One Person Not Excited About the Triple Crown

"Aw, fuck," I can just hear New York Governor Andrew Cuomo mutter disgustedly when he learned that some horse won some race after winning some other race thus setting up some really big race at Belmont Park on June 9.

For one thing, I mean, he's just gotta be there, doesn't he?  I know that NYRA is the evil empire and all which has, in Cuomo's estimation, been involved in scandals every other week over the past ten years.  And yeah, it'll sure be rather awkward...especially in the light of the latest reported meeting between Cuomo and the NYRA Board on Friday. 

  Last Friday, Cuomo advised NYRA Chairman C. Steven Duncker, and vice chairmen — Michael J. DelGiudice, the speaker's appointee, James P. Heffernan, a Pataki appointee, and Charles Wait and Stuart Subotnick, NYRA appointees — that state control of NYRA is coming, including selecting the next chairman and nominating the next CEO. [Albany Times Union]

  Will he smile and exchange pleasantries with Ellen McClain, whose appointment infuriated him to the point of his invoking a legally questionable hold on NYRA's share of casino money? 

However, being at a Triple Crown race is just a governor-ly thing to do.   As always, we saw the Kentucky and Maryland governors at the post-race ceremonies of their states' big races.  So wouldn't it be even more awkward for the governor should there be a Triple Crown winner and he's not there?  Besides, given his presidential ambitions, I'd think he'd want to have his smiling mug up there before a large (we hope) national TV audience.  Most of those viewers around the country don't know anything about the so-called 'scandals' at NYRA.  And it's not like C. Steven Dunker is the equivalent of Jeremiah Wright or anything.  Who else would he send anyway?  Well, we know his Lietuenant Governor likes the races.  And there's always the smarmy Senate Majority Leader Dean Skelos, whose district borders that of Belmont; and who I'm sure would be willing to compromise on something he professes to stand for in order to get his mug on TV and try to take credit for everything that Cuomo has done.

Who knows, maybe Cuomo will go and actually get caught up in the excitement like most normal human beings would, have a beer with Duncker, establish a rapport, usher in a new period of detente, and not even be mad that they made him pay 10 bucks to get in?  Nah...

Whatsmore, whether the governor realizes it yet, the occasion of I'll Have Another coming to New York to try and win the Triple Crown will give NYRA the opportunity to shine on the grand stage, and show the state and the country what it does best - conduct high quality racing and handle big events such as this without a hitch.  Well, as long as the bathrooms are working, anyway.  The country will see the track in all its bucolic glory (via selective camera shots in the backyard area), with racing fans and casual observers of all ages basking in the sunshine (hopefully!!) and enjoying food and drink (that they didn't bring into the track with them unless they sneak it in as I will).  And all those people who have heard or read all the rhetoric from the governor, and who have read all those ignorant NYRA-bashing editorials over the years, will wonder, what's so bad about these guys?  "We anticipate a spectacular day of racing three weeks from now, and look forward to welcoming fans to beautiful Belmont Park," said Duncker in a press release issued shortly after the Preakness.  Indeed!

It was as if on cue that the Post and the Daily News chimed in with said editorials this past weekend.  The News referred to "New York’s publicly subsidized racing industry," referring, I guess, to the industry's share of slots money.  That echos a theme sounded by the governor a few weeks ago when he questioned if the industry should continue to be "subsidized."  I suppose one can claim that that share should go to the state for other purposes instead, but to equate it with taxpayers money as the News does is just a misleading stretch.  The News also calls for "Management that would consider fresh ideas, such as closing Belmont or Aqueduct and turning one of the properties into a revenue-generator."  Huh?  Year round racing at Aqueduct?  Comical, as Peter DeBoer might say.  And the Post is no better, having already jumped to conclusions about the investigation of the takeout snafu that has yet to be completed.  When Cuomo said last week that NYRA did not have the public trust, well it's little surprise when folks who otherwise no little about the issues are constantly fed crap like this.

 - I'll Have Another earned a fine Beyer figure of 109, but we didn't need to see any numbers to know that his effort was an extraordinary display of persistence and courage (not to mention some deft riding by Mario Gutierrez),.  For the son of Flower Alley to be able to catch a quality lone speed frontrunner who, under expert guidance himself, got enough of a breather to be able to skip away and open up daylight turning for home was truly the stuff that classic Classics are made of.  I'll Have Another was relentless in getting the last 7/16ths in 43.54, a rate of 24.88 per quarter.  That surely qualifies as "racehorse time," more and more an exception rather than the rule these days.  You can certainly disparage the rest of the field, nine lengths back to third and depressingly gapped out beyond back to last place Pretension.  But the top two and, with no disrespect to Bodemeister, especially the winner, surely proved to be worthy.  It will be a deserving horse coming to New York (he's actually already here) with a legitimate chance to end this Triple Crown drought.

