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Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test

Four horseplayers have filed a class-action lawsuit against trainer Bob Baffert and Medina Spirit's owner, Zedan Racing, over the results of the May 1 Kentucky Derby in which Medina Spirit finished first but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed in U.S. District Court for the Central District of California by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Their bets were placed on Mandaloun and other horses in various wagering pools, but were deemed losers when Medina Spirit crossed the wire first and was declared the “official” winner. Eight days after the Derby, Baffert revealed that the 3-year-old Protonico colt tested positive for the corticosteroid betamethasone and Churchill Downs issued a statement immediately suspending Baffert from racing at the Louisville, Ky., track while the matter is being investigated. While only stewards representing the Kentucky Horse Racing Commission may disqualify horses, the track's statement said Medina Spirit would be disqualified from his Derby win if a split sample confirms the presence of the drug.

The suit was also filed on behalf of “all others similarly situated,” more specifically, “All Kentucky Derby bettors who would have won their bets and winnings had Medina Spirit been properly prohibited from competing in the Kentucky Derby…or competed without the aid of an illegal drug.”

Betamethasone is a legal therapeutic medication used to treat various maladies in horses but its presence is not permitted at any level in post-race drug tests. Baffert first claimed the horse or test sample were contaminated with betamethasone and days later said the positive test may have been caused by a prescription ointment, Otomax, that includes betamethasone as an active ingredient. Baffert said the ointment was used to treat dermatitis after Medina Spirit raced in the Santa Anita Derby on April 3.

In addition to allegations that Baffert violated the federal RICO Act through an enterprise with Zedan Racing “engaged in activities affecting interstate commerce,” the plaintiffs also claim they and the class members were defrauded by a “misrepresentation” by Baffert in November 2020 after a series of medication violations that he was retaining Dr. Michael Hore to “ensure rule compliance” for his stable. A news report earlier this week claims that did not happen.

The plaintiffs are asking the suit to be certified by the court as a class action case and seeking damages that include monetary relief for attorney fees and other expenses, injunctive relief “enjoining the Baffert defendants from engaging in any further racketeering acts,” Imposition of “reasonable restrictions” on Baffert's future activities in Thoroughbred racing, payment to the plaintiffs and class members for money they would have won “but for the illegal doping of Medina Spirit,” plus treble and punitive damages.

Craig Robertson, attorney for Baffert, said the lawsuit was “completely frivolous and without legal merit.”

Read the complaint here

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Assiniboia Downs Reschedules Opening Day To May 24

Assiniboia Downs has decided to reschedule the opening day to one week later Monday, May 24, 2021.

The interprovincial travel restrictions and quarantine requirements have resulted in some unexpected travel delays for horsemen that had planned to be ready to race next week.

“There is so much that goes into the opening of the meet so it is disappointing for sure”, said Darren Dunn, the track's CEO. “However, we felt it was the responsible approach to give it another week to get everyone here safely, following all necessary protocols. Then we can start the season strong with the first racing program on the Victoria Day Monday.”

The two days that are being re-scheduled along with one additional race day will be added to the end of the racing schedule to offer 51 days of racing as opposed to the initial 50 days currently scheduled.

Assiniboia Downs will be one of the few tracks that will be running in Canada this month. The 2021 racing schedule will be Monday, Tuesday and Wednesday nights with a 7:30 p.m. (Central time) first race post time.

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Federal Defendants File Motion Asking Judge To Recuse

The defendants in the ongoing federal drug adulteration and misbranding case have filed a letter motion asking the presiding judge in the case to recuse herself. U.S. District Judge Mary Kay Vyskocil will consider the motion during a previously-scheduled status update in the case on May 14.

Attorneys for the defendants say Vyskocil has previously bred Thoroughbred racehorses and on four occasions was the breeder of a horse which ran against starters from defendants Jason Servis or Jorge Navarro. Court documents indicate that in two of those four races, the horse bred by Vyskocil finished better than the defendant's starter. Three of those starts were made by one horse, Here's Ya Souvenir, who was sold at auction as a 2-year-old and apparently no longer belonged to Vyskocil at the time of those starts. The other start came from Last Boat Home, who made the start in question while owned by Dreamland Racing.

Vyskocil bred both horses in partnership with Barry Ostranger, who the defense points out is a member of The Jockey Club. Jockey Club principals have been outspoken about the organization's role in the investigations which led to these indictments, and of their desire for serious punishment for the defendants.

Those races took place, according to court documents, between 2006 and 2009 — well before Vyskocil took the bench in the Southern District of New York.

Prosecutors filed a motion in opposition of the defense's request this week, questioning why it took the defense a year to make these connections between Vyskocil and hinting that this revelation could be related to a number of motions that had not gone in the defendants' favor. The government argues that judges do not have to recuse themselves from cases simply because they have some interest in a relevant industry, but only if those interests directly involve a person or legal issue at play. They also point out that Vyskocil didn't stand to gain financially from any of the four races in question against Navarro and Servis because they either took place outside New York state (where the horses were bred) or involved a horse that was not registered with the New York breeder incentive program anyway.

Vyskocil is expected to address the recusal motion during Friday's conference.

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Report: Derby DQ May Come Down To Legal Phrasing

As discussion around Kentucky Derby winner Medina Spirit's positive betamethasone test continues, the attorney for owner Amr Zedan seems to already be preparing a legal challenge for a potential disqualification.

Kentucky regulations spell out penalties for trainers and for owners following a drug positive, depending on the number and class of drug violations for the relevant licensee. The penalties for owners include disqualification and loss of purse, as well as a potential requirement for horses to undergo further examination or testing before returning to racing.

As explained in the Louisville Courier-Journal, there seems to be some debate about what will happen if a split sample comes back positive. Dr. Mary Scollay, former equine medical director for the Kentucky Horse Racing Commission, and Marc Guilfoil, current executive director for the commission, both point out that there is no “mitigating circumstance” language in the owner sanctions for a Class C positive. Stewards are given a range of possible suspensions and fines for trainers with the phrase “absent mitigating circumstances” at the end, meaning they can use discretion within those ranges depending on information they get from the trainer about how the drug became introduced to the horse — i.e., environmental contamination. There is no “mitigating circumstances” language at the end of the penalties outlined for owners in this circumstance.

Attorney Clark Brewster maintains however that the phrase “shall apply” when referring to the disqualification and loss of purse for owners is legally ambiguous. While lay people understand “shall” and “must” to be the same, Brewster points out that there is some variation in interpretation of the two words in legal settings. Brewster argues that stewards should take mitigating circumstances — like whether the drug was intended to advance performance — into account when they make their eventual decision.

Read more at the Louisville Courier-Journal

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