KEEP Begins Youth Grant Program

The Kentucky Equine Education Project (KEEP) Foundation has launched a youth grant program in order to help support youth who want to become involved with or continue their involvement in the equine industry. Youth grants of up to $500 are available to individuals ages 21 and under who want to attend an equine educational opportunity in Kentucky.

“We are excited to provide this opportunity to Kentucky's youth,” said Alexandra Harper, executive director of the KEEP Foundation. “The equine industry depends on the next generation of equine enthusiasts to become involved as much as possible, and the KEEP Foundation wants to make sure that a variety of industry pathways are available to our youth and a lack of financial support doesn't keep them from participating.”

The application period for the KEEP Foundation Youth Grant opens June 1 and closes July 29. The application and more information can be found here.

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Records Fall as F-T Midlantic Sale Concludes

TIMONIUM, MD – With a $3.55-million son of Bernardini providing the auction's biggest fireworks, the Fasig-Tipton Midlantic 2-Year-Olds in Training Sale concluded another record-setting renewal in Timonium Tuesday.

At the conclusion of business, 391 horses had sold for a gross of $37,297,700–bettering the sale's previous high mark of $33,692,000 set just last year. The average of $95,391 was another record, bettering the mark of $94,375 set last year. The median dipped to $47,000, just 6% off the 2020 record of $50,000.

“Last year was such a wow year and, when I come to the next year, I always ask, can we exceed what we did last year,” said Fasig-Tipton Midlantic Sales Director Paget Bennett. “And we certainly blew it out of the park. Next year could be tough. We are tickled to death with records for average and gross and record price for a horse sold in Maryland.”

The median was the auction's only statistic to fail to surpass its 2021 high-water mark.

“The middle market was a little tough,” Bennett admitted. “People were commenting that they couldn't sell a horse for $40,000 or $50,000, but they were selling them for $20,000. And then they were selling for $100,000 or $200,000. That was a surprise and some people asked where were the Maryland trainers. I guess they felt some were missing.”

Some buyers stepped in to take advantage of the softer middle market. David Meah of Meah/Lloyd Bloodstock was pleased with the six horses he is taking home from Timonium.

“I found a lot of very nice horses here,” Meah said. “It's a great sale. I think the market has leveled out a little bit, so it's a bit easier to buy, which is great for me personally. We managed to buy six so far, so we've been very happy with the market and what was on offer here.”

Meah continued, “It's been extremely hard to buy for the last 12, even 18 months, but I think it's just diluted a little bit now, come May. I found it a lot easier to buy horses this week.”

Raul Reyes's Kings Equine sold 25 of 33 horses through the ring this week and enjoyed a number of pinhooking scores.

“I think the market was great,” Reyes said.

Of a potentially soft middle market, he added, “It's been that way ever since I can remember.”

With an eye-catching :9 4/5 bullet breeze, hip 385 was no secret when he entered the sales ring Tuesday and when the dust had settled after a bidding duel between West Point Thoroughbreds and Gary Young, Young had secured the youngster for Amr Zedan for a sale record $3.55 million. The colt was the most expensive Thoroughbred ever sold at public auction in the state of Maryland, bettering the previous record of $1.8 million set by Gamine at the Midlantic auction in 2019. It was the eighth straight year that the Midlantic sale had produced a seven-figure juvenile.

“It just goes to show people can feel confident about bringing that type of horse to the marketplace here in Maryland,” Bennett said of the record colt. “My goal has always been to have two seven-figure horses, but I will take a $3.55 million one. I hope we get him on the cover one day.”

Bernardini Smashes Records in Timonium

A colt by Bernardini (hip 385), who advertised himself with a :9 4/5 work last week, ignited a bidding duel between West Point Thoroughbreds and bloodstock agent Gary Young in the Midlantic sale ring Tuesday. Young, doing his bidding out back while standing alongside advisor Charlie Boden and trainer Bob Baffert and on the phone with Saudi businessman Amr Zedan, answered every bid from the West Point team doing its bidding at the back of the pavilion to ultimately secure the colt for a sales-record $3.55 million.

