Kentucky Court Denies Baffert’s Bid For A Stay Of Suspension; Trainer Could Begin Serving On April 4

Hall of Fame trainer Bob Baffert has been dealt a blow in the ongoing legal battle surrounding Medina Spirit's betamethasone overage after the 2021 Kentucky Derby. Franklin County Circuit Court Judge Thomas Wingate issued a ruling on March 21 siding with the Kentucky Horse Racing Commission (KHRC) and denying Baffert's bid to overturn the commission's refusal to issue a stay of his suspension.

In many cases, trainers request and are granted a stay of suspension if they're in the process of appealing a stewards' ruling. Baffert requested and was denied a stay by the KHRC.

As with most court actions at the local level, Wingate's decision may be appealed. According to Wingate's ruling, Baffert has until April 4 to receive relief from the Kentucky Court of Appeals. If he does not receive it by that point, he will have to begin serving his suspension on that date.

The suspension will be reciprocated by other states, and per California regulation, will require Baffert to remove his signage and equipment from his barns at his home base at Santa Anita Park and send horses to be conditioned by someone other than his assistant training staff.

At arguments before Wingate on March 17, Baffert's attorney W. Craig Robertson argued that a 90-day suspension would end his client's career, and pointed out that it was rare for the KHRC to deny a licensee a stay when it was requested. KHRC executive director Marc Guilfoil had made the initial decision to deny the stay, which was upheld by a unanimous vote from the commission. At the March 17 hearing, Guilfoil explained that Baffert's recent history of therapeutic medication positives, combined with his shifting public statements and explanations for these overages, led him to conclude that staying the suspension could cause harm to the betting public, Baffert's competitors, and the perception of integrity within the sport.

This is a developing story and will be updated. 

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State Audit Finds NYRA Does Not Have Adequate Monitoring, Oversight Over Its Purchasing Processes

An audit conducted by the office of the New York State Comptroller Thomas P. DiNapoli, the results of which were released on March 16, has found that the New York Racing Association (NYRA) does not have adequate monitoring and oversight over its purchasing and procurement process; consequently, sufficient competition is not fully promoted, and overspending may have occurred.

In addition, a deviation between NYRA's procurement practices and the requirements in its Purchasing Policy and Procedures Manual (Manual) allowed a NYRA employee to select his company to do business with NYRA and receive payments totaling almost $200,000.

The audit, directed by Kenrick Sifontes, covered the period from January of 2018 through December of 2020, with expenditures of over $250 million for goods and services. According to Section 208 of the Racing, Pari-Mutuel Wagering and Breeding Law, all contracts entered into by NYRA for the procurement of goods or services are required to be pursuant to a competitive bidding purchasing policy approved by the New York State Franchise Oversight Board (FOB).

NYRA's Manual, approved by the FOB in 2010, specifically states: “Company employees who are entrusted to purchase goods and services are expected to spend the Company's money in a prudent manner.”

Specifically, the audit found that NYRA made a significant number of purchases without competitive bidding, instead using Bid Exception Memos (BEMs) for purchases using single or sole source exceptions. Documentation to justify NYRA's use of BEMs and the circumvention of competitive bidding was generally very limited.

Contrary to Manual requirements, over 15,000 transactions under $1,000 each, totaling approximately $4.79 million, were made to purchase goods or services from suppliers outside of the approved vendor list without the Purchasing Department questioning why the approved vendors could not supply the goods or services.

NYRA could not provide copies of change orders to support the payment of $787,517 to a construction contractor. As a result, the comptroller's office could not determine whether the additional payments were justified.

The comptroller's office also found weaknesses in NYRA's purchasing system and processes, a lack of segregation of duties, and a lack of risk assessment and analysis.

Four recommendations followed the results of the comptroller's audit:

  1. Strengthen the integrity of the purchasing and procurement process by updating the Manual and obtaining FOB approval, and adhere to the approved policy when procuring goods and services.
  2. Monitor purchases and analyze historical purchasing data to identify categories of items that, in the aggregate, are budgeted for greater than $50,000 and obtain competitive bids.
  3. Conduct periodic risk assessments of procurement operations to identify vulnerabilities and take action to address, as necessary.
  4. Conduct periodic audits of NYRA's purchasing and procurement process.

The full audit results are available here.

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Oaklawn: Rosario, Geroux Each Handed One-Day Suspension For Careless Riding

The Arkansas Racing Commission handed out a pair of one-day suspensions for careless riding to jockeys Florent Geroux and Joel Rosario this weekend, according to rulings posted on the Association of Racing Commissioners International's online database.

Rosario's suspension stems from his ride aboard Mean Jakey in the ninth race on March 13, 2022. The Steve Asmussen trainee finished third, and was moved up via disqualification to second.

