Potential New Buyer Of Turf Paradise Emerges, Sets Lofty Goal; OTBs To Remain Open Through Nov. 12

Turf Paradise isn't dead yet, and neither are the dozens of off-track betting sites throughout Arizona that were set to close on Oct. 1 when a contract between the Phoenix racetrack and the Arizona Horsemen's Benevolent and Protective Association expires.

In a span of less than 24 hours, the Arizona HBPA said it had extended the agreement with Turf Paradise that would permit the OTBs to continue operating until Nov. 12, and a mystery buyer stepped forward to say he was going to buy the 213-acre racetrack, continue live racing, and save 5,000 horse industry jobs while aiming to make it a Top 10 facility in the country.

The two developments are related. The HBPA board extended its OTB contract with track owner Jerry Simms on Wednesday after meeting with Frank Nickens, who said he is prepared to enter into a contract with a partner, Richard Moore, to purchase the track and its OTB licenses for an undisclosed price. If the deal goes through, the new owners plan to begin racing in January 2024.

Nickens, a 57-year-old Louisiana native, said he learned a week earlier that Turf Paradise was closing after a deal to sell the property to CT Realty and partners fell through and Simms announced that he was going to retire and end live racing, effective immediately.

Nickens, a Scottsdale resident who said he has overseen development of  major industrial projects and gold mining, told the Paulick Report he visited one of the OTBs around 10 a.m. Sept. 20 and talked with an employee about the situation, learning about the jobs that will be eliminated along with the history of the 67-year-old facility.

“I took an interest in it,” said Nickens, adding, “I have access to money from the standpoint that we are involved in large volume trading platforms with gold mining and so forth.”

Nickens did some online research and called Turf Paradise, eventually getting through to Simms around 2 p.m. that afternoon.

“At the end of our conversation, verbally we had an idea of a deal that we could make,” Nickens said. “I saw an opportunity to save these jobs. Preserve the history, save the jobs, and make something that becomes one of the best facilities in the country.”

Nickens said he and Moore intend to spend upwards of $50 million for a “redevelopment” of the track that could include a hotel, restaurants and businesses that “benefit the horse industry,” specifically mentioning RV and trailer sales and services. “If we can become a Top 10 facility and be the best thing for 500 miles, obviously we'll do nothing but go up. It's going to take some time.”

Leroy Gessman, executive director of the Arizona HBPA, told Steve Byk on his At the Races radio show Thursday morning, “It's a crazy story and I'm still a little suspicious of everything.”

Nickens and Moore were named as the potential Turf Paradise buyers during a Thursday morning virtual meeting of the Arizona Racing Commission, though neither appeared. Instead, Vincent Francia, general manager of Turf Paradise, read a letter signed by Moore as CEO of a newly formed LLC, Turf Paradise Land Trust.

“Turf Paradise LLP is working toward the purchase of Turf Paradise race course,” the statement read. “We plan to keep live racing, to bring this facility into a new era — horse racing for the benefit of everyone involved. We feel the preservation of such a wonderfully historical facility and the preservation of thousands of jobs that horse racing offers can carry the legacy of Turf Paradise on for another 50 years. We plan to completely redevelop surrounding land, all for the benefit of horse racing. We look forward to a new bright future for everyone at Turf Paradise.”

“The plan is to open a live race meet in early January and that is what we are all aiming for,” said Francia.

The commission approved simulcasting and ADW contracts tied to Turf Paradise.

David Auther, part owner of financially troubled Arizona Downs in the Prescott Valley, was critical of the commission for approving the contracts before knowing whether or not the sale of Turf Paradise would go through. He wanted revenue from the OTBs diverted to Arizona Downs, which plans to run in 2024 after not opening for live racing this year. Auther also questioned whether the proposed buyers have been “vetted” for fitness to be licensed.

Little is known about or easily accessible online concerning Nickens, who said he grew up “breaking horses, building fences, and baling hay” in a rural part of Louisiana but has never been closely involved with Thoroughbred racing. He said he's learned what he knows about racing from his best friend, a Quarter Horse trainer.

Even less is known about Moore, who Nickens said is a Florida resident involved in the energy industry in nuclear power, oil and gas. As CEO, Moore would hold the Turf Paradise license with state officials, Nickens said. Both will be vetted by state regulatory officials, the commission said.

Simms, who has owned Turf Paradise since 2000, said during the commission meeting he was happy that the prospective buyers want to keep racing going.

“I had several buyers for the track and I chose the buyer who I signed an agreement and moving ahead with because he plans to run racing,” Simms said. “He's very much an enthusiast, wants to have racing, is not interested in putting data centers on the property. He wants racing.

“I want to save the industry, the jobs,” said Simms, who has allowed the track to fall into disrepair in recent years. “I could have even gotten perhaps more money with one of the other buyers, but I decided to make the deal with this buyer because I felt good about everything he said. I did not want to see all those people unemployed.”