“Obviously we thought he was a standout and other people did as well,” Young said. “Mr. Zedan was on the phone with me. Originally, we were going to go to $2.5 million, but he just kept answering. He said, 'Up to $2.5 million, it's yours. After that, you've got to have me on the phone.' I kept asking and he kept answering.”

The juvenile was consigned by Becky Thomas's Sequel Bloodstock on behalf of his breeders Chester and Mary Broman. He is out of G Note (Medaglia d'Oro), a daughter of graded winner Seeking the Ante (Seeking the Gold) and half to stakes winner Mineralogist (Mineshaft), as well as to the dam of this year's GII Rebel S. winner Un Ojo (Laoban).

“He did everything,” Young said. “He went :9 4/5 and in the videos, sometimes horses when they straighten up the backstretch they are pretty well spent, but he just kept firing up the backstretch. His third furlong was super.”

On behalf of Zedan, Young purchased a son of Uncle Mo (hip 206) for $2.3 million and a colt by Justify (hip 11) for $600,000 at the OBS Spring sale last month. At the Fasig-Tipton Gulfstream, Zedan purchased a colt by Nyquist (hip 62) for $700,000.

All four purchases reflect Zedan's desire to get back to the GI Kentucky Derby, where he was represented last year by the ill-fated Medina Spirit (Protonico).

“You don't think of Bernardinis as :9 4/5 horses, as much as he's been a good sire for a long time, you think of horses that run longer,” Young said. “And that's what Mr. Zedan wants. He has Derby fever. That's his main focus. We will know in about five or six months how this turns out.”

Young said Tuesday's acquisition would likely conclude Zedan's 2-year-old purchases this year.

Hip 385 is the most expensive Thoroughbred sold at public auction in the state of Maryland, surpassing the $1.8 million set by Gamine at this sale in 2019. It was the eighth consecutive year that a horse selling at the Midlantic 2-year-old sale sold for seven figures.

Longtime New York breeders, the Bromans began selling select offerings as part of an estate planning program four years ago. The planning got a jump start with the $2-million Chestertown (Tapit), who topped the 2019 OBS March sale and is campaigned by a partnership that includes West Point Thoroughbreds and the Bromans themselves. Chestertown's half-brother by Into Mischief sold for $1 million at this year's March sale.

“It's huge,” Sequel's Carlos Manresa said of Tuesday's record-setting result. “It just goes to show how much the Bromans can be rewarded for the time that they have put into breeding these mares and keeping these families. It's especially wonderful to have Mr. Broman here for the sale. Whenever we feel like we have something that we think is really going to be exciting, he likes to be here for it. This was certainly an event that called for him to be here.”

Describing the colt's progression, Manresa said, “He's always been really calm around the barn. He is really well behaved and really well mannered. He gallops so calmly, but when we asked him to go fast, he went really fast.”

The colt became the first horse in a decade to shade :10 at the Maryland State Fairgrounds when he worked during last week's under-tack show.

“We knew he would go fast, we just didn't know he'd go quite that fast,” Manresa admitted. “We never expected a :9 4/5, but we were very pleased that he gave it to us.”

Manresa said the result was gratifying for the entire Sequel team.

“Any time you can be part of a horse that brings seven figures, it's really special,” he said. “Not just for me, but for everyone at the farm. Everyone is watching from home and they are all texting me and congratulating us, from the grooms, to the guy who does our track, to the blacksmith that does his feet every month. It's a wonderful team.”

Patience Pays for Kinder

Breeders Ralph Kinder and Erv Woolsey had no hesitation when taking home their American Pharoah filly (hip 443) after she RNA'd for $145,000 at the OBS March sale following a :10 1/5 work over the synthetic surface in Ocala. Rerouted to Maryland, the filly worked a furlong in a bullet :10 flat over the dirt last week and rewarded the partners' decision when selling for $500,000 to trainer Cherie DeVaux.

“She did not like the surface down there, she didn't relax over the surface,” Kinder said of the OBS work. “She's a better horse on the dirt. She galloped out great here and her video was off the chart.”

