new york state gaming commission | Horse Racing Free Tips

NY Passes Suspension Restrictions, Takes Aim at Mutuel Uncoupling of Married Jockeys

Without any public discussion among commissioners and in quick succession by unanimous voice vote, the New York State Gaming Commission (NYSGC) Monday enacted a new rule designed to keep jockeys from stalling via filing appeals to get out of serving riding suspensions during the lucrative Saratoga Race Course meet.

In similarly brisk fashion, the NYSGC also set into motion Feb. 28 the advancement of a proposed regulation to lift controversial pari-mutuel restrictions related to married jockeys competing in the same race. This measure must come back for a final vote after publication in the state register and a presumably final round of public commentary.

It's now been 14 months since newlywed spouses Katie Davis and Trevor McCarthy made unwanted headlines when an antiquated NYSGC rule requiring the mounts of married jockeys to be treated as a single betting interest forced confusing pari-mutuel couplings in 41 races in which they competed against one another.

Between Jan. 1 and Mar. 21, 2021, McCarthy and Davis's mounts in common races at Aqueduct cost an estimated $4.2 million in handle loss.

The regulation in question, rule 4025.10 (f), states, “All horses trained or ridden by a spouse, parent, issue or member of a jockey's household shall be coupled in the betting with any horse ridden by such jockey.”

The application of that little-used rule was widely bemoaned by the betting public and termed as sexist by some critics. But the NYSGC did not address the controversy during any open, public meetings in 2021 while a piece of legislation to update the regulation sailed unanimously through both the Assembly and Senate.

But on Oct. 25, that bill was surprisingly vetoed by New York Governor Kathy Hochul, who explained that she would instead be directing the NYSGC to review the “continued need for mandatory coupling and the circumstances under which such a requirement might be relaxed.”

That directive resulted in a Jan. 11, 2022, commentary-seeking pow-wow of Thoroughbred industry stakeholders, regulators, and track officials, during which not a single person advocated in favor of keeping the antiquated rule as written.

Monday, the matter was finally up before the NYSGC to put in motion the process of changing the old regulation by simply deleting the word “shall” from rule 4025.10 (f) and replacing it with the phrase “are not required” to be coupled.

'Saratoga' rule changed

The so-called “Saratoga rule” dates to an initiative from June 2021 in which the NYSGC sought to end the resource-draining practice of jockeys appealing riding infractions during big-money race meets like at Saratoga, then withdrawing those protests once the meet was over for the sole purpose of delaying a suspension until it was more convenient for the penalized rider to serve the days.

The resulting re-write gives the commission discretion to instead make the jockey sit out a suspension at a subsequent meeting at the same track, meaning a rider's Saratoga penalty might not be able to get pushed back to, say, Aqueduct in the winter, if the stewards opted to make the days instead carry over to the start of the next year's meet at the Spa.

The measure voted in on Monday reads: “If a jockey commits a riding infraction and the penalty of a suspension or revocation is not served during the same race meeting, then the commission in its discretion may order that the penalty be served, in whole or in part, at a subsequent race meeting at the same track.”

According to a brief written by NYSGC general counsel Edmund Burns, only one entity, the Jockeys' Guild, filed a public comment on the proposed rule change. Burns summed up the opposition as such:

“The Jockeys' Guild opposes codifying this policy as a regulation. Instead, the Jockeys' Guild suggests that hearing requests brought in bad faith should subject a jockey to sanctions if the appeal is found to have been brought frivolously.

“The Jockeys' Guild also suggests that the regulation allow for jockeys who are suspended for minor riding violations for 10 days or less be permitted to ride in “designated races” during the suspension, serving a day of suspension at a later time to make up for the designated race day. The Jockey's Guild suggests that such a policy may decrease the number of jockey challenges.

“In the alternative, the Jockeys' Guild states that if the rule is adopted, the rule should retain the provision allowing for discretion in whether a penalty should be served at the same track.”

The NYSGC staff responded in writing to the Guild's suggestions. But the response was redacted in its entirety from Burns's brief, so it can't be published here.

