It’s one of my favorite horse racing reads and you can follow her posts on her Facebook page too.

Every year Teresa holds a charity fantasy league for the Kentucky Derby. This league is run through the Road to the Roses fantasy site. Teresa does something a little different that the typical fantasy challenge.

Instead of the pot going to the winner, the winner gets to choose a charity to be the beneficiary  All you need to do is enter the fantasy contest and insert the information from the link on the Brooklyn Backstretch page to compete.

Here’s to finding the derby winner!

Governor Andrew Cuomo has announced that he wants to put a full casino on the grounds of Aqueduct Race Track.

Presently Aqueduct is the only race track in New York with a winterized track. Belmont Park, the next closest track to Aqueduct and the likely place to put racing if Aqueduct is closed is not winterized for racing, nor is it enclosed for fan comfort.

It is good to know that the industry is fighting back. It is good to see that we will stand together – breeders, farmers, horsemen, and track management when the issue is important.

This time, the issue is one of survival and we must stand up for an industry we are vested in.  Please join with me and make your voice heard.

The first thing I want to say is thank you to Earle Mack for trying to do the right thing by the horses. By making sure there is a covenant in the bill of sale, Earle did what was responsible and expected to make sure Star Plus did not cause further injury to himself and others. By following up with the racing commissioners, Earle has gone the extra mile. To him, those of us who love horse racing and the animals that bring so much pleasure to us we owe a debt of gratitude.

To the racing commissioners in the States of West Virginia and Pennsylvania, shame on you. You owe a duty to the horsemen to make sure that the races that are run in your states are done so fairly and that the horses are appropriate to run a race. Star Plus was neither. 

Earle Mack knew it and tried to make sure the horse never ran a race. You were too myopic to see that and could not care less about the animal. As a result every time the horse sets foot on the track, further injury is risked – not only to the horse but to the other jockeys and horses entered in the race. Clearly the horse is noncompetitive, finishing no better than 20 lengths behind the winner in three starts in 2011.

The fact this is allowed to go on is preposterous and the Racing Commissioners governing body needs to set uniform standards as a result.

With Ray’s permission, I’m re-posting the story in it’s entirety:

(originally appeared in Paulick Report on 2/2/12)

 Saga of Star Plus: Doesn’t this horse deserve better?

Earle I. Mack was only trying to do the right thing.

The businessman, philanthropist, former United States Ambassador to Finland, and Thoroughbred owner and breeder wanted to ensure an injured Group 1-winning horse would never race again and would be placed in an approved and proper retirement home if the plans of a new owner to stand the horse at stud didn’t work out.

It is what he does, because Earle Mack believes we have an obligation to protect these horses.

Despite his best efforts, however, Mack said he has been betrayed, not only by the individual who bought the Argentinean-bred Star Plus but by state racing commissions in West Virginia and Pennsylvania who have allowed the horse to race despite being notified of documentation showing, in no uncertain terms, he was purchased under the condition that he was being retired from racing permanently.

This disturbing saga is further evidence of how far the horse racing industry has spiraled, in some jurisdictions, out of the hands of people who have the best interests of the animals at heart.

Star Plus caught Mack’s eye when the son of Alpha Plus won the Group 1 Gran Premio Internacional Joaquin S. de Anchorena at Argentina’s San Isidro racecourse in December 2007. It was the horse’s fourth win, to go along with six seconds and one third-place finish in 14 starts, almost all in top-class group stakes company.

Mack purchased Star Plus and imported him to the United States, where he ran five times in 2008, winning an allowance race at Keeneland and finishing second in the G3 Turfway Park Fall Championship.

Star Plus was sidelined in 2009, then came back the following year to win one of three races, an allowance/optional claiming event on turf at Gulfstream Park on March 28, 2010. He came out of that race with what Mack described as a “severe ankle injury” that resulted in his retirement.

In a recent letter to Joe Smith, chairman of the West Virginia Racing Commission, Mack said Star Plus “was given a long rest at a farm with the expectation that we could find a good home for him to live out his years in a healthy and productive manner.

“We were advised,” his letter continued, “that there was a small breeding operation that was interested in his services, and we agreed to let them have him with the conditions that he could never be raced again and that we would be immediately notified if they no longer wished to take care of him so that we could find a suitable alternative retirement home.”

