Monthly Archives: November 2015

Opinions, Stories and Reporting

Thoroughbred Horseracing Integrity Act of 2015

There has been a lot of discussion about the Barr-Tonko legislation (H.R. 3084) and whether it is necessary to improve racing. The primary proponent of the legislation is the Coalition for Horseracing Integrity. The Coalition represents a diverse group of horse racing and animal welfare organizations including The Jockey Club, Breeders’ Cup Ltd., the Water Hay Oats Alliance, the Humane Society of the United States, the Humane Society Veterinary Medical Association, the Kentucky Thoroughbred Association and the Kentucky Thoroughbred Owners & Breeders.

On the other side, the Association of Racing Commissioners International (ARCI) and the Horsemen’s Benevolent and Protective Association (HBPA) oppose the legislation.

Ostensibly, the Bill is supposed to improve the integrity and safety of Thoroughbred horseracing by requiring a uniform anti-doping program to be developed and enforced by an independent Thoroughbred Horseracing Anti-Doping Authority (THADA). While it is true there is not absolute uniformity across jurisdictions currently, all or part of the groups that favor the legislation must also believe horseracing in its current form is corrupt, inept, unsafe or all three, a conclusion that flies in the face of statistics published by ARCI. Why else would we need federal legislation unless the only thing standing between failure and prosperity is regulatory uniformity, and the only way to get it was HR 3084?

Less than one-half of one percent of all urine and blood tests come back with a positive for a substance overage, and of those only a very small percentage are not related to approved therapeutic medications. In other words, on the face of it, the urgency of Barr-Tonko is that the handful of Class 1 or 2 violations (out of the hundreds of thousands of races run every year) not related to therapeutic medication or environmental contamination are convincing proof the system needs serious repair.To believe these statistics are wrong, you have to believe either

  • Like many of the people in the recently completed DRF survey, you are convinced that no matter what statistics say, trainers are spiking their horses with great regularity and getting away with it; or
  • ARCI is corrupt and hiding the real numbers; or
  • The jurisdictions are selective or inconsistent in their enforcement; or
  • Testing labs are either incompetent, hiding results, or simply not testing for the right performance enhancing substances.

Although the legislation doesn’t say this overtly, it is hard not to conclude there may be one other purpose – to deal with the issue of raceday Lasix. It is the 800 pound gorilla in the room. It appears WHOA and the animal welfare folks are not simply hoping to add a layer of bureaucracy on top of that which already exists in the states, but to have one place where they can finally tell all the recalcitrant racing commissions that Lasix four hours before a race is no longer allowed.

Let’s look at the important elements of the bill.

The highlight of the legislation is the establishment of the THADA. THADA is supposed to be independent (whatever that means exactly) and is responsible for developing and administering an anti-doping program for horses, persons and races covered by the Act. I’ll detail just how that differs from the current organization for drug testing below.

The THADA is supposed to be composed of

  • The head of the U.S. Anti-Doping Agency;
  • Five U.S. ADA board members;
  • Five individuals from different constituencies of the thoroughbred industry.

The U.S. ADA is required to solicit lists of two candidates each from a cross-section of owners, trainers, veterinarians, racing associations, State racing commissions and jockeys. That’s five representatives from six constituencies. It also suggests the U.S. ADA should make an effort to include the most broadly based organization(s) from each constituency.

Notice any group missing? That’s right, the one group that provides the funding for the sport and is most affected by horses that race with illegal levels of medications or drugs, the betting public.

Notice anything else? More than 50% of the THADA is made up of people who were appointed to the U.S. ADA. I looked at each of the members. You have ex-Olympic athletes, a couple of medical doctors, a lawyer, a swimming coach, someone with drug-free kids, and a college professor in sports management. In other words, not one single person who is familiar with horseracing or the use of medications in racing in any sort of depth. You have a majority of non-racing experts to counterbalance the minority of potential experts.

Since the THADA is interested in avoiding any appearance of conflict of interest, the Bill requires nominees to not have a financial interest in, or provide goods and services to covered horses. Officials, officers or anyone else that works in policymaking or governance for any throughbred industry representative are similarly disallowed. Finally, any employees or people having a business relationship with the individuals or organizations described above are also disallowed.

Huh? I must not be reading this right, because it seems to say all the groups that are supposed to be on the board – owners, trainers, vets, racing associations, State racing Commissions and jockeys – appear to be immediately disqualified because they are associated with racing.

This is the exact language:

(c) CONFLICTS OF INTEREST.—To avoid any conflict of interest, no nominee or board member shall be—

(1) an individual who has a financial interest in or provides goods or services to covered horses;

(2) an official, officer, or serve in any governance or policymaking capacity for any Thoroughbred industry representative; or

(3) an employee or have a business or commercial relationship with any of the individuals or organizations described in paragraphs (1) or (2).

You can tell me if I am not reading that correctly.

The Bill also provides for the development of Standing Committees comprised of experts. I mention this only because the function of such committees eventually becomes a cost center.

The duties of the THADA will include

(1) lists of permitted and prohibited substances and methods;

(2) a schedule of sanctions for violations;

(3) programs relating to anti-doping research and education;

(4) testing procedures, standards, and protocols for both in-competition and out-of-competition testing;

(5) procedures for investigating, charging, and adjudicating violations and for the enforcement of sanctions for violations; and

(6) laboratory standards for accreditation and testing requirements, procedures, and protocols.

This is pretty standard stuff – in fact, it pretty much is what racing commissions do now. However, bear in mind, that any group with a specific agenda would now only have to convince the THADA to make a rule instead of 38 jurisdictions.

Also, consider one other thing. U.S. law does not apply in Canada. What do we do if Woodbine doesn’t adopt the same standards as THADA?

