Judge Dismisses Motions To Suppress Wiretap Evidence In Federal Case, First Trial Date Set

Evidence gathered by the FBI, including wiretaps, may be used at trial against the trainers, veterinarians, and others charged with federal drug adulteration and misbranding. U.S. District Court Judge Mary Kay Vsykocil made the ruling at an in-person hearing conducted Nov. 4. The judge has not yet filed a full legal opinion detailing her reasoning for denying the motions, which alleged the FBI had attained the wiretaps using misleading information on its application.

Several defendants, including trainer Jason Servis, had filed their own motions to suppress or joined together on existing motions. Motions from Jordan Fishman, Marcos Zulueta, and Christopher Oakes had been withdrawn when those defendants entered guilty pleas in recent weeks.

Judge Vyskocil also moved forward with trial scheduling. Attorneys had already agreed that the remaining defendants would be clustered in three groupings for trial purposes, according to who seemed to have worked together in the relevant, alleged criminal activities. The first group will consist of Dr. Seth Fishman, who is accused of making a number of performance-enhancing substances, and Lisa Giannelli, who is accused of helping to distribute those products. An order from the judge entered Nov. 4 stated the first trial is expected to begin on or about Jan. 19, 2022.

Defendants in the second group could see a trial toward the latter part of the first quarter of 2022, though a date range was not included in the Nov. 4 order. That grouping includes Rick Dane Jr. and Dr. Rebecca Linke.

The remaining defendants include Dr. Erica Garcia, Jason Servis, Michael Tannuzzo, and Dr. Alex Chan. Prosecutors have expressed a desire to try those four defendants together, although the judge left the door open this week that she may hear severance motions if any of the defendants move to be tried separately.

The next status conference in the case is scheduled for Jan. 13, 2022.

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NYRA Releases Winter Stakes Schedule For Aqueduct

The New York Racing Association, Inc. (NYRA) today announced the stakes schedule for the 2021-22 winter meet at Aqueduct Racetrack.

With 46 stakes races on offer worth nearly $6 million in purses, the 56-day winter meet begins Thursday, Dec. 9 and runs through Sunday, March 27. Live racing will generally be conducted Thursday through Sunday through the end of February with a holiday break set for Dec. 20 – 29 and the addition of a special Presidents' Day card on Monday, Feb. 21. March will then feature a Friday-Sunday schedule of live racing through the conclusion of the winter meet on March 27.

As previously announced, and in accordance with New York City requirements, fans seeking to enter Aqueduct Racetrack must demonstrate proof of COVID-19 vaccination. Originally closed to the public during the height of the COVID-19 emergency in March of 2020, Aqueduct then became the site of a New York State mass vaccination center in January 2021. It will re-open to the public on Thursday, Nov. 11, Opening Day of the 18-day 2021 Aqueduct fall meet, which runs through Sunday, Dec. 5.

The Aqueduct winter meet stakes action commences on Saturday, Dec. 11 with the $100,000 Garland of Roses for fillies and mares, 3-years-old and up headed six furlongs on the main track. The 2021 NYRA stakes program draws to a close with the $100,000 Bay Ridge on December 30 for New York-bred fillies and mares 3-years-old and up and the $100,000 Alex M. Robb on Dec. 31 for New York-breds 3-years-old and up.

January racing will open on New Year's Day with the one-mile $150,000 Jerome, the first of three Kentucky Derby prep races at the Big A winter meet. The Jerome will offer 10-4-2-1 qualifying points to the top-four finishers.

The nine-furlong $100,000 Busanda for sophomore fillies on January 23 will provide 10-4-2-1 Kentucky Oaks qualifying points to the top four finishers. The winter meet graded stakes calendar will open with the Grade 3, $150,000 Toboggan, a seven-furlong sprint for older horses on Jan. 29.

New York's road to the Kentucky Derby continues at the Big A winter meet with the nine-furlong Grade 3, $250,000 Withers on Feb. 5, offering 10-4-2-1 Kentucky Derby qualifying points to the top four finishers.

The Monday, Feb. 21 Presidents' Day card will be highlighted by the $100,000 Maddie May for New York-bred 3-year-old fillies going one mile. There will be no live racing on Thursday, Feb. 17 to accommodate the Presidents' Day card.

