Letter to the Editor: Existential Crisis. No Hyperbole

There have been several stories recently in the TDN about Computer Assisted Wagering (CAW), and many of them have contained accurate and useful information. But what those articles have failed to do is convey what CAW really is and does, why it matters, and most of all, how dire and urgent the situation they have created is. Hence this letter.

1-First, the basics. Betting handle is the lifeblood of our industry. It directly funds purses, creates all the jobs in our business, and indirectly funds the commercial bloodstock industry—no (or less) purse money to run for, and eventually yearlings will have the market value of show horses, and stud fees will follow them down.

2–The parimutuel pools are a market; horseplayers compete against each other, not the house. CAW is not just someone using a computer to handicap. Yes, there is a handicapping element, and if someone creates a good handicapping model, good for them. But the important part is this—CAW “players” are being given a massive advantage over regular horseplayers. They get electronic access and a last split-second look at the pools, which gives their computers the ability to assess the situation in a microsecond, and automatically make hundreds of targeted and incremental bets, totaling tens of thousands of dollars per “player,” right at the bell. No human can do that, or compete with it.

3–Because CAW is responsible for so much handle, and because many of the CAW “players” have banded together to negotiate, they receive gigantic rebates. So in effect, they are playing into a much lower takeout than the general public, and that, combined with the advantage they have been given, enables them to basically vacuum the pools. And since it's a market, if they're siphoning off money, someone else is losing it. More on that in a moment.

4–In our industry, we publish handle figures, not profit and loss. But remember: CAW “players” get gigantic rebates. That means the industry gets to keep much less of every dollar they bet—roughly speaking, it takes $3 of CAW handle to equal $1 bet in the backyard at Saratoga. So if overall handle stays the same, but CAW handle is replacing non-CAW handle, for purses, and for everyone else in the industry, it's like handle going down. And CAW is now responsible for about one-third of national handle.

5–The overall retail blended takeout on racing is normally about 20%. But with the CAW “players” making money as a group, it means the horseplayers who make up the other two-thirds of the pools are in effect paying the entire takeout. So for them, the takeout is up to roughly an onerous 30%. Now, horseplayers are not like the people who buy expensive yearlings. They generally work for a living, and as a group have a finite amount they can lose over the course of a year, or lifetime. So as the takeout has gone dramatically up, one of three things has to happen:

A) Horseplayers bet the same amount, and tap out faster. That reduces churn on handle, and handle overall goes down.

B) Horseplayers reduce what they bet as they lose more, to make their money last longer. Handle goes down.

C) Horseplayers stop betting or switch to legal sports betting, which has a takeout of between 5-10% (and no learning curve, since most of us grew up with these games, and there are no odds changes after you bet). Handle goes WAY down.

In other words, CAW isn't just disguising the drop in non-CAW handle, it is CAUSING it.

I know many serious, lifelong horseplayers who now only play on big days, or who have quit the game entirely.

6–So here it is; figures courtesy of Pat Cummings:

As CAW handle has gone from about eight percent of the pools to about a third over the last 20 years, non-CAW handle has nosedived. To give you an idea of how short a time period we're talking about, Smarty Jones won the Derby in 2004.

ADJUSTED FOR INFLATION, ORDINARY (NON-CAW) HANDLE IS ABOUT ONE-THIRD OF WHAT IT WAS JUST 20 YEARS AGO.

Do I have your attention now?

Almost all of that drop came before the advent of legal sports betting. And remember, the non-CAW handle is the oxygen-rich blood that nourishes everything. CAW is not just taking money out of the pockets of ordinary horseplayers; it's killing horsemen and the industry as a whole.

This is an existential crisis, without exaggeration. Since only handle figures are published, the picture has been obscured to the public, but we are not talking about a long horizon–I think major cracks will start becoming visible within the next year or so, because the downward spiral is accelerating rapidly now that there's sports betting. And as ordinary handle goes down, CAW will as well–the robots adjust their bet size to the size of the pools, so that they aren't killing their own prices. These guys aren't in our game for fun, like horseplayers are, they're here to suck money out of the pools. And when they no longer can, they will leave.

7-So, what can be done? Finally, some good news: because the industry makes so little from a dollar of CAW, eliminating a portion of their handle will not have anywhere near the same effect as eliminating the same amount of ordinary handle.

