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Blacker Issues Statement, Accepts Responsibility For Not Following Rules Regarding Pre-Workout Exams

Trainer Dan Blacker, who has been charged by the California Horse Racing Board with failing to comply with regulations that require that a horse undergoes a veterinary exam within 72 hours of a workout and that the work is entered into a CHRB database, has issued a statement in which he said he takes “full responsibility” for not following the rules.

The issue came to light when an unraced Blacker-trainee named Animae (Speightstown) suffered a fatal injury after a July 1 workout at Santa Anita. The CHRB investigated and found that no pre-workout report on Animae had been filed within three days of the work and that veterinary reports were also not filed for two of three workouts by the filly prior to the July 1 work. The 2-year-old suffered a fatal musculoskeletal injury to her pelvis and vertebrae.

“During a horse-fatality investigation for the horse Animae,” the CHRB complaint read, “it was found the horse did not have an examination by his attending veterinarian entered into EquiTAPS database during the 72 hours immediately preceding an official workout. Three out of the four official workouts listed for Animae did not have a veterinarian exam listed, including the official workout when the horse suffered the fatality.”

Blacker wrote that Animae is the only horse under his care to suffer a fatal injury. He has been training since 2011.

After a further investigation, the CHRB discovered that from Jan. 1, 2002, when the rule requiring horses to undergo a vet's inspection prior to a workout went into effect, to July 1, 2023, Blacker-trained horses worked 789 times but veterinary reports were not filed for 527 of those workouts.

On Saturday, Blacker posted a statement to his X account, writing that he had always been careful to make sure his horses were properly examined before working out.

“I want to make it clear that I am in contact with my veterinary team daily,” he wrote. “We jog up every horse, every day before they go to the track. The horses in training are thoroughly evaluated by myself, my team and my veterinarian on a daily basis.”

He wrote that after Animae broke down, he learned that his pre-work procedures did not comply with CHRB rules.

“Subsequently, I learned that our long-established procedures, while complying with Santa Anita workout rules were not always in line with the California Horse Racing Board rule regarding pre-workout inspection and reporting,” he wrote. “As soon as I was made aware, we immediately began to operate in compliance with the rule.”

Despite implying that he thought he was doing everything by the book, Blacker admitted that he now understands that he may have been in violation of CHRB rules.

“I take full responsibility for this matter and the consequences it will bring forth,” he said in the statement. “I stand firm in saying that all the horses in my program have always received the highest level of care.”

CHRB spokesman Mike Marten told the Paulick Report that the regulators have filed 18 complaints regarding workout and pre-race veterinary checks since the rule went into effect. According to Paulick, stewards have primarily opted to fine violators of the rule, with amounts ranging from $100 up to $1,000 for multiple violations.

Blacker, 41, has 120 career wins from 840 starters. His biggest win came in the 2021 GI Kilroe Mile S. with Hit The Road (More Than Ready).

According to the Daily Racing Form, a hearing into the Blacker matter was originally scheduled for Oct. 13 but has been postponed.

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Feds Skewer Fishman’s Attempt to Avoid $13.5M Forfeiture

Federal prosecutors told a judge Friday that convicted veterinarian Seth Fishman's recent claim of illegality regarding the $13.5 million forfeiture imposed upon him “is predicated on a number of unfounded and easily disprovable presumptions.”

Fishman, who is currently imprisoned in Florida but appealing his 11-year sentence for two felony drug-supplying convictions in a decades-long international racehorse doping conspiracy, had stated in a Sept. 12 filing that the forfeiture order signed by the judge back on July 11 “is not authorized by statute and is therefore unlawful in its entirety.”

A response filing Sept. 30 by the legal team that successfully prosecuted Fishman stated that, “In arguing that the Food, Drug, and Cosmetic Act (FDCA) does not authorize forfeiture, the defendant elevates form over substance, ignores past precedent, and, in so doing, deliberately misreads the FDCA and several applicable forfeiture provisions to reach the defendant's desired outcome of avoiding forfeiture altogether.”

The filing by the feds also noted that at the time of his sentencing, “then-counsel for Seth Fishman contended that he wished to contest the amount of the forfeiture money judgment, not the basis for forfeiture itself.”

