Taking Stock: Varola, Hewitt Discuss Vaguely Noble & Caro

If you are a student of pedigrees, you'll know of Franco Varola and Abram S. Hewitt. If not, take my word for it that they were two giants in the field of pedigree research, and both were excellent writers. Varola, an Italian whose first name was Francesco, is known for two iconic books, “Typology of the Racehorse” and “The Functional Development of the Thoroughbred,” both of which examined influential stallions by aptitude and classified them as “chefs-de-race” within the dosage framework originally developed by Lt. Col. J.J. Vuillier at the beginning of the last century; Hewitt, an American, is a major name among pedigree writers in North America and is the author of the classic “Sire Lines.” Hewitt worked with Dr. Steven Roman and Leon Rasmussen in the early days of classifying chefs for American racing.

Rasmussen was another pedigree giant and outstanding writer who penned the longtime “Bloodlines” column for Daily Racing Form, and he frequently referred to Hewitt as the “doyen of American turf writers,” a testament to his respect for Hewitt.

Hewitt and Varola published their books at the time Rasmussen was writing his column for DRF. Varola's “Typology” came out in 1974; Hewitt's “Sire Lines” was published in 1977; and Varola's “Functional Development” was released in 1980. All three men communicated with one another through letters during this period, which coincided with a 16-year-old–me–sending a note to Rasmussen in 1976 about a stallion he and Hewitt had been discussing as a potential breed shaper. Long story short, I never expected Rasmussen to reply, and when he did, it began a longtime pen pal relationship that developed into a lifelong friendship, which even included a family trip with my wife and two young sons to visit Leon and his wife in Los Angeles.

Leon died of cancer at 88 in August of 2003. On a solo visit to the Rasmussens at their Los Feliz home about a year or so before that, Leon told me he didn't have much time left. “They found this growth behind my ear, pal,” he said. Leon then took me into his office and showed me about eight cardboard boxes he'd packed, addressed to me in Brooklyn. “I'd like you to have all my racing correspondence, if you don't mind?” I said I was honored, but not to expect me to attend the funeral. He saw I was visibly shaken by his news. “Let's get some Chinese food and martinis, then, and celebrate now,” he said, and we did. That was the last time I saw Leon in person, and I kept my word to not attend his funeral.

Unfortunately, I wasn't a good steward of that cache. I went through each letter over a period of a few years after Leon died, and it was fascinating reading. Leon detailed notes about his trip to Dormello to see legendary breeder Federico Tesio's operation, for instance, and there was correspondence with many of the greatest breeders and owners of the last century. All of it perished during a storm that flooded my basement, and all I had were my memories, I thought.

Vaguely Noble and Caro

Just the other day, as I was preparing to move from Brooklyn to Tampa, I found some correspondence from Leon that I'd brought upstairs years ago to write about but had forgotten to do: letters between Varola and Hewitt from 1977. Hewitt had given copies of them to Leon.

They are captivating historical artifacts that illuminate the relationships of Varola and Hewitt with some notable breeders and horses, and they reveal how some matings were planned. I'm going to be specific here for space reasons and I quote the writers to only discussions they had about imports Vaguely Noble (Ire), who was controlled by Nelson Bunker Hunt during his stud career at Gainesway during the John Gaines era; and Caro (Ire), who started off at stud in Europe but was then moved to Brownell Combs's Spendthrift in the late 1970s. Caro was the champion sire in France in 1977, but his sire line went dormant for a period after he was long gone, resurging in North America only years later, first through California-bred Indian Charlie and then through the latter's son Uncle Mo, one of the best young sires at stud today. Vaguely Noble's sire line has all but disappeared here, but during his career he was one of the great transmitters of stamina, which is something of an anomaly for U.S.-based stallions nowadays.

By the Hyperion-line Vienna (GB), who was owned by Sir Winston Churchill, Vaguely Noble was a Prix de l'Arc de Triomphe winner, and he came to Kentucky after Gaines purchased a quarter of the horse from Bunker Hunt and his partners, Robert and Wilma Franklyn.

At the time, Hewitt was doing the Bunker Hunt matings, which he wrote about to Varola in a letter dated Jan. 15, 1977. Varola, who lived in Rio de Janeiro from March to September and in Rome from October to February, was late getting the letter, which had been sent to Rome and then was forwarded to Rio.

In a reply dated Apr. 13, Varola responded, after explaining the reasons for the tardy reply [I'm reproducing the exact language they used with no edits for punctuation or style]: “I do appreciate the magnitude of the job which you have undertaken on behalf of Mr. Bunker Hunt, involving as it does 176 mares, which is more than double any single similar job I have undertaken in the past. I am sure however that you will derive great personal satisfaction from it, and I wonder if you would care to send to me some of the tabulated pedigrees of matings which you may have devised for one reason or another, and if you would be further agreeable to my quoting some of these matings in my coming book.”