A total of 12 racing cards are set for March, featuring eight stakes' days, including two graded events. The centerpiece of the March racing calendar is the one-mile Grade 3, $300,000 Gotham on March 5, which provides 50-20-10-5 Kentucky Derby qualifying points to the top four finishers. The Gotham Day card includes the Grade 3, $200,000 Tom Fool Handicap for 4-year-olds and up going six furlongs; the $250,000 Busher Invitational for 3-year-old fillies offering 50-20-10-5 Kentucky Oaks qualifying points to the top-four finishers; and the $125,000 Stymie for 4-year-olds and up.

The final weekend of the winter meet will feature a 10-stakes card on New York Claiming Championship Day, Saturday, March 26 and the $100,000 East View on Sunday, March 27.

Admission to Aqueduct, which will be open to the public on live race days only, is free of charge. The gates will open daily at 11 a.m. First post during the Aqueduct fall and winter meets is 12:30 p.m.

Fans visiting Aqueduct should use the Clubhouse Entrance to provide the required proof of vaccination. Preferred parking will be $10 daily in the Clubhouse lot and general parking with be in the Conduit lot. All parking fees must be paid via credit card.

For the complete winter meet stakes schedule, visit https://www.nyra.com/aqueduct/racing/stakes-schedule/

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Ninth Thoroughbred Owner Conference Panel Focused On Breeding To Win

The ninth panel in the online Thoroughbred Owner Conference series held Tuesday, Nov. 2, featured a panel devoted to breeding Thoroughbreds who discussed the research and factors they consider when making breeding decisions. The conference series is hosted by The Jockey Club and the Thoroughbred Owners and Breeders Association and presented by Bessemer Trust, Dean Dorton Equine, Stoll Keenon Ogden, and Stonestreet Farm.

Moderated by Carolyn Conley, “Breeding to Win” featured owners/breeders Madeline Auerbach, chairperson of CARMA (California Retirement Management Account) and a member of The Jockey Club, and David O'Farrell, manager of Ocala Stud and vice chairman of the Thoroughbred Owners and Breeders Association. Also on the panel was Dr. Barbara Murphy, head of Equine Science at University College Dublin, who specializes in equine reproduction and developed the Equilume Light Mask, which has become a useful breeding tool within the Thoroughbred industry. The session was sponsored by Centennial Farms and Equilume.

To start the discussion, Murphy explained the thought and science behind the Equilume Light Mask and how light, specifically blue wavelengths, affects reproductive and growth hormones.

“If you provide lighting to the pregnant mare early in the year, you also have an improvement on her breeding efficiency in that she will cycle back sooner after she foals and she will foal closer to her due date,” Murphy said. “By giving the mare light, she turns on growth hormones, which stimulates the foal to develop at the normal pace.”

Auerbach and O'Farrell spoke about the differences in breeding to race and breeding to sell, the importance of selecting your breeding stock, and ensuring your horses are in the right hands.

“It's the most wonderful thing in the world to see a horse you bred win a race,” Auerbach. “But be careful, make sure you know what you are doing, and, once again, get as much advice as you can, but remember it's your decision and the buck stops with you and starts with you.”

“It's easier to breed to race than it is to breed to sell because racing you can breed to horses and get runners, but they might get ugly horses,” O'Farrell said. “You can't sell ugly horses.”

When discussing conformation, O'Farrell stated that it is very important but is not everything.

“For the most part, I think we just have to understand what physical qualities your mare has and what they are lacking and what the stallions may have and what they are lacking and try to be sensible about it,” he said. “You can't be too nitpicky. You have to consider all things including conformation, but I don't think it's everything.”

Talking about the importance of choosing a stallion, Auerbach noted: “It is just as important to study your mares, study her origins, and then start thinking about stallions. Don't put all of your eggs in one basket.”

“I would agree with that,” O'Farrell said. “Put a lot of effort into understanding your mare and what she's capable of.”

Before the Q&A session, the panel touched on the importance of aftercare.

“Everybody in the supply line, the people that buy them, the people that race them, everyone as a hand in making sure that they contribute to aftercare,” Auerbach said. “Everyone has a hand in pitching in and being responsible so that these horses, when they get out of racing, that there is a place for them, that there is somewhere that they can go and live out their lives.”