On June 28, 2011, according to a copy of a Bill of Sale provided to the Paulick Report, Star Plus was sold to George Iacovacci for the amount of $1,000. In the section that reads, “Any other conditions are as follows” is a hand-written note saying: “When done with horse to be placed in approved and proper retirement home.”

Further, an asterisk in that section is noted at the bottom of the Bill of Sale with the following: “This horse is being retired from racing PERMANENTLY.”  Click here to view the Star Plus documents.

Shortly after the sale, Mack learned that the new owner of Star Plus put the horse back in training.  Stewards in Kentucky and Pennsylvania were alerted to the situation, Mack said, and the entry of Star Plus was blocked at certain tracks. But the horse was successfully entered to race on July 24, 2011, at Mt. Pleasant Meadows in Michigan, where he finished last of six runners, beaten more than 20 lengths.

On Nov. 21, Star Plus was entered again, this time at Mountaineer Park in West Virginia, where he finished last of five runners, beaten 22 1/2 lengths. One week later, Iacovacci entered and ran Star Plus a third time, again at Mountaineer Park. Again, he trailed the field, finishing 38 lengths behind the field. He carried for a $40,000 claiming price.

There were no takers.

On Jan. 9, after learning that Star Plus was entered to run two days later at Penn National Gaming’s Charles Town races in West Virginia, Mack faxed a letter to West Virginia Racing Commission chairman Smith, re-telling the history of Star Plus and Mack’s efforts to enforce the conditions of the Bill of Sale.

“As you are undoubtedly aware,” Mack wrote in his letter to Smith, “with an impaired ankle this horse is a danger to himself, his rider and everyone on any track where he is allowed to work and race.

“The three times STAR PLUS has been allowed to race for Iacovacci he placed last each time by expanding margins – 20 3/4 lengths, 22 1/2 lengths and on Nov. 28 he lost by 38 lengths at Mountaineer Park, with the chart comment ‘labored throughout.’

“Obviously the horse is severely impaired and we ask you to act immediately to stop this blatant animal abuse and to bring an end to the deceit that has been perpetrated on all of racing. We stand ready, as we have from the moment this tragic breach was uncovered, to take this horse back and to protect him for his natural life.”

Mack wasn’t the only one contacting racing officials. Darcy Scudero, who operates Center Stage Farm in Florida and executed the Bill of Sale on behalf of Mack, sent numerous emails to racing officials in an effort to keep Star Plus off the racetrack.

On Jan. 30, she received this note from Jon Amores, executive director of the West Virginia Racing Commission:

“Dear Ms. Scudero,

“I have been in receipt of your emails and am very much aware of your concerns; however, after reviewing the matter with our counsel I have been advised that if you want to stop the current owners of the horse, you must bring a lawsuit against them or if indeed there is a forgery, you need to report it to the appropriate prosecuting attorney. Our Board of Stewards is not the appropriate venue to deal with contractual and criminal issues. If a judgment of some sort is obtained against the current owners of the horse, we will be happy to enforce the judgment in a manner consistent with our procedures and authority.”

In other words, the West Virginia racing commission is saying “it’s not our job” to protect the horses.

On Jan. 26, after learning that the entry of Star Plus had been accepted to run Jan. 28 at Parx Racing in Philadelphia, Mack sent a fax to equine veterinarian Corinne Sweeney, chairman of the Pennsylvania State Horse Racing Commission. Attached to the fax was a copy of Mack’s letter to West Virginia commission chairman Smith, outlining the history of this sordid affair.

“We ask that you intervene in this matter and assist us in contacting the stewards to have the horse scratched from the race for the reasons stated in the attached letter,” Mack wrote.

According to Maggi Moss, one of his attorneys, Earle Mack heard nothing in response to his request from Sweeney or anyone else at the Pennsylvania State Horse Racing Commission.

I’m sorry to say I am not surprised. If there is a more ineffectual racing commission and staff in all of North American horse racing than that in Pennsylvania, I would be stunned. It is truly a bureaucratic cesspool of self-serving political sycophants.

As a result of the Pennsylvania Horse Racing Commission’s indifference to Earle Mack’s request, on Jan. 28, carrying a $40,000 claiming price in an allowance/optional claiming race at Parx, Star Plus finished last of seven runners, beaten 43 1/4 lengths. He was 32 lengths behind the sixth-place horse.