The Equibase chart states that Mean Jakey came in to bump another rival shortly after the start, then was steered out around the far turn and bothered a second rival. The disqualification stemmed from a third rival bothering Mean Jakey in the late stretch.

Rosario's scheduled suspension date is March 24.

Geroux's suspension stems from his ride aboard Wells Bayou in the eighth race on March 13, 2022. Trained by Brad Cox, the graded stakes-winning 5-year-old finished third in his second start off a 10-month layoff.

The Equibase chart states that Wells Bayou “showed the way into and through the first turn in the two-path, dueled the middle half while closest to the inside, began to weaken late in the final turn, managed to save the show.” The race replay suggests Geroux's suspension may have stemmed from a move early in the race, in which he have cut to the rail a bit early after the start, forcing another rider to check sharply.

Geroux's scheduled suspension date is March 31.

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Saratoga: Season Tickets For Reserved Seats On Sale Beginning March 23

Thoroughbred racing fans will have the opportunity to purchase season tickets to Saratoga Race Course for the 2022 summer meet beginning Wednesday, March 23. Today's announcement is significant in marking a return to the traditional sales cycle and the first time in three years that visitors can plan ahead for the upcoming Saratoga racing meet. The previous two summers included the inability of fans to attend in 2020 and an expedited sales calendar in 2021.

Full-season ticket plans, which include admission and reserved seats for the entire 40-day meet, will be available for purchase online through NYRA.com. Fans can access the Saratoga Virtual Venue seating map to digitally preview their seat location and sightlines before purchasing their season tickets which come bundled with admission.

Highlighted by the 153rd renewal of the Grade 1, $1.25 million Runhappy Travers on August 27 and the Grade 1, $1 million Whitney on August 6, the 2022 summer meet will open on Thursday, July 14, and continue through Monday, September 5. Following the four-day opening weekend, racing will be conducted five days a week, Wednesdays through Sundays, apart from the final week, when the meet will conclude on Labor Day.

“As we celebrate the official start of spring and look forward to the opening of the historic Oklahoma training track in mid-April, we are excited to launch sales for season tickets and season admission passes for the 2022 Saratoga meet,” said NYRA Vice President, Sales and Hospitality, Kevin Quinn. “This announcement marks a return to our traditional on-sale date for season tickets and is certainly meaningful in representing a return to pre-pandemic normalcy. We hope our fans are as excited as we are to once again be able to plan well in advance to attend Saratoga this summer.”

Season admission passes, which include entry to the track for all 40 days but not reserved seats, will go on sale Friday, April 1. Season passes for the grandstand will be available for $60 (daily grandstand admission is $7). Clubhouse season passes are available for $85 (daily clubhouse admission is $10).

Season passes provide enormous value to fans who regularly attend the races. A 2022 season pass will pay for itself in nine visits to Saratoga Race Course during the 40-day summer meet. In addition, a season pass includes Runhappy Travers Day, which would otherwise cost $20 for advance grandstand admission.

NYRA tracks are the cornerstone of New York State's horse racing industry, which is responsible for 19,000 jobs and more than $3 billion in annual economic impact. As a not-for-profit corporation, NYRA has continuously enhanced the quality of thoroughbred racing in New York while completing important capital improvement projects to improve the fan experience, modernize facilities and grow the sport.

Current and recent upgrades include this year's introduction of the all-new Paddock Suite and newly renovated Post Bar; last year's addition of the Stella Artois Spa Verandas and Tailgate at the Turn; the opening of the 1863 Club in 2019 and the Cutwater Stretch in 2018; and the addition over the last several years of hundreds of free picnic tables throughout the backyard.

At Saratoga Race Course, these investments have yielded consistent and sustained results, and further cemented the reputation of the Saratoga summer meet as the finest in the world. Excluding 2020 when fans were not permitted due to the COVID-19 pandemic, 2021 marked the sixth consecutive season of more than 1 million in paid attendance at Saratoga Race Course. Average daily attendance during the 40-day meet was 26,162.

Fans who are interested in booking full group spaces for their outing to Saratoga Race Course this summer may now do so for the following hospitality areas: Paddock Suite; Stella Artois Spa Verandas; 1863 Club, including The Rail, Resorts World Legends Hall, and Luxury Suites; Big Red Spring Tent and the Festival Tent.

Partial space reservations will be accepted beginning Thursday, March 24.

Group reservations may be made by phone at 844-NYRA-TIX, email at boxoffice@nyrainc.com or online at NYRA.com/Saratoga.

For more information about Saratoga Race Course, visit www.NYRA.com/Saratoga.

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