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Capensis, $2-Million Son of Tapit, Scores in Virginia Derby

On paper, Eclipse Thoroughbred Partners, Robert LaPenta and Gainesway Stable's Capensis (Tapit), a $2-million Keeneland September yearling purchase and impressive debut winner at Belmont early this summer, was the most lightly-raced yet still appeared to be among the top contenders in Colonial's GIII New Kent County Virginia Derby Tuesday evening. Backed down to 8-5 favoritism while stepping up to graded company following a sixth in a Saratoga allowance July 30, the flashy grey swept from off the pace late, and despite running greenly in the stretch, took home the lion's share of the $300,000 pot. Breaking evenly from post 10, the Todd Pletcher trainee was content to be settle back early as Vance Scholars (Holy Boss) went to the front with dual British Group 2 winner Royal Patronage (Fr) (Wootton Bassett {GB}), Catnip (Kitten's Joy) and GII Penn Mile victor Wow Whata Summer (Summer Front) all within three lengths of a moderate pace. While Joel Rosario tried to contain the headstrong Royal Patronage through a :23.24 quarter, Irad Ortiz Jr. found a much easier time of it as his mount Capensis lingered in sixth as the pacesetter carved out a :47.62 half. With three furlongs left to run, the leading rank began to constrict as Capensis began to pick up the tempo, picking off rivals heading to the quarter pole. In the meantime, leaders Catnip and Royal Patronage battled for supremacy, and while the former gained a slight advantage straightening for home, the steely grey swept out wide turning for home and loomed large down the center of the track. Despite veering in sharply, and then reacting to a left-handed whip to drift outward in the stretch, Capensis proved he was clearly the best of the rest, crossing the wire 2 1/2 lengths over California Frolic (California Chrome) with Limited Liability (Kitten's Joy) getting up for third.

Fresh off another riding title at the recently concluded Saratoga meeting, Irad Ortiz Jr. came away with five wins on Colonial's Virginia Derby Day card.

Capensis was sent off at what now appears to be an overlay at 5-1 in his debut going 1 1/16-miles at Belmont July 2 and quickly showed his class, rolling home an emphatic five-length winner over next out winners Running Bee (English Channel) and Sosua Summer (Summer Front). Rightly bet down to even-money favoritism in his latest start at the Spa, he faced some obstacles but still managed to finish a close-up sixth.

Pedigree Notes:

With his Virginia Derby victory, Capensis becomes the 155th black-type winner and 97th graded winner for Gainesway's leading sire Tapit. The bottom side of the colt's pedigree is no less impressive with 'TDN Rising Star' Tara's Tango (Unbridled's Song), a three-time graded winner including the GI Santa Margarita S. A half-sister to GISW Visionaire (Grand Slam), GSW & MGISP Scarlet Strike (Smart Strike) and GSW Madison's Luna (Tapit), the winner's dam has a juvenile colt by Curlin and a yearling by Quality Road.

Campaigned by her breeder Stonestreet Stables, Tara's Tango hit paydirt quickly as a broodmare when her first foal, a colt by Medaglia d'Oro, brought $2.15 million at Keeneland September in 2019. The following season, Eaton Sales consigned Capensis, who topped the covid-impacted 2020 renewal of the Keeneland September sale.

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Summer Wind to Retain Yearling Half-Brother to Flightline

Following Flightline (Tapit)'s jaw-dropping victory in the GI Pacific Classic at Del Mar Saturday, breeder Jane Lyon of Summer Wind Farm has decided to withdraw the star colt's half-brother by Curlin from next week's Keeneland September Yearling Sale. The yearling, who is named Eagles Flight, had been catalogued as hip 243 with the Lane's End consignment.

“I had a feeling when Flightline did what he did [in the Pacific Classic] that it was going to be pretty hard for her to part with him,” said Lane's End's Bill Farish, confirming the news first reported in Blood-Horse. “It's disappointing not to be able to sell him, but we totally understand the decision to keep him.”

Farish continued, “[Lyon]'s been on the fence for a long time about selling him. She loves all of her horses, but every year there are a few that really grab her. And this one always has. It's tough because she loves to sell them well, too, but this is one that is just hard to part with.”

Flightline is out of multiple Grade I placed Feathered (Indian Charlie), who was purchased by Summer Wind for $2.35 million at the 2016 Keeneland November sale. The mare produced a filly by Into Mischief this year and was bred back to Tapit.

