TRF: Good work being done

Posted on March 19, 2011 by Todd Engel

On Wednesday, Joe Drape wrote an article in the New York Times highlighting the alleged difficulties of the Thoroughbred Retirement Fund. In the article, Drape claims that TRF has not taken care of the horses that are under its care and has run at a financial deficit for the last two years.

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

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Rick Dutrow: Should he be shown the door?

Posted on February 18, 2011 by Todd Engel

On February 16, the New York State Racing and Wagering Board suspended trainer Rick Dutrow for 90 days for various violations. These include  a 30 day suspension for a positive for painkillers and 60 days for finding hypodermic needles in his barn at Aqueduct.

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

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New York Racing is in Trouble

Posted on February 2, 2011 by Todd Engel

New York Racing is in Real Trouble

New York Governor Andrew Cuomo announced the state budget yesterday. He made some very tough decisions in order to reduce a $10 billion deficit. As a result difficult decisions clearly needed to be made.

One of those decisions Governor Cuomo made was to create an additional surcharge on purse money in NY races of 2.75%. This simply perpetuates a myth that horse racing can withstand any and all cuts, surcharges, and fees because there is a perception that the industry can withstand it

The reason is that purses across the industry have been cut from $125 Million for the year in 2009 to $100 million in 2010 and will be lower in 2011. That is a 20% reduction in purses due to the NYC OTB failure It also is representative of the loss in handle which is the amount being wagered at the track or through simulcasting. The reality is people are not betting on horse racing in the numbers they used to. That creates a situation where the owners of the horses are running for lower purses.

What it doesn’t mean is that horse racing can continue to sustain in New York with these continued cuts. It also doesn’t mean that there is a 25% decrease in expenses. The horses are running for lower purses, however expenses continue to rise. This makes it an economic difficulty to make money on the average race.

As Rick Violette, a New York trainer and President of the New York Thoroughbred Horseman’s Association said in The Saratogian racing is going to take a 22.5% cut and cannot sustain that and remain viable. It is truly a difficult time for our sport and we need to get together and band together.

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Blight on Racing’s Biggest Event

Posted on November 8, 2010 by Todd Engel

The joke used to be said I went to a boxing match and a hockey game broke out. Friday, horse racing became the punchline to this bad joke when jockey Calvin Borel attacked  jockey Javier Castellano after the running of the Breeder’s Cup Marathon.  While I was not there I did see the video, and so will you.

Javier Castellano was riding Prince Will I Am in the Breeder’s Cup Marathon where he impeded the ability for two horses, including the one Borel was riding. When Borel got back to the winner’s circle, dismounted and weighed in, he attacked Castellano.  The two jockeys came to blows and had to be separated by security personnel.

The result of this event was that Castellano was suspended seven days and fined $2,500 for his reckless riding. Borel was not given any days however he was fined $5,000 for the fight.

To be honest, this is not the first time jockeys have ever fought, however it is usually reserved for the privacy of the jockey’s room. Fighting at this level should not be tolerated in this sport. It is good that the Kentucky stewards took such decisive action here.

Unfortunately Borel looked like a fool and made the sport look barbaric. Fortunately the races on Saturday overshadowed this blight.

Todd Engel

Calvin Borel and Javier Castellano fight

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NYC OTB reaches deal on bankruptcy

Posted on October 21, 2010 by Todd Engel

NYC OTB reached a deal with its creditors to emerge from bankruptcy. This is good thing for horse racing and needed to happen. It also is a good thing for New York City.

The agreement provides that NYRA, owed $24 million dollars by NYC OTB and the largest creditor will run the internet and phone wagering systems in lieu of a total of $65 million in debt.  While the agreement provides for a smaller share for NYRA and other tracks on wagering made at the OTB parlors, they will manage the internet and phone wagering which is a larger percentage of the total betting dollars.