  - And regarding Peter DeBoer, if you don't think the Devils are throwing elbows and setting illegal picks,watch here.  Let's Go Rangers!!

NYRA Response Just the Prelim

By now, you may have read NYRA's response to The Letter which represents a potential first salvo in a bid by the state to revoke its franchise.  The statement deals strictly with the accusation that NYRA acted improperly, and in violation of unnamed regulations and by-laws, in appointing Ellen McClain as the new CEO President (CEO position is still open), and Kenneth Handal as General Counsel.  Not only, according to NYRA, were the appointments part of its "fiduciary obligation to exercise its business judgment to protect the best interests of racing and the income stream that pari-mutuel wagering provides to the state," (good one!), but, NYRA claims, they were actually encouraged by Racing and Wagering Board Chairman John Sabini. 

  On May 1, 2012....Sabini sent a letter to the NYRA Board of Directors, which stated “…it is imperative that you provide an interim operational plan to the Board, especially who will be performing functions as Chief Executive Officer and Counsel.”  This letter contained no indication of any concerns or limitations with respect to these appointments.

However,  Chairman Sabini shot back that he never told NYRA to appoint a president and secretary, but did urge it to promptly set up interim leaders. [Albany Times Union]  Looking at the (clumsily worded) May 1 letter from Sabini, it's really a matter of interpretation and intent of the language, and each side can make a case in my view.

But that's just a pissing match, really.  For one thing, NYRA was fully within its rights, if not acting out of its "fiduciary obligation" (I love that phrase), to appoint Ms. McClain as CEO - interim, acting, or otherwise.  Reasonable people can surely argue over the wisdom, or even the appropriateness, of appointing the person who was the Chief Operating Officer while the takeout was too high as the new CEO President.  But the investigation into the takeout mess will run its course, and look, heaven help NYRA should it determine that Ms. McClain was involved in any improprieties whatsoever regarding the takeout being 1% too high on certain exotic wagers.

What will be of far more interest and significance is how NYRA responds to the most explosive elements of the letter - the withholding of its share (not, we're told, the horsemen's or breeders') of slots money, and the point-by-point accusations of material and/or non-material violations of the Performance Standards laid out in the Franchise Agreement and/or the Racing Law that could in theory lead to revocation.  Matt Hegarty writes in the Form: 

In contrast to portions of the letter pointing to its authority to revoke the franchise, the letter did not cite a section of racing law in which the state had the authority to suspend the casino payments, so it was unclear how the state arrived at that position. As a result, it’s likely that NYRA’s attorneys are exploring whether the state has the right to authorize the suspension of the payments, either under the franchise agreement or the state’s racing law.

   And you can sure expect NYRA to push back strongly considering that its attorney is Brendan V. Sullivan, Jr. - a Washington, D.C. defense lawyer considered one of the top in the business - that, according to James Odato in the Times Union.  Sullivan has represented, and quite successfully, such illustrious characters as former Senator Ted Stevens, Oliver North (“I'm not a potted plant. I'm here as the lawyer."), and Richard Grasso (in approximate ascending order of contemptibility).  Not only did Stevens get off, but the prosecution ended up being accused of prosecutorial misconduct in a scathing report by a special prosecutor earlier this year.  That might be something for Racing and Wagering, and the Franchise Oversight Board to think about considering their own failures, as the ultimate regulators, to themselves correctly regulate the takeout rate.

 - Here's a story about Pepsi dropping its sponsorship of the annual Tennessee Walking Horse championship in the light of horrifying allegations, some backed up by video evidence, of not only abuse, but outright torture of horses.  That video led to a federal indictment of a leading trainer. 

  The tape shows McConnell and his stable hands beating horses with wooden sticks and using electric cattle prods on them as part of a training protocol to make them lift their feet in the pronounced gait judges like to see. [ABC News]

It actually gets worse if you read on.  Sounds like this guy could use Brendan V. Sullivan, Jr.  But what I'd like to know....considering how so very concerned they've been of late about the treatment of the equine breed, why hasn't this been on the front page of the New York Times?  (Or on any page of the New York Times for that matter?)

