Dr. Larry Bramlage To Receive Dinny Phipps Award

Noted equine surgeon Dr. Larry Bramlage will be presented with the Dinny Phipps Award, the Grayson-Jockey Club Research Foundation said in a release Wednesday.

Created in 2017, the award will be presented at a dinner hosted by the chairman of The Jockey Club, Stuart S. Janney III, in Saratoga Springs, New York, the week of the Round Table Conference on Matters Pertaining to Racing, which is scheduled for Thursday, Aug. 3.

“This is especially meaningful for me based on who it is named after,” Dr. Bramlage said. “The Phipps family has played a big role in my career by giving me some credibility early on when I was still 'wet behind the ears.' I will look forward to this event and will always cherish the honor.”

To make a donation to Grayson in honor of Dr. Bramlage, please click here.

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Ron Walker Named Jockey Club Steward at Finger Lakes

Ron Walker has been named The Jockey Club steward for Finger Lakes Racetrack and will take the place of Samantha Randazzo, who was appointed as The Jockey Club steward for The New York Racing Association tracks. Walker has been involved with horse racing since 1981 and has been an owner, breeder, trainer, and racing official. Prior to becoming steward at Finger Lakes, he was the state steward for the Oklahoma Horse Racing Commission, spent nine years as the presiding steward for the New Mexico Racing Commission and also worked as a steward at Mahoning Valley Race Course and at Calder. He is Racing Officials Accreditation Program certified.

“Ron's many years of experience in the racing industry make him an excellent candidate to fill the role of steward at Finger Lakes,” said Stuart S. Janney III, chairman of The Jockey Club.

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Industry Will Pay Twice For HISA Litigation

Barely six weeks into its existence as the sport's national rule enforcer, the Horseracing Integrity and Safety Authority (HISA) has spent $1.8 million defending itself in four separate lawsuits currently pending or under appeal in federal court.

But the true irony behind the spiraling costs of the anti-HISA litigation is that almost all entities–owners, trainers, jockeys, tracks, racing commissions and states–are going to have to pay twice, regardless of the final outcomes of those complex lawsuits.

That's because plaintiffs like the Jockeys' Guild and various horsemen's associations will spend their organizations' money trying to halt HISA on constitutional grounds and federal rulemaking procedures, while at the same time HISA will be using money it collects from federally sanctioned assessments paid by those same industry participants to fight the lawsuits.

Lisa Lazarus, HISA's chief executive officer, disclosed the to-date litigation costs Sunday as the keynote speaker at the 70th annual Round Table Conference on Matters Pertaining to Racing hosted by The Jockey Club in Saratoga Springs, New York.

“As you all know, HISA is industry-funded,” Lazarus said. “So these lawsuits are ultimately being paid for by the industry, and ironically in part by the entities suing us. It is really a shame to see industry dollars that could [otherwise] be spent on positive reforms to make racing safer. It's deeply disappointing because there is so much we could do as an industry for unity.”

Stuart Janney III, The Jockey Club's chairman, didn't try to hide his disdain for the groups trying to derail HISA, terming the plaintiffs in the lawsuits as “certain politically charged states, rogue horsemen's groups, and–'Surprise, surprise!'–the Jockeys' Guild.”

And while the annual Round Table has largely devolved over the years into a two-hour echo chamber of platitudes, preaching-to-the-choir presentations, and a pep rally for pet Jockey Club projects, Janney did give a succinct analysis of where those lawsuits stand from a pro-HISA perspective during his closing remarks.

Janney focused on one of the lawsuits in particular, in which HISA and the Federal Trade Commission (FTC) are alleged to have violated the Fourth and Seventh Amendments to the United States Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

The states of Louisiana and West Virginia, plus the Guild, are the lead plaintiffs in that case, and just this past Friday, Aug. 12, 14 affiliates of the Horsemen's Benevolent and Protective Association petitioned a federal judge to be allowed to join the lawsuit.

“Significantly, the Louisiana federal district court found zero constitutional violations,” Janney said. “But it did initially agree with plaintiffs that the Authority's definition of 'covered horse' and its search-and-seizure rules expand beyond the scope of the statute ever so slightly.

“Practically speaking, this portion of the ruling has no impact, because the Authority voluntarily revised both rules to comply with the statute,” Janney said.