Being that NYC OTB is the largest wagering institution in the country, it was important to racing as an industry that this be saved. Racing cannot survive without NYC OTB, it is racing’s version of “too big to fail.”

Should the Legislature and Bankruptcy court approve the plan, it is another sign that racing is on a direction towards recovery in New York. The $2.4 billion dollar a year industry is vital to the New York economy despite being virtually ignored by government on a state level. This will allow NYRA to recoup dollars that NYC OTB had been witholding which will help, along with VLTs, to secure the future of racing in New York.

Todd Engel

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Secretariat The Movie: Truth is better than Fiction

Posted on October 12, 2010 by Todd Engel
hoping to be entertained and to some degree have the ability to teach my kids about the greatest race horse I saw in my lifetime.
I was disappointed. Disney took a great story as evidenced by Bill Nack’s wonderful book, and made it schmaltzy.
Let’s start at the begining. In reality, Penny Chenery Tweedy was the daughter of Christopher Chenery, a very wealthy man in his own right. Disney has you believe that the family was just about out of money and forgets that Meadow Stable owned Riva Ridge, the 1972 Kentucky Derby and Belmont winner.
I never met Lucien Laurin, however I had met his son Roger. John Malkovich’s version was a caricature of a trainer; flamboyant, stubborn and domineering. I am not saying he wasn’t those things, but it clearly appears that the movie played it over the top.
Then there is the training of the horse. Disney would have you believe that all race training was done at Meadow Farm in Virginia, and that the horse was sent off to the track before each race. While this is the English way of training and works well there; in the States the horses are trained at the track as Secretariat was including his time in Florida between his two year old and three year old campaigns.
I wanted to like Secretariat. I wanted the movie to be representative of the horse and the people surrounding it. It ended up being a feel good movie about a great horse with factual flaws. I guess I wanted it to be Seabiscuit, and instead it was second rate.
I was hoping to be entertained and to some degree have the ability to teach my kids about the greatest race horse I saw in my lifetime.
I was disappointed. Disney took a great story as evidenced by Bill Nack’s wonderful book, and made it schmaltzy.
Let’s start at the beginning. In reality, Penny Chenery Tweedy was the daughter of Christopher Chenery, a very wealthy man in his own right. Disney has you believe that the family was just about out of money and forgets that Meadow Stable owned Riva Ridge, the 1972 Kentucky Derby and Belmont winner.
I never met Lucien Laurin, however I had met his son Roger. John Malkovich’s version was a caricature of a trainer; flamboyant, stubborn and domineering. I am not saying he wasn’t those things, but it clearly appears that the movie played it over the top.
Then there is the training of the horse. Disney would have you believe that all race training was done at Meadow Farm in Virginia, and that the horse was sent off to the track before each race. While this is the English way of training and works well there; in the States the horses are trained at the track as Secretariat was including his time in Florida between his two year old and three year old campaigns.
I wanted to like Secretariat. I wanted the movie to be representative of the horse and the people surrounding it. It ended up being a feel good movie about a great horse with factual flaws. I guess I wanted it to be Seabiscuit, and instead it was second rate.
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Rachel Alexandra’s Retirement

Posted on September 29, 2010 by Todd Engel

Yesterday, owner Jess Jackson announced that he was retiring 2009 horse of the year Rachel Alexandra. While this was not unexpected based on her performance this year, it is still bittersweet due to the promise that she showed last year.

The fact is, during 2010 the horse was never able to regain the magical form she showed during 2009 when she won the Preakness by over 20 lengths. She struggled in March during her comeback and I watched with sadness as she was not able to win the Personal Ensign in Saratoga.

After watching that race, it was clear she was not the same horse she once was. So now, we see if as a broodmare she can produce horses worthy of her lineage. We will see now if Jess Jackson was right in making that purchase after the Preakness for this is the time when Rachel can prove that she was worth all those millions Jackson paid a year and half ago.