The authority of THADA is limited by the Bill. While they can decide which substances are permitted and prohibited, what the penalties should be for violations, what testing procedures should be, and how violations should be investigated, charged, adjudicated and enforced, they can’t actually do the work themselves. For that they would be dependent on the States. Perhaps not the most efficient organizational structure.

So to this point we have a THADA board primarily comprised of people outside of horseracing, with no representative from the primary funding group, with the same duties and responsibilities that current racing commissions have for developing drug and medication standards and associated penalties.

While THADA makes the rules and decides HOW they should be investigated, prosecuted, adjudicated and penalized, they leave the actual work of doing those things to the state racing commissions. Once again, the implication is that the state racing commissions are not getting it right, and need to be told what to investigate, how to investigate, and how to punish.

As has been noted, the centerpiece of the Bill is the anti-doping program. The program is required to include

(1) a uniform set of anti-doping rules;

(2) a list of permitted and prohibited substances and methods;

(3) a process for sample collection and analysis and test distribution;

(4) programs for in-competition and out-of-competition testing (including no-advance-notice testing and mandatory reporting of each horse’s location for testing);

(5) investigations related to anti-doping rule violations;

(6) management of violation results;

(7) laboratory accreditation; and

(8) disciplinary hearings, which may include binding arbitration, sanctions, research and education.

Once again, this is pretty much what racing commissions are responsible for now, although if you look at number (4) it seems like they grabbed the language right out of the U.S. ADA handbook. Olympic athletes can be tested anytime they are in training. It will be interesting to see how it goes to test horses as they are coming back to the barn after a gallop just to see if they were juiced up for the exercise. I mean the whole point of horseracing testing is to ensure a horse is not RACING with an illegal level or illegal substance. This out-of-competition testing may make sense for human athletes, but I’m not so sure knowing a horse is at 29 nanograms of Banamine after a workout should be grounds for an enforcement action. All the statistics and all the current testing suggest that unlike, say, cycling, horses are not juicing with steroids and EPOs, and even if they were, they’d get caught on raceday. Unlike most sports, horseracing has zero-tolerance for the kind of performance enhancing substances they are interested in controlling in cycling or the Olympics. Plus, considering how much it is costing just to test horses from a race, how much more would it cost to institute random testing between races?

THADA includes the absolute insurers rule in concept. The problem with the absolute insurers rule in the modern environment is that there are counter measures available to determine instances when the trainer is not responsible for a horse’s bad test. Things like security cameras should be mandatory. Drug testing for backside workers should be required, especially in cases where the measured level indicates an environmental contamination. Pro-active testing of common supplements, including feed, should be required. Requirements for investigations on the part of the enforcing agency need to be incorporated into rules. Once again, there is a missed opportunity to fix the weak parts of current regulations.

The Bill allows THADA to enter into an agreement with the State racing commissions to implement any of the rules developed by the THADA. While the racing commissions cannot be trusted to make the rules, apparently they can be given a chance to enforce the rules. In essence, things look about like they do now, except THADA decides what the rules are. In that case, the existing labs that are doing the sample testing will wind up being the labs doing the testing under the new THADA regime. After all, the states will still be responsible for sample collection and transport to the lab. One more thing that looks like the status quo and obviates the need for overlying federal legislation.

The really bad news is that the Bill states, Nothing in this Act requires the United States Government to provide funding for or to guarantee the debts of the Authority. The funds necessary for the establishment and administration of the Thoroughbred horseracing anti-doping program shall be paid entirely by the Thoroughbred horseracing industry…

The initial funding of the THADA would be done using donations and loans that would be paid back by assessing each jurisdiction a monthly payment. That payment would then be used for the continuing funding of the THADA. I don’t have a calculation handy, but considering the state payments have to fund the operation of THADA and all it’s standing communities, the only thing that stands between us an a multi-million dollar authority is the frugality of the appointed board.

If for no other reason, every serious horseplayer should oppose the legislation because unless states give up a portion of the take going to their operations (not likely since in the end they don’t really have less to do) the take will have to rise to cover the cost of running THADA. The number one issue for serious horseplayers is getting the take reduced, and anything that means it will be raised is not a good thing for us.

If the real purpose of the Bill was only to harmonize medication and drug testing and enforcement, there are avenues that could be explored short of federal legislation. In fact, I’m not sure we could successfully argue efforts to create uniform rules and standards have utterly failed. More and more jurisdictions are adopting ARCI’s uniform medication rules. While it may have taken time, ARCI may have succeeded in eventually getting all the major racing jurisdictions to harmonize.

Given who is supporting the Bill, it is hard to conclude anything other than the hidden agenda is the banning of raceday Lasix in all jurisdictions. Even if you favor a Lasix ban, it would be hard to sustain an argument that necessitated creation of an additional layer of oversight consisting primarily of people who know little about horseracing, and raising the already stiff amount horseplayers pay in the form of the takeout.

WHOA and the other Bill supporters are making an end run around the existing system because they have not been able to get their way by pushing the racing commissions. It is incumbent on these groups to make their argument irresistible if they expect to get their way.

The Barr-Tonko legislation in its current form is at the least flawed and at the most unnecessary. I believe most horseplayers would agree the discussion of medication and drug standards, enforcement, and punishment needs to occur. Harmonization of rules across jurisdictions should be part of that discussion. And when those discussions occur, ALL the stakeholders need to be represented. If HBPA, ARCI, WHOA and the rest of the Coalition for Horseracing Integrity don’t agree to start discussions with a sincere intent of reaching consensus, we may all find ourselves living in a regime none of us really wanted.