Last night I received the following email from Maggi Moss, a leading Thoroughbred owner herself who has worked tirelessly on behalf of Thoroughbred after-care organizations.

It reads in full:

THOROUGHBRED SAFETY?  A LITTLE HELP FROM “OUR RACING LEADERS”?

Star Plus is a nine year old Graded Stakes horse formerly campaigned by Earle Mack, a respected, and responsible owner.  Mr. Mack did everything required in assuring a safe home for this remarkable horse he owned. He specifically stated in the paperwork,  “this horse is being retired from racing permanently.” The horse was retired due to severe injuries, and specifically was to be placed “in an approved and proper retirement home.”

George Iacovacci Sr. as owner and trainer has now run STAR PLUS in Michigan, Mountaineer Park in West Virginia and Parx in Philadelphia; in four races, he has been beaten a total of 123 lengths. His last race at Parx on January 28, 2012, he was beaten 43 lengths.

Mr. Mack – along with his attorney, Karen Murphy, and now myself, Maggi Moss – has notified every jurisdiction where entered by letter, as to the Bill of Sale notification “never to race again”; along with communication as to the unsoundness of this horse, and the potential danger to other participants in the race.

The Executive Director of the West Virginia Racing Commission has replied, “that a lawsuit should be filed, or a report made to the prosecuting attorney.”  The Chairman of the Pennsylvania Horse Racing Commission never responded.

If officials, stewards, or racing personnel have the knowledge that a horse is running that was acquired under deceit, is this not a matter that deals with the integrity of our sport? More importantly, if information comes to track officials or Commissions that a horse has a known and serious physical injury that forced his retirement from racing, isn’t this worth an inquiry? If a horse in four races has been beaten over a hundred lengths, shouldn’t this be a concern of racing officials and worthy of being placed on a Stewards or Vets list?  Wouldn’t the safety of other horses or harm to jockeys be a concern?   Most importantly, what about  the welfare of the horse involved?

Who is and should be policing our sport if not our leaders? If with this knowledge, and this horse be allowed to continue racing, who’s liable for the horse or jockey that gets hurt?  Most importantly, who protects STAR PLUS?

This is a case where a responsible owner intended to do the right thing for his horse, and when defrauded,  turned to the individual guardians of our racetracks. Must we all file litigation in Court, or should we be able to turn to officials for help? – Maggi Moss

In conclusion, I ask our readers, and our industry leaders who undoubtedly will learn of this unfortunate saga of Star Plus: Is this really the best we can do?

This ends the relationship between the Breeder’s Cup and ESPN.

One of the more intriguing aspects of this new relationship is the fact that NBC will be airing the Breeder’s Cup Classic during prime time. That exposure is a wonderful thing for racing….it will give the sport the opportunity to reach more viewers and the opportunity to attract a new fan base.

So why am I not thrilled?

The remaining 13 races of the Breeder’s Cup will be relegated to NBC Sports Network. This upstart TV network ( formerly known as Versus) does not have the reach ESPN does, nor the following. As a result, the casual TV watcher would have to really search for the Breeder’s Cup races, which makes drawing new fans problematic. Hopefully there will be some cross promotion from NBC to help draw viewers and fans to NBC Sports Network; they’ve done a good job in the past showing racing from Saratoga and Keenland.

New York racing and Belmont Park will be kept out of the rotation of host tracks for the foreseeable future. As a New York horse owner and fan of New York racing, this is disappointing.

Why am I so sure that this will happen?

The Breeder’s Cup is held in late October or early November; at a time when the sun sets no later than 6:00 PM on the East Coast. As a result, to be able to run the majority of the races on Breeder’s Cup day, lights would need to be installed so that the track could be illuminated. Belmont presently is not lit and to light the track would take a substantial investment.

Additionally, due to the size of Belmont, as the weather gets colder and the track becomes harder it’s much more difficult to maintain. This would create an uneven racing surface which would risk a repeat of the horrors of the 1990 Breeder’s Cup when four horses broke down – the worst being Filly champion Go For Wand.

Finally, from a fan standpoint – it is COLD in November at Belmont even when the sun is out. I can only imagine what it would be like once the sun goes down. Bring blankets and hand warmers!

While I am hopeful that New York will be included in the Breeder’s Cup rotation, clearly my reservations are not being made any time soon.

