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New York Commission: ‘Magnitude Of Impropriety’ Stands Against Preliminary Injunction For Rice

The New York State Gaming Commission, represented by the office of New York State Attorney General Letitia James, has filed a memorandum of law with the Schenectady County Supreme Court regarding trainer Linda Rice's legal appeal of her three-year suspension.

According to the Thoroughbred Daily News, the July 2 filing argues that “Ms. Rice is not entitled to a preliminary injunction staying enforcement of the commission's determination. Ms. Rice is not likely to succeed on the merits of any of her claims, and the equities weigh in favor of the commission. Accordingly, the motion for a preliminary injunction should be denied.”

Rice had seen her license revoked officially on June 7, two weeks after the NYSGC voted to uphold a hearing officer's recommendation that Rice's license be revoked with the condition she could not reapply for licensure for at least three years. She had also been ordered to pay a fine of $50,000 and was to be denied all access to New York gaming commission-sanctioned properties.

The County of Schenectady Supreme Court granted a temporary restraining order two days after the New York State Gaming Commission issued the order to revoke her training license, allowing Rice to resume training in New York until her legal appeal is played out in the court system.

Rice is accused of receiving information from the racing office about which horses were entered in which races prior to the official close of entries. The alleged information exchange took place over a period of 2011 and 2014, and the commission first brought a complaint against Rice in 2019. A series of hearing dates took place in late 2020, during which the commission and Rice's attorney presented information to a hearing officer along with numerous volumes of data and interview transcripts.

The July 2 filing states:

“Ms. Rice moves for a preliminary injunction staying enforcement of the commission's penalty for her misconduct. The motion for a preliminary injunction must be denied because Ms. Rice has not shown a likelihood of success on the merits or that the equities weigh in favor of preliminary injunctive relief…

“Because Ms. Rice failed to show a likelihood of success on the merits, the Court need not address the remaining elements. Nevertheless, Ms. Rice also failed to demonstrate that the equities weigh in her favor. Rather, the equities weigh against the granting of a preliminary injunction because of the magnitude of impropriety at issue.”

Read more at the Thoroughbred Daily News.

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Linda Rice Will Continue To Train After Court Grants Temporary Restraining Order

The County of Schenectady Supreme Court has granted a temporary restraining order to Linda Rice, just two days after the New York State Gaming Commission officially issued the order to revoke her training license for three years, reports the Daily Racing Form. As a result, Rice will be allowed to continue to train horses in the state of New York.

Andrew Turro, Rice's attorney, had argued that without injunctive relief, “Rice's training business, the result of a very successful 34-year career, will be irreversibly destroyed before the court can hear this case and determine Ms. Rice's application for a stay/preliminary injunction.”

Regarding Wednesday's decision, Turro told DRF: “The court's order restores Ms. Rice's ability to get back to racing and training immediately. We also look forward to challenging the commission's order in the court and ultimately vindicating Ms. Rice's rights.”

Licensees in New York are entitled to appeal a finding of a hearing officer to the appropriate court, and it is common for stays of suspensions to be issued while the appeals process plays out.

Linda Rice’s License Revoked, Trainer Fined $50,000

New York-based trainer Linda Rice has been fined $50,000 and had her license to participate in Thoroughbred racing revoked for “actions inconsistent with and detrimental to the best interest of racing generally and corrupt and improper acts and practices in relation to racing,” the New York State Gaming Commission revealed on Monday, May 17. The trainer will not be permitted to apply for a new license for a period of three years.

The NYSGC first launched an investigation into Rice's operation in early 2018, on the claim that she traded money for information from the racing office. That information, such as which horses were likely to enter races before the race had closed, could have given her a competitive advantage.

The investigation uncovered evidence that between 2011 and 2015, Rice received faxes and emails from former entry clerks Jose Morales and Matt Salvato, giving her the names and past performance records of horses prior to draw time. Senior racing office management has said the names of trainers and horses in a given race are not to be released until after a race is drawn (with stakes races being the exception).

An eight-day hearing was conducted at the end of 2020, and the hearing officer submitted a final report to the NYSGC on April 13, 2021. The report concluded that Rice's misconduct – which involved receiving and requesting confidential entry information in overnight races – was intentional, serious and extensive. It also concludes that her actions constituted improper and corrupt conduct in relation to racing in violation of NYCRR 4042.1 and were inconsistent with and detrimental to the best interests of horse racing.

The hearing officer recommended the Commission impose a fine of $50,000 and immediately revoke her license to participate in thoroughbred horse racing and restricting her ability to apply for a new license for a period of no less than three years.

The Commission concurred with the penalty recommended but modified the Report to specifically reflect that the hearing officer found multiple violations, which under NY Racing, Pari-Mutuel Wagering and Breeding Law Sec. 116 allows for $25,000 per violation.

The Commission voted 5-0 to fine Linda Rice $50,000 and to revoke her license to participate in Thoroughbred horse racing for a period of no less than three years.

Rice has saddled the winners of 2,107 races from 11,382 starters over a career dating back to 1987, according to Equibase. Her top trainees include millionaires La Verdad and Palace, as well as Grade 1 winners Voodoo Song, City Zip, and Tenski.

Also on Monday, the Commission adopted several new medication rules:

Commissioners voted 5-0 to restrict the administration of race day Lasix to veterinarians “who are not caring for the horses of a trainer or owner who participates at the race meeting,” extending the third-party Lasix rule to the state's Standardbred tracks (it was already in place at Thoroughbred tracks).
A new clenbuterol rule was adopted requiring approval before a horse can be treated with prescribed clenbuterol, daily submission of administration of clenbuterol treatment, that a treated horse to be placed on the Vet's list, and bars a horse from racing until it tests negative for clenbuterol.
ARCI modified the model rule thresholds for three drugs (detomidine, omeprazole and xylazine) based on developing research. ARCI also added to the list of thresholds amounts for another four routine therapeutic medications, three of which are antihistamines (cetirizine, cimetidine and ranitidine) and one of which is a muscle relaxant used in anesthetic protocols (guaifensin). The thresholds are consistent with New York's existing restricted time periods. Trainers who comply with such restricted time periods will be assured of not violating such thresholds.

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‘One Of A Kind’ Eddie Logan Honored On Sunday At Santa Anita

On Sunday, Santa Anita honors a historic link to its memorable past in Eddie Logan with the running of a $75,000 stakes, a one-mile turf race for 2-year-olds presented as the third race.

Logan plied his trade as a shoeshine attendant outside Santa Anita's Racing Office from opening day, Dec. 25, 1934, until just before his passing on Jan. 31, 2009 at the age of 98, a span of nearly 75 years.

His ingratiating personality and quick wit created an instant rapport with horsemen and fans alike, one of the most ardent Hall of Fame trainer Richard Mandella.

“Eddie was one of a kind,” Mandella said. “He started out by looking after my shoes but we turned out to be great friends.

“I miss him every day when I walk through that hall by the Racing Office and not hear him talking.”

The Eddie Logan: Big Fish, Umberto Rispoli, 4-1; Commander Khai, John Velazquez, 7-2; Barrister Tom, Tyler Baze, 5-1; Beer Can Man, Juan Hernandez, 5-2; Cathkin Peak, Flavien Prat, 5-1; Party Game, Abel; Cedillo, 15-1; and Ebeko, Joel Rosario, 4-1.

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