The “Tawdry” Tale of Burton Sipp

Either trainer Burton Sipp is an unwitting pariah, or racing is his witting fool.

Over the last 40 years, Sipp has faced allegations involving insurance scams and dead horses, animal neglect cases, race-fixing stings and regulatory malfeasance. Not all the accusations against him have stuck.

Since the mid 1990s, Sipp has been barred from applying for a racing license in New Jersey due to swirling suspicions of fraudulent practices. So he moved his tack to more welcoming pastures.

For the past few years, the trainer has been dogged by allegations he's knowingly funneled his horses into the slaughter pipeline. Proving these allegations has been trickier, exposing gaping holes in racing's aftercare safety-net.

“There's nothing wrong with auctions,” Sipp told the TDN, when asked of the risks that kill buyers pose. “I haven't done anything wrong in the eyes of Mountaineer,” he added, highlighting the West Virginian track where he currently races.

As Sipp sees it, he's been martyred at the court of public opinion. “Unfortunately, with the internet, anybody can say anything about anybody,” Sipp said. “Look at the way they bash Donald Trump.”

In the early 1980s, Sipp sent out nearly 300 victories in one year. So far this year, he's had just eight. At 78, Sipp realistically has few remaining years to add to his career haul of 2,891 wins. Then earlier this week, Churchill Downs temporarily barred him from racing and training at Presque Isle and its other tracks. The faucet's getting tighter.

Many wonder why it wasn't completely turned off years ago.

 

“I didn't throw him under the bus”

As long ago as the early 1980s, the name Sipp was mired in ignominy.

In 1993, Bill Finley reported in the NY Daily News how a National Association of Racing Commissioners report detailed 83 rulings against Sipp over a 12-year period, some for minor infractions, though some major, including a 60-day suspension for a lidocaine positive. The report was published in 1982.

Sipp is believed to have collected more violations than any other trainer in the history of racing up to that point, wrote Finley.

One of the more egregious incidents occurred on August 15, 1980, when Sipp allegedly forged a scratch card on another trainer's horse, forcing that horse to be withdrawn–a possible criminal offense.

According to Finley's reporting, Sipp avoided criminal charges by helping prosecutors in a sting operation called “Operation Glue,” in which Sipp and a cadre of New Jersey State Police officers posing as owners offered jockeys bribes to pull horses in a race.

Four jockeys–journeymen riders struggling to make ends meet–eventually took the bait, but the case fell apart in trial. As Finley reported, the nature of the sting left a nasty after-taste among many in the industry, including one of the jockeys charged, Gilfredo Gonzalez.

“What he has done to people and what he has done to animals…he is a disgrace,” said Gonzalez, at the time, about Sipp. “We are all human beings and deserve a second chance, but he has had more chances than a cat.”

Sipp eventually served a 60-day suspension for the forged scratch. But the trainer's run-ins with the law weren't over.

In 1984 as Christmas loomed large, Sipp was indicted by a grand jury in New Jersey on charges of inflating insurance claims on nine horses who died in his care over a four-year period.

As a Burlington County Prosecutor's Office statement reportedly read at the time, “in each of the nine claims, the horses died within three days to five months of the insurance application.”

Per Finley's reporting, the investigation allegedly exceeded the scope of just nine horses. Finley cites an affidavit written by an attorney on behalf of jockey John D'Agusto, in which it's written:

“The investigation had been initiated by the Federal Bureau of Investigation and centered around the allegation that Mr. Sipp had killed 41 horses in an insurance fraud scheme.”

Sipp eventually pled guilty to the lesser charges of witness tampering, and on Aug. 1, 1986, was fined $7,500 and sentenced to five-years probation. Not everyone, it appears, agreed with the final sentencing.

Gregg Shivers, the assistant Burlington County prosecutor at the time, reportedly said that his office could have easily proven the earlier charges, but that the plea bargain was driven in part by the anticipated cost of the trial, expected to be one of the most expensive in Burlington County history.

One constant throughout Sipp's troubles is his insistence on innocence. At the time of his 1986 sentencing for witness tampering he denied wrongdoing, arguing that his guilty plea was a result of entrapment.

“People believe what they've read about me,” he told Finley at the time. “I know within my own conscience that I didn't kill any horses and I'm the only person I have to live with.”

To this day, Sipp insists he has a guilt-free conscience. He told the TDN that his suspension for the forged scratch, for example, was an instance of him falling on his sword to protect another.