Other proposed rules

Also advancing to publication in the state register and the required public commentary period on Monday were:

a.) An amendment to the regulation governing licensing for a jockey agent that removes the requirement for an applicant to have been previously licensed as an exercise person, apprentice jockey, jockey, assistant trainer or trainer for at least one year. The proposed change would instead allow the stewards to determine whether an applicant is qualified. TDN first reported on this seemingly restrictive practice back in 2020.

b.) Amendments to the jockey equipment weighing rules that would eliminate the need for jockeys to be weighed with muzzles, martingales and breastplates, like in Florida, Kentucky, California, and other states.

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Report: Investigation Reveals Former NYRA Steward Engaged In ‘Favoritism,’ Failed To Keep Records Of His Actions

A steward for the New York Racing Association from 2014 through 2019, and employed by the New York State Gaming Commission in other roles since 1986, Stephen Lewandowski has been revealed as the subject of a state investigation that indicated he engaged in “favoritism” and “inconsistent application of policies,” reports the Albany Times-Union. The report, by a New York inspector general, was released as part of a pledge of Gov. Kathy Hochul's administration to be more transparent.

The inspector general's investigation, conducted in 2018, stemmed from a complaint filed by an unnamed owner who claimed Lewandowski had been withholding the purse money his horse had won. Then–acting Gaming Commission Inspector General Lisa Lee discovered the owner and his trainer had been in a dispute about training/veterinary fees, and that Lewandowski had withheld the purse money for more than a year without either notifying other Gaming Commission officials or filing a suspension of the owner.

Lewandowski's colleagues also told investigators that he was “arrogant, condescending, intimidating and disrespectful” and acted like “God at the track.”

The investigative report concluded: “Lewandowski's fitness to represent the commission as a steward should be reconsidered given his actions against licensees who have not been suspended or revoked, his lack of understanding as to his role vis-a-vis the Division of Horse Racing and Pari-Mutuel Wagering and the commission as a whole, as well as his lack of record-keeping related to actions taken.”

However, Lewandowski kept his job for seven months after the date of the report, at which point he retired voluntarily. Contacted by the Times-Union, Lewandowski said he was completely unaware of the inspector general's findings.

Recently, Lewandowski has been in the news for his ardent support of embattled Hall of Fame trainer Bob Baffert during a suspension hearing called by the New York Racing Association.

Under questioning from Baffert's attorneys, Lewandowski said he had no dealings with Baffert on any integrity or rule violation issues in his time serving as a steward in the state. Lewandowski said he called Baffert sometime after he was suspended by NYRA to offer his support.

“I feel like he's been unfairly taken advantage of,” Lewandowski said. “He's never had any problems in New York.”

On cross examination, NYRA attorney Henry Greenberg questioned that point by Lewandowski, bringing up the controversy about Baffert's non-coupled entry in the 2018 Belmont Stakes. Baffert saddled both Triple Crown winner Justify in that race as well as Restoring Hope, who was piloted by Florent Geroux. Mike Repole, co-owner of Vino Rosso and Noble Indy, would later complain to New York Post writer Tom Pedulla that Geroux put in a “reckless” ride aboard Restoring Hope, possibly in an attempt to block some of Justify's competitors.

Headlines in the Post questioned officials' decision not to launch an investigation into the race. Lewandowski said that he eventually spoke to Repole but also that he did not recall Repole's complaint. He said he did not speak to Baffert about the incident, and said he did not recall subsequent media coverage questioning the stewards' lack of investigation. He also said he did not recall eventually reversing course and speaking to Geroux, nor did he recall a meeting with the other stewards, who Greenberg suggested disagreed with each other on the best way to handle the situation.

Then, Greenberg asked Lewandowski about his support of Rick Dutrow, who was suspended 10 years and fined $50,000 after one of his horses tested positive for butorphanol and three hypodermic needles were discovered in a desk drawer in Dutrow's office. Following his retirement in 2019, Lewandowski wrote a letter to the Gaming Commission and to the Queens County District Attorney saying that Braulio Baeza Jr., then a NYRA steward, told him the syringes were planted.

Baeza later denied he told Lewandowski this. Baeza is the new state steward who holds Lewandowski's former job.

As to the dispute in stories between himself and Baeza, Lewandowski let loose.