The filly is out of Jordan's Henny (Henny Hughes), who won the 2018 GIII Hurricane Bertie S. and placed in four additional graded races for Woolsey and Kinder, and is a third generation product of their breeding program.

“We raised her and still have her granddam–all three generations–that's the third generation,” Kinder said. “We were a little hesitant to sell her because we race as well.”

Asked why the partners had decided to sell the filly, Kinder laughed and said, “Economics.”

Another Filly for Black Type Team

The Black Type Thoroughbreds partnership has already had success buying gray fillies from Ciaran Dunne's Wavertree Stables consignment and went back to that formula when purchasing a daughter of Malibu Moon (hip 487) for $500,000 Tuesday in Timonium. The group, founded by Jake Ballis, purchased Grade I placed Up in Smoke (The Big Beast) for $230,000 at the 2019 Fasig-Tipton Midlantic sale.

“We love fillies,” Black Type's Maddie Mattmiller said after signing the ticket on the filly alongside Ballis and television personality Jonathon Kinchen, a newcomer to the partnership. “We have had good luck with gray fillies off of Ciaran Dunne. He has always given us good advice when we've found one we like over there.”

Hip 487 is out of Lorelei True (Unbridled's Song), a half-sister to graded winner Sparky Ville (Candy Ride {Arg}). The juvenile's third dam is Win Crafty Lady (Crafty Prospector), who produced Harmony Lodge, Graeme Hall and Win McCool.

“She was a big filly with a ton of leg under her,” Mattmiller said of the filly's appeal. “She looks like she can go two turns. She carried herself well and she has good pedigree behind her, out of an Unbridled's Song mare.”

The Lehigh Bloodstock pinhooking partnership that includes Dunne and Kirk Wycoff purchased the filly for $110,000 at last year's Keeneland September sale.

A newcomer to the Black Type partnership, Kinchen also teamed up with Ballis and Mattmiller to purchase a colt by Mosler (hip 454) for $165,000 earlier in the session.

“I've known Maddie and Jake for a long time, so when I decided to do this, I was obviously going to do it with their guidance,” Kinchen said. “We are excited about it. [Hip 487] will go to New York and likely be with George Weaver. We can keep an eye on her all summer while we are up in Saratoga. It should be a lot of fun.”

Mattmiller added, “We love Jonathon's support. We are excited to have him in the Black Type team. We have a good group of guys, so Jonathon only adds to that excitement.”

Reyes Scores With Bolt d'Oro Colt

Raul Reyes of Kings Equine cashed in on the popularity of first-crop sire Bolt d'Oro Tuesday in Timonium when selling a colt by the Spendthrift stallion (hip 364) for $500,000 to Holly and David Wilson. Reyes purchased the youngster for $40,000 at last year's Keeneland September sale.

“He looked really nice, very strong and very handsome,” Reyes said of his initial impressions of the colt. “I got lucky. He was late on a day in the sale and I had a chance to buy him right. He kept developing the right way. He got bigger and he never went the other way.”

Out of Australian stakes winner Forever Discreet (Aus), the dark bay colt worked a furlong in a bullet :10 flat during last week's under-tack show.

“Every year, I try something different,” Reyes said of his approach to the Maryland sale. “You don't always hit it. I brought the Bolt d'Oro, a first-year sire, and he did great. You never know what horse is going to work out. Just when you think you've got it, it goes different.”

Eight juveniles by Bolt d'Oro sold at the two-day auction for an average of $309,625, topped by a $675,000 colt sold by Pike Racing to Spendthrift Farm and Frank Fletcher Racing during Monday's first session.

 

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Hasting Inspector Charged with Taking Bribes

A racetrack and gaming inspector for the province of British Columbia is due in a Vancouver court May 26 to answer to 36 breach-of-trust and bribery charges that allege he took money from Hastings-based trainers in exchange for supplying fake racing licenses so Mexican nationals without work permits could be employed as grooms.

Canada's CBC News first broke the story Tuesday, citing information contained in a search warrant involving Darren Scott Young. The investigation dates to 2018, and was fleshed out after sources came forward to the government when immigration officials raided the Hastings backstretch in August 2019.