On Apr. 19, Hewitt responded: “You probably already know that Bunker Hunt has bred virtually all the good racers by Vaguely Noble. The program has been basically simple. Since Vaguely Noble was a very high-class horse who stayed exceptionally well, he was bred to very fast mares, who typically came from 'speed' strains. This has balanced out very well.

“One of my hobbies has been to listen to horses' hearts. Vaguely Noble has much the best 'staying heart' of any sire in Kentucky; Secretariat is also exceptional.

“Doing the matings for the Hunt Stud is enjoyable. However, I have by no means a free hand. Mr. Hunt likes to move matings around, like moving chess pieces. In addition, he owns a controlling share in Vaguely Noble, Mississipian, Ace of Aces, Youth, Empery, and Sir Wiggle. This means that I am very restricted in the use of 'outside' sires which I would like to patronize. To some extent, I have been permitted to do so, and must say, that the foals of these 'outside' sires are on the whole superior to the others, except for 5 or 6 by Vaguely Noble.”

At the time of these letters in 1977, the Bunker Hunt-bred-and-owned Dahlia, a member of Vaguely Noble's first crop, had been retired and covered for the first time, by Bold Forbes. Foaled in 1970 and raised at Claiborne for Bunker Hunt, Dahlia was one of the best of her generation, which included Secretariat, Forego, and Allez France in the same crop. She raced until she was six, winning 15 of 48 starts and nearly $1.5 million. Like many of Bunker Hunt's homebreds, she'd started off in Europe, where she won the G1 King George VI and Queen Elizabeth S. against older males at three, among other races of note, before returning to the U.S. full time as an older mare. Dahlia was a champion in England, Ireland, and the U.S.

As Hewitt noted, the mating that produced Dahlia was based on the idea of using a fast and precocious mare. Her dam Charming Alibi, a daughter of Honey's Alibi, was a tough and fast California-bred who won stakes races in the Midwest, making 13 starts at two and 71 altogether. There was nothing blue-blooded about her pedigree.

In 1976, the last year Dahlia raced, Bunker Hunt won the G1 Epsom Derby with the Vaguely Noble homebred Empery, whose dam was the champion Peruvian-bred mare Pamplona II. She'd previously produced his 1970 French 1,000 Guineas winner Pampered Miss, a daughter of Sadair. Like Charming Alibi, Pamplona didn't come from a fashionable sire line, but she had performance on her resume, plus production, at the time she was bred to Vaguely Noble.

Bunker Hunt also won the G1 French Derby in 1976 with Youth, a son of Ack Ack. He must have been one of the Bunker Hunt homebreds that Hewitt liked by an “outside” stallion. His dam was Gazala II, a daughter of Dark Star–the horse who defeated Native Dancer in the Kentucky Derby. Gazala, a small, unimpressive, and delicate mare, won the French 1000 Guineas and the Oaks for Bunker Hunt in 1967, displaying terrific acceleration. She was by far Dark Star's best runner. Before Youth, Gazala had produced the Vaguely Noble colt Mississipian, the champion 2-year-old colt in France in 1973, and after Youth, she foaled the Vaguely Noble colt Gonzales, who won the G1 Irish St. Leger in 1980.

Hewitt wrote to Varola again July 29. By this time, he'd digested Varola's “Typology of the Racehorse,” difficult as that was, he noted, and was experimenting with Varola's diagrams within Vuillier's framework of dosage. He wrote: “I have been doing a certain amount of investigating with the use of your diagrams, with the added use of the names of key American stallions which do not appear in your tables; and in addition to this I have tried assigning numbers to each name in accordance with the Vuillier dosage method. The results to date have been quite illuminating.

“Mr. Hunt, [sic] horse Vaguely Noble, for instance, works out at a consistency figure about 2 1/2 times the average, suggesting a lack of brilliant offspring and the probability of somewhat late maturity. This has proven to be the case. In fact, all of his best stock have been from mares with a high turn of speed and tending towards early maturity.”

Hewitt then turns his attention to Caro, whose first foals were 4-year-olds at this writing. Caro, by the way, was a horse that Leon frequently described as a product of a “fish and fowl” mating, because he was by the sprinter Fortino (Fr) out of a stayer, Chambord (GB). Hewitt suggested that the same analysis he'd used for Vaguely Noble didn't provide an accurate reading of Caro's aptitude to that point in time. “Caro, which has made such a brilliant start at stud in France,” he began, was showing more brilliance at stud than was expected, he said, to paraphrase. “This is somewhat surprising to me in a horse that was as late maturing as Caro was and showed as little sheer brilliance as he did.”

