New York Commission: ‘Magnitude Of Impropriety’ Stands Against Preliminary Injunction For Rice

The New York State Gaming Commission, represented by the office of New York State Attorney General Letitia James, has filed a memorandum of law with the Schenectady County Supreme Court regarding trainer Linda Rice's legal appeal of her three-year suspension.

According to the Thoroughbred Daily News, the July 2 filing argues that “Ms. Rice is not entitled to a preliminary injunction staying enforcement of the commission's determination. Ms. Rice is not likely to succeed on the merits of any of her claims, and the equities weigh in favor of the commission. Accordingly, the motion for a preliminary injunction should be denied.”

Rice had seen her license revoked officially on June 7, two weeks after the NYSGC voted to uphold a hearing officer's recommendation that Rice's license be revoked with the condition she could not reapply for licensure for at least three years. She had also been ordered to pay a fine of $50,000 and was to be denied all access to New York gaming commission-sanctioned properties.

The County of Schenectady Supreme Court granted a temporary restraining order two days after the New York State Gaming Commission issued the order to revoke her training license, allowing Rice to resume training in New York until her legal appeal is played out in the court system.

Rice is accused of receiving information from the racing office about which horses were entered in which races prior to the official close of entries. The alleged information exchange took place over a period of 2011 and 2014, and the commission first brought a complaint against Rice in 2019. A series of hearing dates took place in late 2020, during which the commission and Rice's attorney presented information to a hearing officer along with numerous volumes of data and interview transcripts.

The July 2 filing states:

“Ms. Rice moves for a preliminary injunction staying enforcement of the commission's penalty for her misconduct. The motion for a preliminary injunction must be denied because Ms. Rice has not shown a likelihood of success on the merits or that the equities weigh in favor of preliminary injunctive relief…

“Because Ms. Rice failed to show a likelihood of success on the merits, the Court need not address the remaining elements. Nevertheless, Ms. Rice also failed to demonstrate that the equities weigh in her favor. Rather, the equities weigh against the granting of a preliminary injunction because of the magnitude of impropriety at issue.”

Read more at the Thoroughbred Daily News.

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Same Rules, New Lab: Maryland’s Leading Trainer Gonzalez Notified Of Two Dexamethasone Positives

Claudio Gonzalez, Maryland's leading trainer for the last four years, scratched all six of his runners entered to race on Sunday, July 4, at Pimlico racetrack in Baltimore, Md., after being notified of two positive tests for the corticosteroid dexamethasone.

Gonzalez said he learned of the positive tests on Saturday, July 3. That night, the Maryland Thoroughbred Horsemen's Association issued the following advisory to trainers:

“Horsemen are advised of the following regarding the use of dexamethasone, a commonly used corticosteroid with anti-inflammatory properties.

“Dexamethasone has a 72-HOUR withdrawal guideline for intramuscular and intravenous administration of dexamethasone sodium phosphate or oral administration of dexamethasone. The dosing specification is 0.05 milligrams per kilogram regardless of the route of administration.

“Under the Association of Racing Commissioners International Uniform Classification Guidelines and Recommended Penalties Model Rules, dexamethasone is a Class 4 substance in the Class C penalty category. In Maryland, a first offense carries a minimum fine of $1,000 absent mitigating circumstances for a trainer and disqualification of the horse and loss of purse.”

Gonzalez admitted that the veterinarians he employs were giving the anti-inflammatory at 48 hours, but with a lower dose.

“The recommendation is 72 hours and 22 milligrams,” said Gonzalez. (Note:  the .05 milligram per kilogram dosing specification converts to about 22 milligrams for a 1,000-pound horse.) “We go 48 hours and give only 10 (milligrams). We give half at two days. Since 2014, they (the vets) have done the same. They've treated 3,000 horses a year from 2014 and never had one positive in Maryland until now.”

These would be the first medication charges against Gonzalez since he received a warning in 2016 for an overage of the ulcer treatment, omeprazole – the only medication violation on his record at www.thoroughbredrulings.com.

Dexamethasone guidelines in Maryland have not changed recently, according to J. Michael Hopkins, executive director of the Maryland Racing Commission.

What has changed is Maryland's official testing lab. Hopkins said when the contract with Truesdail Laboratories of Irvine, Calif., expired in April 2021, the commission switched to Industrial Laboratories in Wheat Ridge, Colo. No formal announcement or advisory on the change of labs was issued by the commission or Maryland Thoroughbred Horsemen's Association.

“They changed the lab,” said Gonzalez. “It can be a big difference.”

Several states have now dropped Truesdail as their official testing laboratory since a 2015 quality control audit by the Indiana Horse Racing Commission found that seven positive tests were missed over a 26-day period, including two for betamethasone. Indiana switched to Industrial, as did the West Virginia Racing Commission. The Arkansas Racing Commission had its testing shifted to Industrial after Truesdail's accreditation was suspended in April 2020 by the Racing Medication and Testing Consortium. Truesdail  has not sought to re-gain its RMTC accreditation.