The first thing that has to happen is that the unfair advantage has to be taken away from the CAW players. Their special access to the pools has to be shut off with three minutes to post, like NYRA did with their win pool. But it can't be just cosmetic. It has to happen in all pools.

The second thing is to reduce their rebates. If you make twice as much from each dollar bet, even if CAW handle is cut in half, it's a wash. And if those two actions erode their edge to the point where they bet much less, good; that's the idea. We need to knock that third of the pools figure down by quite a bit, to salvage what's left of the non-CAW handle, and hopefully create more.

I'm using “salvage” advisedly, because we are hemorrhaging customers, and once they are gone, it is hard to get them back. Since I wrote the first draft of this letter one of those cracks has appeared. Golden Gate is closing, in an attempt to triage California racing. We need to stop the bleeding. And we need to do it right now.

Jerry Brown is the president of Thoro-Graph, Inc. 

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Thoro-Graph Sues NYRA Over Disputed $333K in ADW Partnership

A business partnership between performance-figure provider Thoro-Graph, Inc., and the New York Racing Association (NYRA) that had been billed as a “win-win-win” deal for the two parties and advance-deposit wagering (ADW) customers when it first launched in 2017 has gone sour, resulting in a lawsuit filed in New York State Supreme Court.

According to the civil complaint, Thoro-Graph is suing both NYRA and its NYRA Bets ADW platform over the alleged non-payment of at least $333,000 that Thoro-Graph believes is its rightful cut for incentivizing horseplayers to become NYRA Bets customers via a free, membership-based portal called Thoro-Graph Player Services (TGPS).

Thoro-Graph claimed in its complaint that its portal grew NYRA's betting handle by $100 million over a roughly five-year span, “solely through the joint venture resulting in $3 million in revenue” for NYRA.

When the alignment between the two entities was first announced in 2017, the deal was billed as giving Thoro-Graph an ADW partner, while NYRA Bets got a valuable pipeline of new customers.

Horseplayers would benefit too, a TGPS executive explained at the time of the launch, because they would get access to “concierge-level support,” volume-based wagering rebates, on-track visitation amenities and discounts on Thoro-Graph handicapping products.

But according to the lawsuit, “Defendant NYRA failed to perform its part of the bargain [by allegedly not paying] Plaintiff its full 50% share of its Net Revenue,” wrote Karen Murphy, the attorney for Thoro-Graph, in the Dec. 19, 2022, filing.

“That breach has resulted in hundreds of thousands of dollars in losses to date and has impacted the value of Plaintiff's corporation resulting in additional lost profits to Plaintiff,” the complaint stated.

The filing stated that the dispute involves how net revenues are calculated: “Plaintiff is entitled to its full 50% share of defendant NYRA's revenue that is generated from the handle wagered on NYRA races by non-New York residents and paid to defendant NYRA. In failing to do so, defendant NYRA is in material breach of its core financial obligation to pay Plaintiff its full revenue share under the terms of the joint venture.”

The complaint contended that Thoro-Graph attempted “good faith settlement efforts” to square up the purportedly mounting non-payments, including making a written demand for the money on June 13, 2022, and a meeting with NYRA representatives to discuss the issue.

“[NYRA's] response was to intimidate Plaintiff with the threat of termination of the joint venture and not to address the failure to pay Plaintiff its full 50/50 share,” the complaint stated.

NYRA then followed through with a letter Dec. 12 giving a 180-day notice of termination of the partnership. That action, in turn, led to Thoro-Graph's lawsuit one week later seeking “compensatory damages which are no less than $500,000 [and] estimated additional damages for the remainder of the term of the existing Agreement.”

The court has set a Feb. 10 date for the defendants to file a reply. TDN asked a NYRA spokesperson if the racing association or NYRA Bets wished to comment prior to that filing, and also asked how the termination of TGPS might affect horseplayers who use the portal.

“NYRA will honor the terms of confidentiality agreed to by the parties involved and reply to the court by Feb. 10. This contractual dispute does not and will not impact NYRA customers,” Patrick McKenna, NYRA's vice president for communications, wrote in an email.

The “Termination for Convenience” letter that NYRA served Thoro-Graph is scheduled to become effective June 10.

“That notice of termination has now been issued solely because Plaintiff made it clear it would proceed with legal efforts to protect its rights under the Agreements to receive its full share of compensation,” Thoro-Graph's complaint stated.