What Hewitt didn't know when he wrote that to Varola was that Varola himself had planned Caro's mating for his owner and breeder, Countess Margit Batthyany, a prominent European breeder whose family owned the famed Gestut Erlenhof in Germany.

Varola's reply from Rio Aug. 31 first expressed dissatisfaction with Hewitt's methodology of mashing up his work with that of Vuillier's, and then of Hewitt's opinion of Caro. He wrote: “As regards assigning numbers in Vuillier-like fashion, I am very much more doubtful. I am afraid there are already a lot of numbers in my own basic method such as it is, but the main reason is that since my task is to spot functional types, this is something that is done mainly on personal impression and without any interference of numbers in the initial stage of the analytical process.

“For instance, my own view of Caro [whose dosage diagram was, by the way, designed by me personally back in 1966] is that he has turned out to be exactly what we had hoped at that time he would be, that is a sire with distinctly Intermediate vocation and destined no doubt to influence future pedigrees on the distaff side as well. By the way, I do not agree that he was a horse without brilliance. It was rather a case of a horse of high genetic potential, which tends to manifest himself on the racecourse with good class but without ever attaining the status of a smasher. Big Game was another such example.”

This months-long conversation of two giants of the pedigree world offers more than an insight into Vaguely Noble, Caro, their connections, and the thought processes of the protagonists. For one, it's a record of the early development of dosage in this country; Hewitt, Dr. Roman, and Rasmussen would chisel some of Varola's work into practical usage through Dr. Roman's easily accessible diagrams and formulations, which were first introduced in “Bloodlines” in 1981.

There's something else we are privy to only in hindsight. Caro's breeder and owner Countess Batthyany had Nazi ties and was implicated in a massacre of Jews, which I wrote of in 2018 here. Hewitt, who among many other accomplishments was also a notable owner and breeder, was part of the Office of Strategic Services (OSS)–which later became the Central Intelligence Agency (CIA)–during WWII and was a Nazi hunter. Varola was an Italian living in Rio de Janeiro, a destination of Nazis after WWII. I have no knowledge that he was associated with Nazis or Nazi sympathizers, other than the revelation that he planned the matings of Countess Batthyany.

What if Varola and Hewitt knew of the other's background and their respective associates as they wrote to each other? Maybe they did, but in these letters they confined their discussions to horses.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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Taking Stock: Notes on Medina Spirit and Breeders Hertrich lll and Fielding

As I sat down to write this column Monday, I got a text from a bloodstock agent that said, “Heard Medina Spirit broke down at Santa Anita a little while ago. Gonna be a shit storm.” I checked Twitter right away, but there was nothing yet about Medina Spirit (Protonico). I didn't have to wait long. Some minutes later, the “I heard Medina Spirit…” tweets started trickling out, and then the dam burst. Everyone had something to say, and most of it was derogatory or innuendo about his trainer, Bob Baffert, who's been a lightning rod for controversy, including for a post-race betamethasone positive on Medina Spirit after the colt had surprised many with a gutty win in the Gl Kentucky Derby this spring.

The negative response was expected, because Baffert went through a tough period some years back when a number of his trainees died of apparent “sudden-death” heart attacks, which was the immediate speculation about Medina Spirit. Although Baffert was mostly cleared of wrongdoing and never sanctioned in the prior deaths, they left a black mark that's never been erased. His recent medication violations have only infuriated his detractors and heightened tensions, creating the climate that was a tinderbox for the “shit storm” that hit after the news broke Monday morning.

Ironically, Medina Spirit had been in the news Friday evening, when Baffert's attorney had triumphantly released a statement that said that a lab had determined the betamethasone in the Derby positive had been from an ointment and not an injection.

It's always a gut punch for anyone in this business when a horse dies, especially the connections. I sent condolences via texts to both Baffert and Amr Zedan, the owner, and both responded, Zedan with the praying symbol and Baffert with one word, “Devastated.” When the Derby winner and a high-profile horse like Medina Spirit dies, emotions are understandably amplified, but because it was a Baffert horse, the angst and anger surrounding the death was at another decibel level altogether on social media, where he's positively toxic. Unfortunately, lost in all this were Medina Spirit's accomplishments, some of which were minimized by folks while he was alive because of the betamethasone positive and because he was trained by Baffert. That's too bad, because he was a Classic winner and also a rare type of horse.