 

Selections

Aqueduct November 15

After yesterday’s results I’m wondering if most of us aren’t swimming upstream at AQU. I was especially taken by the crowd in the Red Smith. They made Mr. Maybe a 2-1 favorite against War Dancer, Kaigun, and Mr. Speaker. After the scratch of Great DancerI thought Mr. Maybe would be the value play (see yesterday’s blog). Honestly I was wavering about whether to take him at 5-1, his ML price, but at 2-1 it either meant the crowd had lost it’s collective sanity, or they provided the very definition of a synergy. It turns out all the big money was on a Chad Brown runner that had just won an OC $62K race. When the crowd is that smart, it’s going to be hard to make a buck. In nine races, other than the fluke in the second, the highest odds of the day were 9/2. It was a rarity, but I found no horses that looked like overlays in the entire card.  We’ll give it another try today.

Race 1      1-2-7

Hard to say if this race will produce a price, but the horses that have started do not look particularly superior. Mo d’Amour is a first timer for Todd Pletcher. Uncle Mo’s progeny have run well this year and the workouts look like typical Pletcher. Carella has two fair starts and gets Lasix today. Albertrani is not usually known for early success so the horse can get upgraded today. Rayella was sold for $170K off a $7,500 stud fee. Couple of sharp works suggest she’s in the mix.

Race 2      2-5-6

This has the appearance of a race any of the starters can win. Bird Prince just won for $25K and was claimed by Abby Adsit who is pretty fair with her claims. I’m banking that she keeps the horse rolling. Despite running for modest claiming tags, Aleander has been competitive in almost all his 2015 races and just won a $25K NW3 last out. He’s got two wins and two shows in four starts at AQU. Point Hope came off a short layoff to destroy a field last out. Came back with a good work two weeks ago and should be well recovered from the effort off the layoff.

Race 3      6-8-5

This is a pretty sad group all in all, with only one horse garnering his two wins in less than 10 races. Reach for Yield was grabbed by Michelle Nevin last out and she is 25% first off the claim. He’s got a good turn of foot and a win at the distance. Police Camp has run lifetime best figures in his last two starts and should be one of the horses coming toward the end. His last win was at the $40K level and at his best he’s competitive here.Talbot County is listed at 15-1 ML. He’s been racing at much higher price levels and has a win at $40K this year. Worth a look at the price.

Race 4      1/1A-6-8

She Is My Hero goes for Andrew Lakeman. Of the two she looks the weaker but she did show some speed last out when the blinkers went on and may be on the improve. Stoneheartedlover has been knocking around at this level a while and has the figures to compete with this group. Phocea ran a good second in a race where the jockey lost his whip and gets a big switch to Irad for this trip. Could be the move that puts him over the top. Mohawk Lily has been close without winning in a third of her starts. Goes back to Cancel who rode her well the one time he was up.

Ra ce 5      3-2-7-9

Jumpin Frac Flash made a serious price drop at the Meadowlands after struggling at the $50K level. He’s good enough to compete with this group. In Trouble makes a big drop to the $25K level and if he runs his best he’s got a big shot here. Chang’s Secret has run well in turf sprints and stretches out today. Given his speed he may be a factor. Celebrity Warrior has been running well in NJ and fits the conditions.

Race 6      1-7-3

You Got It has been gelded since his last start and is dropping from MSW to $40K. His first race says he can run with this group and Ru Rod is good with the drop to MCL. Zababa is another dropping from MSW and showed speed first time out. Asmussen is 24% second time out. Littlebitadominic goes second time for Linda Rice and she is usually better on the second start. He adds blinkers today.

Race 7      1-6-8-3

Sea Coast ran lights out first time in the states. If he runs that race he’s the winner. My Cara Mia takes the blinkers off after running a dull race with them on. Prior to that she won an allowance and finished a length and a half out in the Riskaverse. Neck of the Moon dead heated for third in the Ticonderoga and prior to that won at the NW1X level. Figures say he’s competitive. Fresh Feline comes off a bunch of consistently good races at the OC level. He’s run well on the turf and looks to transfer that to the dirt.

Race 8      6-3-7

Sherifa has plenty of speed and cuts back to seven furlongs. He’s run well at AQU and Linda Rice is good off the short layoff. Old Harbor has run well in state bred turf events and looks to make a splash on the dirt. He has a win and a second in two starts on the dirt. He’s definitely one of the classier runners. Saythreehailmary’s has done well at this level and is three of three in the money at AQU.

Race 9      6-8-2-5

Purim Party has shown speed in his last two and at 12-1 is worth a look. Loose Money has closed well in his last two, including a MSW. Should be coming again today. Plundering has been knocking on the door without getting through. One more chance today. River Knight is another with speed who just can’t seem to kick past the winner. As usual, he will be the one to catch.

Selections

Aqueduct November 14

I’m expecting we’ll be back on the turf today. The fist three races have five horse fields, so I’m not going to spend much time doing analysis.

Race 1      2-3-1

Race 2      4-1-3

Race 3       2-5-3

Race 4       3-1-9

The scratch of Boss Man changes the race slightly. Harpoon was a winner in a $25K starter handicap last out at the Medowlands and returns to the NY circuit today. He’ls not been as happy winning as finishing second, If he’s gotten the winning idea he has a good chance here. The Steve Klesaris entry of Three for Me and Frogman Mel look very strong here. Three for Me has been running well in 2015, not running a bad race until his last one when he checked sharply. Frogman Mel has had a good 2015 and has a win over the AQU turf. Elroi is the best closer in the field and should be doing his best running in the stretch.