Shortly after the switch from Truesdail to Industrial, Hopkins said, an unspecified number of positives for Amicar, an adjunct bleeder medication, were called. The Maryland Thoroughbred Horsemen's Association then issued the following advisory:

“Effective immediately, horsemen are urged to discontinue the use of any and all adjunct bleeder medications for horses in training, including in particular, aminocaproic acid—commonly called Amicar.

“Amicar and several other adjunct bleeder medications were placed on the Prohibited List in 2013 under the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Code and the National Uniform Medication Program. Aminocaproic acid, for example is a Class 4 substance and penalty Class C.

“It is important to understand that these medications cannot be regulated by withdrawal time guidance and/or a testing threshold and their use, no matter how far in advance of a race, may trigger a positive post-race test.

“Any trainer who chooses to continue the use of these medications for training in the future will run the risk of a post-race positive test.”

Hopkins said he couldn't comment on any specifics involving the Amicar or dexamethasone positives because of ongoing investigations.

Gonzalez is leading the current Laurel and Pimlico meeting with 27 wins from 110 starts, more than doubling the number of wins by his closest pursuers. Gonzalez said he plans to ask for a split sample to confirm the findings by Industrial and fight the charges if a formal complaint is filed against him.

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Economic Indicators: Month-To-Month Wagering Numbers Fairly Steady In June

Equibase, LLC released its sixth monthly report of 2021 on Economic Indicators in Thoroughbred Racing on Tuesday, July 6. Due to the COVID-19 pandemic, Equibase has been providing monthly economic indicators advisories. The Advisory is typically disseminated on a quarterly basis to provide key metrics used to measure racing's performance throughout the year.

The total U.S. wagering for June of 2021 was nearly even with that of June 2019, despite a 12.60 percent drop in races held. In addition, June of 2019 had five weekends of racing, while June of 2021 only had four; wagering is typically much higher on weekends than on weekdays.

Comparison to June of 2020, when racing was seriously disrupted by the COVID-19 pandemic, actually shows a slight decline from $998 million in 2020 to $993 million in 2021.

Year-to-date numbers for 2019 versus 2021 show that total wagering has increased by 10.67 percent, while average daily wagering is up 23.79 percent.

The first six months of 2019 showed wagering totals of $5.6 trillion, while the first six months of 2020 brought in wagering of $5.05 trillion. In 2021, the first six months have increased to show wagering totals of $6.2 trillion.

June 2021 vs. June 2020
Indicator June 2021 June 2020 % Change
Wagering on U.S. Races* $993,147,243 $998,331,984 -0.52%
U.S. Purses $103,624,634 $69,469,595 +49.17%
U.S. Race Days 437 300 +45.67%
U.S. Races 3,413 2,485 +37.34%
U.S. Starts 23,870 20,146 +18.49%
Average Field Size 6.99 8.11 -13.73%
Average Wagering Per Race Day $2,272,648 $3,327,773 -31.71%
Average Purses Per Race Day $237,127 $231,565 +2.40%
2nd QTR 2021 vs. 2nd QTR 2020
Indicator 2nd QTR 2021 2nd QTR 2020 % Change
Wagering on U.S. Races* $3,511,798,209 $2,545,997,500 +37.93%
U.S. Purses $299,952,725 $118,940,997 +152.19%
U.S. Race Days 1,115 508 +119.49%
U.S. Races 9,090 4,290 +111.89%
U.S. Starts 65,092 36,101 +80.31%
Average Field Size 7.16 8.42 -14.91%
Average Wagering Per Race Day $3,149,595 $5,011,806 -37.16%
Average Purses Per Race Day $269,016 $234,136 +14.90%
YTD 2021 vs. YTD 2020
Indicator YTD 2021 YTD 2020 % Change
Wagering on U.S. Races* $6,277,894,486 $5,054,526,907 +24.20%
U.S. Purses $514,950,882 $324,168,648 +58.85%
U.S. Race Days 1,881 1,301 +44.58%
U.S. Races 15,792 10,906 +44.80%
U.S. Starts 117,303 88,074 +33.19%
Average Field Size 7.43 8.08 -8.02%
Average Wagering Per Race Day $3,337,530 $3,885,109 -14.09%
Average Purses Per Race Day $273,764 $249,169 +9.87%

 