“Plaintiff performed its obligations under [the contracted terms] by maintaining its website as 'best in class' and offering free and reduced priced Thoro-Graph data which has resulted in NYRA Bets signing up over 1,700 horseplayers. This was accomplished by Plaintiff without any marketing assistance from the NYRA Parties…” the complaint stated.

“In 2017, Plaintiff grew the handle of defendant NYRA Bets by $3.1 million,” Thoro-Graph's court filing stated. “In 2018 Plaintiff's contribution was $10.7 million; in 2019 the contribution went to $15.3 million; in 2020 the contribution was $22.7; in 2021 the contribution reached $24 million; [At the time the Dec. 19 lawsuit was filed] Plaintiff's contribution [was] on track to reach $25 million making the total added handle over $100 million.”

Drilling the alleged non-payment issue down further, the complaint stated that NYRA's deduction of an “import host fee” from the net revenue calculation is a chief bone of contention.

The complaint put it this way: “To be clear, what defendant NYRA is claiming is an “import host fee” is simply money RECEIVED by NYRA Bets solely as a result of “Qualifying Wagers” by non-New York residents on NYRA CONTENT and then passed on to and RECEIVED BY DEFENDANT NYRA AS REVENUE.”

Attorney Murphy, when reached by the TDN, said, “For now, we will let the complaint speak for itself. We will have more to say after NYRA's response.”

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Taking Stock: The Good, The Bad and The Ugly of 2022

Sergio Leone's 1966 masterpiece, “The Good, the Bad, and the Ugly,” was the last and best of a trilogy of Leone spaghetti westerns that upended the traditional genre.

Before Leone and other Italian directors like Sergio Corbucci set about redefining the Old West in Europe, traditional domestic westerns featured clean-cut leads like John Wayne, Alan Ladd, Gregory Peck, Gary Cooper, and Jimmy Stewart in films by directors like John Ford and Howard Hawks that clearly delineated the good from the bad and ugly. Not so Leone, who made the genre surreal and messy, and for him the good wasn't as easily distinguishable from the bad and ugly.

Clint Eastwood, Leone's star, was an anti-hero gunslinger with five-day stubble on a perpetually squinting face, a cigarillo between his lips, and a signature poncho draped over his tall frame.

When he flipped the poncho over his left shoulder, he was ready to draw the Colt Navy holstered on his thigh, and when he did, any gunfight was over in the blink of an eye. He was faster than fast–and unbelievably so.

Racing in 2022 was messy and surreal and was a Sergio Leone film in my mind, not a John Ford movie with clear-cut heroes and bad guys. Flightline was the star, playing the Eastwood role. No one was faster.

Here's the year's Good, Bad, and Ugly, boiled down in three acts.

The Good
The Good was Flightline (Tapit), wasn't it? He was good, but not so in the traditional sense for some, because he didn't race often like their racing heroes from the past. His detractors have grumbled, too, that he's not competing in 2023 because his connections are cashing out on his massive stud value. Some conspiracy theorists on social media have gone so far as to insinuate the $4.6 million share purchased by an undisclosed buyer at auction at Keeneland was engineered by the colt's ownership group to inflate his value. In reality, the share was bought fair and square by Travis Boersma, the billionaire co-founder of Dutch Bros. Coffee, with Coolmore the underbidder. In fact, Boersma has since purchased another share in Flightline.

As for how good Flightline was, the results of the recent Gl Malibu and Gll San Antonio add to the tale: Taiba (Gun Runner), beaten 8 3/4 lengths in third by Flightline in the Gl Breeders' Cup Classic, won the former by 4 1/4 lengths; and Country Grammer (Tonalist), second by 19 1/4 lengths to Flightline in the Gl Pacific Classic, won the latter by 4 1/2 lengths. At the time, the Pacific Classic impacted me in a way I haven't felt in a long time, and when Lane's End asked me to write the entry for Flightline for its annual stallion brochure, I wrote of that race in particular and said, in part:

He was a hot Santa Ana wind blowing in from the San Diego mountains that day. He not only fried the competition in the Pacific Classic but also the ability to think straight in the immediate aftermath. It was difficult to coherently put into words what was seen and felt as Flightline crossed the line. There was something unsettling about it, something that asked, “Is this real?”

Joan Didion, that great American writer from California, once said this about the Santa Ana winds: “The Pacific turned ominously glossy during a Santa Ana period, and one woke in the night troubled not only by the peacocks screaming in the olive trees but by the eerie absence of surf. The heat was surreal. The sky had a yellow cast, the kind of light sometimes called 'earthquake weather.'”

