MHBA Announces New Incentives, Awards for Steeplechase Horses

The Maryland Horse Breeders Association (MHBA) Board of Directors recently voted unanimously to begin an award program for Breeder, Owner and Stallion bonuses for registered Maryland-breds at sanctioned steeplechase race meets in Maryland. Beginning in 2022, registered Maryland-bred horses that run first, second or third will receive 30% on purses earned at National Steeplechase Association-sanctioned meets in Maryland. This program is modeled on the current bonuses paid to Maryland-breds that run at Laurel Park, Pimlico Race Course and Timonium.

The five meets that qualify for this program this year are: My Lady's Manor, Grand National, Maryland Hunt Cup, Fair Hill, and Legacy Chase at Shawan Downs. The bonus applies to NSA-sanctioned steeplechase and flat races with listed purses at Maryland meets. Bonuses will not apply to training flat races.

“We believe this program rewards those Maryland-bred horses that have successful careers over jumps and the people who breed, own and race them here,” said Richie Blue, Jr., MHBA president. “This community is an important part of Maryland's horse industry. Much of the land that is called 'horse country' is due to their vision and efforts to preserve green space.”

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Report: Baffert Threatens to Sue Churchill Over Derby Ban

According to a report in the New York Times, Bob Baffert has threatened to sue Churchill Downs and its CEO Bill Carstanjen if the track does not lift a two-year ban that will keep the trainer from competing in the 2022 and 2023 runnings of the GI Kentucky Derby.

The ban was put into place after Medina Spirit (Protonico) tested positive for the substance betamethasone following his win in last year's Derby. In addition, Churchill is not awarding any points to Baffert-trained horses who compete in preps for the Derby and the GI Kentucky Oaks. Baffert trains Corniche (Quality Road) who will be named 2021 2-year-old champion, and is the early favorite for the Derby.

The news broke at about the same time that a tweet from the Churchill Downs public relations department was posted that read: “CDI is committed to protecting the integrity and future of the racing industry–for the horses, our fans, our partners, our team members and the betting public. No one is above the rules, including Mr. Baffert, and we remain intent on holding him accountable for his actions.”

The Times acquired a complaint in which Baffert contends that his due process rights were violated by the ban and that his exclusion from Churchill Downs and the Derby is unlawful.        According to the Times, Baffert is seeking a preliminary injunction that will allow him to race at Churchill and other tracks owned by Churchill Downs and end the practice of denying his horses qualifying points for the Derby and Oaks. Baffert is also seeking millions of dollars in compensatory and punitive damages.

Generally, the courts have upheld the rights of privately owned racetracks to ban participants when the track determines their participation is not in the best business interests of that racetrack.

Baffert's motion has yet to be filed.

Carstanjen told the Times that Baffert's threatened case was “completely meritless” and that on Apr. 7, 2021, Baffert signed an agreement–as the track requires all horse trainers to do–that he would follow its conduct and medication rules.

“This threatened lawsuit is yet another tactic from Mr. Baffert's well-worn playbook of obfuscating the facts, inventing excuses to explain positive drug tests and attempting to blame others to avoid responsibility for his own actions,” Carstanjen told the Times. “We are considering any and all legal options available to us to set the record straight and ensure Mr. Baffert is held accountable for all the reputational damage he has caused us. The irony is not lost on us that despite all of his violations, he is the one threatening to file lawsuits claiming to be aggrieved.”

Carstanjen did not rule out countersuing Baffert.

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Fishman Adds Lawyer Known for Defending Controversial Clients

An attorney who has been in the headlines for defending high-profile clients such as the convicted pedophile Jeffrey Epstein, the convicted NXIVM “sex cult” leader Keith Raniere, and the convicted Mexican drug lord and murderer Joaquin “El Chapo” Guzman Loera on Monday got added to the legal team for Seth Fishman, the indicted Florida veterinarian whose trial in the nationwide racehorse doping conspiracy case begins Jan. 19.

The New York-based lawyer Marc Fernich, who has extensive experience defending clients in the United States District Court (Southern District of New York) venue where Fishman's trial will commence, announced his appearance as co-counsel with a Jan. 10 filing in that court.

Fishman is charged with two felony counts related to drug alteration, misbranding, and conspiring to defraud the government.

Last month, Fishman was called before Judge Mary Kay Vyskocil to answer allegations made by prosecutors that he was still selling purportedly performance-enhancing drugs (PEDs) even as he prepared to face a trial related to the sale of many of those same substances. At a bail revocation hearing, Fishman was ordered to surrender all of the substances stored at his Boca Raton business, but the judge stopped short of revoking his pre-trial release privileges.

Fernich, according to the bio on his firm's website, specializes in the study of legal precedents in intense regulatory environments. This expertise “enables Fernich to construct subtle, novel and creative arguments that other attorneys may miss” and it centers on “sophisticated appeals and legal motions that can toss charges at the trial level or pave the way for future appeals.”

Lisa Giannelli, whom the feds allege ran an online sales business called Equestology that was closely related to Fishman's venture, will also go on trial at the same time as Fishman.

Six of 27 defendants named in the original indictment have now been sentenced after pleading guilty to charges in the federal government's prosecution of an alleged “corrupt scheme” to manufacture, mislabel, rebrand, distribute, and administer PEDs to racehorses all across America and in international races.

Giannelli and Fishman will be the first to push their cases to a trial. The indicted former trainer Jason Servis, the highest-profile of the remaining defendants, is in a third trial grouping that does not yet have an assigned court date.

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Volatile Sires First Foal

Brilliant GISW Volatile (Violence–Melody Lady, by Unbridled's Song) has sired his first foal, a filly, born at Mallory Farm. Bred by Torie Gladwell out of the winning mare Jeweled (Sidney's Candy), the chestnut hails from the female family of GI Kentucky Oaks heroine Summerly. “We sold her dam, who was drop dead gorgeous, to Bob Baffert as a yearling,” said Gladwell, also of Top Line Sales. “We were fortunate enough to be able to get her back. The filly has the same qualities as the mare, great looking, well balanced, full of substance, with a ton of class.  We couldn't be more delighted.” Volatile stands at Three Chimneys, where he will command a fee of $15,000 LFSN in 2022.

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