“Braulio Baeza, one of us is lying. It's either Braulio Baeza or me. Are you accusing me of lying?” yelled Lewandowski during Baffert's hearing. “One of us is lying. Why would Braulio Baeza speak to me about Rick Dutrow, who he had nothing to do with. One of us is lying. And I'm not accusing anybody. But it's either him or me. And believe me, he said it to more than one person.

“…Are you calling me a liar, sir? Are you calling me a liar? I am not a liar … I thought Braulio Baeza was a good man. One of us had the information to help a man who was wiped out.

Cohen: Harness Racing Is Trying To Ignore Biggest Scandal (Yet) Of The Year

“If you see something, say something,” unless it's embarrassing and maybe criminal.

The biggest story in horse racing last week was the federal conviction of Dr. Seth Fishman after a horse-doping trial that ought to strike fear in the hearts of the racing communities across the world. Seemingly caught red-handed, with his lawyer lamely trying to portray him as a paragon of virtue, Fishman almost certainly is going to prison. It's even more certain that his customer database, in the hands of federal lawyers or investigators and now made public, threatens to turn a really bad scandal about the prevalence of doping into an existential crisis for both Thoroughbred and Standardbred racing.

The second biggest story of the week, at least as far as harness racing goes, was the industry's lack of alarm about Ross Cohen's testimony in Fishman's trial. Cohen was a harness trainer of little note until he pleaded guilty and then helped the feds incriminate Fishman. As part of his plea deal, Cohen told prosecutors and the jury that he fixed harness races at Yonkers Raceway, in New York, one of the most historic and important tracks in the country. Cohen made the allegations under oath and penalty of perjury and it's hard to imagine that federal prosecutors don't have a reasonable belief that he is telling the truth.

The third biggest story of the week, in harness racing, was the decision by Jeff Gural, owner and operator of the New Meadowlands Racetrack (and, full disclosure, a partner of mine in several horses) to allow trainer Adrienne Hall to race horses at the track despite her damning testimony against Fishman. Hall says she bought the illegal drugs Fishman was peddling and used them on a horse, who did so well doped up Hall felt compelled to thank Fishman for the juice. “He dominated. He was a completely different animal. I was so happy,” Hall reportedly told Fishman. Like Cohen, Hall copped a plea. Unlike Cohen, Hall is getting another chance.

And, finally, came publication of the Thoroughbred Daily News' interview with Scott Robinson, now serving time in a federal penitentiary in Florida for selling and distributing misbranded and adulterated drugs. “I sold to everybody,” Robinson now says. “More people should be indicted. Definitely.” But he adds that the feds (and presumably state racing commissions) have not pressed him to divulge the names on his customer list and he isn't inclined to do so. He told Bill Finley at TDN without an apparent shred of irony: “I know my career is over, but there are people out there who still work in racing and their livelihoods are at stake.”

These are stories about cheating and doping and bad medicine that are vitally important today and likely to be important for years to come. They raise questions and concerns of racing integrity at a time when the future of the Horseracing Integrity and Safety Act hangs in the balance. A federal judge is likely to rule soon on a request for an injunction against the federal legislation, a challenge brought by a few rogue horsemen's associations, including the United States Trotting Association, the increasingly-divisive trade group that wants to scuttle HISA even though harness racing is not covered by the limbo-ed new law.

There are, thankfully, still enough independent media voices within the world of Thoroughbred racing (including The Paulick Report, of course) to cover these stories and to shed light on the problems the industry faces. The same cannot be said of coverage of harness racing. There are only a few outlets that offer anything resembling independent news coverage and virtually none of that coverage is investigative. Some of this is a matter of practicality. There simply aren't enough legitimate journalists who are both interested in and capable of covering the sport. And some of it is a matter of policy. Few want to pay someone to ask tough questions.

So we get what we've gotten over the past few weeks. Belated pool coverage of Fishman's doping trial (coverage which, I should say, was good) and virtually no public mention of Ross Cohen's role in the case. “I paid drivers for somebody to hold their horses back in races,” Cohen reportedly testified. Which drivers? He was not asked and did not say. The New York track is owned by MGM Resorts and presided over, at least from the horseman's perspective, by Joe Faraldo, who is both the president of the Standardbred Owners Association of New York and chairman of the United States Trotting Association.