It’s too bad, because NYRA has the ability to host a fantastic event for Breeder’s Cup.

Fascinators, the small hats that became the fashion rage after Prince William and Princess Katherine  (ok, Kate) were married last summer are no longer allowed in the Royal Enclosure. Additionally women can only wear dresses that are directly above the knee or lower. Men must still wear morning suits, however they are allowed to have a little flair by letting grey be worn as well as black. A cravat is no longer allowed.

For us mere mortals, no bare midriffs, shorts or miniskirts are allowed. Ascot is claiming that this is to bring “respectability” back to the sport.

I am all for dress codes in certain places. When I go to the box seats at the track, I can understand jacket and tie. I can respect the dress code at certain restaurants that want to convey a certain perception of their clientele. That being said, these restrictions may be  too severe, even for me.

Would you attend Ascot knowing that you had to dress to impress?

It is an exciting time as a racing fan and owner. I enjoy watching those friends of mine with horses in the event

It will be fun to watch and see if the horses from the East Coast that I am familiar with perform well. It will be interesting to see if Goldikova can win yet AGAIN. Will Uncle Mo make it all the way back, or will Havre de Grace show that the girls are still the best?

Lots of questions and excited to see how the races play out.

Todd

Rick Dutrow, 52, trainer of 2009 Kentucky Derby and Preakness winner Big Brown had his training license revoked for ten years by the New York State Racing and Wagering Board. In determining that Dutrow was a detriment to racing, the Board went far beyond the initial investigation initially undertaken last November.

The investigation into Dutrow’s behavior began last November when an investigator for the NYS Racing and Wagering Board found hypodermic needles containing zylazine, a painkiller, in Dutrow’s desk drawer. Possession of needles is strictly forbidden by regulation much less ones containing drugs. In addition, later that month, a horse trained by Dutrow, Fastus Cactus, was found to have butorphanol in his system after a post race toxicology screen.

Under ordinary circumstances, a trainer would be suspended for a period of time for these incidents, usually 90 days. Rick Dutrow’s situation is vastly different. According to the report of Clemente J. Parente, hearing examiner, who conducted a hearing over three days regarding this matter, Dutrow has been suspended for more than 10 days on three separate occasions with “numerous other violations in Florida . . . Furthermore, his New York State racing application history report and RCI comprehensive ruling report reveals a consistent inability to abide by regulatory rules including a lack of truthfulness in statements to regulators .” Additionally in the Board’s decision Chairman John Sabini cites an accumulation of 64 violations of racing rules throughout his career in determining that revocation for ten years was appropriate.

Board Member, Daniel Hogan stated, “It seems Mr. Dutrow loved horses, but he loved winning even more, and has broke our rules to win.” Therein lies the rub. Horse racing has maintained a negative reputation for many years as a den of unsavory characters both in and out of the industry. In order to eliminate that perception, action against perpetual violators must be taken to prove to those participating within the industry and outside the industry that integrity exists.

What Dutrow is being punished for is not merely the isolated incidents of two drug findings in November, 2010, but rather for a lifetime of thumbing one’s nose at the rules and integrity of a sport where people’s money is invested, trust is placed and a fair playing field is sought for the owners as well as the bettors. It is time that the racing and wagering boards take a stand against people violating this trust; and New York has done that.

From a legal perspective, there may be issues that are appealable. Did the punishment of a 10 year ban and $50,000 fine exceed the charges before the Board? Does the Board have the power to look beyond the initial charges to the totality of the person being investigated? How many chances does one person get? I would argue 64 over 20 years is more than sufficient. Those and many more will be the issues that the Courts will hear while this matter works it’s way to a final resolution.
From this owner and fan’s perspective; it is great when the legislative arm of the industry takes a stand against someone to protect the interests and integrity of racing. Kudos to Chairman Sabini, and the Board for this determination. As Mr. Sabini states “Let this be a lesson to other people in the business.” While there is reason and rationale for everything; sometimes too many chances is just that.

Todd Engel
engelatty@gmail.com

Is Off Track Betting dead for Onondaga County? No, not necessarily. The door is open for the City of Syracuse to seek special legislation to be the beneficiary of the revenue from an off track betting parlor located within the city. This would mean that Onondaga County would gain no benefit from a parlor, should one ever be built.