Going Nuclear on NYRA

Here is the link  to the "nuclear letter," as described by Tom Precious on Bloodhorse.com, sent to NYRA Chairman of the Board C. Stephen Duncker by John Sabini, Chairman of the NY Racing and Wagering Board, and Robert Megna, Governor Cuomo's budget director and the head of the Franchise Oversight Board.  It was sent on the governor's stationary, as if it already wasn't serious enough, coming as it does from the heads of the two bodies empowered to revoke NYRA's franchise. And it constitutes the first specific threat to do so.  Once again, this is the relevant language in the Franchise Agreement: 

The franchise oversight board shall notify the franchised  corporation authorized  by  this  chapter  in  writing of any material breach of the performance  standards  or  repeated  non-material  breaches  which  the franchise  oversight  board  may  determine  collectively constitute a material breach of the performance standards.

The agreement grants NYRA the "reasonable opportunity" to cure any such violations.

Interestingly, the letter comes a week after Governor Cuomo himself expressed doubt as to whether the franchise could indeed be revoked. 

"I don't know that NYRA can lose the franchise....There is a contract ... the question is how you make it better." [Albany Times-Union]

The governor sounded there like a man who was speaking after having explored the possibility of revocation, perhaps concluding that the state didn't have a sufficient case.  And when I see that one of the three violations cited in the letter is: "The failure of NYRA to provide basic living conditions to the backstretch workers in its dormitories in Saratoga," I'm thinking that that may indeed the case.  If the state is resorting to playing that card at this point, then they must know they don't really have enough to make a clear-cut case for revocation.  We all know that the backstretch at Saratoga needs renovation, and Hayward always maintained that this would be the first use of the 4% share of VLT revenues designated for capital improvements.  And, if you go to the NYRA website, there's a 'Capital Projects Information' link at the bottom of the left-hand margin that discusses those plans as a project for later this year.  Of course, since that VLT money is now being held by the Lottery, NYRA would be denied their reasonable opportunity to cure any breach.  And, in fact, the "Backstretch" clause in the Performance Standards section of the Franchise Agreement specifically ties NYRA's obligation to make such improvements on its receiving that money.  So the state may run into a Catch-22 situation there if it continues to hold the funds.

What else is there?  There's NYRA's failure to produce documents related to the takeout investigation, which can easily be cured....the investigation itself, which I expect will show that NYRA acted out of oversight rather than malice....and the question of the spate of breakdowns on the inner track.  Regarding the latter, I think it's a stretch to frame that as a violation of the Jockey and Equine Safety clause in the Performance Standards section, which requires NYRA to weigh the installation of synthetic tracks and to "consider other steps in consultation with industry experts to ensure jockey and equine safety."  In fact, the latter is exactly what NYRA is doing with the investigation into the breakdowns (even if it was pressured into doing so), and that probe is of course still pending.  We don't yet know what caused the breakdowns despite what Joe Drape says, and it's surely unclear and subjective as to whether NYRA can be blamed no matter what the conclusion is, short of outright negligence.

And the criticism of NYRA's appointment of Ellen McClain as the new CEO is unfounded.  Section 2.5(d) of the Franchise Agreement reads, in its entirety: "New NYRA shall determine all officers of the corporation."  Period.  With the Belmont Stakes coming up, it's only natural and sensible that NYRA would want to have someone familiar with the organization running things for now.  Her appointment does not hinder the investigation of Takeout-gate, nor exempt her from being a subject of it.  However, surely the governor would like to have some kind of a say as to who runs NYRA and I suppose he doesn't like the fact that they went ahead and appointed one of their own.  I'm sure he'd prefer to have some tool in place there.  There's always Larry Schwartz.

So, to me, this may be more of a hissy fit by the governor and two men who have a direct personal and professional interest in deflecting any scrutiny whatsoever of their own roles in failing to notice that the takeout was too high, rather than a substantive threat to the franchise.  Unless, of course, Cuomo has changed his mind from his statement last week.  Surely, if NYRA is to stay, the governor will demand control of the Board, and this seems a tactic to ensure that he gets that, and whatever else he wants.  As he usually does.

 - Regarding the withholding of slots money, the letter refers to"racing support payments."  According strictly to the letter of the law, this would include all of the Genting money, including the funds earmarked for purses and breeders.  However, Precious reports in his piece:

Government sources confirmed the diversion of VLT proceeds to the lottery will not affect the breeding fund and purse accounts.