Feathered's 3-year-old colt by Pioneerof the Nile, Voron, was exported to Russia after selling for $100,000 at the 2020 Fasig-Tipton October sale, and her 2-year-old colt by Tapit, Olivier, RNA'd for $390,000 at last year's Fasig-Tipton Saratoga sale. Olivier worked five furlongs in 1:02.20 (17/27) at Keeneland last Friday.

Flightline, who races for a partnership which includes Summer Wind, as well as Hronis Racing, Siena Farm, West Point Thoroughbreds and Woodford Racing, sold for $1 million at the 2019 Saratoga sale.

Asked to compare the yearling to Flightline, Farish said, “They are both outstanding colts. This colt has a lot more Curlin in him. He is a stronger-made–not that Flightline's not–but Flightline is longer and this is more of a Curlin type. But he is really an outstanding-looking individual.”

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New Court Filings in Zayat Bankruptcy Proceedings

The trustee overseeing owner, breeder Ahmed Zayat's personal bankruptcy proceedings made several court filings Tuesday to recover roughly $90,000 in allegedly fraudulent payments to various law firms.

According to the court filings, Zayat was insolvent at the time the transfers were made, and therefore, the law firms who are the defendants in the suits received more than they would have done through the Chapter 7 bankruptcy proceedings “had the Transfer[s] not been made.”

Trustee Donald Biase alleges in his court filings that the largest transfer of money Zayat fraudulently made was $42,812.32 to Rabinowitz, Lubetkin and Tully.

Zayat also made separate $20,000 payments to law firms Landrum & Shouse and Lavely & Singer respectively, and another $7,500 to Becker & Poliakoff, the suits allege.

Biase suggests that the monies stipulated might not be the total amounts Zayat allegedly paid to each company, his attorney writing in all filings that Biase is seeking to recover both the stipulated transfers “and such other Transfers that may be unknown to the Trustee.”

TDN reached out via email to each of the law firms listed as defendants in the filings but didn't hear back from any before deadline.

When reached by phone Tuesday, Zayat declined to comment.

This latest round of legal crossfire constitutes just the latest twist in a long, complicated and often-times convoluted war of financial attrition, as creditors have sought to reclaim millions from Zayat and his now-disbanded Thoroughbred racing and breeding stable, one most famously attached to 2015 Triple Crown winner American Pharoah.

In his own Chapter 7 filing in 2020, Zayat admitted to owing some $19 million to 132 non-secured creditors, the majority of whom consisted of Thoroughbred trainers, horse farms, bloodstock businesses, veterinarians, and equine transportation companies.

Towards the end of last month it appeared as though events had drawn to a close with the approval of two settlement plans in separate bankruptcy cases. Neither settlement delivered significant compensation to these 132 non-secured creditors though.

In Zayat's personal bankruptcy case, the trustee in June negotiated a $1.5 million settlement to be paid by the debtor's brother, Sherif Zayat, one which allows Zayat and his family to continue to live in an eight-bedroom, 7,714-square-foot home in Teaneck, New Jersey, that is currently assessed at $2.6 million.

In July, the court-appointed trustee in the involuntary bankruptcy case negotiated a settlement in which Zayat and his family members divvy up $5 million between MGG Investment Group and the trustee.

MGG is the lender that alleged in a 2020 lawsuit that Zayat and his family members fraudulently obtained $30 million in loans, then never repaid a large chunk of that debt.

Of that Zayat Stables settlement, only $30,000 was earmarked for the unsecured creditors who are legally much further down the payment ladder of priority.

In each of the court documents filed Tuesday, Biase seeks judgment against the defendants “for the avoidance and recovery” of the amounts allegedly transferred, for the defendants “to immediately pay to the Trustee the sums owed,” the interest owed and costs of suit, and “for such further relief as the Court may allow.”

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OBS October Yearling Sale Catalog Online

The catalog for the Ocala Breeders' Sales Company's 2022 October Yearling Sale is now available via the OBS website at www.obssales.com. The two-day sale is set for Tuesday and Wednesday, Oct. 11 and 12. Supplemental entries will be accepted until Sept. 23. To view the sale page, click here.

OBS will offer Online Bidding during the October Sale. Buyers will be able to go to the OBS website and register to gain bidding approval, then access the OBS Bidding Screen with their credentials. For complete information on registration and online bidding please go to the OBS website: obs-online-bidding.

The iPad version of the catalog can be accessed via the equineline Sales Catalog App. The App allows users to download and view the catalog, receive updates and results, record notes and also provides innovative search, sort and rating capability.

For more information, visit obs@obssales.com.

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