Jess Jackson said he will breed Rachel to his other champion, Curlin. On paper that sounds like it will be a superstar horse. Time will tell. For now, we should remember Rachel as the champion she was on the track and anticipate her offspring as they come to the track.

Todd Engel
tengel@engelatty.com
Twitter: @toddengel

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New York Bred Sales Company Cancels October Sale

Posted on September 15, 2010 by Todd Engel

According to a press release sent out by the New York Bred Sales Company, the NY Bred sale scheduled for Saratoga on October 10, 2010 is cancelled for this year. NYBSC President Joe McMahon said that due to scheduling difficulties this one year absence is necessary.

I cannot comment on the why of cancelling the sale. Knowing the leadership of this group, there had to be sufficient cause for them to cancel a sale of NY Bred yearlings, weanlings, and mares especially now that VLT legislation is finalized.

The difficulty is that this sale was one of the few places where entry to mid level NY Bred horses could be purchased by owners looking for value. It is also one of the few sales, other than the Fasig Tipton Preferred sale that is geared to NY Breds only. This is a time when we as an industry needs to bolster the NY Bred program and home bred yearlings.

The number of mares being covered in NY continues to drop. This will make NY Bred racing more difficult short term. Fewer horses will cause fewer fields and less competition. This will mean that a once strong program will continue to weaken. This is evidenced by the inability to conduct this sale in October.

It is my hope that next year we will see a sale in October. It is also my hope that we will see new sires and mares coming to NY creating a program of strength as the purse structure will hopefully increase with the onset of VLTs.

Todd Engel
tengel@engelatty.com

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What will you do with your horse when it’s done racing?

Posted on August 19, 2010 by Todd Engel

A recent article in the Saratogian highlights an important point that often goes disregarded in racing circles:

What happens to a horse once it is done racing?

An owner of a race horse has an obligation to make sure that the animal does not end up in the kill pen once its racing days are done. Those horses that earn enough money or have the breeding can either go to stud or become broodmares. This does not take into account the overwhelming number of horses that either are gelded or cannot breed by virtue of their production on the track.

Fortunately there are some wonderful retirement agencies that will take care of the horses. Thoroughbred Retirement Fund (TRF) is a national organization that adopts out horses and runs programs nationwide. Old Friends is in Kentucky and Saratoga taking care of those pensioned stakes winning horses that otherwise have no home. Purple Haze at Finger Lakes has an adoption program where it will find the horse a suitable home.

The problem is most of these places are over booked. That said, the owner who retires the horse is still responsible if not legally but morally to find the horse a suitable post racing home. The time to consider that is while the horse is racing so that the owner knows where the horse could go at the end of its career.

Categories: Equine Law, Horse Racing | Tags: , , , , , , , | 5 Comments

Will NY ever get a VLT provider?

Posted on July 17, 2010 by Todd Engel

Today’s Saratogian has a wonderful article about the flaws in the process for awarding a video lottery terminal (VLT) p;rovider for Aqueduct Race Track.

It continues to look less likely that New York will have a VLT operator anytime soon. This is problematic because the New York Comptroller Thomas DiNapoli has done an audit this week indicating that the New York Racing Association will face financial ruin in the next 12 months if a VLT operator is not in place.

While I would like to believe horse racing can attract and generate a new fan base the industry has shown that does not seem possible. As a result the industry has looked towards VLTs as a way to generate revenue both for the track operator and the State. New York State and NYRA both stand to benefit from this process. The bid process calls for an immediate payment of at least $300 million dollars to New York State. Additionally NYRA is supposed to receive a $20 million payment at the inception which would help NYRA stave off financial insolvency.

There is no optimism at this point regarding a VLT contract. I believe that either Aqueduct Entertainment Group (AEG) who has already filed a suit after having the VLT award revoked or SL Green who recently was denied the VLT contract will tie this process up with litigation beyond the point when NYRA can financially survive. I only hope as an owner and fan that I am wrong.

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