Didion's words capture the otherworldly essence and collective disbelief of what was witnessed at Del Mar. It had been, after all, only Flightline's fifth race. Previously, he'd dominated a field of Grade l winners by six lengths in the one-mile Gl Metropolitan H. at Belmont. His only other stakes outing before the Met Mile came in the seven-furlong Gl Malibu S. at Santa Anita, which he won by 11 1/2 lengths.

In the days following the Pacific Classic, as the magnitude of accomplishment settled in, journalists waxed lyrically about Flightline's performance, but the most telling verdicts came from unsentimental makers of figures and ratings: 126 from Beyer, the fastest in almost 20 years and the second-best ever; -8 1/2 from Thoro-Graph, the best in its history; -2 from Ragozin,
an indicator of highly elite class; and a ranking of 143 from the internationally respected Timeform, which places Flightline tops among American horses of all time and within range of the publication's highest-ever weighted horse, Frankel, at 147.

Flightline was clearly special.

The Bad
The handling of HISA was bad–twice over. There's no way to sugarcoat this. The bill was first passed without industry consensus when Sen. Mitch McConnell, Republican and then Majority Leader in the senate, tacked it on to the year-end spending bill in 2020, and after a part of it was found unconstitutional last year, Sen. McConnell, now Minority Leader, once again attached an amendment to it to the spending bill last month with corrective language that's supposed to address the issue the Fifth Circuit Court of Appeals found objectionable, which is that government power was delegated to a private entity without adequate government supervision.

Sen. McConnell, in this role, plays the part actor Lee Van Cleef did in the Leone film, the hired gun Angel Eyes. Part of the entry for Angel Eyes in Wikipedia reads: “A ruthless… mercenary… always finishes a job for which he is paid.” Who hired–lobbied is the polite word–Sen. McConnell? Pro HISA advocates, including The Jockey Club, a mostly Republican organization. And why is this ironic and even surreal? Because many of the constitutional issues being litigated in courts around HISA are anti-Republican stances about states' rights and regulatory measures. And many of the federal justices ruling on these issues were named to the bench by Republican Presidents, whose appointments were supported by Sen. McConnell and most Republicans.

What happens if another conservative judge rules against HISA in one of several suits on the table at the moment? You already know: Sen. McConnell will be back to tack another amendment to the spending bill a year from now. He's got plenty of Democrats in the senate who will support him on this, but his own party is highly critical of him for putting forth measures that are anathema to conservatives.

Sen. McConnell and his posse should have had this right from the beginning, with industry consensus and a clear understanding that any challenges to HISA would come from McConnell's own party and be adjudicated by justices put in place by them.

The Ugly
Who will be the champion 3-year-old colt of 2022? Will it be Epicenter (Not This Time), who won one Grade l race last year, or will it be Taiba, the winner of three? I tweeted this recently from the WTC company account, @Sirewatch:

“In the matchup for Eclipse 3yo between Epicenter vs. Taiba, the winner is Ron Winchell. He owns Epicenter and is a major shareholder in Gun Runner, the sire of Taiba.”

Winchell is a leading man from a John Ford film, a John Wayne type of winner.

Taiba is owned by Amr Zedan, a Saudi businessman, and trained by Hall of Famer Bob Baffert, both of whom are Sergio Leone characters, perhaps a composite in this case of the Eli Wallach role of Tuco, a wanted Mexican bandit in “The Good, the Bad, and the Ugly.”

Things certainly got ugly for Zedan and Baffert after their Medina Spirit (Protonico) tested positive for betamethasone after the 2021 Gl Kentucky Derby, and events have snowballed from there, including the Churchill Downs ban of Baffert and the subsequent lawsuits filed by Zedan and Baffert in response. All of this translated to negative publicity and quite likely cost Medina Spirit an Eclipse Award.

The champion 3-year-old colt of 2021 was Godolphin's Essential Quality, who won two Grade l races, the same as Medina Spirit. Except Medina Spirit also defeated older horses by winning the Gl Awesome Again – something his rival didn't do – and finished ahead of Essential Quality the two times they met, in the Derby (Essential Quality was fourth) and the Breeders' Cup
Classic (Medina Spirit was second to Knicks Go and Essential Quality was third).