“We were playing a joke on a guy, and I took the heat for that,” Sipp told the TDN. “The person that actually was involved in that was one of the racing officials, and I didn't throw him under the bus.”

Over the years, Sipp hasn't faced scrutiny only for his racing infractions. Trouble and suspicion have similarly plagued Animal Kingdom, his former 32-acre zoo and pet store in Burlington, N.J., one that over the years housed tropical birds, tigers, lions, and giraffes.

 

“Deceptive business practices”

By the time of Finley's 1993 NY Daily News article, tragedy had already struck Animal Kingdom when a drunk was gored to death by one of the zoo's bulls. Sipp reportedly faced no charges for the incident.

A 2005 Boston Globe article, however, details how a Burlington County grand jury indicted Sipp in 1990 on charges of “deceptive business practices and attempted theft by deception.”

According to the Globe, Sipp in 1988 allegedly staged a burglary at his pet store of two exotic breeding birds to collect an insurance pay-out. According to Finley's reporting, the case went to trial and he was found not guilty.

The year 2011 was a terrible one for Sipp both personally and professionally.

In April of 2011, Sipp's wife, 43-year-old Bridget, died in a fire at the zoo, running back into a burning building to save her mother, who had already been pulled free.

In October of that same year, another fire tore through the zoo. According to a subsequent Philadelphia Inquirer article, the blaze killed 24 animals, including a mother and baby giraffe. Both fires were ruled accidents.

The same article, however, reports how by that time–January of 2013–Sipp was under investigation by the United States Department of Agriculture (USDA) for alleged animal welfare violations.

According to the Inquirer, citations stemmed all the way back to 2002, when five emaciated giraffes reportedly died at the zoo.

USDA inspectors, the Inquirer notes, were also looking into other more contemporary neglect allegations, including the euthanasia of both an adult hyena with a foot wound and a giraffe that had survived the 2011 fire, along with an ailing lemur found dead in its cage.

By that time, Sipp had amassed more than 200 violations over 12 years, “many for animal neglect and facility maintenance issues,” the Inquirer reported.

Per a subsequent article in nj.com, Sipp reportedly cancelled his license to exhibit animals in 2014.

The same 2014 nj.com article also notes how the USDA had issued Sipp only two official letters of warning and a $469 fine. These letters were reportedly issued in 1995 and 2011, the latter just days before the second fire.

TDN reached out to the USDA to verify the details in these news articles. “I will say that we usually shelve these documents after three years,” wrote a USDA spokesperson, in an email.

As such, the TDN has filed a Freedom of Information Act request with the USDA for a record of all citations Sipp received for his operations at Animal Kingdom.

Sipp, however, maintains his innocence from all nefarious events at the zoo.

He said he has no recollection of the five emaciated giraffes perishing in 2002, as reported by the Inquirer. “I don't know where you got this information from, but that's not true,” he said.

Sipp also said that from about 1996 onwards, he was busy with his work as a racehorse trainer and wasn't responsible for the day-to-day running of the zoo.

“My wife ran the zoo and she hired a curator and we had staff…that handled everything,” he said. By the time of certain citations that occurred after the second fire, “I didn't own the zoo at the time. I had sold it,” he added.

According to the 2013 Philadelphia Inquirer article, Christopher Basner and his wife, Anne Butler, briefly took over the zoo in October of 2012, but terminated a two-year contract after just three weeks.

According to the Inquirer, the zoo was back in Sipp's charge when one of the giraffes had to be euthanized “after it was found in the barn too weak to stand.” Sipp was reportedly cited for that incident for failing to provide veterinary care.

 

“A tawdry image of that industry”

By 2009, Sipp, who had long before muscled his way back into the training ranks, was posting decent returns. That year, his horses won 73 races and amassed more than $650,000 in earnings. But his notoriety had hardly waned.

“In the best-case scenario, he tampered with a witness and is not the type of person who should ever be allowed to take part in a sport that involves gambling and where the integrity of the product is tantamount,” wrote Finley, for ESPN, in 2009.

“In the worst-case scenario, he killed horses for personal gain,” Finley added. “No reasonable person could argue that Sipp should ever have been allowed to race again.”

Some authorities evidently agreed with Finley, for Sipp's attempts to get licensed and to race over the years have resembled a game of whack-a-mole. Take the years following 1993, when his probation on charges of witness tampering had ended and he sought a return to the sport.

While the Pennsylvania State Horse Racing Commission initially granted Sipp a license, Philadelphia Park and Penn National were less welcoming, the latter track steadfast in refusing Sipp access to the facility.

