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After Judge Denies Motion To Dismiss, Navarro Expected To Change Not Guilty Plea

Trainer Jorge Navarro will likely become the latest in a string of federal defendants changing his not guilty plea, according to documents filed late Friday in an ongoing illegal drugs case. A change of plea hearing for Navarro is set for Aug. 11 before U.S. District Judge Mary Kay Vyskocil. Navarro is charged with two felony counts of drug adulteration and misbranding related to what prosecutors say is a complex ring of veterinarians, drug makers, and suppliers who worked together to manufacture, sell, distribute and use illegal medications to dope racehorses.

The federal case file does not indicate whether Navarro will change his plea in one or both counts.

Also on July 30, Vyskocil filed an order denying a series of motions from Navarro and other defendants to dismiss the charges against them. Several defendants had argued that they could not be charged under federal drug misbranding laws, in part because they did not commit those violations and in part because prosecutors could not identify legitimate victims of their alleged crimes.

Vyskocil asserted in her order that prosecutors were accusing the defendants of a conspiracy to commit violations of the Federal Food, Drug, and Cosmetic Act and that the alleged failure to identify specific and relevant victims of the crimes at hand does not constitute a valid reason to dismiss the case. Prosecutors have depicted the FDA and Customs and Border Protection as victims of the crimes, along with state racing regulators, since the misbranding and use of the drugs were designed to deceive and evade those agencies. Vyskocil stated those were appropriate and proper victims of the crimes alleged.

Some defendants had also tried to have the case dismissed on the grounds that the Horseracing Integrity land Safety Act (HISA) would soon supersede the authority of the FDA in horse racing under the Food, Drug and Cosmetic Act. Vyskocil also did not find that argument compelling, pointing out that HISA has not yet been enacted (it's scheduled to go into effect on or before July 2022) and that legal precedent cautions against the assumption that one new law will automatically alter authorities granted by a previous law. Besides, Vyskocil pointed out, HISA is not concerned with the misbranding of drugs, but rather the use of drugs in horse racing. The former is the basis for the federal charges against Navarro and his co-defendants.

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On July 23, federal defendant Michael Kegley altered his plea to guilty in the case, admitting he marketed and sold adulterated substances to trainers and veterinarians, knowing there was no valid prescription for them and that they were not made in a FDA-approved facility. Earlier this week, a change of plea hearing also appeared on the docket for Dr. Kristian Rhein, who was alleged to help distribute SGF-1000, one of the drugs marketed by Kegley.

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Alan Leavitt Removed From Kentucky Horse Racing Commission Over Sexual Harrassment Allegations

Harness Racing Hall of Famer Alan Leavitt has been removed from the Kentucky Horse Racing Commission over allegations of sexual harassment, according to the Lexington Herald-Leader. The 85-year-old was removed via an executive order from Gov. Andy Beshear issued on July 16.

Amy Cubbage, Beshear's general counsel, told the Herald-Leader: “There is a standard of conduct and his actions clearly violate those standards and necessitated removal.”

Cubbage cited “unwanted and unacceptable statements and conduct” by Leavitt toward an employee of the commission.

Benjamin Long, general counsel of the state Public Protection Cabinet, sent Leavitt “at least” three emails directing him to cease communications with the employee, and directing him to view a sexual harassment training video. Commission chairman Jonathan Rabinowitz also called Leavitt and told him to cease contacting the employee. Leavitt did not complete the training, and claimed ignorance of the communication directives when speaking to the employee in person.

Leavitt shared his emails to the commission employee with the Herald-Leader, and claims the harassment allegations stem “from my stand against the actions the commission is taking re the new horseman's organization.

“I have also objected to being shunted aside as the chairman of the sire stakes advisory committee. Those are the real reasons you are cooking up these phony charges. If you want to go further with this harassment, then I suggest we all sit down with Gov. Beshear and let him hear about all this.”

Leavitt said he was “happy to drop this whole matter here and now if you are, but I'm not taking any training course in avoiding sexual harassment. As a graduate of Andover and Harvard, I am well aware of what it is, and I would be going against every moral precept I learned there if I were to ever engage in something so vile.”

Leavitt is the president of the Kentucky Standardbred Breeders Association and of Walnut Hall Ltd.

Read more at the Lexington Herald-Leader.

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Pacific Classic Purse Returns To $1 Million; Del Mar Derby Boosted To $250,000

Building on its pre-meet enhancements and the sparkling success of its current racing season, Del Mar Thoroughbred Club today announced a pair of major increases to key stakes races on its 2021 schedule.