Race 5      4-3-1

Governor Malibu comes off a 3rd place finish in the Sleepy Hollow at today’s distance. He’s been improving with each race and gets first Lasix today. Mind Your Biscuits stretches out today after finishing a dull third in a state-bred stakes sprint. This is a much weaker field and he is competitive here. Holdtherightcards has finished midpack in a couple of state-bred MSW and may catch a slice.

Race 6      9-6-1

Indebted comes from Woodbine where he ran evenly in the Toronto Cup. He certainly fits at this level and should appreciate the slight cutback in distance. Disco Partner didn’t like the mud in the Allied Forces but when he got back to the turf ran a big one. Looks primed to continue today. Rock Eagle was closing with interest in his last race and given the short number of career starts has lots of room for improvement.

Race 7      The Red Smith Handicap (G3)

One of the principles I attach to turf races is that Grade 1 horses are superior to Grade 2 horses which are superior to Grade 3 horses. The exception to that rule is a three year old that improves late in the season. The questions are, who are the higher level horses, and are there any three year olds that fit the bill. To start, there is only one three year old in the field, Great Dancer. Great Dancer arrived here from Ireland and was given to the care of James Lawrence. Lawrence is not a high percentage trainer and that counts against the horse. However, Great Dancer has improved with each start in the U.S. and ran his best figure since arriving here in the Grade 2 Hill Prince. The fact that the race was on a soft turf is another point in his favor. That may be offset by the fact that he’s never been the distance, and his breeding doesn’t suggest improvement with longer races. The final point in his favor is the jockey, Kenneth Carmouche, who has been as hot as any rider at this meet. For me the bottom line is this. Yes, he’s got a chance, especially considering we haven’t likely seen his best. The 20-1 ML odds indicate you could get a substantial reward for taking the chance. But realistically, you are taking a chance on a horse that hasn’t been proven at the class or the distance and banking on sharp improvement from a trainer that hasn’t been inspiring. I’d feel fine about using the horse in the verticals, and depending on how the odds break maybe a small win bet, but I’ll admit there would be an element of gambling in the bet. War Dancer is a solid Grade 2 horse that has been competitive against the top Grade 1 horses, including Slumber, Twilight Eclipse, Big Blue Kitten, Red Rifle, and Flintshire. He has a couple of positives. First, he likes to run toward the front, and in a race with very little speed, that will be an advantage. Second, he’s proven at the distance. The down side? His last two races look like he’s starting on the down side of his form cycle. He has Bill Mott and top turf rider Jose Lezcano going for him, and he’s had a month to get ready for this one. If he runs back to his spring/summer races, he tops the field. You’ll have to answer the question of whether he’ll regain that form, but you leave him out at your own peril. St. Albans boy looks a cut below the best in here, but he will do well at the distance. Iron Power is mildly dangerous because he has shown a lot of ability to set the early pace. Lately Clement has asked the horse to press, but it really looks like if he is to have any chance, he’ll revert to the front-running ways. Kaigun is another solid Grade 2 horse with plenty of experience with Grade 1 horses. His last two starts at Woodbine returned two nice figures. The Canadian International gave him experience at a mile and a half, an eighth of a mile longer than today’s distance. Mark Casse is a top trainer in Canada or the U.S. Definitely a contender here. Mr. Speaker is another solid Grade 2 horse, and has a victory in the Grade 1 Belmont Derby at a mile and a quarter. Shug McGaughey finally seems to have the horse on the right path, and off his best he is a deserving favorite. Holiday Star is not outless, but he seems to be a Grade 3 horse at best. His last two Grade 3 wins came in the Sycamore at Keeneland and he looks in the second tier. Mr. Maybe is the X-factor horse. He doesn’t show any graded races, but he did switch to Chad Brown who got him to win immediately at today’s distance. That race was an OC $62K, so he’s got a lot to prove, but he might be worth a thought in the back holes. Charming Kitten is without a graded win in the last two years, and although he gave Holiday Star a run for his money in the Sycamore, he doesn’t inspire me. The race comes down to three groups. The solid Grade 2 horses are Kaigun, Mr. Speaker and War Dancer, and I’ll select them in that order. Great Dancer is the improving three year old, and Mr. Maybe could be any sort now that Chad Brown has taken over the training duties. For me the most likely winner is one of the top three, but the value may lie in the other two.

Race 8      9-3-5

Ogermeister does have two wins, but 7 place finishes. He’s always competitive but often fails in the stretch. Still, should be part of the picture today. Howaboutwe  is coming in off a two race win streak, albeit at FL. He seems to be in top shape and Englehart is a great manager of getting his horses in the right spot. Adirondack Posse moved to the dirt to break his maiden and ran a decent race in his first with winners. Looks to be on the improve and should compete here.

Race 9       5-1-7

Bank Float has been competitive with much better in the recent past and looks like the strength of this field. The Imposter ran well after the claim by Joe Sharp, just missing at a lower level. He stetches out today but shouldn’t have any trouble with the distance. Should pass the test today. Chunnel comes off a win at a level down from here but has run well with better in the past.

Selections

Aqueduct November 12

Most likely another day with lots of scratches. Only Race 7 stayed on the turf. Speed seemed to hold up well yesterday so we’ll be looking at some of the speed horses today.

Race 1      3-4-7

Race 2      7-1-6

Race 3      1-3-2

Race 4      1-4-5

Race 5      1-4-2-9

Race 6      7-4-2

Race 7      4-3-1

Race 8      4-6-9

Race 9      6-3-1

Stories and Reporting, Uncategorized

Roy Sedlacek

Long time trainer Roy Sedlacek has pled guilty to using a product containing the drug AH-7921.

For those of you not familiar with the drug – that would pretty much be all of us – according to Wikipedia, “AH-7921 is an opioid analgesic drug selective for the µ-opioid receptor, having around 80% the potency of morphine when administered orally.”