But shortly after his sentencing date, Fishman hired a new lawyer who now “wishes to revisit the availability of forfeiture entirely.” That new legal tactic has no merit, prosecutors contended.

“The defendant's strained reading of the law provides no support for his view that forfeiture is 'unlawful' in this case,” the government attorneys wrote.

Forfeiture “is lawful and mandatory; consequently the Court's forfeiture order entered at Fishman's sentencing should be left undisturbed,” the prosecutors wrote.

“The defendant argues in passing that the Government has not demonstrated that Fishman 'actually acquired' any forfeitable property,” the feds wrote. “The evidence that Fishman, the owner-operator of [the drug company] Equestology, controlled the adulterated and misbranded drugs subject to the forfeiture action is undisputable. So long as the defendant had control over the forfeitable property, which he did, he has acquired that property…”

Fishman had argued otherwise, writing in the Sept. 12 filing that “Misbranding is not a forfeiture crime. The misbranding statute under which the government seeks forfeiture against Dr. Fishman…only permits the government to confiscate the misbranded or adulterated products themselves and any equipment used to manufacture those products.”

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Rural Vet Crisis: Minnesota Vet Seeks To Give Away Clinic, Truck

Dr. Robert Bogan, 74, is sweetening the pot for any veterinarian who might consider working in rural Faribault County, MN, when he retires. He's giving away his practice, his clinic (equipment included) and his truck.

The 220-square mile county has 14,000 people and just one veterinarian — Bogan, who has been trying to retire for years. Bogan and a group of community leaders have been working together to try to find another veterinarian to care for the animals, which include everything from cattle and horses to dogs and cats.

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In addition to Bogan's practice, Faribault County is trying to make the job even bette. The county is enrolled in a federal program that forgives up to $150,000 in student loans for vets who work in the county for six years.

Still, not one person has come forward to take the deal. The issue facing Faribault County is not unusual, as large portions of rural United States are in a veterinary shortage. More lucrative clinics in urban and suburban areas with regular shifts and no emergency duty are a siren song to many graduating vets, many of whom don't want to launch their own small business right away.

Having no veterinarian in the county during emergencies, like a cow in distress during calving, can hurt the bottom line for farmers in the area whose livelihood depends on their animals. Currently, the county is hopeful that Leyton Becker, who has recently finished his first year of vet school at the University of Minnesota, will come home to help. Becker is currently interning with Bogan.

Becker is from the area and was raised on a hog farm, so he understands the pressures of the job and what it entails. When Becker graduates, Bogan will be 77.

A Focused Strategy Needed To Prevent Veterinarian Burnout

Many veterinarians feel pressured to be on call for their clients round the clock, especially if they're one of the only equine caretakers in the area. Vets are often called out for an after-hours “emergency” that turns out to be a non-life threatening situation that could have been resolved during normal business hours. That constant hustle is taking its toll on many veterinarians, so many are trying to provide guidance on how to reduce burnout.

EquiManagement suggests there are some ways to alleviate this near-constant pressure, including working for (or opening) a multi-doctor clinic or collaborating with other practices in the area to share the on-call burden. Young veterinarians are often eager to take on emergency cases and the sharing of the caseload offers older vets a unique opportunity to mentor younger colleagues.

Additionally, being forthcoming with clients about professional boundaries can assist vets in regaining a work-life balance. While discussing new “office hours” for an equine veterinarian may feel uncomfortable in an already-established practice, loyal clients often stay loyal – they just want to be kept in the loop. Offering customers alternatives should be a priority; this could be as simple as providing phone numbers for another veterinarian who is available for after-hours care. Adjusting the time in which a vet practices (which might include later openings and closings) is another option to remain available for clients, yet regain the opportunity for some down time.

The option to treat only equine emergencies is another possibility to avoid burnout. After-hours emergency care is often more financially lucrative than dealing only with cases seen during the day.

Seeking to educate owners on what a true emergency is can also go a long way to alleviating the possibility of burnout for veterinarians in general. An emergency situation is scary for many owners; reassuring clients that reaching out via text, email or phone call is always OK leaves them feeling less alone.