 

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Apprentice Axel Concepcion Suspended 30 Days For ‘Extremely Careless’ Riding Which Resulted In Equine Fatality

The Delaware Thoroughbred Racing Commission has suspended apprentice jockey Axel Concepcion for 30 calendar days due to his actions in race seven at Delaware Park on Sept. 21, according to a ruling posted on the Association of Racing Commissioners International website.

Concepcion, 18, was aboard Backwoods Boogie for trainer Mary Eppler in the starter optional claiming race. Concepcion and Backwoods Boogie broke from the far outside stall in the field of 11, scheduled for one mile on the turf course.

The stewards found that Concepcion was “extremely careless in failing to control his mount, Backwoods Boogie, leaving the starting gate, impeding several horses, and causing the horse Trumpence to fall, which resulted in a fatal injury to Trumpence.”

The race was immediately suspended and declared no contest, due to the fallen horse.

Concepcion, a native of Puerto Rico, has ridden 169 winners from 840 starters in 2023, and won the leading rider title at the Laurel Park Spring Meet earlier this year.

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Baffert Sues Social Media Personalities Swift Hitter, Barshoelife For Extortion, Defamation

Trainer Bob Baffert has sued two horseplayers for defamation and extortion in connection with what his attorneys said were damaging social media comments and threats to publish a video one of them said would “end Baffert.”

The suit was filed on Wednesday in U.S. District Court, Southern District of California, by Baffert and Bob Baffert Racing Stables, Inc., against New Jersey residents Justin A. Wunderler and Daniel Dicorcia. Wunderler is known on the X social media platform (formerly Twitter) as @SwiftHitter; Dicorcia posts as @barshoelife. Each is described in the complaint as a “part-time pari-mutuel thoroughbred racing bettor” with a “substantial social media presence.”

The complaint states that over the past two years, following a failed drug test by Medina Spirit after a first-place finish in the Kentucky Derby, Baffert “has been working with industry participants and through the legal process to repair his reputation and standing in the industry.”

Over that same time frame, the complaint alleges, Wunderler and Dicorcia “have engaged in an escalating pattern of unlawful and threatening behavior directed specifically at Baffert and his family. This escalating pattern of outrageous behavior is specifically intended to accrue more followers and personal monetary gain.”

Before the 2023 Belmont Stakes on June 10, the complaint states that Wunderler “specifically asked his followers to bring dangerous objects to hurl at Baffert and his family,” and claimed that Baffert “slaughters horses on national TV.”

A Baffert-trained colt, Havnameltdown, suffered a fatal injury during a national telecast three weeks before the Belmont on Preakness day at Pimlico.

The complaint also said Wunderler and DiCorcia “spearheaded a conspiracy theory alleging that Baffert was scratching his horses because of an adverse reaction” to blood-doping with erythropoietin, or EPO. “Specifically,” the complaint alleges, “Mr. Wunderler accused Baffert of scratching the thoroughbred racehorse 'Muth' because of a 'reaction to EPO. 100 %%%' and claimed at least twice that a 'bad shipment of EPO has hit (Baffert's) barn.'”

“Baffert does not engage in blood doping,” the complaint states, “and public investigations into various racing incidents have repeatedly noted that there is no evidence that Baffert engages in blood doping.”

The extortion allegation, the complaint states, stems from two “videos of unknown content” Wunderler claims to have. He posted on X Sept. 5: “There is a video out there that will end Baffert.”

“Based upon information and belief,” the complaint states, “the alleged videos are deceptively edited to cast Baffert and his staff in a false light with the specific intent of manufacturing a scandal, whereas the full context and character of the video would affirmatively refute such characterization.”

The complaint alleges that Wunderler and Dicorcia engaged in a “conspiracy to extort money from Baffert, sent a text message demanding a sum certain (sic)  of money, with specific payment instructions for wiring money, in exchange for a promise not to release information defendants allege is so damaging that it will end Baffert's career.

“In furtherance of this conspiracy,” the complaint continues, “Mr. Wunderler instructed a third party to deliver that message to Baffert's representatives, and that message was in fact delivered to Baffert when it was forwarded to Baffert's wife.”

Wunderler and Dicorcia's conduct, the complaint states, was “reckless; callously indifferent to Baffert's rights; and motivated by the specific, malicious intent to harm Baffert, his family, his business, and his reputation; entitling Baffert to punitive damages in excess of this court's jurisdictional minimum.”

Defamation allegations include online comments that Baffert blood-doped Medina Spirit and that Triple Crown winner Justify was “juiced.”

The complaint states that “collectively, and as of Sept. 8, 2023, defendants' statements have been viewed hundreds of thousands of times on social media platforms.”

Baffert is seeking compensatory damages in excess of $75,000 in addition to punitive damages, along with an order “requiring defendants to produce the video to the Court for the Court's and Plaintiffs' review.”

Baffert is represented by attorney Shepard S. Kopp. Attorney Clark Brewster, who has represented Baffert and Medina Spirit's owner, Amr Zedan, in other cases, has also been retained. Brewster said information contained in the complaint has been turned over to law enforcement officials.