According to Matt Hegarty’s article in the Daily Racing Form, the drug would not only act as a painkiller, but also as a mild stimulant in horses. That sounds like the greatest illegal drug you could have come up with to give to racehorses. The horse feels no pain while simultaneously wanting to run all day.

AH-7921 was thought to have been developed in the 1970s by Allen and Hanburys as a strong pain reliever. It was never developed commercially, but experts have suggested the substance may have been re-created using information from archaic science reports.

According to toxicologist John Ramsey, “We don’t know anything about the health consequences of using these sort of things because no research has been done on it. It is generally accepted [AH-7921] could be hazardous and you have to go out of your way to find it.”

Speculation is that the drug is being synthesized in China and India and is being used as an ingredient in synthetic marijuana. Apparently, some of these supplement companies have also found it.

According to the DRF article, “Sedlacek testified [at his hearing] that he administered an oral substance to the two horses approximately three hours prior to post. Furthermore, Sedlacek said that he was under the belief that the substance, which he obtained from a website, contained “ITPP,” the acronym for a powerful performance-enhancing substance that is extraordinarily difficult to obtain but that is often inaccurately listed as an ingredient in products with highly dubious claims most often obtained from Internet companies.”

DRF looked on the “notorious” internet supplement seller site, horseprerace.com, in search of ITPP with no success. However, if you go to horseprerace.com, you’ll find that not only are they interested in helping the horseracing community, but greyhounds, camels, alpacas and racing pigeons. Perhaps the Barr-Tonko bill could be amended to include the rest of the menagerie of racing animals as part of any potential drug testing program. It certainly proves the point, if someone is betting on it, someone else is looking for a chemical edge. I mean, supplements for pigeons? Seriously?

I loved the product names at horseprerace.com. Here are some.

  • Blast Off Pressure (a diuretic to help EIPH), primarily ammonium chloride
  • Numb It, once known as the Purple Pain Injection. This stuff is so good, the formula is proprietary, so buy it at your own risk.
  • Game Time Injection to help your horse focus.
  • Lightning Injection (how can that be bad?)
  • Super Shot Injection, which apparently works as well on camels as horses.
  • Green Speed, something that produces a sense of euphoria and alertness.
  • And my favorite, Superfecta.

I don’t know about you, but it would be pretty tempting just to see if Lightning Injection could turn your average $12K claimer into the equine equivalent of the Flash.

None of the listed ingredients for the products I clicked on looked like synthetic morphine, but anyone who is familiar with the regulation of supplements knows that they are not required to have an FDA certification. All a firm is responsible for ensuring is that the products it manufactures or distributes are safe, any claims made about the products are not false or misleading and the products comply with the Federal Food, Drug, and Cosmetic Act and FDA regulations in all other respects. However, the supplements may or may not contain the exact amounts of the specified ingredients and they may have contaminants. While there are reputable supplement manufacturers, there has always been variability in that market.

In Sedlacek’s case, it appears his intent was to try to gain an edge with supplements, so whether the product he bought listed AH-7921 or not is irrelevant. Whether he knew exactly what he was buying is equally irrelevant. He was likely offered a plea deal that limited his suspension to five years in return for a guilty plea – that happens all the time in most jurisdictions. There’ll be a lot of people screaming for a lifetime ban, lest everyone get the message that you can cheat and get off relatively easy, but there isn’t a criminal justice jusrisdiction that doesn’t plea bargain most of their cases, rightly or wrongly. Let’s hope the Commission knew what they were doing.

Given Sedlacek had started so few horses this year, the potential damage was limited. Still, there were a number of things I found bothersome. First, while I haven’t looked at the Commission hearing record, there has been nothing in the media to confirm Sedlacek identified the “oral substance” by name (other than to say whatever it was contained ITPP) so other horsemen would know not to use that product. Second, the Commission apparently didn’t provide the results of the test that found AH-7921. The head of the lab that found the drug was certain it was injected on raceday, but what’s the big secret? I have always believed racing fans have a right to know whether a trainer is being accused based on a level that is more likely cross-contamination, at such a level that the drug would have no efficacy, or definitely at a performance enhancing level, regardless of whether the trainer pled guilty or not guilty.

The groups that I would really like to take to task are ARCI (Association of Racing Commissioners International) and RMTC (Racing Medication and Testing Consortium). They know about the internet sites that are selling unregulated supplements, and RMTC has done some testing of supplements. Instead of racing commissions spending the largest part of their enforcement budget trying to catch “cheaters” after the fact, as part of continuously cleaning up the sport commissions should fund RMTC so that they can continue to regularly order Lightning Injection and as many of the more commonly used supplements as possible and continuously test them. The commissions should be funding studies on horses in training to determine if the claims of the supplement manufacturers hold any water. They would publish all the results of their testing and studies and send out bulletins to the horsemen with the results. If they found certain substances would cause positive tests, they would inform the horsemen immediately and put those substances on a banned list. Everyone involved needs to be proactive, not mainly reactive.

Why don’t the commissions take the initiative? RMTC would tell you it would not be cheap to do so because there are so many supplements out there, the supplement formulas constantly change, and testing in the past has not been fruitful in their opinion because of the low percentage of illegal substances found. However, if RMTC is finding illegal substances in any of the supplements they are testing (and they are), that should make the program valuable and necessary. I’ve also said in the past, if you can afford to do over 300,000 blood and urine tests a year, you can figure out a way to divert some of that testing money to research that would benefit the sport, and especially the horsemen. And you can’t tell me the horsemen wouldn’t be happy to to see research that could wind up preventing them getting the same five years Sedlacek got.

