The Friday Show Presented By Monmouth Park: Overheard On Wiretap

A recent brief filed by the U.S. attorney for the Southern District of New York in support of wiretaps of a number of individuals indicted in March 2020 revealed partial transcripts of some of the trainers, veterinarians and suppliers rounded up in this federal racehorse doping probe.

The defendants are trying to have evidence compiled from intercepted phone conversations thrown out, saying the FBI didn't exhaust other investigatory practices before seeking approval for such surveillance. Prosecutors point out why the wiretaps were necessary and that traditional methods would not have worked.

A judge in the case has yet to decide whether to permit the evidence obtained through the wiretaps.

In this week's edition of the Friday Show, publisher Ray Paulick and editor in chief Natalie Voss review some of the conversations held among various defendants – including Jason Servis and Jorge Navarro – that were intercepted by the FBI. They reveal that the trainers had no idea what was in some of the substances they were injecting into horses in their care.

Voss also provides some details on Scott Mangini, a peddler of non-FDA approved substances who has pleaded guilty and is scheduled to be sentenced on Friday.

Joe Nevills then joins Paulick to talk about this week's Woodbine Star of the Week.

Watch this week's show, presented by Monmouth Park, below:

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Making Claims: Racing’s Villains Have Too Many Enablers

In “Making Claims,” Paulick Report bloodstock editor Joe Nevills shares his opinions on the Thoroughbred industry from the breeding and sales arenas to the racing world and beyond.

If it feels like just yesterday when Irish trainer Gordon Elliott rankled the racing world over his photo straddling a dead, prone horse, you're not off by that many yesterdays.

Elliott's six-month suspension for conduct unbecoming to the sport finished this week, and the interview he gave the Racing Post ahead of his return was eye-opening for a few reasons.

First, it sure doesn't seem like he spent a lot of time on true self-reflection during his half-year away. His self-described “lowest moment” had nothing to do with the shame he brought upon himself, his barn, and the sport on a global level, but for the horses that left his barn during his suspension that won elsewhere. He makes two attempts at a genuine apology in the Racing Post interview, and they're both in the direct vicinity of statements about how good he is at training winners, and how he'd like to get back to doing that.

Tell me you're only sorry you got caught, without telling me you're only sorry you got caught.

Second, it was revealed that he only lost about a dozen horses from his yard during the suspension. For some trainers, that could be a back-breaking defection, but Elliott has had 1,000 or more starts in each of the past five years. He lost some good ones, but 12 horses won't interrupt the flow when he returns to the racetrack.

There are several layers of blame to go around for the Gordon Elliott situation – before, during, and after the photo was released.

The center of it is, of course, Elliott himself. For a sport like horse racing that struggles with public perception, an unforced error like his is unforgivable. It will be used as fodder to tear down horse racing's credibility for years to come – much longer than the six months he spent away. The next layer is the person behind the camera, head lad Simon McGonagle. It's hard to tell your boss to stop being a bonehead, but commemorating the occasion with a photo and a snappy caption suggests at least one other person in that inner circle thought this was fine.

Once we leave that atmosphere, we come to the people who could have done something about it in the aftermath, and chose to punt the football.

The Irish Horseracing Regulatory Board had a chance to show that documented desecration of the horse should have career-threatening consequences. Instead, they handed him six months – most of it during the slow part of the National Hunt season, save for the Cheltenham Festival – and praised themselves in the press release for how thorough their unannounced welfare inspections have been.

Then, there are the owners that Elliott praised for sticking with him through the suspension. If he only lost a dozen horses, then it seems most owners did stick with him.

Whether they'd admit it or not – whether they care or not – by remaining in his barn, those owners have endorsed the notion that if their horse dies in training, Elliott is perfectly within his right to use the event as a lighthearted photo opportunity.

The Gordon Elliott situation, and how it was handled, is frustrating for anyone that thinks a horse deserves better, living or dead, but what takes it to another level is the fact that we've seen it all before.

Negative actions come down to individuals making choices, but it's those two parts of the outside layer – the regulators and the owners – whose response can turn those actions into a culture in a barn, a backstretch, and ultimately an industry. It takes a village to raise a villain, and this industry has turned it into a science.

The Irish Horseracing Regulatory Board's relatively light touch on Elliott calls back to any number of instances where racing commissions had the ball set on the tee for them to prove the sport won't tolerate behavior ranging from irresponsible to abusive, and instead chose the most uninspired option. When a decent lawyer and a feckless racing commission can “aw, shucks” the consequences of a serious offense into a minor inconvenience, the horsepeople that choose to misbehave have little to sway them from doing it again.

Be truthful, when is the last time you've seen a horseperson stare down a career-altering suspension for something heinous or habitual and thought, “that's definitely gonna stick”?