Bred by Gail Rice in Florida in a “backyard” breeding program, Medina Spirit exceeded all expectations and was an inspiration to small breeders everywhere. A $1,000 yearling, he was purchased for $30,000 as a 2-year-old in training by Zedan Racing Stable but steadily climbed the ladder in Baffert's elite barn, stepping over high-priced yearlings one at a time to become the third-best 3-year-old for Baffert behind Life Is Good (Into Mischief) and Concert Tour (Street Sense), two Gary and Mary West-bred colts. But when those two failed to make the Churchill Classic, Medina Spirit stepped up to the plate off the bench and delivered the ultimate pinch hit, succeeding at 12-1. His win appeared to surprise even his trainer.

Medina Spirit's road to Louisville had included some tough races, notably two against the stable star, the handsome and brilliantly fast Life Is Good. In the Glll Sham S., Medina Spirit immediately caught the eye for closing the distance when Life Is Good had looked like was going to blow open the race. At the finish, less than a length separated the two horses, but it was Medina Spirit's “try” that caught the eye–he simply wouldn't give up, despite the excuses that were made for his stablemate's lack of focus in the race. That try is the characteristic that most defined Medina Spirit, and it was evident in all 10 of his starts, five of which he won. He placed in the other five races, and it's notable that he never let the popular Godolphin runner and Gl Belmont S. and Travers S. winner Essential Quality (Tapit), the champion 2-year-old colt last year who's touted as the favorite to win the Eclipse as champion 3-year-old colt, finish ahead of him in two meetings.

Medina Spirit wasn't particularly attractive, he wasn't a big horse, and he didn't appear to be a physically athletic standout unlike most in Baffert's barn, but that will to win and the will to never give up that he repeatedly exhibited is the rarest and most sought-after characteristic in racehorses.

Aidan O'Brien once told me that his G1 2000 Guineas winner Saxon Warrior (Jpn) (Deep Impact {Jpn}) “would absolutely kill himself stone dead for you,” meaning he'd generously empty the tank and run on fumes if he had to.

That's exactly how I'll remember Medina Spirit. He was that type of warrior, and one of the few horses in recent years that I've admired for his try. He left it all on the track.

Americanrevolution

You've already read in TDN about the notable accomplishment of breeders Ashview Farm and Colts Neck Stables being represented by the juvenile duo of Mo Donegal (Uncle Mo) and Nest (Curlin), two Todd Pletcher trainees who won the Gll Remsen and Gll Demoiselle, respectively, at Aqueduct Saturday. They can dream about the Derby and the Gl Kentucky Oaks over the winter.

Pletcher also won the Gl Cigar Mile Saturday with CHC Inc. and WinStar's ascendant 3-year-old colt Americanrevolution (Constitution), who was bred by in New York by Fred W. Hertrich lll and John D. Fielding, who've been having a dream of a year. Alone or in partnership, Hertrich, at the least, should be considered for an Eclipse Award as breeder of the year, because he's had a hand in breeding five Grade l winners in 2021–quite an accomplishment, especially for a fairly small breeding entity that's based at Watercress Farm in Lexington.

Aside from Americanrevolution, a winner of five of seven starts, the other Grade l winners are Beyond Brilliant (Twirling Candy), Juju's Map (Liam's Map), Pinehurst (Twirling Candy), and Maxim Rate (Exchange Rate).

Hertrich and Fielding, along with Robert L. Tribbett, bred Beyond Brilliant, who won the Gl Hollywood Derby for trainer John Shirreffs on Nov. 27.

Hertich alone bred Juju's Map, winner of the Gl Darley Alcibiades at Keeneland on Oct. 8 for trainer Brad Cox.

Hertrich and Fielding bred Pinehurst, who won the Gl Runhappy Del Mar Futurity on Sept. 6 for Baffert.

Hertrich and Fielding bred Maxim Rate, who won the Gl Gamely at Santa Anita on May 31 for Simon Callaghan.

Hertrich and Fielding are commercial breeders who sell with Taylor Made, and these are the prices they got for these five future Grade l winners: Maxim Rate was a $130,000 weanling; Pinehurst sold for $180,000 as a weanling; Juju's Map was a $190,000 short yearling; Beyond Brilliant sold for $50,000 as a fall yearling; and Americanrevolution was a $275,000 summer yearling.