The matter went to court in 1994, when a Commonwealth Court judge upheld the tracks' bans which were based, the Globe reported, on the trainer's history of violations.

As per the Globe, “Judge James Gardner Colins wrote in his 15-page decision, 'a reasonable mind could readily conclude that Sipp's association with horse racing not only taints the image of that industry but also fosters a tawdry image of that industry.'”

Early in 2013, when Sipp attempted to once again enter horses at both Penn National and Parx Racing, both facilities reportedly refused his entries. The trainer subsequently appealed, but the Pennsylvania racing commission upheld the bans.

Whereas in Pennsylvania Sipp's excommunication hasn't been an absolute, that's not the case in New Jersey.

In 1995, the New Jersey Racing Commission (NJRC) asked the state Office of Administrative Law to conduct a hearing into allegations of Sipp's fraudulent racing practices.

In a disposition with the NJRC, Sipp agreed that he “will never apply for any form of racing license in New Jersey, or engage in any activities requiring licensure by the New Jersey Racing Commission,” wrote Leland Moore, a spokesperson for the N.J. attorney general's office, in an email to TDN.

According to Moore, the NJRC has not issued a license to Sipp since. But not all the sport's higher-ups have maintained such a hard-line stance against the trainer.

“There's nothing in the rule book that keeps him from getting a license because he has a past,” Suffolk Downs chief of stewards Bill Keene, told the Boston Globe, back in 2005.

Over the past few years, other racing commissions and racetracks have also routinely welcomed the trainer, despite Sipp's checkered regulatory history continuing to grow.

According to the Thoroughbredrulings website, Sipp has been issued 47 citations since the start of 2005, the vast majority for relatively minor infractions.

Sipp has been found guilty of several medication violations during that time, including for a pre-race TCO2 test at Beulah Park in December of 2008, a Flunixin positive at Presque Isle in June of 2013, a Dexamethasone positive at Mountaineer in August of 2017, and a Phenylbutazone positive at Presque Isle in September of 2020.

The most egregious violation concerned an Ohio State Racing Commission (OSRC) search of Sipp's barn at Thistledown on Aug. 30, 2013.

According to Thoroughbredrulings, the search revealed the following: One apparently used syringe with the needle attached, four unused needles in their packaging, two needles that appeared to have already been used, one opened bottle of Iron Hydrogenated Dextran Injection (Hematinic), one unopened bottle of Iron Hydrogenated Dextran Injection (Hematinic), one opened bottle of Super B Complex Injection (Vedco), and one unopened bottle of Super B Complex Injection (Vedco).

In a ruling dated Aug. 31, 2013, Sipp reached an agreement with the commission. He was suspended five months and fined $500.

The TDN contacted current OSRC executive director, Chris Dragone, to confirm the details. Dragone said that Sipp's file contained information confirming the suspension and fine, but little else about that particular incident.

Once again, Sipp considers himself blameless. Sipp's assistant, he said, had purchased the vitamins from an on-track veterinarian to be used on his own horse, but had mistakenly stored the materials in Sipp's truck, the focus of the search.

“It was my truck he was using, and I knew nothing about him buying vitamins for the horse,” said Sipp. When asked about the iron supplement and syringes, “That was his, not mine,” Sipp replied.

 

“There's the person you ought to be going after”

Which leads to the past few weeks, and a flurry of activity on social media raising serious ethical questions of Sipp's treatment of three of his trainees who all raced within just four days of each other in late July at Mountaineer Park and Presque Isle.

On July 24, the 7-year-old mare, Come on City (Wiener Walzer) finished down the field in a $4,000 claimer at Mountaineer Park.

Back in 2020, Come on City was sold to Sipp at the Keeneland January sale for $1,500. According to Sue Kenny, former racing secretary for trainer Graham Motion, she had subsequently followed the mare's career due to welfare concerns under Sipp's charge.

According to Kenny, she had asked a Mountaineer trainer to place a claim for Come on City on July 24 on behalf of an elderly couple who wished to retire the mare. The state vet subsequently voided the claim, and so the trainer purchased the mare privately from Sipp for the same price as the claiming tag, said Kenny.

By the time Come on City arrived on Aug. 3 at The Winter Farm in Summerfield, North Carolina, however, the mare was suffering a severe hock infection stemming from multiple open wounds, said the farm's executive director, Holly Carter.

Sipp told TDN that the horse had also been shipped to Presque Isle and another facility beefore Winter Farm, suggesting that the injuries occurred during that period.