What's infuriating about horse racing's regulators is their enabling of bad actors can come in so many shapes and sizes. The due process of appeals and stays of suspension are frustrating from the outside, but they are a necessary part of the system. However, when a regulator neuters another regulator trying to create consequences that might actually change the culture of the sport, it ventures into craven territory.

Who can forget the reflexive disgust shown by the Delaware Thoroughbred Racing Commission when they watched the video of trainer Amber Cobb hitting a tied horse with a rake, then the sudden change in tone when they reduced the stewards' recommended suspension of two years down to two months because she was just so darn articulate?

Who else felt unsatisfied when the Arkansas Racing Commission gave back practically everything to Bob Baffert after lidocane positives disqualified Charlatan and Gamine from their wins, and the justification from the board essentially came down to “we don't even really like these rules, and we hope the feds come in and clean this mess up”?

In both instances, and in others under far less of a microscope, the regulators seemed swayed by information that pulled them away from the root issue at hand, and turn on the complainant. Whether they did it or not became a secondary issue. Not every whistleblower is going to be a reliable one, but when scrutiny turns into mockery and dismissal, it emboldens future offenders and gives pause to future whistleblowers. Again, this is how cultures are created.

Of course, for every time a racing commission has shot itself in the foot to let an alleged villain get away, just as many do the wrong thing through inaction.

There are a lot of cards in the “How Does THIS Guy Still Have A License?” deck, but for the sake of moving things along, consider Marcus Vitali.

Vitali has been handed suspensions that he served to term, but he didn't let that get him down. Instead, he found ways to keep training horses and have them run in the names of others, like Wayne Potts or Allan Hunter.

It's been harder for Vitali to find places to race since he came back from his most recent time on the bench last year, but commissions in New York, Pennsylvania, Texas and Arizona have licensed Vitali in 2021 after he was alleged by the Maryland Jockey Club – owners of Pimlico and Laurel Park –  to be running horses in other trainers' names. His alleged accomplice, Potts, is having the most lucrative season of his career, running mostly in New York and New Jersey.

In the places where they've had the door slammed in their faces, it was usually because racetracks barred the trainers on their own volition, independent of any commission ruling. The problem is, a private property expulsion doesn't have the same reciprocity among other jurisdictions as a state-level one, leaving it up to track-by-track judgement calls, sometimes in response to public outcry.

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Through his cross-country trek in search of a racetrack that would have him, Vitali has maintained the unyielding support of some owners, including Carolyn Vogel's Crossed Sabres Farm. Nothing short of blind support would explain why the New Hampshire-based owner would not only stay with a trainer after dragging her into multiple paper training incidents and suspensions, but then entrust him to take her string to the claiming ranks at Turf Paradise – far away from the East Coast tracks where her runners were normally seen.

Again, this is how a culture is made. In a business of independent contractors, employment is endorsement, and permissive or oblivious owners can give oxygen to problematic behavior. If a trainer keeps getting supplied with horses, it's hard to get rid of them. Gordon Elliott will return to business as usual because operations like Bective Stud just kept buying horses for him to train when he got back.

It was hard not to notice who was still running horses with Baffert after the trainer announced that Medina Spirit had tested positive for betamethasone in this year's Kentucky Derby and put the sport under one of the ugliest national spotlights it's ever seen; even after it limited the places where their horses could run. As it stands right now, the expensive 2-year-olds that have kept entering Baffert's barn won't be able to run in next year's Kentucky Derby if they stay there.

It still wasn't enough for some owners to walk away. If they don't feel shame for having their names tied to scandal by association, their trainers have no incentive to feel any different.

We should all be so lucky to find that kind of loyalty in our lives.

But, that's the culture.

Individuals feel emboldened to push limits – or have a chat astride a dead horse while your buddy grabs a shot for Snapchat – because the consequences aren't enough of a deterrent, or they'll likely be walked back if they get too harsh, and too many owners are fine to go along with the ride out of some sense of loyalty, even if it drags them down with it.

It keeps happening because the people in a position to do something let it happen. It keeps hurting because we know it'll happen again.

More than ever, the world outside our sphere is watching and learning, and they're figuring out that Gordon Elliott wasn't the only one sitting on that dead horse.

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Reader Mail Bag: Continued Outrage In The Wake Of Cobb Suspension Reduction

We received a flood of emails, social media messages, and calls from readers in reaction to the Amber Cobb case in Delaware, which we covered here and analyzed further here. Though our readership usually takes a range of viewpoints on many of the regulatory issues in racing, the mail we received almost uniformly expressed shock and outrage at the decision by the Delaware Thoroughbred Racing Commission to reduce Cobb's suspension from the two years to two months after stewards determined she exhibited cruelty to a horse.