The resilient Zedan and Baffert are somehow back again with Taiba, but how will voters respond this time? Will they snub Zedan and Baffert again and go with Epicenter, who had a fine campaign that included a win in the prestigious Gl Travers? Or will they jettison both dirt colts and go for Godolphin's Modern Games (Ire) (Dubawi {Ire}), who won two Grade l races on turf against older horses? Don't scoff, there's been some chatter about that on social media among potential voters.

Owner and handicapper (and economics professor) Marshall Gramm recently noted on Twitter the similarities of Taiba, Epicenter, and Modern Games to the trio of Snow Chief (three Grade l wins), Ferdinand (one), and Manila (three, all on turf) from 1986. Snow Chief won the Eclipse that year, but Manila, an outstanding turf horse, was the best of the three. Back then, however,
turf racing didn't have the same stature it now seems to hold with some voters.

These days it's hard to agree on anything. Consensus is elusive. The Good, the Bad, and the Ugly are seemingly interchangeable, depending on viewpoint. And facts seem to matter less than opinion. That's the chaos that Leone captured in 1966, and it's very much alive now.

Welcome to 2023.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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Flightline Given Fastest Ever Thoro-Graph Number

Thoro-Graph, which has been computing speed figures for 35 years, gave Flightline (Tapit) a negative 8 1/2 for his win in the GI TVG Pacific Classic, the fastest number it has ever assigned to a horse. The previous record was a negative 8, the figure Frosted (Tapit) ran when winning the 2016 GI Metropolitan H.

Flightline was given a 126 Beyer figure. That is the second fastest Beyer number ever, trailing only the 128 that team gave to Ghostzapper (Awesome Again) when he won the GIII Philip H. Iselin H. at Monmouth Park in 2004.

Even though he gave Flightline the fastest number he has ever given to a horse, Jerry Brown, who owns Thoro-Graph, said he chose to err on the side of caution and that had he not the figure would have been much faster.

“When I first looked at it I could have given this horse a much better number,” he said. “There were only two dirt routes on the card and neither had big fields. When substantial proportions of those fields don't fire you're left to make figures off a very small number of horses. That makes it difficult. If I had the other horses he beat running anywhere near what they usually run he would have gotten a negative 11 1/2.

“As a figure-maker, you have to sometimes decide which scenario is most likely. You're already going to give a horse the best number of all time, even if I did it the way I did it. You have to decide which is more likley, that several other horses he ran against did not fire or they did fire and Flightline ran a figure that would be like breaking the sound barrier or a human running a three-minute mile. If you give a horse a minus 11 1/2 you're talking about Bob Beamon stuff. (Beamon shattered the record for the long jump in the 1968 Olympics in Mexico City, breaking the old record by nearly two feet). That was my choice, go with a figure that would have been the sort of thing that happens once in a billion or have several horses that ran behind him, ones who are usually pretty consistent, just not run their race.  I chose to go the way I did and he still wound up getting the best figure of all time.”

Brown said that if Flightline runs another sensationally fast race in the GI Breeders' Cup Classic he may take another look at the Pacific Classic number.

“If he wins the Breeders' Cup and it looks again like the figure should be a minus 11 1/2, I'll give him a minus 11 1/2,” he said. “That would also make me go back and look at the Pacific Classic again. We do review races.”

While Brown has no problem rating Flightline's Pacific Classic as one of the greatest performances ever in racing, he will be picking against the 4-year-old in the Classic. One of the theories behind the Thoro-Graph numbers is that very fast performances take their toll on a horse.

“If you look historically at the horses that have run almost this fast, a couple of them, Midnight Lute (Real Quiet) and Ghostzapper, held it together,” he said. “But if you look at horses who have run very fast, either relative to what they have done before or relative to the breed, where they have run a figure that is incredible compared to the rest of the horses out there, these horses generally don't hold together. That doesn't always necessarily always manifest itself in the same way, but it usually manifests itself in some way. And you're dealing with a horse here who, apparently, has enough issues that he's only made a few starts. So the question is what happens now? People say there is plenty of time between now and the Breeders' Cup. Yes. But there's also plenty of time for things to go wrong. A lot of training will take place between now and then. A race is not the only place where a horse could get hurt.”

Brown bet against Flightline in the future wager bet for the Classic.

“I spread out a fair amount in the future wager,” he said. “He's odds on and I don't think he's 1-2 to make the race. That's not to say that he's an unsound horse or anything like that. It's just that horses generally don't survive running that fast.”

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