According to the CBC report, Young-who has been employed by the province's Gaming Policy and Enforcement Branch since 2005 and previously worked as a security guard at Hastings-is accused of “falsifying information on registration and licensing documents and substituting names and photos of illegal workers onto existing horse racing licenses.”

Young's other alleged method of operation involved registering Mexicans who were in British Columbia on tourist visas as Thoroughbred owners, a capacity that does not require the submittal of a work permit. Then he purportedly went back into the online system after the license was issued to change the occupation to groom, thus getting around the requirement to produce a work permit at the time of licensure.

“It is common knowledge at the Hastings Racecourse that the horse trainers pay Young unknown sums of money to facilitate the fraudulent issuance of horse racing licenses to foreign nationals,” one unnamed source is quoted in the court documents obtained by CBC. “Young has been getting kickbacks from trainers for a long time for getting people horse racing licenses.”

CBC reported that a different source-an unnamed trainer-told investigators that Young tried to cover his alleged falsifications by telling people on the backstretch he was simply acting as a middleman who took foreign workers to a lawyer's office for the completion of legal immigration paperwork.

Young reportedly charged trainers $725 in Canadian funds for this service-claiming that $695 was the attorney's fee and $30 was for the racing license. The illegal licensees then had to pay back the trainers out of their earnings as grooms, the CBC reported.

According to the search warrant, an investigator asked the unnamed trainer if she thought it was “suspicious” that Young wanted the checks made out to “cash” and not the name of an attorney.

“I wondered about that too,” the trainer said. “I did kind of think that was a little odd, but he said it was just easier to do it that way.”

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Baffert: Churchill a ‘Public Park’, Not Private Property

Trainer Bob Baffert, in his attempt to reverse a two-year ban from tracks operated by Churchill Downs, Inc. (CDI), underscored in a May 23 court filing that because CDI in 2002 transferred its flagship Louisville facility to the city and then leased back the land as part of a lucrative redevelopment financing deal, the gaming corporation that controls the GI Kentucky Derby gave up its right to exclude individuals based on private-property rights.

“CDI conveyed the Churchill Downs Racetrack to the City to convert the 'racetrack facility' into a 'recreation park' that 'will be utilized to make horseracing, entertainment, dining, pari-mutuel wagering and other recreational activities available to the public,'” Baffert's legal team argued, quoting from a 20-year-old municipal lease and citing documents that CDI had filed with the Securities and Exchange Commission at the time of the transaction.

“In so doing, CDI declared its purpose to devote the racetrack, the underlying real estate, and the facilities thereon 'to the public use,' which effected a dedication and a forfeiture of exclusion rights,” the filing stated.

According to Baffert's initial complaint, the lease, which runs through 2032, was part of a tax increment financing agreement between CDI, the Louisville/Jefferson County Metro Government, and the Louisville Development Authority.

The city took title to the property, advanced funds to CDI, and designated the track as a “recreation park” within the meaning of Chapter 103 of the Kentucky Revised Statutes. Under the terms of the lease and Churchill Downs's designation as a development area, the track is exempt from taxation by the city “and other political subdivisions in Kentucky to the same extent as other public property used for public purposes.”

Thus, as it applies to the federal lawsuit Baffert initiated Feb. 28 against CDI, its chief executive, Bill Carstanjen, and corporate board chair, Alex Rankin, “Defendants have excluded Mr. Baffert from a municipal park, an action which has regularly been held to be a traditionally exclusive public function,” the filing stated.

“Mr. Baffert has a protected liberty interest in plying his trade at Churchill Downs Racetrack, a public park….” the filing continued. “Mr. Baffert clearly has liberty interests in using public property for its intended purposes and to enjoy it in the manner he is expressly permitted to do by law, and Defendants interfered with those interests.”

The beef over whether CDI is overstepping its power by excluding Baffert from a purportedly public space isn't the only issue that the plaintiff raised in Monday's filing, which took the form of a response to CDI's May 2 motion for dismissing the suit.