The next and final session of the series will focus on aftercare and is scheduled for Tuesday, Dec. 7, at 2 p.m. ET. It is sponsored by Canterbury Park and Gainesway Farm.

All sessions will be recorded and made available to registered guests. There is no registration fee for the live or recorded virtual conference series, but registration is required. Registration information and schedules are available at ownerview.com/event/conference or by contacting Gary Falter at gfalter@jockeyclub.com.

OwnerView is a joint effort spearheaded by The Jockey Club and the Thoroughbred Owners and Breeders Association to encourage ownership of Thoroughbreds and provide accurate information on aspects of ownership such as trainers, public racing syndicates, the process of purchasing and owning a Thoroughbred, racehorse retirement, and owner licensing.

The need for a central resource to encourage Thoroughbred ownership was identified in the comprehensive economic study of the sport that was commissioned by The Jockey Club and conducted by McKinsey & Company in 2011. The OwnerView site was launched in May 2012.

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Barr Introduces Legislation To Make Racehorse Tax Depreciation Schedule Permanent

U.S. Congressman Andy Barr (KY-06) reintroduced legislation to incentivize investment in Kentucky's signature equine industry.  The Equine Tax Fairness Act would make the three-year depreciation schedule permanent for racehorses, regardless of their age when put into service. Currently, Congress must reauthorize this provision in the tax law on an annual basis.

Additionally, this legislation would reduce the holding period for equine assets to be considered long term capital gains, putting them on a level playing field with other similar assets. Congressman Barr's bill is endorsed by the National Thoroughbred Racing Association (NTRA), the Kentucky Thoroughbred Association, the Jockey Club, the Thoroughbred Owners and Breeders Association, Keeneland, and the American Horse Council.

“Permanently delivering tax incentives for owners and breeders will strengthen investment in our signature equine industry,” said Congressman Barr, who serves as Co-Chair of the Congressional Horse Caucus. “I want to continue the momentum started with the enactment of the Horseracing Integrity and Safety Act to push another key industry initiative across the finish line that will help solidify the sport for decades to come.”

“The three-year depreciation of racehorses (similar to other investment assets) is critically important to encourage robust investment in Thoroughbred horses and to maintain the vibrant economy and trade we have seen throughout this Thoroughbred sales cycle and consistently over the past 85 years at Keeneland,” said Shannon Arvin, President and CEO of Keeneland.  “We appreciate Congressman Barr's consistent support of this legislation and the entire Thoroughbred industry.”

“Congressman Barr understands the horse racing industry and appreciates the impact this bill would have on attracting and maintaining ownership in racehorses,” said Alex Waldrop, President and CEO of NTRA. “We thank him for introducing the Equine Fairness Act and for helping support an industry that is a job-creating economic engine for his home state of Kentucky and for other states.  Both provisions offer a level of tax fairness and flexibility that racehorse owners seek when determining their level of investment.  This bill simply is good for business.”

“The Jockey Club wholeheartedly supports the Equine Tax Fairness Act, introduced by Congressman Barr,” said James Gagliano, President of the Jockey Club. “This bill will put horse ownership on par with other investment assets.  The three-year depreciation schedule accurately reflects the typical career of a racehorse since nearly three-quarters of foals that race have a career of four years or less. This change has been enacted by Congress on a temporary, year-to-year basis since 2008, and needs to be permanent law.”

You can read the Jockey Club's full statement on the bill here.

“The Kentucky Thoroughbred Association endorses the Equine Tax Fairness Act, and is very grateful to Congressman Andy Barr for introducing it.  Kentucky breeders produce foals that become racehorses in 38 states, and the 3-year depreciation encourages racehorse ownership which we know supports 241,000 direct racing sector jobs nationwide as well as the 60,000 direct, indirect and induced jobs in the Commonwealth of Kentucky,” said Chauncey Morris, Executive Director of the Kentucky Thoroughbred Association.

“The Thoroughbred Owners and Breeders Association fully endorses Congressman Barr's bill to reward investment in our great sport,” said Dan Metzger, President of the Thoroughbred Owners and Breeders Association.  “We thank him for his consistent support for owners and breeders and the Thoroughbred horse racing industry as a whole.”

“The American Horse Council is pleased to endorse Rep Barr's Equine Tax Bill, which will help ensure growth and investment in the $122 billion equine industry,” said Julie Broadway, President American Horse Council.

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