In my opinion, the problem is that ARCI does not see itself in partnership with the horsemen, but views the horsemen as the enemy. Instead of working together to prevent violations, ARCI seems far more focused on the enforcement part of the equation. They are beside themselves when they find a picogram violation of a therapeutic medication, but wouldn’t it be far more satisfying for them to say they helped to get a useless or dangerous substance out of the barns of trainers? Wouldn’t it have been better if Roy Sedlacek never had a positive test? Wouldn’t it instill confidence in horseplayers if they read that regulators, testing groups and horsemen worked together to get rid of some harmful supplement?

Don’t just put out an alert for jurisdictions to test for AH-7921. Get the supplement Roy Sedlacek used, test it, and if it contains Class 1 substances, make sure to tell trainers not to administer it. Is this really that hard?

Selections

Aqueduct November 11

Happy Veterans Day and thanks to all who have served. Interesting AQU card.

Now that the track has come up sloppy and off the turf, fields have gotten shorter and the shape of races have changed. I’ll offer a couple of adjustments.

Race 1      2-7-6    C=2     V=2

No scratches in this race so I’ll leave the choices the same. Touchdown may get a bump up if the track favors speed.

In a race where it looks like a number of horses have legitimate chances, I’m starting with Jai Alai. Since breaking his maiden for $40K he’s been trying higher priced fields. He cuts way back today and given his recent figures he’s a competitor in here. Husion is 27% off the short layoff. Bird Prince is another dropping way down for this race. He’s got plenty of speed and may hold it better in a lower price field. Touchdown is an interesting runner that get first Lasix. He seems better adapted to a dirt sprint and at 12-1 I’ll be thinking about having him in my exotics.

Race 2      8-9-2-5    C=1    V=1

Seeking Alpha and Caldera were scratched and only five starters remain. Moss Code may move up on the wet track. Bluegrass Rye and Contradict stay in the top three. 

Seeking Alpha has the best last race figure and drops from MSW down to the claiming ranks. Blugrass Rye improved in his last race when dropped down and a similar effort puts him right there. Caldera can be excused for his last and gets back to the grass today. Given he has fewer starts than most in here there is room for improvement. Contradict is a proce dropper with competitive figures.

Race 3      3-5-1    C=2    V=2

With Irish Whisper out I’d move Lady Gracenote up. Run a Dubb Dubb and Bileaps and Bounds remain in the top three.

Run a Dubb Dubb has had a pretty good 2015 and drops in price for this race. Her last two wins came at this level. Bileaps and Bounds has the top speed in the race, and while she’ll likely be challenged she’s 4 of 9 in the win column this year. Irish Whisper is 2 for 2 on the AQU dirt. She’s only had three starts this year and has figures that give her a good shot to win.

Race 4      2-7-1 (11)    C=1    V=1

The top choices all stayed in the race, and Module drew in. Module definitely factors in the race.

Anna Creek ran well after breaking from the outside. Chad Brown and Irad Ortiz are deadly with two year old turf fillies. Mo’s Ginny improved when moved to the turf and should have an impact today. Gold Medalist didn’t look sharp last out but has been freshened and moves to the turf where she’s better bred. If Module gets into the race she’s a definite contender.

Race 5      6-5-8    C= 1    V=1

Head Shrinker improved when moved from the turf to a dirt sprint. Stays at the right level for this run. Live Like Jay drops from MSW and gets first Lasix. Last race produced a lot of next out winners and the works should have her ready to go. Show Giant is a first timer with a good workout pattern. Gary Gullo is good with first time starters.

Race 6      8-2-6    C=1    V=2

The top choices stayed in and I’ll stick with them.

Geaux Mets comes from FL to challenge an OC$40K group. He’s a win type that rarely runs a bad race. Should have a good spot to run at the leader and off his best figures is competitive here. Bass River Road has been popular at the claim box lately. Will have to make sure to get a good spot from the rail but has the talent to be a factor here. Gypsum Johnny hasn’t been out of the money in four months but has had trouble cracking the winner’s circle. Was a winner last time he was on the AQU dirt.

Race 7      2-3-7-10    C=1    V=1

Of the top choices only Rontos New York stayed in this race. G R’s Giant moves up substantially in this field.

Dynamic Decision drops down in search of a win today. His lifetime numbers stand above the field, so his best effort should give him the win. Whippo comes off a solid maiden win and should be one of the front runners here. Britannia’s Most was over his head in the last two and drops to a much more likely level. Rontos New York has had trouble cracking the winner’s circle but could be useful in the verticals.

Race 8      2-1-6    C=2    V=2

Ocean Knight has been handled well by McLaughlin and seems ready for this step up. His last race was impressive and a repeat makes him the danger. Madefromlucky has three wins in seven tries this year and he’s been racing exclusively in graded stakes. Should find this easier group easier to handle. Tommy Macho is another coming out of graded stakes and should also benefit from catching an easier field.

Race 9      6-10-2    C=1    V=1

With Secure Access and Laquesta scratched and Tessio in the race, Tessio gets the nod with Scatoosh.

Secure Access improved when moved to the turf and has a last race figure that should dominate the field. Laquesta should be one of the horses close up early and she’s shown some courage in the stretch. Scatoosh improved when stretched out and a repeat performance puts her in the mix.

Selections

Aqueduct November 8

Race 1      2-4-7    C=3    V=3

Congrats Kid has two races that are better than looked. He’s dropping from MSW down to the claiming ranks and has a good workout 10 days ago. Gets first Lasix. Lots of small positives. Little Schmo is another making a substantial drop today. Has some early foot and seems better suited for the dirt and the sprint distance. Ghostcatcher is another of the price droppers. Takes the blinkers off today and has a nice work in prep for this.