Baffert also took umbrage with CDI's alleged restraint of his ability to participate in interstate commerce, CDI's supposed “usurping” of the powers of the state racing commission to police the sport, and a purported “conspiracy” by CDI's higher-ups to “deprive [Baffert's clients] of their freedom to select their chosen trainer for their Derby horses while leaving the licenses of their own trainers unencumbered.”

June 2 will mark the one-year anniversary of CDI's ruling-off of the Hall-of-Fame trainer whose horses have crossed the finish wire first in the Derby a record seven times.

But one of those winners-Medina Spirit in 2021-is facing an under-appeal disqualification from the Kentucky Horse Racing Commission because a post-race test detected an overage of betamethasone.

That failed test, plus Baffert's history of equine drug positives in major races in the year prior to the '21 Derby, were the stated catalysts for CDI moving to exclude him.

“This lawsuit is as meritless as all of his others,” CDI had stated three weeks ago when asking the judge to toss Baffert's suit. “Baffert's claims fail as a matter of law, and this Court should dismiss his complaint in its entirety.”

“Whatever his theory may be, Baffert is wrong in contending that CDI had no right to exclude him,” CDI stated in that motion to dismiss, asserting that legal precedents have established that Churchill Downs is “a private facility” that may “exclude whomever it desire[s] from the track.”

Baffert's filing on Monday reiterated what his lawyers had previously alleged in the initial complaint: “that individuals within CDI entered into an unlawful contract, combination, or conspiracy to exclude Baffert (and, thus, owners who use Mr. Baffert's services) from participating in the market for Derby horses; that members of this conspiracy own and race horses, and that they were the moving force behind the suspension.”

Those actions amount to a smear campaign, the filing implied.

“Over the last year, Defendants have wielded their substantial resources to spearhead a media campaign, to construct a strawman with the likeness of Bob Baffert, and to fashion it a scarecrow. They have defamed Mr. Baffert, impugned his integrity, and accused him (baselessly)
of criminal conduct,” the filing stated.

At a different point, Baffert's filing outlined the purported motives of the alleged CDI conspirators, framing the argument through the lens of the highly competitive quest to win the Kentucky Derby and then reap substantial bloodstock benefits when the champ retires to stud.

“Only a handful of trainers can reliably produce a Derby horse,” Baffert's attorneys wrote. “The operation and effect of this conspiracy therefore deprives the conspirators' competitors of the elite training services offered by Mr. Baffert, decreasing their horses' ability to qualify for and compete effectively in the Kentucky Derby and its qualifying races, and ultimately reducing their horses' value as breeding stock.

“At the same time, the conspirators remain able to utilize the elite training services of their choosing. This restraint opens the door to otherwise-lower-performing horses succeeding in races where they otherwise would have failed, thus inflating their value. In that way, the conspirators' horses' increase in value not because of the superior efficiency of their breeding and training operations but from their control over the facility that determines their horses' values. The special disability imposed on the 'relationships the competitors need in the competitive struggle' is the exact competition-reducing restraint on trade antitrust laws forbid.”

CDI, according to Baffert, is also going against the intent and spirit of the Horseracing Integrity and Safety Act (HISA).

“[B]ecause Defendants attempt to impose conditions on Mr. Baffert's ability to race horses in interstate commerce, federal public policy must be taken into account,” the filing stated. “Congress has created [HISA] and vested it with 'independent and exclusive national authority' over 'anti-doping and medication control matters.' Defendants' conduct would frustrate the express purpose of this Act, which replaces the current entity-by-entity regime with a national set of rules that 'should be uniform and uniformly administered nationally.'”

Baffert's filing also included-without citing the names of any contemporaries-a brief discussion about how his history of overages for permitted therapeutic medications is “comparable to or better than most at his level.”

Baffert also stated how racing's long-standing “absolute insurer” rule that applies to trainers is “a draconian combination of strict liability and assumption-of-risk which neither assigns personal fault nor depends upon any finding of culpability.”

And when charged with an infraction under the absolute insurer rule, how does a trainer defend himself?

According to Baffert's filing. the “only practical defense is to mitigate the inevitable penalty by showing, for example, that the overage was the result of a simple miscommunication, an oversight, or environmental contamination.”

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