If I were shopping for young horses, I'd be looking carefully in the Taylor Made consignments for horses bred by Hertrich and Fielding.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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Taking Stock: New Kentucky Stallions at $10,000

Back in March of 2009, in the Werk Thoroughbred Consultants blog, the late Jack Werk recounted a wager we'd made years earlier. This is what he wrote:

“The year that Elusive Quality went to stud, pedigree expert Sid Fernando and I had a small side bet: Who was the best sleeper or long shot from that crop? Sid picked Distorted Humor, standing for $12,500, a pretty astute choice at the time. I, of course, picked Elusive Quality, who also went to stud very cheap–$10,000.

“As it turns out, we both picked wisely! The top two sires by progeny earnings through the first two months of 2009 are Distorted Humor and Elusive Quality, and both have sired a Kentucky Derby winner. For a while it looked like Sid's pick was going to blow my choice away–Distorted Humor is one of the best stallions in the country and stands for $150,000–but Elusive Quality has made a strong 'stretch run' to narrow the gap, much like his son Raven's Pass's amazing move in the Breeders' Cup Classic last fall.”

Distorted Humor and Elusive Quality aren't the only stallions to enter stud for fees of between $10,000 and $15,000 that later ballooned into six-figures. More recent examples include three of the best stallions now at stud: Into Mischief, who began for $12,500 in 2009 at Spendthrift; Tapit, who started for $15,000 at Gainesway in 2005; and War Front, whose initial fee at Claiborne was $12,500 in 2007.

It's never easy predicting sire success, but what these examples illustrate is that some top-tier stallions are not necessarily the best-raced champions, and it could well pay to scrutinize those horses that enter stud for between $10,000 and $15,000.

So far, in 2022 there will be at least eight new stallions in Kentucky in that price range (they are all entering stud for $10,000), and perhaps one or two of them will turn into a top-class stallion like those mentioned above. Below are some brief notes on each, listed alphabetically.

Code of Honor (Noble Mission {GB}–Reunited, by Dixie Union) at Lane's End: Bred and raced by Lane's End's W.S. Farish, Code of Honor was sired by an exported ex-Lane's End son of Galileo (Ire) who is a full brother to Frankel (GB). Code of Honor is an anomaly as a Grade l winner on dirt for a sire line known for high performance on turf. The great Galileo, for instance, has yet to sire a top-level winner on dirt, and neither has Frankel, his heir apparent. Perhaps Code of Honor will be the conduit for dirt success for the Galileo branch of Sadler's Wells, just as El Prado (Ire) was for Sadler's Wells himself? A $70,000 RNA at Keeneland September, Code of Honor is trained by Shug McGaughey and has won seven of 19 starts, earning almost $3 million, and he may yet make another start before he starts stud duty. He won his debut at two and was forward enough to finish second next out to Complexity in the Gl Champagne S. At three, he was second in the Gl Kentucky Derby and won both the Gl Travers and Gl Jockey Club Gold Cup at 10 furlongs–his metier. His dam was a Grade lll winner by the deceased Lane's End sire Dixie Union, and she produced the Grade ll-placed Big League (Speightstown) in addition to Code of Honor. The extended family includes Grade or Group 1 winners Juno, Fiesta Lady, Thorn Song, and Ali Bey, as well as the current Grade lll winner Dr. Post (Quality Road).

The skinny: A Grade l winner with lots of classic-distance form for the fee, plus the Galileo-sire line.

Independence Hall (Constitution–Kalahari Cat, by Cape Town) at WinStar: Bred by Woodford Thoroughbreds, Independence Hall was a $100,000 Keeneland September yearling. Racing for a partnership including Eclipse Thoroughbred Partners, Twin Creeks, and WinStar among others, Independence Hall most recently won the Gll Hagyard Fayette S. at Keeneland Oct. 30 for trainer Michael McCarthy, and altogether he's a winner of five of 13 starts and has earnings of $874,000. He'd won both his starts at two, including the Glll Nashua, and was once considered a highly promising Classics prospect for trainer Michael Trombetta but never lived up to that initial hype, and after a fifth-place finish in the Gl Florida Derby, the colt was transferred to McCarthy on the west coast with the year-end Gl Malibu S. as a target–a race in which he also finished fifth. At four this year, the colt did run third to Knicks Go in the Gl Pegasus World Cup Invitational, but he was subsequently unplaced in both the Gl Santa Anita H. and the Gl TVG Pacific Classic before his most recent win. He's from a dam who has two other black-type winners to her credit, including a Grade lll winner. His extended family has had plenty of top-level success, including White Moonstone, Desert Stormer, Better Lucky, Speedy Dollar, Tidal Light, Camp David, Media Sensation, Dorabella, and Insouciant.

The skinny: A Grade ll winner by a top son of Tapit, which makes him ideal for American dirt racing. Has plenty of pedigree, too.