Coming Out

Members of the NYRA Board of Trustees met privately and directly with Governor Cuomo on Wednesday to discuss reforms to the racing association.   The governor was reported to have expressed doubt that the state could indeed take the franchise away; that despite the language in the franchise agreement that would allow the Franchise Oversight Board to recommend such a termination in the event of material or non-material violations; unspecified violations to be sure, but ones that a determined person could certainly frame NYRA's recent transgression as qualifying for.  So perhaps the meeting with the trustees and his comments represent a slight softening in Cuomo's position.  Still, he kept up the harsh, and misleading, rhetoric. 

"It seems like there is a never-ending list of the problems at NYRA. It’s not one incident. It’s an incident every couple of months for the past 10 years. [Bizjournals.com]

Well, I'd say that's more than a just a bit of an exaggeration.  It's a bunch of crap, in fact.  But in any event, the governor surely has other priorities; his latest involving taking the lead on increasing protections for disabled people, directly or indirectly under state care, from the kind of abuses that have been reported upon, by the NY Times in particular, over recent years.  (You see, the Times can have an influence, both good and really really bad, over matters that are, let's face it and with all due respect to the humans involved, far more profound than dead racehorses, when it's not wasting front page space on Joe Drape's various agendas.)  For Cuomo, it's the latest dance in his meticulously choreographed journey towards the presidential election of 2016.  His term in office will be a ready made marathon campaign infomercial by the time he's done with us, the citizens of New York who, along with the once powerful legislative leaders who are merely along for the ride, are just supporting players in his personal saga.  Here's the governor delivering balanced budgets on time; there he goes taking on unions and special interests; here he is making the tax code fairer without inordinately picking on the wealthy; protecting the most vulnerable around us; promoting gay marriage.

And,regarding the latter, it's apparently just a coincidence of timing that President Obama's coming out on the right side of that issue immediately followed his trip to Albany.  In any event, as a man with clear presidential ambitions, Cuomo can now claim that he led the way on an issue which won't be quite so controversial by the time he's running to succeed either Obama or that flip-flopping bully who now hilariously claims credit for saving the auto industry.  By then, gay marriage will be well on its way to becoming one of those anachronistic civil rights issues that people will wonder what too so long, and what the big deal was.

By the way, did you catch the governor behind the presidential lectern up in Albany the other day?

Looks right at home, doesn't he?

 - Quite obviously I didn't have much to say about the Derby.  Most of that is due to time constraints I've alluded to from time to time, including the project I'm working on outside of my full-time job; one that I think you guys will think is really cool once I get to tell you more.  And, oh yeah, also the matter of my beloved Rangers' now quite-imperiled run at the Stanley Cup.  But a lot of it too reflected my weariness with the hype and buildup that goes on for far too long.  The Kentucky Derby is one of America's greatest spectacles, still, and to be sure.  Saturday had the usual special glow, I had a great time drinking mint juleps at a party at a friend's house, and pissed away a mere $20 on Creative Cause (one of the handful of horses who ran decently).  However, the Derby has become, and quite quickly, almost overnight in relative terms, far more spectacle as opposed to a horse race of any sporting or historical significance.  I would think that those people who spent months - months! - obsessing over top ten lists, Haskin columns, the occasional times the horses actually raced, all the rumors and innuendos, workout reports, didn't quite get the bang for their buck.  Well, if you had the winner you did to be sure.  But, when a race goes the first half in 45.1, the last half in 52 flat, and only one horse can even come close to passing the leader, that race kinda sucks.  And, when I'll Have Another fades into the kind of insignificance that other recent Derby winners have, the 2012 Derby itself will be further diminished  I greatly appreciate those who wrote to express their disappointment at the lack of posting.  But in truth, I really couldn't possibly have added anything to the trove of information already available online from great sites like Hello Race Fans.  Well, except maybe using my selection as another horse for you to throw out.

Crist Responds

Steve Crist issued a statement on the Form's website regarding his involvement in the Racing and Wagering Board's investigation of takeout-gate.  Here's the link if you haven't seen it.