Race 2      7-5-8-6    C=1    V=2

This race was an awful mess to handicap. I finally settled on Threes Are Wild, a colt making his third start. He improved in his second start, puts blinkers on, and despite the very low key trainer he manages to attract Irad. Could prove the value. Colonel Jessup has shown a lot of early foot and may be tough to catch. The 13 starts are a negative, but given the long odds he’s worth a look. Mind Magic has been close at this level a few times and has the best lifetime figure in the field. Freudian Lights has three third place finishes in a row, and figures at this distance and price.

Race 3      2-1-5    C=2    V=2

Son of a General was claimed last out by Asmussen. Horse has a win and two seconds in four starts this year. His figures have been consistent and given he’s running at the same level as last out, he has to be a serious contender. Day of Fury finished second at OC $62K and drops down to the $32K level. Has had a good 2015 and DJ is always dangerous off the drop. Integrity was a winner last out at a slightly higher price and should be the one to catch.

Race 4      1A-3-4    C=2    V=3

Wheels Up Now goes for Albertrani who is not especially strong with first time runners, so you can excuse the first race. He adds Lasix for this start and has the best last race figure. Solid in the win slot. Condo King ran well in his first start last May and has been working well for the return. Stradavari goes first time for Pletcher/Velazquez and has a typical Pletcher pattern.

Race 5      6-2-7    C=1    V=1

Undertherainhas the best early foot in the field and has competitive figures. At 12-1 he’s worth consideration. On a Star has been in the money three of five starts this year and has the best last race figure. Ten Penny Princess is four of four in the money this year and ran a lifetime best last out.

Race 6      3-1-8    C=1    V=2

This race is highly competitive where even the longshots look like they have a chance. I went with Juba, a solid horse at this level. He’s been good throughout 2015 and has the best last race number. S’maverlous is on a four race win streak and can’t be discounted. Lucky Lotto fits at this level and has competitive numbers. At 15-1 he’s worth a second look.

Race 7      1-4-7-8    C=1    V=1

All Over Me won his last out and makes a pretty good drop today. He’s one of a number in here with chances. Hyman Roth has had a good 2015 and jumps up a bit in price, but his numbers say he’s right in the mix with this group. Frrogman Mel has done well at higher levels and drops down looking for the win. Cozy Kitten has had trouble winning but has been coming every race. Could be a stretch factor.

Race 8      7-5-1    C=2    V=3

My Super Nova is a bit of an enigma. She’s looked good in 2015 but hasn’t been able to crack the winner’s circle. Plus, her one race over the AQU dirt was poor. Still, in this group she has to be given a long look. Golden Gem is another that has looked competitive but can’t seem to find the winner’s circle. Violette has had a quiet AQU meet so far, puts the blinkers on and gets a good jockey switch to Castellano. She’s All Even just broke her maiden last out in a good time. Jumps up today but at 10-1 still has to be considered.

Race 9      2-3-9    C=1    V=2

Energy Policy ran well first time out, stretches out slightly today. Very much in the mix. Next Shares makes his fifth start. In his first two starts he finished second in a MSW and then second in a Grade 2. He led to the stretch in the Pilgrim but faded five lengths. In his next out he bobbled at the start and lost any real chance. With a clean start he should be right there at the wire. In Equality showed a little bit of speed last time and didn’t fade that badly. Gets Lasix today. Love the chances at 15-1 ML.

Selections

Aqueduct November 7

Race 1      5-4-1    C=2    V=2

Resourceful looks like the clear frontrunner and will have to be caught. Danzig Storm was one of the horses that slipped by Resourceful last out and certainly looks competitive in this field. Ross J Dawg is a head and a neck away from being undefeated and if he takes to the dirt he’s going to be dangerous.

Race 2      1-4-8    C=1    V=1

This race was confusing and I spent quite a while on it before reluctantly coming up with three choices. Pep the Champ got the nod. He was claimed last out by Joe Sharp who is 27% first off the claim.  Elroi is the best closer in the race and should be coming at the end. Changewilldoyagood drops out of a state-bred OC$40K into a $35K NW3. His figures say he is competitive here.

Race 3      2-8-4-5    C=1    V=1

This race has a ton of early speed and not a lot of closers. Longfor the City has three recent races that were competitive at the distance. He’ls the selection based on him looking like the best finisher. Between the Lines hasn’t been worse than second in over a year and gets top apprentice Cancel in the saddle. On Tap only has two starts. Has been off since January, but has a good third over the AQU dirt. Alex the Terror has improved since the claim by Toscano and figures to be in the mix today.

Race 4      4-5-11-10    C=1    V=1

Sassy Spirit made a big improvement when moved to the turf and at 12-1 ML should be considered. Two Below was wide in a five horse field but closed willingly for second. Another longshot with better outs than her odds suggest. Tiyo ran a good one first time out. Castellano rode her in that first race and the switch to De Sousa is not encouraging, but if she gets the right ride she’s in the mix. Stupefaction ships in from Parx, drops out of MSW, and gets first Lasix. Interesting combiantion.

Race 5      9-1A-4    C-2    V=2

Super Psyche was not at his best on the slop last out but prior to that just missed on the SAR turf. Pop the Hood looks the stronger of the Broman entry. He hasn’t looked strong in the stretch but adds blinkers in an attempt to focus. River of Magic has a couple of mediocre races and Weaver takes the blinkers off and moves him to the dirt. His breeding looks far more adapted to the dirt.

