The Biz | Horse Racing Free Tips

New Mexico Horsemen Sue Racing Commission To Reclaim $8 Million Collected For Jockey Insurance

The New Mexico Horsemen's Association is seeking the return of more than $8 million it alleges the New Mexico Racing Commission has been collecting improperly from horsemen since 2004 to pay liability insurance for jockeys.

The representative organization for both Thoroughbred and Quarter horse owners and trainers in New Mexico filed suit in Bernalillo County District Court on Dec. 2 against the commission – which is a part of the Tourism Department of the state of New Mexico – five commissioners and executive director Ismael “Izzy” Trejo.

The complaint, a petition for declaratory judgment and relief, outlines the responsibilities of the racing commission under New Mexico law, including how retained revenue from wagering on live and simulcast races is to be distributed.

“New Mexico law, N.M.S.A. 1978, 60-1A-19, only allows the money distributed pursuant to the Horse Racing Act, to the Horsemen to be used for two distinct and clear purposes, one for purses and the other for medical benefits of the members of the New Mexico Horsemen's Association,” the complaint states.

The horsemen allege that the New Mexico Racing Commission ordered them to divert a portion of their money to racetracks for liability insurance for jockeys.

According to the complaint, $8,426,181.09 has been taken from the New Mexico Horsemen's Association since 2004 for jockey insurance.

“The Racing Commission has no power or authority to violate the statute or to direct the money received by the Horsemen be used for another purpose other than that which the statute directs,” the complaint states.

In addition, horsemen allege the commission has improperly ordered horsemen to pay a “gate fee or starter's fee” every time a horse races.

“The costs of operating the 'gate' are and always have been an expense of the association putting on the race, that is a cost or expense of the racino and not the owner or trainer of the horse entering the gate for a scheduled race,” the complaint states, adding that “there is no provision in New Mexico law that allows the Racing Commission to access a fee to horsemen for the starter's gate.”

Finally, the complaint alleges that the New Mexico Racing Commission improperly demands the Horsemen's Association pay a fee for a license. “The Horsemen's Association does not race horses, or train horses and is a benevolent, non-profit organization and no license is required,” the complaint alleges

The suit asks the court to “order the New Mexico Racing Commission repay and return $8,426,181.09 to the New Mexico Horsemen's Association.” It also seeks an order that the New Mexico Racing Commission “cease and desist from ever directing monies be spent by the New Mexico Horsemen's that by statute are designated for certain purposes.”

Richard Erhard, executive director of the New Mexico Horsemen's Association, declined to comment on the suit. The New Mexico Racing Commission's executive director, Izzy Trejo, could not be reached for comment.

The post New Mexico Horsemen Sue Racing Commission To Reclaim $8 Million Collected For Jockey Insurance appeared first on Horse Racing News | Paulick Report.

Source of original post

‘My Horses Are More Competitive’: Altered Competition Has Harness Trainer Reaching New Heights

The federal indictments that came down in March have changed harness racing at Yonkers Raceway in Yonkers, N.Y., quite significantly in 2020. According to harnessracingupdate.com, the absence of several of the track's highest percentage trainers has allowed others, like trainer/driver Patrick Lachance, to see their success reach new heights this season.

Last year, Lachance won 11 of 128 starts. Since this October, he has compiled 22 victories from 66 races, a difference he attributes primarily to the changed landscape of competition.

“I think that the competition is a lot different, for obvious reasons,” Lachance told harnessracingupdate.com. “My horses are more competitive now, and I can do more things with them. It's really unfair – the last four or five years have been out of control. And I hear people say I'm not aggressive and that – and you can't be. You can't make a move when you have one little move against those bearcats. There was only so much you can do, and now it's different.”

Kentucky Horse Racing Commission Approves More Regulations On Clenbuterol

The Kentucky Horse Racing Commission approved modified race dates for Turfway Park, a request from Churchill Downs to convert their noncontiguous track extension facility into a simulcast facility, and new withdrawal requirements for administration of clenbuterol in their bi-monthly meeting on Dec. 8, 2020.

Turfway Park was originally granted 39 days for their 2021 Winter Spring meet. They did not request to change the number of days already allowed for their meet, just the specific dates and times during which the meet would take place as well as ship in dates.

“Turfway Park has already been awarded 39 days of racing for January, February, and March of 2021,” KHRC deputy general counsel Chad Thompson said.”The shift of dates will fall within the same months as the dates that were recorded. In addition, the shift in dates will not conflict with those of another thoroughbred track.”

The reason for the shift is a delay in the construction schedule at Turfway, which is undergoing a complete renovation by owner Churchill Downs Inc.

There was a series of amendments made to pre-existing regulations on clenbuterol use. The first amendment was made to make a new section within a drug regulation rule to include clenbuterol and specify that it is prohibited unless certain conditions are met. The first condition is that a clenbuterol prescription must be made for a specific horse based upon a specific diagnosis. The second condition is that the vet is required to provide a copy of the horse's treatment sheet to the equine medical director for review within 24 hours of administration. The third condition is that the horse must be placed on the vet's list for 21 days post-administration and must pass a blood and urine test at the end of the 21 days to be removed from the list.

The second amendment on clenbuterol regulations was made to a regulation on the acceptable threshold of clenbuterol. This new amendment states that the acceptable threshold is the level of detection in urine serum and plasma. The last amendment made states that clenbuterol may be administered if the treatment is pursuant to a prescription and reported to the commission.

Although the amendments were ultimately approved, there were some points made in regards to how the amendments are affecting the Standardbred community since those horses race more frequently than Thoroughbreds do.

“This, I think, is a case of punishing harness racing for the sins of the Quarter Horse people and Thoroughbred people,” Said commissioner Alan Leavitt in response to the proposal of the clenbuterol amendments. “There have been, as far as I know, no instances reported of a Standardbred being overly treated with clenbuterol in order to get a steroidal effect.”

The commission unanimously approved the conversion of the Louisville Thoroughbred Society to become a simulcast facility.

The post Kentucky Horse Racing Commission Approves More Regulations On Clenbuterol appeared first on Horse Racing News | Paulick Report.

Source of original post

Report: MGG Brings New Motion In Bankruptcy Case Alleging Zayat Committed Fraud

The lengthy legal battle between New York firm MGG Investment Group and Triple Crown-winning trainer Ahmed Zayat continued with a new move last week, according to Thoroughbred Daily News.

Zayat declared bankruptcy earlier this year, seeking Chapter 7 protection. Now, MGG is asking a federal judge to order that Zayat can't get his debts to the investment group forgiven because the company says the $24 million in loans Zayat still owes were acquired fraudulently.

“[I]t is a debt…that was obtained by use of a series of statements in writing that were materially false, respecting an insider's (Zayat Stables) financial condition, on which MGG reasonably relied, and that Ahmed Zayat caused to be made or published with the intent to deceive MGG,” read a complaint filed by MGG. “[I]t is a debt for willful and malicious injury caused by Ahmed Zayat to the property of MGG within the meaning of [the] Bankruptcy Code.”

MGG's suggestion that Zayat was dishonest in his representations to the company isn't new; the basis for its much-publicized suit against Zayat in Fayette Circuit Court in Kentucky is based partly on allegations that Zayat failed to disclose the sale of nine breeding rights to American Pharoah or turn over the proceeds to the lender.