My understanding from my Twitter feed is that the comment section has been, let's say, cleansed.  What's left are some mildly worded posts mostly in support with some polite skepticism mixed in.  Not sure what was there before, but probably not too complimentary.  The fact is that, strictly from a  journalistic point of view, Crist is fair game here, and I'm sure he realizes that; in fact, he writes: "With hindsight, I regret that I didn’t follow up on the issue."  If the aggrieved horseplayer had contacted Jim Odato instead, I imagine that Odato would have investigated himself, discovered that bettors were being overcharged, confronted Hayward with his findings, and published an exclusive with or without his comment.  But here there were relationships and human nature involved, so that's not what happened.  As I said in the last post, Crist was in a difficult spot.  I feel bad for both guys; not because mistakes weren't made....and let those who have never erred be the first to throw stones in glass houses (or however that goes).....but because they're both advocates for those of us who love the game as much as they do.  When the good guys start going down, it's not good, especially in this environment, with an openly hostile governor advocating for drastic expansion of gaming.

As for Crist's suggestion that Hayward similarly was under the impression that NYRA merely had the option, rather than an obligation, to lower the takeout, we haven't heard anything from the NYRA CEO; but it doesn't really matter.  The buck stopped at his desk in terms of getting it right either way (as well as at the desk of general counsel Patrick Kehoe, as explained here by Steve Zorn on his Business of Racing blog).  And besides, however it went down, NYRA's enemies in Albany will have free reign to frame it in the most damaging way possible.  And Hayward and NYRA will be powerless to fight that.

Sorry Charlie

As they say, the cover up is often worse than the crime, and man, is it ever in this case for NYRA. The 1% takeout snafu was made into a big deal by politicians and the press with the attention-getting "$8.6 million taken out of horseplayers' pockets," but truth was it consisted of dribs and drabs that most horseplayers - including this one - didn't notice and haven't to this day.

But now, the Racing and Wagering Board (which surely has its own incentive to pin the blame on somebody else) has determined that NYRA knew far more than it was letting on. And once you get to the cover-up part, the question is always "What did he know, and when did he know it." In the case of NYRA President Charles Hayward, it's apparently spelled out in black and white. He knew everything. And he had for quite awhile. If you haven't seen the email exchange between Hayward and Steven Crist:

“Later on August 1, 2011 Hayward responded to Crist: “This gentlemen [who contacted Crist to alert him to the takeout error] is correct. Off the record, we have been working on this for some time. We originally had thought that we would announce this for Saratoga but political forces intervened. Since we are showing substantial losses in 2010 and 2011 and we have been smacked around by Cuomo (and he could check the SRWB from approving), we decided to wait. Also, the regional OTBs who collectively lost money in 2010 will scream like stuck pigs and that would provoke Skelos who is very tight with the guys who run Nassau OTB to introduce anti-NYRA legislation for the benefit of the OTBs. Finally, we are quietly working on a plan to open 10 or so restaurant/bars in the city and we did not want the politicos to block this effort. We have some internal debates on how much to lower each pool and how we would present this to our simo customers, the consumers and the politicos. I would appreciate it if you could keep these details confidential. I would also welcome a further discussion on this topic with you before the meet is over.

 “On August 1, 2011 Crist emailed Hayward: “Will keep it confidential and would love to discuss possible reduction schemes with you off the record whenever the time is right.” [Capitol Confidential]

At the time, last December, when the error was revealed to those of us other than the sharp guy whose query to Crist precipitated all of this, NYRA explained that the sunset of the temporary takeout increase "was unintentionally overlooked due to the complexity of the takeout provisions in the Racing Law." But that was...simply not the case. [Going to stop using "allegedly" or "apparently" as long as nobody disputes the existence or accuracy of the reported emails, which....apparently....is not going to happen.]

Look, as I've written before, I think Charlie Hayward is a great guy who genuinely loves the game. He brilliantly maneuvered NYRA through the franchise process when everybody, including this occasional blogger, counted them out...and continued to successfully guide the association through subsequent financial and political pitfalls to get to this point where the slots money is finally flowing. Whatsmore, given the constant criticism and scrutiny from Albany, I can't even really blame him for retreating into the kind of bunker mentality that led to the tactics and thinking described in his correspondence to Crist. But no doubt this is the end of the road. The unpaid administrative leave that he and Sr. VP Patrick Kehoe have been placed on by the NYRA Board of Directors is merely the first step out the door. No way in the world that he survives this. NYRA's very existence is in peril at this point, as Franchise Oversight Board chairman Robert Megna has made quite clear.