2019 Comparisons:

June 2021 vs. June 2019
Indicator June 2021 June 2019 % Change
Wagering on U.S. Races* $993,147,243 $990,923,384 +0.22%
U.S. Purses $103,624,634 $115,194,834 -10.04%
U.S. Race Days 437 499 -12.42%
U.S. Races 3,413 3,905 -12.60%
U.S. Starts 23,870 27,726 -13.91%
Average Field Size 6.99 7.10 -1.50%
Average Wagering Per Race Day $2,272,648 $1,985,818 +14.44%
Average Purses Per Race Day $237,127 $230,851 +2.72%
2nd QTR 2021 vs. 2nd QTR 2019
Indicator 2nd QTR 2021 2nd QTR 2019 % Change
Wagering on U.S. Races* $3,511,798,209 $3,137,805,499 +11.92%
U.S. Purses $299,952,725 $316,882,492 -5.34%
U.S. Race Days 1,115 1,260 -11.51%
U.S. Races 9,090 10,167 -10.59%
U.S. Starts 65,092 73,409 -11.33%
Average Field Size 7.16 7.22 -0.82%
Average Wagering Per Race Day $3,149,595 $2,490,322 +26.47%
Average Purses Per Race Day $269,016 $251,494 +6.97%
YTD 2021 vs. YTD 2019
Indicator YTD 2021 YTD 2019 % Change
Wagering on U.S. Races* $6,277,894,486 $5,672,774,271 +10.67%
U.S. Purses $514,950,882 $544,002,132 -5.34%
U.S. Race Days 1,881 2,104 -10.60%
U.S. Races 15,792 17,457 -9.54%
U.S. Starts 117,303 130,239 -9.93%
Average Field Size 7.43 7.46 -0.44%
Average Wagering Per Race Day $3,337,530 $2,696,185 +23.79%
Average Purses Per Race Day $273,764 $258,556 +5.88%

* Includes worldwide commingled wagering on U.S. races.

 

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Oaklawn Boosts Arkansas Derby Purse To $1.25 Million, Shifts Race To April 2

Oaklawn will dramatically impact the 2022 Triple Crown trail by making two major changes to the Grade 1 Arkansas Derby – boosting the purse to $1.25 million and moving the date to Saturday, April 2. The date shift is a departure from the traditional three weeks before the Kentucky Derby and the increased purse makes the race the richest event among Derby preps.

All total, Oaklawn is planning a record 36 stakes worth $12.3 million. In addition to the Arkansas Derby, three stakes will carry million dollar purses and 15 other stakes will offer purses ranging from $200,000 up to $750,000. Every stakes race will have at least a $150,000 purse. With the historic shift in the track's racing calendar that now begins in December, Oaklawn will stage its first 2-year-old stakes since 1973 – the Advent Stakes on opening day, Friday, Dec. 3.

“When we launched our $100 million expansion program two years ago, we said our goal was to take Oaklawn to a new level of excellence,” Oaklawn President Louis Cella said. “When you look at next season's stakes schedule, that includes five new stakes, you can see that is exactly what we are doing.”

The new positioning of the Arkansas Derby on the racing calendar will have a ripple effect on Oaklawn's other major 3-year old races. The $1,000,000 Rebel Stakes (G2) will be run on Saturday, Feb. 26. The $750,000 Southwest (G3) will be run Saturday, Jan. 29. The Smarty Jones Stakes will kick off the series on New Year's Day with a purse that has been increased by $100,000 to $250,000.

“Historically, Oaklawn's 3-year-old series has offered the most Kentucky Derby qualifying points of any track in the country,” Cella said. “With the extra timing between races and added purse money, we believe Oaklawn will only grow as 'the' place to prepare for the Triple Crown races.”

“Oaklawn has such a wonderful racing history going back 117 years,” General Manager Wayne Smith said. “When racing begins on December 3, fans will get to experience our new hotel overlooking the race track, a world class spa, new event center, and endless casino action. There has never been a more exciting time at Oaklawn.”

Older horses and older fillies and mares will also benefit from rich series leading up to the $1 million Oaklawn Handicap (G2) and $1 million Apple Blossom Handicap (G1), respectively, on Saturday, April 23. Prior to the Oaklawn Handicap, older horses will have the $150,000 Fifth Season on Jan. 15, $600,000 Razorback Handicap (G3) on Feb. 12, and the $500,000 Essex Handicap on March 19. The opportunities for older fillies and mares prior to the Apple Blossom include the $150,000 Pippin Stakes on Jan. 8, $250,000 Bayakoa Stakes (G3) on Feb. 5, and the $350,000 Azeri Stakes (G2) on March 12.

The Arkansas-bred program continues to be one of the richest state-bred programs in the country and will now feature six stakes races after the addition of the $150,000 Natural State Breeders' Stakes for 3-year-old fillies and older at one mile on Friday, May 6. The highlight of the series is the $200,000 Arkansas Breeders' Championship for 3-year-olds and up at 1 1/16 miles on May 7.

The 2021-2022 Oaklawn live meet runs Friday, Dec. 3 – Sunday, May 8. There is no racing Dec. 24 – 26 for Christmas or April 17 for Easter.

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