Mollica appealed that decision.

“I conclude that, on this record, the Stewards did not abuse their discretion and, therefore, affirm the decision of the Stewards to void the claim,” wrote Gaming Commission Member Peter J. Moschetti Jr. in his decision. “The horse's prompt presence in the test barn is required to protect the claimant, who may, if circumstances warrant, avail himself of provisions in Commission Rule 4038.5(a)(4) to have the claim deemed void, if a Commission-designated veterinarian determines that the horse is lame pursuant to the standards of such rule. Rule 4038.5(a)(4) provides that the claim of a horse determined to be sufficiently lame by the Commission-designated veterinarian shall be deemed voided unless a representative of the claimant is present in the test barn and, instead, `decides immediately to accept the horse.'”

It was the job of the NYRA Clerk of Scales Jack Welsh to ensure that notice of a claim is given to the groom of the claimed horse, and he admitted that he had failed to do so.

“Appellants did nothing wrong here,” continued Moschetti in his decision. “Battalion's trainer did eventually bring the horse to the test barn when belatedly informed of the claim, but through no fault of Appellants, time had passed already from the end of the race. Claimant did nothing wrong here, either. However, through no fault of Appellants or Claimant, Claimant was deprived of the assurance that the horse was under the observation of Commission staff from the end of the race until delivery to the test barn for examination.”

Because there is no specific Commission rule on how to handle such a situation, Moschetti said, the Stewards have discretionary power to to impose a remedy. Battalion finished last in the race as the 2-1 favorite.

“I need not make any judgment about whether the Stewards' decision was the only plausible one they could have made, or whether their decision may or may not have been the best one. Rather, I conclude that in applying a Rule that empowers the Stewards to make a discretionary decision in unusual circumstances, the Stewards did not abuse that discretion in retuning the ownership of this horse to the status quo ante.”

“Michael De Bella is happy he fought this fight,” said Mollica, “although we obviously disagree with the commissioner's decision. This case brings to light the arbitrary and capricious nature that have recently been handed down in New York Racing. The facts here are clear and while in the final analysis, the hearing officer stated that although the decision might not be the right one, the Stewards' discretion rule carried the day. My client and I remain convinced, however, that the Stewards' discretion in this case was arbitrary and ill-advised at best, and illogical at worst.”

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