On Wednesday night, Wunderler posted excerpts of the complaint on his X account with multiple comments, including: “Why they scared of videos ? Lol . No one is extorting Baffert and no one is hollywood editing em lol”

After several additional posts, he wrote: “Lawyer is advicing my take a breather stay off X for a little and lets dig in.”

Wunderler is a plaintiff in a class-action lawsuit filed in New Jersey against Baffert by several horseplayers who allege they were “cheated” out of winnings when Medina Spirit won the Kentucky Derby while carrying a prohibited substance in his system on race day. A second, similar lawsuit filed in Kentucky, was dismissed earlier this year.

Read the full complaint here

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HIWU Arbitrator: ‘No Fault Or Negligence’ Thanks To ‘Contamination’ In 76-Year-Old Trainer’s Banned Substance Case

Trainer Dennis VanMeter, a 76-year-old Vietnam veteran, is no longer provisionally suspended by the Horseracing Integrity & Welfare Unit (HIWU), the enforcement arm of the Horseracing Integrity and Safety Authority (HISA), nor does he face a two-year suspension and $25,000 fine, thanks to a final decision issued Sept. 26 by arbitrator Laura Abrahamson.

In the case of an adverse analytical finding for the banned substance isoxsuprine in VanMeter trainee Templement, Abrahamson concluded that “Mr. VanMeter was not at fault and not negligent in preventing isoxsuprine from entering Templement's system.”

The positive test for isoxsuprine was returned after Templement ran sixth in an allowance race at Thistledown on June 7, 2023. According to the arbitrator's final report, Templement shipped in to Thistledown in Ohio for the race from VanMeter's West Virginia base.

However, instead of shipping the horse into the receiving barn, VanMeter opted to send 6-year-old mare Templement to the barn of trainer John Brown, a friend. VanMeter had recently undergone open heart surgery, and Brown's barn is closer to the paddock.

In Brown's barn, Templement was stabled in a stall that had been occupied by Brown's stable pony, “Bucky.” Bucky has a valid prescription for isoxsuprine and had been taking the medication “almost daily for five years,” according to testimony.

VanMeter testified that prior to the June 7 race, he did not know what isoxsuprine was, that Bucky had been taking isoxsuprine, or that Templement could ingest the medication by being stabled in Bucky's stall. VanMeter was also unaware that a horse trained by Brown had tested positive for isoxsuprine on May 31 (Brown was notified on June 27).

The arbitrator's report cited a study by C.S. Russell and S. Maynard, which detailed a case in which a horse was treated with isoxuprine for 10 weeks, but continued to test positive for the medication for an additional 10 weeks after finishing treatment. The study found that multiple samples from the horse's environment tested positive for isoxsuprine: the “paper bedding, scrapings of wood from around the manger, the window and partition wall, cobwebs in the rafters above the manger, the salt lick, and the feed manger itself.”

HIWU's veterinary expert Dr. Mark Papich testified that Templement would have had to consume five to six liters of Bucky's urine to achieve the 471 ng/mL concentration reported by HIWU, which Dr. Papich considered “extremely unlikely.” However, based on the aforementioned study, Dr. Papich testified that Templement would have had to have consumed between 36 and 44 mg of isoxuprine powder residue in the stall to achieve the same concentration.

VanMeter's regular veterinarian, Dr. Shell, testified that Templement is a cribber, prone to nibbling/chewing on the wood in stalls.

“Considering the totality of the evidence, the Arbitrator finds that Mr. VanMeter established by a balance of the probabilities that the source of the isoxsuprine in Templement's system was contamination from Bucky's stall,” the report stated.

The report continues: “In this case, although HIWU criticizes Mr. VanMeter' s failure to ask Mr. Brown if any of his horses were taking isoxsuprine or any Banned Substance, the Arbitrator considers that [VanMeter] did not have any reason to suspect Mr. Brown was giving any of his horses isoxsuprine. […] Even if he had known, [the] Arbitrator finds Mr. VanMeter would still not have had any reason to suspect that Templement could come into contact with and have ingested or absorbed isoxsuprine from contamination in Bucky's stall, which was cleaned before Templement was put into it.”

The arbitrator's “No Fault or Negligence” ruling means that VanMeter will not be subject to either a two-year suspension or $25,000 fine. Templement was disqualified from that sixth-place finish, and remains subject to a period of ineligibility of 60 days, commencing on July 6. However, since that 60-day period has already run its course, so “to be reinstated Templement need only be subject to a Negative Finding from a Re-Entry test administered by HIWU.”

Templement has been entered in a Mountaineer Park allowance race on Oct. 1.

VanMeter has been racing horses at Mountaineer Park since his provisional suspension was enacted on July 7; the West Virginia racetrack does not fall under HISA rules (neither do tracks in Texas or Louisiana, thanks to ongoing legal battles).

Attorney Alan Pincus of Grantville, Pa., represented VanMeter.

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