According to Carter, the veterinarians who looked at the mare on Aug. 3, “felt like the infection had been there for about two weeks, just by the heat of the swelling and the gunk. It wasn't a fresh wound. That's why we think she raced on it.”

Between the severe hock infection and osselets–chronic degeneration of the fetlock–in the horse's left front ankle, Come on City will likely never be rehomed as a sport horse, said Carter.

Three days after Come on City ran, the 6-year-old mare, Tailadios (Adios Charlie) failed to finish a $6,250 claimer at Presque Isle.

Tailadios' breeder, Jean White, a Florida-based veterinarian, said she was alerted on Aug. 11 via Facebook how Tailadois was in a facility in Lebanon, Pennsylvania, that markets itself as “finding the slaughter bound horses” in order to secure them “alternative homes.” White subsequently purchased Tailadios from the facility, she said.

Sipp said he sold the horse at a public auction in Ohio called “Smokey Lane” for $950. The person who purchased Tailadios, Sipp added, “is an unscrupulous person” who needs investigating.

“The guy that put her up for ransom, why didn't Churchill Downs contact him? There's the person you ought to be going after,” Sipp said.

“She's thin–not life-threateningly so–but she's got horrible looking ankles,” White said, of Tailadios' condition, adding that the mare is currently undergoing a full veterinary examination while in quarantine.

The same day Tailadios failed to make it past the finish line at Presque Isle, the 8-year-old mare Little Christy (Silent Name) suffered an even worse indignity at Mountaineer Park.

According to Equibase, Little Christy–who cost Sipp $3,500 at the Keeneland January Sale of 2020–was having her third start in three weeks.

In her very final race, Equibase writes, Little Christy “took a bad step and fell in mid stretch being euthanised on the track.”

 

“I cannot comment on consideration of future permit applications”

On Tuesday, Churchill Downs Incorporated (CDI), which owns Presque Isle, announced that it had temporarily suspended Sipp, along with “any trainer either directly or indirectly employed by him,” from racing and stabling at all CDI-owned racetracks until further notice.

“The suspension is a result of concerns over the care and treatment of horses in the best interest of racing to protect the safety and integrity of the sport and its participants,” the statement read.

TDN reached out to James Colvin, the director of racing at Mountaineer, about the recent scrutiny on Sipp.

“I have no information for you to discuss on Burton Sipp, the WV Racing Commission has licensed Mr. Sipp and has also investigated him and to my knowledge have found no wrongdoing as to date,” Colvin wrote.

In 2010, the track instituted a policy barring trainers who sold horses at an Ohio sale frequented by known kill buyers. Colvin failed to respond to follow-up questions, including about the track's current policy on horses sold to slaughter.

In answer to a series of email questions, West Virginia Racing Commission executive director, Joe Moore, wrote that the commission's investigations into Sipp have led to “no actionable violations.”

According to Moore, the commission considers “rule violations in all racing jurisdictions as reported in the ARCI database, as well as criminal convictions,” when determining permit application approval, but that no rulings reported to ARCI have prohibited Sipp's licensure in West Virginia.

“Mr. Sipp is currently licensed by the West Virginia Racing Commission,” Moore wrote. “I cannot comment on consideration of future permit applications,” he added.

And where does the Horseracing Integrity and Safety Act (HISA) fit into the equation?

Lisa Lazarus, CEO of the Horseracing Integrity and Safety Authority, said that currently, the law as written does not give the HISA Authority an “obvious way” to hold responsible parties accountable for horses that end up in the slaughter pipeline.

However, “we started looking more deeply into how we can actually address this,” Lazarus said.

At the same time, said Lazarus, the law “does give us broad authority over equine welfare, and over making sure that horses are protected,” she said, adding that HISA is able to take measures against “actions and conduct that interfere with horse welfare.”

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Summer Breezes: Aug. 19, 2022

Some of the most highly anticipated races during the summer racing season are the 'baby' races during the boutique meetings at both Saratoga and Del Mar and at Ellis Park, which attracts its fair share of high-priced offspring from a variety of top national outfits. Summer Breezes highlights debuting 2-year-olds at those meetings that have been sourced at the breeze-up sales earlier in the year, with links to their under-tack previews. Already this year at Saratoga, City Man (Mucho Macho Man), Mo Strike (Uncle Mo) and Empress Tigress (Classic Empire)–each a graduate of the 2-year-old sales–have already struck at stakes level, while the likes of juvenile purchases and 'TDN Rising Stars' Taiba (Gun Runner), We The People (Constitution) and Onesto (Ire) (Frankel {GB}) have also left their mark on graded/group competition this season. To follow are the horses entered for Friday:

Friday, August 19, 2022
Saratoga 6, 3:55 p.m. ET
Horse (Sire), Sale, Price, Breeze
Let's Go Big Blue (Cairo Prince), FTMMAY, $200,000, see below
C-Randy Bradshaw, agent; B-August Dawn Farm
Thethrillofvictory (Destin), FTMMAY, $65,000, click
C-Six K's Training & Sales; B-Michael Maker

 

 

Ellis 5, 5:52 p.m.
Meant to Be Lucky (Lookin at Lucky), FTMMAY, $110,000, see below
C-Randy Miles, agent; B-Jason Barkley, agent for Ryan Scott

 

The post Summer Breezes: Aug. 19, 2022 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Weekly Rulings: Aug. 8-14

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.California
Track: Del Mar
Date: 08/11/2022
Licensee:  Derrick Brown, owner
Penalty: Suspension
Violation: Financial responsibility
Explainer: Owner Derrick Brown having failed to respond to written notice to appear before the Board of Stewards at Del Mar Race Track on August 7, 2022, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear) pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility – $1,474.00 to KC Horse Transport). Suspension to commence on August 18, 2022. During the term of this suspension, all licenses and license privileges of DERRICK BROWN are suspended and pursuit to California Horse Racing Board rule #1528 (Jurisdiction of Stewards), subject is denied access to all premises in this jurisdiction.Track: Del Mar
Date: 08/11/2022
Licensee:  Joe Bravo, jockey
Penalty:  One-day suspension, $876 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Joe Bravo, who rode CABO SPIRIT in the fifth race (La Jolla Handicap) at Del Mar Race Track Aug. 7, is suspended for one (1) day (Aug. 18), and fined $876.00 for two (2) strikes over the limit. Furthermore, Jockey Joe Bravo is assigned three (3) violation points that will be expunged on February 11, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Del Mar
Date: 08/12/2022
Licensee: Tyler Baze, jockey
Penalty: $1,000 fine
Violation: Failure to fulfil jockey agreement
Explainer: Jockey Tyler Baze who was scheduled to ride six races on August 11, 2022 at Del Mar Race Track is fined $1,000.00 for violation of California Horse Racing Board rule #1872 (Failure to Fulfill Jockey Agreement).

Track: Del Mar
Date: 08/13/2022
Licensee:  Abdul Alsagoor, jockey
Penalty: Two-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Apprentice Jockey Abdul Alsagoor, who rode I'M NO BALLERINA in the fifth race at Del Mar Racetrack Aug. 12, is suspended for TWO (2) days (Aug. 20 & 21, 2022), and fined $250.00 for one (1) strike over the limit and using the crop persistently even though the horse is not responding.
Furthermore, Apprentice Jockey Abdul Alsagoor is assigned three (3) violation points that will be expunged Feb. 13, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety AuthorityRule #2282 (Riding Crop Violations and Penalties- second offense since July 3, 2022). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Florida
The following were only recently posted on the Association of Racing Commissioners International's “Recent Rulings” website and are not timely.

Track: Gulfstream Park
Date: 07/12/2022
Licensee: Jose Francisco D'Angelo
Penalty: $1,000 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2022-001835 – F.S. 550.2415 VIOLATION = DRUG: 5-HYDROXYDANTROLENE. “BRODY'S HONOR” 7/29/2022 – $1000 FINE PAID TO GULFSTREAM PARK BOARD OF RELIEF.

Track: Gulfstream Park
Date: 06/30/2022
Licensee: Jorge Navarro, trainer
Penalty: License revocation
Violation: Trainer responsibility
Explainer: STIPULATION AND CONSENT ORDER # 2018-011133 – F.A.C. RULE 61D-2.023(7)(C) VIOLATION = FAILURE TO TIMELY NOTIFY THE DIVISION OF THE DEATH OF A RACEHORSE. LICENSE REVOKED AND INELIGIBLE TO APPLY FOR LICENSE FOR 3 YEARS. “SISTINE SISTA”

Track: Gulfstream Park
Date: 05/31/2022
Licensee: Larry Rivelli, trainer
Penalty: $100 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2022-012195 – F.S. 550.2415 VIOLATION = XYLAZINE. $100 FINE IMPOSED AND PAYABLE TO THE GSP/BOR. “SENOR JOBIM”

New York
Track: Saratoga
Date: 08/10/2022
Licensee: Javier Castellano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Javier Castellano is hereby suspended three (3) NYRA racing days, this for careless riding during the running of the eight race Aug. 3, having appealed a stay has been granted.