“The district court also questioned the Authority's rule on funding, which was actually favorable to the plaintiffs, Louisiana and West Virginia. And amazingly, if the plaintiffs prevail, it will have those two states paying hundreds of thousands more for HISA.

“And finally, [the court] queried the length of the notice and comment period, though it recognized that any of the claimed deficiencies can easily be remedied by the Authority, even if the Authority is ultimately unsuccessful on the merits,” Janney said.

“In other words, in ruling in favor of the Authority's opponents, the Louisiana federal district court nevertheless acknowledged that the implementation of the Authority's rules cannot be stopped,” Janney said.

“So to be clear, none of these issues threaten HISA's long-term viability. But they certainly waste time and money,” Janney said.

“Another federal lawsuit challenging the Authority and HISA was filed in Texas last week,” Janney said. “It recycles many of the failed claims. Like the cases that came before it, and those that will come after it, the new lawsuit merely serves as a distraction and a waste of industry resources,” Janney said.

“Ironically, under HISA, horsemen will be the ones who bear the brunt of these additional legal costs,” Janney said.

Lazarus gave an update on HISA's next steps, acknowledging that she understands HISA needs to build trust within the industry, even among those who already support it.

“We at HISA are accountable to you. We have to listen to everyone and adapt as appropriate,” Lazarus said.

“HISA wants open and collaborative dialogue with everyone in the industry who comes to us in good faith,” Lazarus said.

“Specifically, I will soon be creating several advisory groups, including a horsemen's group, to enhance engaging with stakeholders to ensure we are delivering the best programs to the industry,” Lazarus said.

“We will continue to refine the racetrack safety rules,” Lazarus said. “Future rules will fill in gaps, clarify ambiguities.”

A transition to a new and permanent website will hopefully ease some of the concerns from industry participants who have complained about the user interface when registering with HISA.

The rollout of the Anti-Doping and Medication Control Program (ADMC) is HISA's next high-profile endeavor.

“We've made significant progress on the ADMC program,” Lazarus said. “In recent weeks we have developed and refined, with input from hundreds of racing stakeholders, a comprehensive set of rules. These will be submitted to the FTC this coming week for implementation in January 2023.”

Lazarus continued: “We are building a seasoned, world-class team that will implement the first national anti-doping program in horse racing, with uniform testing and uniform sanctions. It will be tough, but it will be fair. And in time, horses will be able to complete with the comfort of knowing they will not be beaten by someone who is cheating.”

Beyond that, Lazarus explained, “We also see a future where we can marry anti-doping investigations and intelligence with a robust capability that will be deployed nationally in both in- and out-of-competition testing.”

Lazarus also gave an update on HISA's participation levels.

“We are now six weeks into the implementation of the racetrack safety rules. To date we have registered 34,000 horses and 28,000 people. And more importantly, in my view, 90% of horses, jockeys, and trainers that are competing are registered. And if you take the state of Louisiana out of the picture, we're at 95%, because the majority of our non-registered participants are located in Louisiana.

“We've reached voluntary agreements to implement HISA rules in 17 state racing commissions out of a total of 21 that HISA currently governs,” Lazarus added.

HISA is in the process of hiring a national medical director to support tracks nationwide with jockey safety and health protocols, and has already facilitated and paid for concussion testing for riders at 10 tracks, Lazarus said.

“Jockey welfare alongside equine welfare is a major priority for HISA,” Lazarus said.

But the topic of jockey welfare brought up another ironic twist, at least from Janney's perspective.

“If I were a jockey, I'd be very excited about [HISA's safeguards for riders],” Janney said. “But apparently, they're not. Upping the ante, [the Guild] joined with [other plaintiffs in the Louisiana lawsuit] in adding a charge of contempt. It's outrageous. The jockeys are wasting their time and are hurting our sport. I hope they will come to realize that.”

Janney continued: “HISA is a once-in-a-lifetime chance to grow the sport through increased integrity and enhanced safety of horse and rider. This business isn't the same as it was 10, 20, 30 years ago. We all know it. And we now understand the economics… Folks, it's time to get together on HISA. It's good for the sport. HISA is legal. HISA is here to stay.”

Lazarus also concluded her presentation with a plea for unity.

“I don't mean that we are going to agree on every single rule. But I mean that we unify around the governing principle, the core principle, that we need to speak with one voice,” Lazarus said.