Known Agenda (Curlin–Byrama {GB}, by Byron {GB}) at Spendthrift: Bred and raced by St. Elias Stable and trained by Todd Pletcher–who has trained a boatload of successful stallions–Known Agenda was put through the ring at Fasig-Tipton Saratoga but was a $135,000 RNA. He won three of eight starts, earning $640,000, most of that from winning the Gl Curlin Florida Derby Presented by Hill 'n' Dale Farms at Xalapa–the farm where Curlin, one of the best stallions in the country, stands. Known Agenda's dam is a Grade l winner, and the extended family includes a number of Group 1 or Grade l winners, including Commander Collins, Lit de Justice, North America, Gourmet Girl, Trebrook, Paradisus, Soviet Star, The Very One, Right Con, Fly Till Dawn and Melyno.

The skinny: He's by a top-Classic sire who has already had two sons sire Grade l winners in their first crops, his dam is a Grade l winner, his trainer has a knack for making stallions, and he won the Grade l race that's become the best indicator for future sire success.

Lexitonian (Speightstown–Riviera Romper, by Tapit) at Lane's End: Bred and raced by Calumet and trained by Jack Sisterson, Lexitonian was a late developer like many top-level sons and daughters of his sire. A winner of five of 21 starts and almost $720,000, Lexitonian won the Gl Alfred G. Vanderbilt this year at five, though he gave notice last year that he was a legit high-level sprinter when he wanted to run, with narrow seconds in the Gl Bing Crosby (by a nose) and Gl Churchill Downs S. (by a head). His winning dam was produced from Grade l winner Swap Fliparoo. The pedigree isn't particularly strong, though fourth dam Flip's Pleasure was a Grade l winner, and the extended family also includes top-level winner Big Macher.

The skinny: A Grade l winner by Speightstown, whose son Munnings, a Grade ll winner of four of 14 starts, began for $12,500 and will stand for $85,000 in 2022.

Modernist (Uncle Mo–Symbolic Gesture, by Bernardini) at Darby Dan: Bred and raced by Pam and Marty Wygod and trained by Bill Mott, Modernist was on the Triple Crown trail after winning the Gll Risen Star S., but after a third-place finish in his next start, in the Gll Twinspires.com Louisiana Derby, the colt was held out of the Kentucky Derby and Gl Preakness for the Gl Belmont S., a race in which he finished seventh of 10. He won the Glll Excelsior S. earlier this year at four and enters stud with a record of three wins from 11 starts and earnings of almost $600,000. What he lacks in top-class race form, he makes up in pedigree. His sire is one of the best young stallions in the country, and his dam is by the best young broodmare sire in N. America. The immediate family includes Grade l winner and champion Sweet Catomine as well as Grade l winner Life Is Sweet–both by Storm Cat–and the extended family includes such as Grade l winners Pirate's Revenge, Cherokee Run, and champion Midnight Bisou.

The skinny: A Grade ll winner, he's by a stallion whose first sons at stud–Nyquist, Laoban, and Outwork–are making an impact, and he's got a family and broodmare sire that add to his resume appeal. He will also appeal to Storm Cat-line mares, with whom both his sire and family have succeeded.

Raging Bull (Fr) (Dark Angel {Ire}–Rosa Bonheur, by Mr. Greeley) at Gainesway: Bred by the Wildenstein family's Dayton Investments and raced by Peter Brant with trainer Chad Brown, Raging Bull sold for the equivalent of $101,000 as a yearling at Goffs Orby. He's been part of a trend of European-sourced yearling purchases to make good for Brown in N. America, winning Grade l turf races at three, five, and six (this year), and all told, he has a record of seven wins from 22 starts and earnings of $1.7 million. Brant is introducing vibrant European sire lines to N. America with him and Demarchelier (GB) at Claiborne, but Demarchelier is by Dubawi (Ire), whose Seeking the Gold sire line is more familiar to American breeders. Raging Bull is from the European-based Northern Dancer line that's known for its specialist sprinter attributes through the sequence Royal Applause (GB)/Acclamation (GB)/Dark Angel, and this could be an important reintroduction of a branch of Northern Dancer to N. America that's been specific to Europe for decades. Raging Bull stayed farther here than typical members of this line do in Europe, but at the end of the day, the line is all about speed. The immediate pedigree isn't particularly strong, but the extended family includes such as top-level winners Shahtoush, Declan's Moon, Montmartre, Kalaglow, Thundering Star, Flying Duel, Dancing Duel, Ramonti, Zabrasive, and Kings Island.