Race 6      7-1/1A-5    C=1    V=1

Bigger Picture was unlucky not to be on a two race win streak. Horse rarely runs a bad one. The entry of Midnight Notes and Mr. Rosenthal look formidable in this group. One is more front, the other more off the pace from mid-pack. Both have been in good condition lately. McIlroy has had some seconditis lately but the numbers say he has a reasonable chance.

Race 7      3-2-8-6    C=2    V=2

Send It In moves up off a win at the $50K SA level. Will be closing and hopefully will not run out of real estate. Uncle Sigh was well regarded in early 2014. His two return races have not been that impressive. He’ll be a favorite but looks vulnerable. Full of Mine usually runs a competitive race and should be around at the end. Euros to Dollars makes his fifth start and has been improving with each start.

Race 8      3-4-8-2    C=1    V=1

This is a very competitive edition of the Long Island Handicap. There are probably seven horses you could make a case for. Goldy Espony is dangerous if the pace is leisurely. Rosalind is very tractable and has figures just as fast as any horse in the race. Danza Cavallo nearly won the Grade 1 Flower Bowl and nearly won this race last year. Evidently is the sleeper horse in the field. Her Grade 3 efforts are not great, but her figures say she has an excellent chance, especially since she has the best closing kick. Gottachancetodance looks overmatched her. Mei Ling is MTO. Courtesan is another that looks overmatched. Mutatis Mutandis is a step slower than the top two but given that her last was her first in America, she could make a big step forward. A definite contender. Crisolies has looked excellent since moving to America, although in lower grade races. Still, her numbers say she has a legitimate chance. Walk Close and Interrupted don’t look like they have real shots here.

Race 9      1-9-4    C=2    V=2

Spooked Out has one race and it was a good one. With small improvement he runs away from this field. Gaming improved significantly when moved to the dirt. Hit It Once More has run two good races, although it’s a little disappointing he didn’t break through. Still, can’t ignore him in this group.

Selections

Aqueduct November 6

Race 1      3-6-1    C=2    V=3

Greek Life drops slightly in price off a win in an open $20K. She’s already improved off the claim by Falcone. She’s a 50% winner this year and is well suited for the distance. Colonel Juanita has been consistent this year and has been popular at the claiming box. Despite the jump in price she’s got competitive numbers and should be the one to catch. My Donna Jean was taken by Contessa last out. Has a win and is 3 of 5 in the money at AQU.

Race 2      3-1-8    C=2    V=3

Lots of horses with multiple starts in this maiden affair, but I like looking at the horses with fewer starts. Counter Culture made a good debut at 6.5 furlongs and puts the blinkers on for this effort. That first run was really better than looked considering she got caught up in a lively speed duel. Beating Heart Baby is listed at even money on the ML, and while she has plenty of outs, she isn’t clearly superior to the top choice here. She’s been off a year, but switches to trainer Michelle Nevin who is 24% with the long layoffs. Lil Renegade showed some speed when moved to the turf last out and definitely looked improved.

Race 3      5-1-2    C=3    V=3

Theophilia has a ton of speed and is only 3/4 of a length away from being undefeated in 2015. Will have to be run down. Guayana has four wins in eight starts this year and has shown some liking for AQU. Always runs competitively. Natalie Victoria has the best last race figure. DJ usually rules the winter at AQU.

Race 4      11-9-2    C=1    V=1

Foolish Cause is listed at 20-1 ML. She’s shown some new maturity, although she hasn’t quite been able to finish. Perhaps the addition of blinkers will keep her focused to the wire. Matty’s Wondergirl is a nine start maiden that has been in and out of the money lately. Her numbers look competitive and perhaps number 10 is the charm. Break Away has shown good closing ability and should benefit if a pace duel develops.

Race 5       2-1-3    C=2    V=2

Cosmic Coincidence was claimed two back by Edward Barker 75% of his wins have come at this distance. Life’s Reward is dropping down a few levels in price. He comes off a win two back and followed that with a mediocre effort. Has the figures to top this field. Best Play is a new gelding and would be competitive off his best. We’ll see if the equipment change makes a difference.

Race 6      7-11-8-3    C=1    V=1

Miss Thursday dominated a field at Delaware and came back at Parx in an ALW NW1X where she ran pretty well. She’s been competitive since breaking her maiden and has the best last race figure. Daisy a Day has been competitive at slightly higher levels and has had improving figures lately. Shakespearian Dream hasn’t run a bad one in a while and beat a few others in here last out. One of a number of horses with good outs. Theresa Candyrose has a good tracking style, should get good position early and should have first jump on the frontrunners.

Race 7      5-4-6    C=2    V=2

This one looks like a battle between the two heavyweights, Chad Brown and Todd Pletcher. The good news is that both trainers are keeping the horses in MSW. The Brown entrant, Acapella, stumbled at the start last out but still managed to finish second. With a clean break she’s the danger. Pletcher’s horse, Taken by Surprise has two turf starts and moves to the dirt today. She’s better bred for the dirt and should improve at the sprint distance. Ditch Em goes first time for George Weaver. Uncle Mo’s progeny are off to a rip-roaring start and the workout pattern looks like he should have her ready.

Race 8      3-2-4    C=2    V=2

The Big Deluxe has dominating figures when he is at his best. He’s been a little off lately but drops to his lowest price in a while. Likes this distance and shows some liking for AQU. Pegasus Red was taken by Persaud out of an open $12,500 claimer. Moves up in price but with state-breds. Good enough to get the win in this group. Star of New York does well at the distance and at AQU and has been running consistent figures.

Race 9      3-7-2    C=1    V=1

Ally’s Envy has run two good ones and stretches out in search of the win. Ragazza Di Papi ran well first time out and should improve today. Lady’s First gets a trainer switch to Tony Dutrow. Has run figures as good as any of the starters in the race.