“HISA, as I sit here today and address you, is not perfect. And as you know, it is still a work in progress. But I'm incredibly proud of the work done by our small team under the very tight time frame set by Congress and the legislation.

“We have one industry and one chance. Let's have vigorous debate about what the rules should be. Let's never forget that our real adversaries are the bad actors who tarnish our sport, anyone who is cavalier about horse welfare, and those who want to shut down horse racing for good.”

“It's been only six weeks since we have launched HISA. Give us some time. Give us some grace. This effort to enhance the safety and integrity of racing is so important. And if it fails, we all fail. And if it succeeds, we all succeed. It's really that simple,” Lazarus said.

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Fishman Has Been Sentenced. Is That the End of This Story?

Having been convicted of two counts of drug adulteration and misbranding, with intent to defraud and mislead, Dr. Seth Fishman was sentenced Monday to 11 years in prison, by far the longest sentence handed down to anyone among the many people tied up in a far-reaching doping scandal that has shaken the Thoroughbred and Standardbred industries. He will soon call a federal penitentiary home, and for a long time. Good. He got what he deserved.

But is this the end of his story or a precursor to what's to come? Are the arrests of Fishman, Jason Servis, Jorge Navarro and some 25 others just the first chapter in scandal that will bring down dozens, maybe even hundreds, of others? Some say that is inevitable.

“I have no doubt there are many arrests pending,” Jockey Club Chairman Stuart Janney III said at the 2020 Jockey Club Round Table. “Fortunately they will happen, just not as soon as we would like.”

Despite Janney's assurances, nothing is certain here. Nothing is clear cut.

Fishman is a key figure. Surely, he was dealing performance-enhancing drugs to far more people than those who were targeted, indicted and convicted of doping horses by the federal government. It can't just be Servis, Navarro and a handful of others.

In February, a list of Fishman's clients was released. But that raised more questions than it answered. There were more than 2,000 individuals on the list, and virtually all of them were from the Standardbred industry. The list included hundreds of people whose integrity has never been questioned and who have spotless records. That may be because some of those whose names were on the list purchased legal medications from Fishman. We just don't know.

So the list did not answer the key question: who was buying performance-enhancing drugs from Dr. Fishman? Fishman may decide to answer that question, to tell all. Maybe he already has. Then again, maybe that's not necessary. Is there a paper trail of not only who he sold drugs to but which drugs? One would think that would be the case. There's also the case of Louis Grasso. Another veterinarian who dealt primarily with Standardbreds, he entered a guilty plea in May on the charges of one count of drug adulteration and misbranding conspiracy. What does he know? Who, beyond those already caught up in the scandal, was he dealing his drugs to? Will we ever find out? Nailing a bunch of other cheats would seem to be a case of low-hanging fruit.

“I hope there will be more arrests and indictments,” said Meadowlands owner Jeff Gural, who has played a large part in the effort to catch the worst of the worst when it came to racing's cheats. “I would hope we will be able to find out who bought what from Fishman and Grasso. Because, clearly, they know who bought what. I am sure people bought legitimate medications, but I'm also sure others bought performance-enhancing drugs. I don't think this is the end of it at all.”

One school of thought is that the government is waiting, that it wants to first resolve all the cases against all the alleged cheaters from the original March, 2020 indictments. That includes Servis, who is set to go on trial in January. After Servis' trial is over and, if he is found guilty, and his sentence has been announced, maybe that's when there will be a fresh and lengthy list of additional horsemen, trainers and vets that have been indicted.

But here's another scenario, one that I believe is most likely.

The government probably already has a laundry list of people who bought PEDs from Fishman and Grasso. It wouldn't be hard to come up with one. And maybe Fishman and Grasso, in hopes of getting a lighter sentence, have cooperated with the authorities and named names. That's entirely possible, if not plausible. But that doesn't mean that the government has to act on that.

Does the government really want to use up even more resources on something, that in the grand scheme of things, isn't that big of a deal? Every minute they spend trying going after people who may have cheated in what is not a major sport is one less minute they can devote to going after drug dealers, money launderers, gang leaders and the likes of Ghislaine Maxwell. As much as we care about our sport and as much as we want to rid ourselves of the cheats, we really are small potatoes.

The hope is that there are a bunch more bad guys out there who are going to face the consequences for doping horses. I just don't think that's going to happen. Sure hope I am wrong.

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