Watch Raging Bull at Gainesway:

The skinny: Grade l winner and a member of an excellent sire line based on a foundation of speed that will introduce some diversity to the breed.

Rock Your World (Candy Ride {Arg}–Charm the Maker, by Empire Maker) at Spendthrift: Bred by Ron and Deborah McAnally and raced by Hronis Racing and Talla Racing with trainer John Sadler, Rock Your World was by far the most expensive yearling of this group, selling for $650,000 at Keeneland September. A winner of three of seven starts and $600,000, he thrust himself into the Triple Crown picture earlier this spring with an impressive front-running score in the Gl Runhappy Santa Anita Derby, defeating eventual Kentucky Derby winner Medina Spirit by four-plus lengths. I discussed his pedigree in depth in April in this space, and you can read it here.

The skinny: A spring 3-year-old Grade l winner, he's by Candy Ride, whose son Gun Runner is carving up all freshman sires this year. That alone adds heft to his profile, but he's got speed, racing class, and pedigree, too.

Tacitus (Tapit–Close Hatches, by First Defence) at Taylor Made: A Juddmonte homebred trained by Bill Mott, Tacitus has the best pedigree of this group by a mile. His sire is one of the best in the country and has a top-class son in Constitution, and his dam is champion and Grade l winner Close Hatches, who descends from blue hen Best in Show–one of the most influential mares in the Stud Book and the ancestress of too many high-class winners to name here. A winner of four of 17 starts and $3.7 million, Tacitus began his career as if he'd become one of the most expensive young horses to enter stud, winning three of his first four starts, including the Gll Lambholm South Tampa Bay Derby and the Gll Wood Memorial S. Presented by NYRA Bets. In fact, he was the favorite in the 2019 Kentucky Derby, but he ran third, and soon thereafter the pattern emerged that he was never quite good or lucky enough to get that Grade l race on his resume, though he tried mightily, hitting the board in such Grade l races as the Belmont S., Travers, Jockey Club Gold Cup (twice), and Woodward.

The skinny: Grade ll winner by the sire of Constitution with so much family that his good-enough race record takes a back seat.

Watch Tacitus at Taylor Made:

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

 

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Taking Stock: Misbranding Case Doomed By Fed Error

Expeditiously I be on my Grizzly
Feds try to creep me somehow always miss me
–Mr. Fantastik, from the MF DOOM song “Anti-Matter” on the King Geedorah album “Take Me To Your Leader”

If you're not hip to the slang in the lyrics above, Mr. Fantastik is essentially saying that the Feds are after him while he's on his grind, but they can't quite get him. There's an implication in there that the Feds are incompetent, but that's more evident from Mr. Fantastik's delivery.

Trainer Murray Rojas can probably relate to that sentiment now, after a Supreme Court decision was handed down in her favor last week on the Monday before the Breeders' Cup races. It didn't get much publicity in the racing press, perhaps because of the anticipation of the Breeders' Cup, but it should have, because the decision may have ramifications for horse racing-related misbranding cases working their way through the judicial system. Also, the larger issues of “federal overreach” addressed in an amicus brief filed in support of her petition are in the playbook of conservative federal judges, and some of them may hear cases challenging the constitutionality of HISA (the federal Horseracing Integrity and Safety Act, which was signed into law almost a year ago and is meant to oversee the sport at a federally mandated level but is being challenged by the attorneys general of several red states and the National Horsemen's Benevolent and Protective Association {NHBPA}).

A Penn National-based trainer, Rojas had been convicted on 14 felony charges by a jury in federal court on June 30, 2017, for misbranding drugs and conspiracy to misbrand in violation of the Federal Food, Drug, and Cosmetic Act (FDCA), relating to the administering of drugs to horses in her care within 24 hours of races. That act alone was against the rules of racing in Pennsylvania.

The FBI had led a sweeping law enforcement investigation of trainers and personnel at Penn National, and others were prosecuted as well by the U.S. Attorney's Office of the Middle District of Pennsylvania, but Rojas's case was the icing on the cake. On May 16, 2019, Rojas was sentenced to 27 months in prison and two years of supervised release, plus a fine of $5,000–the most severe sentence handed down in this roundup.

Rojas convinced the sentencing judge to grant bail while mounting an appeal, but the U.S. Court of Appeals for the Third Circuit, on January 11 of this year, affirmed the district court conviction and sentence. Things looked bleak for Rojas at that point.

Rojas, however, fired off a Hail Mary pass. On May 13, she filed a petition for a writ of certiorari, or a hearing in the Supreme Court. The highest court grants only about 1% of petitioners a hearing, but Rojas got two important briefs of support to get hers.