"This is not an isolated instance." Megna continued: "A failure to meet this most fundamental obligation puts into doubt the continued efficacy of the state's franchise agreement with NYRA."

So you can be sure that the NYRA Board will soon distance itself from those responsible as quickly as possible.

As for Steve Crist, the consequences are less dire, though surely embarrassing. He explained to the Daily News that he didn't quite grasp the fact that NYRA was overcharging contrary to the law. Whether or not you buy that, the fact is that he was surely put in a tough position here by a former colleague. Off the record is off the record; so whatever Crist did or did not understand, I don't know what else he could have done. Unfortunately, his credibility on matters pertaining to New York racing, which he has reported on so expertly and admirably for so long, is unquestionably compromised at this point.

 - Little surprise to wake up yesterday, the Monday kicking off Derby week, to find yet another damaging front page article in the NY Times on equine breakdowns courtesy of Joe Drape. Big Purses, Sore Horses, and Death. Maybe they need a new headline writer there at the Times....that's the kind of thing I might resort to for a blog post when I just can't think of anything more clever or succinct. However, I have nothing else to criticize; it's a pretty solid piece; quite disturbing as you might imagine. Drape however...apparently...had nothing better to do late last night than to parse through Twitter posts from earlier in the day, take one completely out of time context and reply sarcastically in an...apparent... attempt to make the poster look stupid. And that's pretty pathetic.

- Thanks to all who have written to see if I'm still alive. 

The Wood

In the Wood, Street Life (4-1) has sure relished the extra ground since stretching out to two turns on the inner track after floundering in a sprint first time out. Subsequent graduation was not without its obstacles, as the son of Street Sense had to alter course sharply on two occasions. Stepping up directly into stakes company, he seemed hopelessly beaten turning for home, and even halfway down the stretch before he took off like a shot to catch Copy My Swagger. That one was trying a route for the first time, so one could quibble about who Street Life beat; but he did set a slow pace, and has an interesting pedigree for distance. And besides, that was a pretty decent field behind those two; I'd match them up with the horses that Alpha (5-2) beat in the Gotham for sure. Out of a Grindstone half sister to graded route winner Brilliant, this is also the distaff family of the G1 winner Furiously. Well suited to continue improving here at nine furlongs, and race figures to have a lively pace for him to close into.

My Adonis (8-1) comes off his second place Withers finish to Hansen, who's just plain better than these, I think. Best races have come on tracks with at least a bit of moisture, and there won't be a trace of that on Saturday for sure. Still, he's returned at age three with two efforts faster on the Beyer scale than anything he ran last year, and always love to see improvement from two to three like that. Will use top and bottom in exactas with top choice, and hope the top two morning line choices run out...

...which could be wishful thinking, but worth a shot here I believe. Alpha (5-2) is two months and about a dozen changes in plan from his last race, which I guess doesn't mean all that much these days. He won the Gotham easily, but, as mentioned above, didn't beat a field anymore accomplished than did Street Life in his last. Gemologist (8-5) is quick, unbeaten, and scary for Pletcher. Not only that, he showed in the Kentucky Jockey Club last year that he can stalk the pace and win too. But his one race this year wasn't much more than a workout in a paceless field on a wet track he's bred to like. Should be busy up front with The Lumber Guy on his outside, Teeth of the Dog and My Adonis to his inside. And I think he's going to be way, way overbet here.

- Quickly, in today's Transylvania on opening day at Keeneland, I was gonna stand against the morning line favorite Monastic (5-2) until I took a look at the replay of his last two races. I don't generally come on here to pick favorites. But man, this horse is a monster - not a surprise of course given that he's a son of Rock Hard Ten...this is daddy's boy! He just towered over his hapless opponents in his last race at two, at CD last November; and rolled by them after being caught in an uncomfortable spot throughout the backstretch. He faced similar traffic, pinned back of the field on the rail amongst horses, in his three-year old debut last month at Tampa. This time, he had too much to do with the pace scenario against him, but was still impressive rallying for third nonetheless. I think it will help this massive colt to not start from the rail as he did in his last two, and I wouldn't want to be in his way once he starts rolling with Leparoux today with an extra sixteenth mile to run this time. Trainer Thomas Proctor is hot, with four winners and two very close thirds with his last nine starters. Tough field though; State of Play (3-1) returns to grass for Graham Motion and gets Johnny V, who wins at a 30% clip for the barn; and Icon Ike (7-2) was a million wide rallying to beat weaker in a shorter race at Fair Grounds.

