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By Wandering Eyes · Posted
On the Aug. 18 episode of BloodHorse Monday, BBN Racing's Brian Klatsky discusses Bracket Buster's chances in the Travers Stakes (G1), and Emerald Downs track president Phil Ziegler on how promotions are used to boost track attendance.View the full article -
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By Wandering Eyes · Posted
With on-track handle the highest since prior to the pandemic, Saturday's 166th running of the King's Plate at Woodbine brought in over $4 million in wagering. Overall, the 13-race card generated over $17 million in all-sources wagering, which marked the third highest in event history. The Plate record, set in 2023, holds at $18.1 million. This year's card generated the highest dollars wagered per starter of any Plate program and debuted the new “Kings & Queens Pick-3” wager that offered a $5 minimum and 15 percent takeout. “We were confident that Saturday would generate good numbers in large part due to a competitive King's Plate and a deep card of racing,” said Michael Copeland, CEO, Woodbine. “The action on the racetrack lived up to the billing and the atmosphere throughout the grandstand was electric. The King's Plate is truly the event of the summer and we want to thank our entire racing community for putting on a great show.” Al and Bill Ulwelling's Mansetti (Collected) stormed to victory in the King's Plate, giving trainer Kevin Attard his third win in the race in the last four years. The winning rider, 20-year-old apprentice jockey Pietro Moran, is the third-youngest jockey to win the Plate. Live racing continues at Woodbine Thursdays through Sundays until Dec. 14. The post Third Highest All-Sources Wagering in 166 Years for King’s Plate appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
Wouldnt allow Brodie on for $1k in one go Gamma! The AML law they adopting is $1k which the TAB is not abiding by the law! they probably wouldnt take a $1k top 3 from Brodie without slashing the odds They would more than likely let their preferred punters on though! -
By Wandering Eyes · Posted
Trainer Phil Serpe, who has an appeal pending with the Federal Trade Commission (FTC) in an attempt to overturn a two-year suspension imposed in July by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case from last summer at Saratoga Race Course, is also seeking to renew his request for a preliminary injunction in a 10-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the FTC. A key issue in Serpe's federal court filing is the fact that HIWU and HISA did not pursue any monetary fine against him, which is a departure from how the agencies handled a dozen other clenbuterol detections since the Anti-Doping and Medication Control Program (ADMC) went into effect in May 2023. The 66-year-old trainer has claimed that the non-pursuit of a fine of up to $25,000 by HISA and HIWU is an alleged end-around to stymie his efforts to prove in his lawsuit that he has been wrongfully denied his constitutional right to a jury trial. Citing a United States Supreme Court case that previously ruled that a federal regulatory agency's enforcement for civil monetary penalties must be brought in a federal court, Serpe asserted in a July 15 legal filing in U.S. District Court (Southern District of Florida) that his Seventh Amendment rights are being violated by “gamesmanship” in the form of HISA and HIWU's non-pursuit of a monetary penalty, a move that he alleged “strategically” seeks to deprive federal-court jurisdiction over the facts of liability required for any sanction. On Aug. 15, both HISA and the FTC responded by filing legal documents opposing Serpe's motion for a preliminary injunction. Although neither entity went into extensive detail about why HISA and HIWU waited until Serpe's case was eight months old and on the brink of arbitration before they notified him in April that the previously announced potential fine of up to $25,000 would not be pursued, both HISA and the FTC in their legal filings last Friday were emphatic in their resolve that so long as no fine was part of Serpe's penalties, the judge should not grant the trainer any requested relief based on what HISA and the FTC say is a non-valid Seventh Amendment claim. “Plaintiff accuses the Authority of engaging in 'gamesmanship' by withdrawing its initial request for a fine,” the Aug. 15 HISA legal filing stated. “But Plaintiff is the only one playing games. Far from advancing some ulterior motive masked as 'serendipitous' action, HIWU and the Authority simply followed the path the Court suggested to resolve a constitutional challenge. Plaintiff, on the other hand, has completely turned this case on its head, begging for an additional penalty [and] seeking an extraordinary injunction…” The FTC's filing from last Friday put it this way: “Without any possibility of a fine, there is thus no likelihood of a potential Seventh Amendment violation. Plaintiff's arguments to the contrary fail to establish otherwise and contradict his own representations and requested relief in his application for review to the FTC. Plaintiff also has not alleged any imminent, irreparable harm connected to his Seventh Amendment claim, and an injunction would disserve the public interest.” According to HIWU's online portal that lists resolved cases when ADMC rules went into effect two years ago, 12 of the 15 other adjudications for clenbuterol resulted in fines of at least $15,000. In two instances, the anti-doping violations were withdrawn, and in one other case the split sample did not confirm the presence of the drug, so the charge was dropped. ADMC Rule 3223 states that Serpe could have faced a fine of up to $25,000 as part of his sanctions. Serpe's July 15 legal filing stated that, “During the arbitration hearing, Serpe's counsel explained that while Serpe certainly was not REQUESTING a fine, a fine of some amount was nevertheless mandatory if the Arbitrator found liability without also finding that Serpe proved no fault or negligence. Serpe explained that the Arbitrator had an independent legal obligation to enforce federal regulations and that HIWU's strategic decision to forgo a fine was not a basis to ignore certain HISA Rules.” Serpe's motion for the injunction stated that because the FTC “right now is prosecuting Serpe for violating the ADMC Program, which includes a civil penalty,” Serpe should, again, “be in federal court” to resolve the matter. The Aug. 15 HISA filing opposing the injunction stated that Serpe's argument is “contradictory and convoluted” as it pertains to the alleged requirement that a fine should be in play as part of his penalties. “In fact, Plaintiff is wrong that there is any mandatory minimum fine required under Rule 3223(b),” the HISA filing stated. “That rule has no floor, in contrast to other sanctions for which the same rule specifies a 'minimum'… “According to Plaintiff, a fine is still on the table because the FTC-approved rules require one, so the administrative law judge (ALJ) reviewing the arbitrator's decision must impose one in the administrative proceeding,” the HISA filing stated. “That cannot be true. Plaintiff himself has argued (correctly) before the FTC that the ALJ cannot impose a fine. The relevant statutory review scheme does not permit Plaintiff (or the Authority) now to request one. And nothing in the Authority's rules requires one regardless. Because Plaintiff's Seventh Amendment claim depends on a fine that does not and will not exist, he cannot prevail on the merits,” the HISA filing stated. “Plaintiff's contrived attempt to gin up a Seventh Amendment claim also contravenes fundamental principles of constitutional avoidance: courts do not bend over backwards to create a constitutional problem where none exists,” the HISA filing stated. “The Court should deny Plaintiff's renewed motion–once and for all…” Serpe's suspension stems from a clenbuterol positive detected in the urine (but not blood) samples taken from his trainee, Fast Kimmie (Oscar Performance), after her Aug. 10, 2024, victory in a $30,000 claiming race. Clenbuterol is a bronchodilator that is approved by the U.S. Food and Drug Administration for the management of horses with airway obstruction. Clenbuterol cannot be administered to any HISA “covered horse” other than in the context of a valid veterinarian-client-patient relationship in accordance with the conditions set forth in ADMC rules. Clenbuterol is classified as a “banned” substance by the ADMC, meaning it is never to be present in any HISA-regulated Thoroughbred. In the 1990s and 2000s decades, clenbuterol first started being regulated by American racing commissions because of its propensity for abuse as a drug known to mimic the muscle-building properties of anabolic steroids. The post Accused of ‘Gamesmanship’ by Serpe, HISA Alleges Suspended Trainer is Trying to ‘Gin Up’ a Constitutional Claim appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article
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