For the sake of brevity, we opted to run one of these letters (below), which we felt was most representative of the bulk of correspondence we received. 

In addition to these notes, we were also made aware that at least one owner reached out to the commission to announce the stable's decision to no longer enter horses in Delaware as a result of the commission's decision. Many other readers likewise expressed that they had or planned to send feedback to the commission. 

 

I, like everyone else who has seen it, was utterly disgusted with not only the video depicting the actions of trainer Amber Cobb against one of her horses, but also the almost complete ignorance of the Delaware Racing Commission in reducing her suspension for those actions. How this industry continues to manage to shoot itself in the foot repeatedly is just mind boggling to me. Actions that are as heinous as those displayed by Ms. Cobb require only one reaction, and that is immediate revocation of her license to train horses anywhere in this industry (or any other equine industry for that matter).  Why it seems so hard for commissions to do the right thing in banning these bad actors for life is something I will never understand.

I am a veterinarian licensed in the Commonwealth of Pennsylvania. If a video surfaced of me committing those acts, I would not have my license suspended for two months or even two years. It would be gone permanently in a heartbeat, and I likely would not have the ability to obtain one in any other state in this country.

What occurred in that video is blatant animal cruelty (something I have been involved in assisting the prosecution of for the last 15 years). It can be looked upon as nothing less and should be dealt with accordingly by both law enforcement and the racing commissions. Sadly, that did not happen in the case of the decision of the Delaware Thoroughbred Racing Commission.

The Horseracing Integrity and Safety Act, if and when it is finally in full effect, will hopefully put an end to this concern once and for all.  In the meantime, just because an issue like this occurred in one state does not mean other states that she is licensed in cannot act on their own. Every state in which Ms. Cobb is licensed needs to start the process of immediate revocation of that license.

I am fully aware of a person's due process rights and what can happen when racetracks or commissions take away those rights via their actions in some suspensions (the NYRA Bob Baffert case for example). I am also aware that anyone who is accused of or charged with a violation of any kind is entitled to their full due process. I urge the Commissions to do their proper investigation and due diligence on this case, and then render their decision quickly.  To me, the only decision that it can be is immediate and permanent revocation of the license.

Another thing I have learned over the years is the true power that we as the public can have in matters before a racing commission. I learned this after the intense pressure put on the PA Racing Commission by so many to get the license of the trainer of a horse named Silent Ruler permanently revoked after the horse was found in a state of severe pain and neglect from a non-attended to sesamoid fracture.

Therefore, I urge everyone who sees this letter to please write into or contact your state racing commission and politely but firmly urge them to not allow this cruelty to continue by revoking Ms. Cobb's license to train horses in that state if she holds one and to not consider granting her one if she does not.

We hear all the time how commissions and those in the industry want to bring back integrity to the sport. The Delaware racing commission has failed miserably at this. It doesn't mean that others must follow that lead.

–Dr. Bryan Langlois
Past President, Pennsylvania Veterinary Medical Association
Board Member, ThoroFan

If you would like to submit a letter to the editor on this or other topics, please reach out using the Ask Ray page. We may contact you for further information or clarification prior to publication.

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Beat Ray At Del Mar: Hanging Out At Quigley’s Corner

The Beat Ray Everyday Beach Boss contest rolls into closing weekend at Del Mar racetrack in Del Mar, Calif., with analyst and television host Tom Quigley joining Michelle Yu and me to handicap Saturday's Grade 2 Del Mar Derby presented by Caesars SportsBook.

Quigley – whose paddock observations and handicapping tips from Southern California racetracks are a mainstay on Twitter at @Quigleys_Corner – points out that the Del Mar Derby was first run in 1945 as the Quigley Memorial. No, Tom Quigley is not THAT old; the race was named in honor of William A. Quigley, a former college football player and coach who lived in La Jolla, just a few miles south of Del Mar.

Inspired by Santa Anita's opening in December 1934, Quigley brought the idea of a racetrack at Del Mar to singer Bing Crosby in 1936 and was a founder of the seaside oval with Crosby and entertainer Pat O'Brien.

So there's the history of the Del Mar Derby's original name.

More importantly, who will win this year's renewal? Watch the video below to see who Tom, Michelle and I like in the 2021 Derby.

Beat Ray Everyday is a season-long free to play handicapping contest offering as first prize two VIP tickets to the 2021 Breeders' Cup world championships, to be run at Del Mar on Nov. 5-6. Contestants have had the opportunity to wager a mythical $100 in win, place and show bets on a selected race each day of the meet, and the winner will be the person who has the highest bankroll after Monday's closing day. Here are the current standings.

Beach Boss will be back for the Bing Crosby meeting that opens on Nov. 3 and runs through Nov. 28. Details will be available here.

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