Track: Saratoga
Date: 08/10/2022
Licensee: Trevor McCarthy, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Trevor McCarthy is hereby suspended three (3) NYRA racing days. This for careless riding during the twelfth race at Saratoga Racecourse on Aug. 6, having appealed a stay has been granted.

Track: Saratoga
Date: 08/12/2022
Licensee: Dylan Davis, jockey
Penalty: Nine-day suspension
Violation: Careless riding
Explainer: For having waived his right to appeal Jockey Mr. Dylan Davis is hereby suspended seven (7) NYRA racing days. Effective Aug, 17, 18, 19, 20, 21, 24, 25, inclusive. This for careless riding during the running of the 7th race at Saratoga Racecourse on Aug. 10.

Kentucky
Track: Ellis Park
Date: 08/07/2022
Licensee: Norman Cash, trainer and owner
Penalty: Forty-five day suspension, $500 fine
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission and confirmed at Texas A&M Veterinary Medical Diagnostic Laboratory, sample number E496505 taken from Matt's Honey, who finished third in the third race at Churchill Downs Nov. 5, 2021 contained D-Methamphetamine in blood (Class A). After a formal hearing before the Board of Stewards and after consideration of testimony and evidence presented, Norman Cash is hereby suspended 45 days and fined $500. Twenty days are to be served Aug. 27, 2022, through Sept. 15, 2022 (inclusive). The remaining 25 days are stayed on condition no Class A or Class B medication violations occur in any racing jurisdiction within 365 days from the date of this ruling.

NEW HISA STEWARDS RULINGS

Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule
Gulfstream Park
Edgar Perez – ruling date August 7, 2022
Edgar Perez – ruling date August 13, 2022

Arapahoe
Adrian Ramos – ruling date August 14, 2022

California State Fair
Elvin Roman – ruling date July 24, 2022

Penn National
Ricardo Chiappe – ruling date August 11, 2022
Pedro Requena – ruling date August 12, 2022

Ellis Park
Martin Garcia – ruling date August 7, 2022

Arizona Downs
Francisco Garla – ruling date August 8, 2022
Devon Ellis – ruling date August 6, 2022

Evangeline Downs
Louis Stokes – ruling date August 11, 2022

Delaware Park
Augusto Marin – ruling date August 6, 2022
John Bisono – ruling date August 9, 2022
John Bisono – ruling date August 12, 2022
Carol Cedeno – ruling date August 12, 2022
Xavier Perez – ruling date August 12, 2022
Everton Smith – ruling date August 12, 2022

Prairie Meadows
Glenn Corbett – ruling date August 12, 2022
Glenn Corbett – ruling date August 12, 2022
Wilmer Garcia – ruling date August 13, 2022
Kevin Roman – ruling date August 13, 2022

Albuquerque Downs (New Mexico)
Oscar Cebollas – ruling date August 10, 2022
Kelsi Purcell – ruling date August 10, 2022
Luis Ramon Rodriguez – ruling date August 10, 2022

Mountaineer Park
Eric Barbaran – ruling date August 6, 2022
Andrew Ramgeet – ruling date August 7, 2022
Luciano Hernandez – ruling date August 8, 2022
Luciano Hernandez – ruling date August 14, 2022
Marco Camaque – ruling date August 14, 2022
Alex Gonzalez – ruling date August 14, 2022

Horseshoe Indianapolis
Santo Sanjur – ruling date August 9, 2022
(NOTE: This marks Sanjur's 4th ruling, resulting in an accumulation of 12 points and a 7-day suspension)
Marcelino Pedroza – ruling date August 9, 2022
Edgar Morales – ruling date August 10, 2022

Saratoga
Kendrick Carmouche – ruling date August 12, 2022
Jose Gomez – ruling date August 12, 2022
Nazario Alvarado – ruling date August 13, 2022
Nazario Alvarado – ruling date August 13, 2022
Luis Cardenas – ruling date August 13, 2022
Luis Cardenas – ruling date August 14, 2022
Dylan Davis – ruling date August 14, 2022

Violations of Horseshoe Rule
Saratoga
Empress Isabel – ruling date August 7, 2022