The Grade 1 TVG Pacific Classic, the shore track's centerpiece since it was introduced in 1991, has been raised back to its original level of $1,000,000 for its Aug. 21 renewal. Additionally, the track's conclusion to its 3-year-old grass series – the Grade 2 Del Mar Derby slated for September 4 – has had its purse increased to $250,000 for its 77th edition.

The TVG Pacific Classic was scheduled to be presented this year for the 31st time with a purse of $750,000, which was an increase from its COVID-affected 2020 running when the mile and one quarter was dropped to $500,000. The Del Mar Derby ran with a $200,000 purse in 2020 and was designated to do so again this year prior to this current boost for the nine-furlong turf test.

Both raises put the races on equal footing with their 2019 levels. Prior to the meet, Del Mar had increased the values of virtually all of its other stakes from 2020 to equivalent – or in some cases higher – purse standards than the ones that existed in 2019.

“We had fairly aggressive projections going into the meet and I'm pleased to say our business has exceeded those numbers,” said Tom Robbins, a Del Mar executive vice president and its director of racing and industry relations. “We are thrilled to restore our signature race back to its $1 million level, where it had been and certainly belongs.”

Since 2010, Del Mar has joined with its broadcast partner TVG to augment the TVG Pacific Classic and keep it at the forefront of major races nationally.

“We have a spectacular partnership with Del Mar and the TOC and our team at TVG is very excited that our sponsorship of the Pacific Classic is one of the reasons for this purse increase,” said Kevin Grigsby, SVP and executive producer of TVG & FanDuel. “Over the last decade TVG has become one of the largest sponsors of horse racing in the U.S. Along with our investments in distribution and technology, it is part of our commitment to reinvest in the sport.”

The track always works in accord with the Thoroughbred Owners of California in setting and maintaining both its stakes schedule and its overall purse structure. Their chairman of the board, Gary Fenton, addressed the stakes purse increases:

“Thanks to our members, horsemen and horsewomen and the hard work from DMTC we're off to a tremendous start. With added purse account funds we felt returning all stakes, such as Del Mar's signature race, back to their pre-COVID purse levels was appropriate. The momentum of continued purse increases in 2021 with hopefully more to come in 2022 is a great sign of the health of Southern California racing.”

The TVG Pacific Classic is a “Win and You're In” race entitling its champion a guaranteed spot in this year's $6 million Breeders' Cup Classic, a race that will be run at a mile and a quarter at Del Mar on Saturday, Nov. 6.

The Del Mar Derby follows the Oceanside Stakes and the Grade 3 La Jolla Stakes to make up the longstanding trio of turf test for soph runners at the seaside oval. The La Jolla will be run on Sunday, August 8.

Del Mar's 82nd season will continue to race on a Thursday-to-Sunday schedule through to its closing day, Labor Day Monday, Sept. 6.

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Jockeys-Versus-Horsemen Charity Basketball Game Returns To Saratoga On Sept. 1

The 13th annual jockeys-versus-horsemen charity basketball game, which benefits the programs of the New York Race Track Chaplaincy, will be played Wednesday, September 1, 2021 at the Saratoga Springs Recreation Center at 6:30 p.m.

The game, which was not able to be played last year due to the COVID-19 pandemic, is one of the most popular events on the Saratoga social calendar and it routinely attracts more than 300 fans. Admission is free.

The jockey team will again be coached by Hall of Fame jockey Ángel Cordero Jr., with trainer Todd Pletcher and agent Kiaran McLaughlin coaching the horsemen team. Mitch Levites of the NYRA television department will serve as the announcer and provide lively commentary.

Proceeds from this event serve to benefit signature programs of the NY Race Track Chaplaincy.

“We are delighted to be able to play the game this year,” said Humberto Chavez, the New York Chaplaincy lead chaplain and executive director. “This is a cherished tradition, and everyone really missed it last year. The funds go to support the backstretch community and Saratogians are great supporters of those who take care of the horses behind the scenes.”

Fans will be able to participate in raffles and one lucky fan will leave with a custom, autographed bobblehead of champion jockey Irad Ortiz Jr.

The NY Race Track Chaplaincy provides the backstretch community with children's enrichment, social service, and recreational programs, as well as educational opportunities, and non-denominational religious services.

Horsemen, individuals, or organizations who would like to sponsor the game may do so via the NY Chaplaincy website at www.rtcany.org or by contacting Eleanor Poppe at info@rtcany.org or 516-428-5267.

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