Faraldo, you might recall, was linked as an owner at some point with one of the trainers later indicted by the feds. Was Faraldo on a witness list for the Fishman trial? Is he on a witness list for related trials? Has he been approached by federal investigators or defense attorneys to share what he knows about the operation of Yonkers as it relates to the conduct of Fishman and Cohen? We don't know. Is Yonkers or the New York racing commission or Faraldo's horseman's organization investigating the recent allegations? We don't know. Has the USTA ever looked into whether Faraldo's dual roles create conflicts of interest? We don't know.

Brad Maione, a spokesman for the New York State Gaming Commission, was particularly unhelpful. He told me recently: “We cannot confirm or deny whether an investigation is being conducted.” When I asked whether any New York racing licenses had been suspended or revoked as a result of the federal case he responded: “We cannot confirm or deny whether an investigation is being conducted.” When I asked if state regulators were cooperating or had cooperated with the feds during the course of the investigation, he responded: “The commission regularly collaborates with state, federal and local enforcement.”

We certainly can't go to the USTA's website for answers. The USTA is quite capable of promoting stories it wants to share with its readership. Its propaganda campaign against the HISA shows there is plenty of room on that main page for stories about racing integrity. But the Fishman trial? The USTA put up the pool piece after Fishman was convicted. Cohen's allegations against Yonkers drivers? I still have not seen a word of it on the USTA's site. Maybe that's because Faraldo, speaking on behalf of the USTA, keeps embarrassing himself in national publications when given the opportunity to denounce the Fishmans of the world.

The USTA's laughable pro-integrity campaign is based around the bumper-sticker line: “If you see something, say something.” Well, Ross Cohen saw something. And Ross Cohen said something. He said he was part of something illegal at Yonkers. He said it under oath. What's the USTA going to do about that, apart from ignoring that news on its website? Who is going to call for an independent investigation into racing at Yonkers Raceway? The USTA and Hanover Shoe Farms, the sport's largest breeding operation, established a $250,000 matching fund grant in 2020 to “support the work of restoring full integrity of that sport.” Is some of that money going to go into investigating Cohen's allegations? If not, why not?

I asked a USTA director some of these questions last week and the responses I got help explain the ways in which the organization is much closer to being part of the problem than being part of the solution. “In general the USTA does not do investigations,” I was told when I asked about the Cohen case. “We are not a news reporting organization in this manner,” I was told when I asked about reporting Cohen's allegations. Conflicts of interest? “If an issue would become too close to a Director he/she would likely remove themselves from the issue in question,” I was told, a fiduciary standard that I suspect doesn't cut it on Wall Street.

If I were an honest driver at Yonkers I would want my name cleared from the allegations Cohen leveled at the trial. If I were an honest trainer at Yonkers I would want to know more about what Cohen says he did and how he says he did it. As an owner of horses who race at Yonkers I want to know more about the race-fixing schemes. If I were a bettor, I wouldn't bet a dollar more there until I know the scheme that Cohen described ended when he was caught. None of this should be controversial. Either the USTA, New York regulators, and the SBOANY are as dedicated to protecting honest horsemen and horsewomen as they say or they are not. We all are better off knowing the answer to that question sooner rather than later.

Andrew Cohen is a Standardbred owner and breeder and a two-time winner of both the John Hervey Award and the O'Brien Award for commentary on horse racing.

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New York: Hearing Prompts Discussion About Elimination Of Coupled Entries

Tuesday's hearing held by the New York State Gaming Commission was convened to look into the rule that requires married jockeys to be coupled entries for wagering purposes, reports the Daily Racing Form. While the speakers advocated for the elimination of that rule, the conversation evolved to suggest the elimination of all coupling requirements in New York as a way to boost wagering handle.

The marriage coupling rule came under fire when jockeys Trevor McCarthy and Katie Davis, married in late 2020, began riding in New York last year. Mindy Coleman, general counsel for the Jockeys' Guild, spoke at the hearing to testify that the rule prevented both McCarthy and Davis “from fully and fairly engaging in their careers.”

Despite supporting the elimination of the married jockey coupling rule, New York Gov. Kathy Hochul vetoed a bill to eliminate it last year due to concerns that allowing legislature to rewrite racing regulations could create a dangerous precedent.

NYSGC executive director Robert Williams concluded the hearing by stating that the commission staff would issue a recommendation later this year.