Violations Involving Forfeiture of Purse
Delaware Park: John Marceda – owner – purse redistribution (owner of horse ridden by Augusto Marin)
Delaware Park: Augusto Marin – 10 strikes – $500 fine, three-day suspension, five points, purse redistribution (jockey of horse owned by John Marceda)
Delaware Park: John Bisono – t10 strikes – $500 fine; three-day suspension; five points, horse disqualified from third-place purse (jockey of horse owned by Everton Smith)
Delaware Park: Everton Smith – 10 strikes – Redistribute purse money from third place purse (owner of horse ridden by John Bisono)
Appeal Request Updates

Delaware Park:
Owner John A. Marceda
Crop rule violation August 6, 2022
Appeal for purse disqualification
Appeal filed August 9, 2022

Gulfstream Park:
Ailsa Morrison
Crop rule violation July 29, 2022
Appeal filed August 9, 2022

Gulfstream Park:
Edwin Gonzalez
Crop rule violation July 31, 2022
Appeal filed August 9, 2022

Gulfstream Park: Alisa Morrison
Crop rule violation July 29, 2022
Appeal filed August 9, 2022
Stay granted August 12, 2022

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Racing and Gaming Conference Focus Shifts to Horse Racing’s Future

By Scott Finley

After an opening day of casino and conventional gaming panels, the focus of Wednesday sessions was on developments in racing, including a review of the newly launched Horseracing Integrity and Safety Act and a thoughtful panel on how fixed-odds betting can positively impact the American horseracing industry.

Lisa Lazarus, newly appointed CEO of the Horseracing Integrity and Safety Authority (HISA) spoke of the challenges her organization has faced in launching the initial phase of the Federal Statute that created HISA.

Of the 21 states that host live racing, 17 state racing commissions have signed on and voluntarily registered with HISA, with over 34,000 horses and 28,000 owners on board. Yet there have been federal court cases filed in Texas and Kentucky challenging the constitutionality of the federal statute, and a more recent case in Louisiana seeking a temporary restraining order on the implementation of HISA regulations in that jurisdiction.

All three cases lost in the first round but are being appealed. To date, HISA has incurred over $1.8 million in legal fees fighting these legal challenges, making a considerable dent in the organizations initial $14 million annual budget.

The HISA Board anticipates further legal challenges, but has committed to implementing corrections to many of the issues that have generated complaints from various sectors of the racing industry.

“We still have several transparency issues that need to be addressed, said Lazarus, ” and we will.”

“We are a very young organization created by federal statute,” Lazarus continued, “but we are learning as we go and it will get better.”

Fellow panelist Ed Martin, President and CEO of the Association of Racing Commissioners International (ARCI) commented, “It's been a little messy [with the start-up], but it's gotten much better since Lisa showed up.”

At the heart of the disagreements over HISA, across all facets of the industry, is the process of turning over what has aways been a state regulated industry to a federal agency. However, owners, trainers, racing commissioners and multiple industry bodies are all in agreement that uniformity of regulations is essential for racing to thrive, grow, attract new fans and shed some of the negative images that have arisen over the past decade.

Speaker John Kimmel, a leading trainer and licensed veterinarian commented, “On the surface, two barometers here at Saratoga look good: NYRA stands to handle over $850 million for the meet and the average price of yearlings at the recent sales was over $400,000. But, there are looming problems out there.

“Lack of uniformity in state regulations creates havoc for horsemen that race in multiple jurisdictions. We need uniform medication withdrawal times. We also need to overcome differences in managing enforcement for on-track versus off-track stabled [race] entrants.”

HISA can resolve these multitude of different regulatory matters, but all states must come on board for the process to be effective.

Kimmel also suggested the HISA must do a better job of communicating with industry stakeholders and perhaps could create a marketing and public relations department.

“There are lots of rumors out these and complexly inaccurate statements,” Lazarus agreed. “We want to make racing better through uniformity and stability.”

New York is one of the four state racing commissions yet to come to an agreement to fully embrace HISA. Speaker Rob Williams, Executive Director of the New York State Gaming Commission (NYSGC), explained, “NYSGC has not accepted two of the tasks requested by HISA [registering participants by NY State employees and fully staffing drug testing collection].”

Overall, though, NYSGC has been supportive, providing staff and professional expertise to assist HISA in developing rules and regulations. Williams and Lazarus both anticipate that the differences can be worked out and that NYSGC and HISA will resolve the issues over funding and that New York State will eventually join the fold.

Panel moderator Alan Foremen, Chairman and CEO of Thoroughbred Horsemen's Association, “The road to uniformity is so difficult.”