Brick and mortar parlors came about in the late 1960′s. They offered the ability for people who could not get to the track for live racing to wager and watch the races. The benefits to the communities during the 1970′s,- 1990′s was huge. However as slots and VLT’s have become more prevalent, the new generation has moved away from racing and more towards the immediacy of the reward from slots.

Twenty years ago, I would be cheering this news. I would be excited as a horse owner at the opportunity to watch and wager on my horses in a local parlor. I would be looking forward to the additional monies to the horsemen and available for increased purses as a result of the wagering in Onondaga County.

That was then, now while my desire for the benefits of OTB as a horse owner is still there, my optimism for the increased revenue for the city and the county is not. Capital OTB and the County claim that the revenue from wagering at a facility in Syracuse would raise over $1 million dollars for Onondaga County from the monies wagered here. Unfortunately, with the advent and success of internet wagering and watching of live races, I think those numbers are inflated.

Because those numbers are higher than what I think the actual revenue will be, I am not in favor of OTB locally. I can watch my horses race online, wager online and never have to leave my house or office. Most racing fans are the same way; between TVG, HRTV and the various online venues, wagering can be accomplished easily and without the need to use a brick and mortar facility. That is the most basic of reasons why OTB parlors are failing, not to mention the patronage jobs associated with the parlors. Just look at NYC OTB and Suffolk OTB as examples of once giants in the industry failing as evidence that this is no longer the time for bricks and mortar parlors.

Todd Engel
tengel@engelatty.com

I have no direct knowledge of the management of TRF assets or the horses. However, I do know Diana Pikulski, the Executive Director of TRF. In difficult financial times, I have known her to be a diligent fundraiser who has the interests of the horses solely at heart. To see her work marred in the New York Times without truly reporting the TRF side is disturbing and is showing an inherent anti-racing bias by the Times.

According to the TRF, procedures are now in place to work through and manage the finances to make sure money gets to those caring for the horses, contrary to what Drape alleges. In addition, fundraising continues to be sought. in order to maintain the horses presently in care.

The TRF is the gold standard for Thoroughbred Retirement. Without this organization, many horses would come off the track and potentially be sold to meat processing plants in Canada, or overseas. Additionally, the therapeutic programs undertaken by TRF has been extremely beneficial to prisoners in New York, Kentucky and elsewhere as these programs offer the opportunity to allow prisoners to learn horse husbandry which is good for both the prisoner and the retired horse.

I am hopeful that despite the Times article, TRF will be able to right its course and continue the good work it does on behalf of retired thoroughbreds.

Todd Engel
tengel@engelatty.com

The New York Times Article:

The Saratogian Article

TRF website

Dutrow has consistently trained with a patent disregard for the rules of any jurisdiction. He has been suspended  numerous times for drug violations. One of the more recent, in 2009,  caused the Kentucky Racing Commission to double the initial suspension. His actions include providing steroids to Kentucky Derby and Preakness winner, Big Brown.  It should be noted that steroids  were permissible at the time he gave them to Big Brown.

Association of Racing Commisioners International (RCI)  President, Ed Martin has written the New York State Racing and Wagering Board stating that Dutrow’s actions in concert with his prior history necessitate a suspension for a year. His position is that Dutrow continually ignores the rules and tries to unfairly influence the game without remorse when caught.

In my opinion, Dutrow is a true blight on our sport. He has indicated publicly that he did not regret using steroids on horses. He stated publicly that he would do what is necessary to win.  Winning at any cost is not good for racing. It creates a disproportionate ability to win and slants the competitive edge towards Dutrow. This is exactly what he wants, however not what the sport can handle during this period.

As I have written previously, the sport needs to police itself effectively. In order to do that stiff penalties for multiple offenders needs to be implemented. Racing fans continue to turn away and seek other forms of entertainment.  The industry has to make sure that those people who come to the sport, either as fans or as owners are able to believe the integrity in the sport.

As a result, it would be nice to follow Mr  Martin’s recommendation. The NYS racing and wagering board would show a message that cheating is not permitted and cheaters will be forced to choose: change your ways or change your career. The truth is, that probably won’t happen. The Board handed down their 90 days. and generally won’t increase the penalties in New York.  Too bad, some people need to be benched.

Todd Engel

tengel@engelatty.com