Coady photo

One was the aforementioned amicus brief filed on June 17 by the American Conservative Union Foundation (ACUF), which bills itself as an organization that “opposes the increasing application of federal law to matters that are more appropriately addressed by state and local authorities.” ACUF, a nonprofit, is the fundraiser for the American Conservative Union (ACU), which hosts the Conservative Political Action Conference (CPAC).

Joining the ACUF on the brief was The Cato Institute, another organization advocating limited government.

Their brief essentially agreed with the Rojas petition that the lower courts in this case had blurred long-held distinctions in case law between the “dispensing” and “administering” of drugs. Rojas had been convicted by a jury that was instructed that both dispensing and administering amounted to the same thing, and this line of thought had been affirmed in the Third Circuit appeal that she'd lost. The dispensing or sale of drugs is federally regulated in interstate commerce in the FDCA, the brief noted, but the administering of drugs by a veterinarian or medical practitioner in the course of his practice is not. This is what Rojas, who wasn't dispensing drugs, had been arguing all along in fighting the federal charges against her, and it was the centerpiece of her petition.

The brief was a classic conservative treatise on federalism. It disparaged “the aggressive federal criminal prosecution…that historically has been left to state and local regulatory enforcement,” because the alleged crimes that took place were infractions of state law. The Feds, however, had tried to pigeonhole them through a “liberal” reading of FDCA, according to the brief, to fit federal felony laws.

Believe it or not, the second brief supporting Rojas came from the respondent, The United States, in a filing Sept. 17 by the Acting Solicitor General, an Acting Assistant Attorney General, and two Deptartment of Justice attorneys. Perhaps they were convinced by some of the arguments in the ACUF and Cato Institute brief, because they also agreed that misbranding did not occur in this case and Rojas's conviction should be vacated. All said and done, it was a stunning defeat for the Feds, although their brief appears to be constructed in a narrow manner applicable only to this case–perhaps because of the larger Southern District of New York (SDNY) case of misbranding pending against trainer Jason Servis.

Rojas filed a reply Oct. 6 addressing some of these specific concerns, plus larger conservative issues of federalism and states' rights. On Nov. 1, the Supreme Court granted the petition, vacated the judgment against Rojas, and remanded the case “for further consideration in light of the confession of error by the Solicitor General.”

Conservatives vs. Conservatives

Conservatives and libertarians came to Rojas's defense and flexed ideologies that resonated with a conservative court. Someone tweeted recently that racing is a right-wing industry, which may be going a bit too far, but it's probably safe to say that most of the stakeholders in the game are conservatives who would support concepts of federalism and states' rights, as well as vote for the same type of people advocated by organizations like ACUF and the Cato Institute. Yet two notable conservative factions, one led by The Jockey Club (TJC) and the other by the NHBPA, are on opposite sides of HISA, which brings federal heft into racing like never before.

This anomaly is essentially pitting racing people of the same overall political philosophy against each other at the same time as they're probably supporting the same people in political office or in the voting booths.

Both factions, for instance, likely would have supported Donald Trump's three appointments to the Supreme Court that have shifted it to the right.

It's only a matter of time before there's a collision between conservative principles of federalism and HISA. Those that support HISA are likely to end up at odds with high-powered and influential conservative intellectuals outside of racing like those that came to support the Rojas petition. And if a challenge to HISA were to get to the Supreme Court, opponents of it could possibly prevail. For instance, even before two of Trump's three appointees were on the Supreme Court, it ruled in its May 2018 decision that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional because the “anti-commandeering principle” of the 10th Amendment recognizes limitations of congressional authority over state governments, and there are parts to this that could possibly apply to HISA as well.

A few years ago, while writing in this space about one of the earlier versions of the bill that eventually became HISA, I wrote: “But if it did somehow become law, the constitutional challenges to it in court–certainly in the way it's now written–could set off another round of battles, and in the end, the industry would probably find itself exactly where it is now: battling itself.”

More specifically, I should have warned that it would be a battle of conservatives versus conservatives, and that's something to think about, because mostly liberal lawmakers supported the passage of HISA–it was co-sponsored by 206 Democrats in the House versus 55 Republicans–and liberal and progressive-minded people are mostly the ones behind groups that generally don't support racing.

I'm going to end this with another verse from “Anti-Matter,” this one from MF DOOM himself, because the last line is an apt warning:

Yeah, It's neither here nor there, black
Warfare in your ear, clack-clack-clack-clack-clack
What's that? You're hearing things! Tat-tat-tat-tat-tat
Be wearing your thinking hat

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

 

The post Taking Stock: Misbranding Case Doomed By Fed Error appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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