“We are making even more effort to listen to the industry on the pending anti-doping programs,” Lazarus stated. “We are a young organization created by Federal Statute; learning as we go. It will get better.”

Perhaps most encouraging was the level of respect that all panelists and their respective organizations had for Lazarus' efforts to date. All seemed to reflect that all will improve once the growing pains of HISA are worked out.

Ed Martin concluded, “Once the industry begins to trust HISA, that's the key to getting there.”

“Fixed Odds and the Future of Horseracing” the concluding panel on Wednesday, brought together racing executives, service providers and fixed-odds operators to offer their opinions on the current state of fixed-odds horse betting, but more importantly where and how the racing industry can capitalize on the stratospheric growth of legal sports betting by coupling both pari-mutuel and fixed odds betting to the current sports betting content menus.

Dallas Baker, Head of Business Development for BetMakers US, the operator first to market with fixed-odds betting at Monmouth Park, was adamant. “This is THE MOMENT for racing in the USA. We are at a critical point moment.”

“Just think how Illinois Horsemen felt watching the Arlington Million at Churchill Downs this past weekend!” Baker exclaimed.    Baker contended that like in his native Australia, fixed odds betting – primarily on win and place markets only–can revitalize a declining USA racing industry, capture younger bettors and fairly remunerate horsemen for purses, so long as the commercial and tax structures are on a level playing field for all operators and content providers.

Colorado is the only state besides New Jersey to have approved and regulated fixed odds on horse racing. Moderator Dan Hartman, Director of the Colorado Division of Gaming, explained how his agency consulted all segments of the racing industry, especially horsemen, and established a tax and regulatory scheme that returns a fair share to purses at Colorado's racetrack. The fixed-odds law sunsets in 18 months unless renewed by the Colorado Legislature. All stakeholders will be asked to weigh in on the future of fixed odds in Colorado at that point.

David O'Rourke, President and CEO of the New York Racing Association, believes that sports betting is a massive distribution channel for racing. NYRA plans to work with all current sports betting operators on ways in with NYRA pari-mutuel content may be added to current platforms and then see where fixed odds fits in.

NYRA recently concluded partnership deals with Caesars Entertainment and BetMGM to add NYRA horse racing content to those sports betting platforms. Regulatory and banking/funding roadblocks have so far limited the launch to only two states.

Paul Hannon, Senior Vice President Corporate development for PointsBet USA, is also bullish on fixed odds attracting a new audience to racing and building on the growth of online and retail sports betting in 30 states just four years after The Supreme Court overturned the Federal Law {PASPA] prohibiting sports betting in all States except Nevada.

“Racing must reap the benefits of Sports betting's growth,” Hannon said. “I believe that within two years of launch, fixed odds sports betting on racing will become the fifth-most wagered on sport, after NFL, NCAAB football, NBA and NCAA basketball.

“Racing fills a content void, especially this time of year between the end of NBA and the start of NFL when sports betting revenue and interest typically decline.”

Michelle Fischer, Vice President for SiS Content Services, also agrees that fixed odds on horse racing will be a successful product and generate new interest in racing from a younger audience.

“Adding fixed odds racing to existing sports betting platforms will only increase the pie,” Fischer stated.

She agreed with Hannon about the massive potential for racing, essentially a 24-hour per day global sports, nicely filling in the down time between more conventional sports. It has done so in the United Kingdom, Australia and much of Europe. It should be successful in America as well.

“Americans want to bet of American sports and American racing,” Fischer said. “We as an industry must give them the opportunity to do so.

“But we need an open market for content and a fair pricing model [as compared to conventional sports betting] to make this successful.”

O'Rourke summed up NYRA's position on the opportunity for racing to offering fixed odds to reach a newer and younger demographic.

“Racing is essentially an entertainment product, but you cannot lose control of your content.”

Tuesday sessions focused on downstate casino development in New York, with most speakers concluding that two of the three licenses are heavily favored to be warded to Genting Resorts World at Aqueduct and MGM Empire City Casino at Yonkers, both of which are well-established VLT “racino” facilities.

The third, and final downstate license is up for grabs, but unlikely to be situated in Manhattan due to community and business opposition.

At a Tuesday panel on “Sports Betting: What's Next?” speakers reflected on the excessive 51% tax rate in New York on mobile sports betting operators and how that may eventually lead to market decline and further competition. Panelists also echoed many of the same sentiments as expressed at the Wednesday Fixed Odds and the Future of Horse Betting session, as the conclusion of most regulators, including in New Jersey, is that “racing is a sport.”

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