Useful Prep for Union Rags

While some people might be jumping off the Union Rags bandwagon in the wake of his third place finish in the Florida Derby, maybe I'll hop on to some vacated space. After all, the race was a prep for the Kentucky Derby, and not a race that he had to win in order to qualify on earnings. And how better to prepare a horse for the Derby than subjecting it to the kind of race conditions he's likely to encounter on the first Saturday in May? So, instead of excoriating himself for having Union Rags too far back as he has, perhaps Julien Leparoux should be patting himself on the back. Son of Dixie Union was pinned squarely into a box in and amongst horses for the length of the backstretch, thanks in part to the efforts of Javier Castellano, who may have been more interested in justifying his much-maligned selection of Algorithms over Union Rags as his Derby horse than doing the right thing on El Padrino. Turning for home, finally extricated from traffic, horse and jockey found themselves behind a wall of horses and with much to do. Finally put in a decent late run for third, in an effort that reminded me somewhat of the third and second place Wood Memorial finishes of Genuine Risk and Monarchos, respectively, prior to their Derby wins. He got the final furlong in a race-best 12.45 seconds (according to Formulator, 12.58 according to Trakus), and earned a Beyer of 93.

Having said all that though, I do think Union Rags seemed a bit short. I'd classify his trouble more as nuisance than catastrophic (bad word to use these days) debilitating - indeed, not a single mention of trouble in the chart call - and he didn't suffer significantly from any ground loss compared to anyone but the winner. I'd have thought he could have been more explosive in the final sixteenth than he was. And, let's face it, he's still never run all that fast, at least on the Beyer scale. The difference to me between Union Rags and the aforementioned Derby winners is that those horses had the kind of foundation that made me believe at the time (did I mention that I had both in the Derby?) that they could build on their Wood efforts and progress to a career-best effort. With Union Rags, not to mention with virtually every other three-year old these days, their running records are so spotty in terms of frequency, spacing, and level of competition, that one really just doesn't know. Now though, the odds on Union Rags may make finding out worthwhile in this uncertain season. (How much lower than 7-2 do those betting him at that price in the futures pool think he will be at post time?)

As for Take Charge Indy, LOL at the thought of him winning the Derby. Clever rating job by Borel on the front end on a day on which that seemed to be the place to be. Got in breather quarters of 24.11 and 24.38 after a first quarter of 23.60. allowing him to pick up the pace to 23.87 to the 1/8th pole, which gave him the margin for tiring that he needed to hang on at the end. But this horse, previously eligible for entry-level allowance conditions and winning his first race ever on dirt, strikes me as being on the mediocre side, and it would be a depressing commentary on the quality of these horses, and another losing Derby for me, should he prevail. Should take a boatload of money with Borel though, the more the merrier as far as I'm concerned.

- In the "better to leave well enough alone" category, the Dubai Gold Cup turned out to be a double disaster on Saturday. Re-run after the World Cup after it was halted mid-race following a fatal breakdown shortly after the start, yet another horse perished during the second running (and yet a third had to be pulled up). Can't blame medication for these accidents, as they are strictly prohibited in Dubai. Sometimes this stuff just happens.

And as we pause for the idiotically anachronistic Palm Sunday break here in New York, nine days of racing on the main track at the Big A have now passed without a catastrophic event....and that before the new condition book with lower purses for cheap races takes effect. So....was it the inner track? Is it possible, as I've seen speculated about from time to time on Twitter, that the unusually warm weather caused problems on a surface constructed specifically to withstand the cold? Increased scrutiny since then by the track vets resulting in more scratches? Or, was it all just a statistical quirk?

Mangled Journalism

A bit late to the game (as has been the case on this blog of late) on the NY Times article entitled Mangled Horses, Maimed Jockeys that graced the front page of the Sunday edition. Was up on a mountaintop on Sunday (Monument Mountain in Great Barrington, MA) and got a late start! I'll post a couple of photos more pleasant than the ones in the Times.




