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Old 06-03-2021, 04:40 PM   #721
dilanesp
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Originally Posted by Andy Asaro View Post
Max KHRC can give is 6 months from what I'm told. I think they'll give him the MAX
He's got priors. They can revoke his license permanently.
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Old 06-03-2021, 04:41 PM   #722
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He's got priors. They can revoke his license permanently.
Not for this offense but I hope you're right
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Old 06-03-2021, 04:45 PM   #723
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I believe I heard his lawyer say the vet did approve the Otomax.
The veterinarian he uses is not exactly squeaky clean either. That same veterinarian was issued a citation by the CHRB stewards for medication overage on Mongolian Groom prior to his demise in the Breeders' Cup Classic.
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Old 06-03-2021, 04:47 PM   #724
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Not for this offense but I hope you're right
Yes, for this offense. 810 KAR 3:020 Section 15 specifically authorizes revocations of trainer's licenses for this, as well as suspensions for any term.

If regulators are telling the media they don't have the power to suspend him more than six months, it's because they figure the media won't look it up.
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Old 06-03-2021, 04:52 PM   #725
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Yes, for this offense. 810 KAR 3:020 Section 15 specifically authorizes revocations of trainer's licenses for this, as well as suspensions for any term.

If regulators are telling the media they don't have the power to suspend him more than six months, it's because they figure the media won't look it up.
Well, I hope he gets scorched. THX
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Old 06-03-2021, 04:58 PM   #726
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Here's the applicable Kentucky regulation; I excised irrelevant portions:

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(1) The commission, executive director, chief racing steward or presiding judge, or director of licensing may deny a license application, and the commission or chief state steward or presiding judge may suspend or revoke a license, or otherwise penalize in accordance with KRS 230.320(1) a licensee, or other person participating in horse racing, for any of the following reasons:

(a) The public interest, for the purpose of maintaining proper control over horse racing meetings or pari-mutuel wagering, may be adversely affected if the license is issued;

(h) The licensee or applicant has been ejected, ruled off, or excluded from racing association grounds in the Commonwealth of Kentucky or a racetrack in any jurisdiction;

(i) The licensee or applicant has violated or attempted to violate a statute, administrative regulation, or similar rule respecting horse racing in any jurisdiction;

(j) The licensee or applicant has perpetrated or attempted to perpetrate a fraud or misrepresentation in connection with the racing or breeding of a horse or pari-mutuel wagering;

(k) The licensee or applicant has caused, attempted to cause, or participated in any way in an attempt to cause the pre-arrangement of a race result, or has failed to report knowledge of this kind of activity immediately to the stewards or judges;

(p) The licensee or applicant has abandoned, mistreated, abused, neglected, or engaged in an act of cruelty to a horse;

(q) The licensee or applicant has engaged in conduct that is against the best interest of horse racing, or compromises the integrity of operations at a track, training facility, or satellite facility;

(r) The licensee or applicant has knowingly entered, or aided and abetted the entry, of a horse ineligible or unqualified for the race entered;

(s) The licensee or applicant has possessed on association grounds, without written permission from the commission or the chief state steward or presiding judge, any appliance or device, other than an ordinary whip, which could be used to alter the speed of a horse in a race or workout;

(v) The licensee or applicant has failed to answer truthfully questions asked by the commission or its representatives pertaining to a racing matter;

(hh) The licensee or applicant has knowingly aided or abetted any person in violation of any statute or administrative regulation pertaining to horse racing;
These grounds are DELIBERATELY broad.

In case you are wondering about the statute that is referred to, here's the provision of the statute, which is even broader:

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Every license granted under this chapter is subject to denial, revocation, or suspension, and every licensee or other person participating in Kentucky horse racing may be assessed an administrative fine and required to forfeit or return a purse, by the racing commission in any case where it has reason to believe that any provision of this chapter, administrative regulation, or condition of the racing commission affecting it has not been complied with or has been broken or violated. The racing commission may deny, revoke, or suspend a license for failure by the licensee or other person participating in Kentucky horse racing to pay an administrative fine imposed upon the licensee by the stewards or the racing commission.
If KHRC chooses a light penalty, it won't be for lack of authority to impose a more severe one. KHRC can issue a lifetime ban if it wishes to.
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Old 06-03-2021, 05:12 PM   #727
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This is also confirmed in the medication regulation. The way that regulation works is that the penalties are limited for the first 3 violations (in ANY jurisdiction- his California positives count!). After those first 3 violations (and Baffert's violation count is in the 20's), the trainer is subject to this:

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Upon finding a violation or an attempted violation of the provisions of KRS Chapter 230 or KAR Title 810, if not otherwise provided for in this administrative regulation, the stewards or judges may impose one (1) or more of the following penalties:
(1) If the violation or attempted violation may affect the health or safety of a horse or race participant, or may affect the outcome of a race, declare a horse or a licensee ineligible to race or disqualify a horse or a licensee in a race;
(2) Suspend or revoke a person's licensing privileges for a period of time of not more than five (5) years in proportion to the seriousness of the violation and the facts of the case;
(3) Cause a person, licensed or unlicensed, found to have interfered with, or contributed toward the interference of the orderly conduct of a race or race meeting, or person whose presence is found by the stewards or judges to be inconsistent with maintaining the honesty and integrity of the sport of horse racing to be denied access to association grounds or a portion of association grounds; and
(4) Payment of a fine in an amount not to exceed $50,000 as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case.
Parsed into ordinary terms, it authorizes the following punishments (I'll leave the fine out of it):

1. Declare Baffert permanently ineligible to race horses in Kentucky, or impose this restriction for any length of time.

2. Revoke his license, with the earliest he can apply for relicensing being in 2026. Or suspend it for 5 years.

3. Bar Baffert from access to the grounds to any Kentucky racetrack, permanently or for any length of time.

There's ample regulatory and statutory authority to throw the book at Baffert.
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Old 06-03-2021, 05:23 PM   #728
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Does everyone realize that Baffert's lawyer has all but said that when they are finished with the rest of the ongoing testing it will show that the betamethasone in Medina Spirit's blood came from Otomax and not an injection?

They are now testing for the other compounds found in Otomax. If they are present it will strongly suggest Otomax was the source of the positive. The horse will still get disqualified, but he'll have a pretty good case for a reduction in the suspension because these rules are in place to prevent injection of betamethasone into joints and not to prevent or treat skin problems.

It would not shock me if before it's over the suspension is reduced. Just be ready for it.
I expect it to happen. That's the problem, rule is none in system, doesn't matter the excuse. But, the good old boy network will keep status quo and reduce suspension and BB will keep doing his excuses when he gets caught again.
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Old 06-03-2021, 05:36 PM   #729
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I expect it to happen. That's the problem, rule is none in system, doesn't matter the excuse. But, the good old boy network will keep status quo and reduce suspension and BB will keep doing his excuses when he gets caught again.
The one thing that might pull KHRC towards doing the right thing is the fact that it's the Derby. He embarrassed the sport on its biggest stage, compromising an event that is central to Kentucky's culture.
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Old 06-03-2021, 05:52 PM   #730
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Old 06-05-2021, 06:43 AM   #731
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..............


Bobby had a winner yesterday in race 6 at Santa Anita


who says crime doesn't pay...............(~:/





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Old 06-05-2021, 08:40 AM   #732
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Originally Posted by Half Smoke View Post
..............


Bobby had a winner yesterday in race 6 at Santa Anita


who says crime doesn't pay...............(~:/





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It's going to be interesting to see if Baffert's win percentage and overall success rate changes now that he's been exposed. Normally, once a trainer gets a stiff suspension, their numbers came back down to earth. Although at Santa Anita in particular, Baffert seems to wield a lot of control over what happens there. Once he started complaining about the synthetic track, I knew it's days were numbered.
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Old 06-05-2021, 09:20 AM   #733
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........................


so many crooks in racing


how about Wesley Ward - this year - 33% winners and 60% in the money


a higher % of winners than Baffert


who's going to believe he's that much more skilled than other trainers to accomplish that?


a statistical outlier? - I guess that's possible - but not likely







https://www.equibase.com/stats/View....ear&tb=trainer





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Old 06-05-2021, 12:54 PM   #734
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........................


so many crooks in racing


how about Wesley Ward - this year - 33% winners and 60% in the money


a higher % of winners than Baffert


who's going to believe he's that much more skilled than other trainers to accomplish that?


a statistical outlier? - I guess that's possible - but not likely







https://www.equibase.com/stats/View....ear&tb=trainer





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Ward is kind of unique in that he buys these fast 2yo's in training and spends a lot of time teaching them to break fast from the gate, then brings them out early and wins a bunch of races while Pletcher and the other big stables are waiting for Saratoga with their top stock.

I just checked, Ward does have a lot of violations over his career. Nothing too serious the past few years.

Last edited by pandy; 06-05-2021 at 01:06 PM.
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Old 06-08-2021, 02:07 PM   #735
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Baffert is suing now. He says the second sample was mishandled, and that KHRC should have the burden of showing he injected the drug.

Both arguments are complete BS, and KHRC decisions are not reviewable anyway. Plus his suit is premature (that fact alone should get him sanctioned for a frivolous suit, but won't- he sued before he was even suspended, which means he has no legal standing because his claim isn't ripe).

Look for a fairly quick dismissal. Hopefully the suit angers the KHRC and they impose a harsher punishment.
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