So I don't know what I can add to what's already been discussed thus far. The consensus, at least amongst what I've seen, seems to be that, despite the obvious sensationalism, the article makes legitimate points and addresses issues that we all wish that the industry was addressing instead of the NY Times. And I would wholeheartedly agree with that. But even if we agree with the message, the end doesn't always justify the means when the press manipulates facts and twists the truth to fit its own agenda. So if I repeat ideas expressed before, it's for a good cause. So, with that, a few comments and observations:

- As has been mentioned by others before, the most insidious thing about the article is the way is flows back and forth between issues affecting the thoroughbred industry, and graphically tragic stories involving mostly quarter horse racing in New Mexico. There's little attempt to distinguish the two here - only one of the incidents is specifically identified as being a quarter horse race, even though all but one of them was (I Googled them). For one thing, that makes for a clumsily constructed article; as if there are really two different stories. And, in my own opinion, they probably were. Seems to me that the Times had this story about racing in New Mexico in the can for awhile, but for some reason found it unfit to print. It refers to accidents that occurred late last year, and was probably - again, just my impression - written around that time (and thus the multiple writers it is attributed to). Could be that when the Luck cancellation and the Aqueduct breakdowns became news, it was dusted off - either to add some sizzle to these new stories, or to make the old one more relevant.

Either way, and even if my notion about the construction of the piece is wrong, it's an obvious and blatant attempt to skew the figures and inflame the emotions. It's like writing an article on steroid use in baseball while including a section on alcohol poisoning in some beer league softball circuit. As others have pointed out, if this was a story about horse racing in general, then why not also discuss harness racing? That, of course, would have tilted the article in the other direction given that sport's better record when it comes to safety. So I guess that wouldn't have worked for the Times.

The rest of the article is mostly non-news; Joe Drape's usual rantings - not at all unjustified in themselves, mind you - about the evils of medication and their contributions to the prevalence of fatalities in this country as opposed to jurisdictions with stricter rules; along with criticism of the industry for being unable, in its fractured state, to deal with the problem in a comprehensive manner, and a recap of the recent record of industry dysfunction. Nothing new there. There are however two new twists here....but both of them are bogus in my view:

- I guess NYRA can call off its investigation of the inner track breakdowns and instead just submit this article to the governor's office. Because Joe Drape seems to have concluded in his ultimate wisdom that the problem was caused by owners and trainers being induced by outsized racino-fueled purses to run their unfit animals in the lower claiming ranks. I'm attributing this to Drape because it's not the first time he's jumped to an unfounded conclusion to make his point - recall the article last year in which he declared, based on the scant evidence of a couple of Triple Crown races and visual observations, that the banning of steroids had already resulted in slower but sounder horses. (That article was also deemed worthy of front page placement by the eager Times editors.)

The theory that the large purses is behind the breakdowns at Aqueduct is a logical one and it may (or may not) be supported by the statistics from the Big A, and from the Times' own flawed study, which we'll get to momentarily, that indicate that horses in cheaper races are more likely to break down. But it remains, for now, just a theory, and a relatively recent one at that. One spate of injuries over the course of three months does not make for any conclusions to be definitely drawn, and it is in fact irresponsible to do so. The inner track deaths could have been a statistical quirk...or maybe it was indeed the track despite NYRA's protestations otherwise. Let's allow the investigation to run its course.

- And then there's the Times' study itself which, as I'm sure you've already read, was based not on careful study, but rather by uploading chart calls into a computer and spitting out the ones with comments like 'broke down,' 'lame,' or 'vanned off.' The last two in particular of course do not necessarily indicate a catastrophic injury, or even, necessarily, a serious one. However, though these are referred to as "incidents" rather than "breakdowns," nowhere in the article is that point emphasized. While this analysis may still be useful in pointing out overall trends in a specific state (assuming that vanning standards in that jurisdiction have remained the same over the years), its use to compare problems amongst different states may be flawed. A buddy pointed out to me that "NYRA is extremely cautious in this regard vanning off any horse in distress." If they are indeed more vigilant than in other states, than the Times' method becomes less meaningful in making state-to-state comparisons. Indeed, NYRA in response cited the more comprehensive Jockey Club study that indicated that Belmont and Saratoga were below the national average in fatal injuries.

Whatsmore, there's little analysis or discussion of the Times' statistics other than the one mentioned above regarding claiming races. Not a single word as to how many "incidents" occurred on what kind of track surface? What serious article about racetrack safety these days would not include a single mention of the words "synthetic track?" This is even more glaring considering the mention of the impressively low incident rate at Woodbine, which races only over turf and Polytrack....not to mention the Jockey Club study which indicated that the artificial surfaces may be safer. Instead, we got death and destruction from New Mexico. More than anything else here, that omission clearly shows that this is not at all a serious piece of news reporting intended to analyze and discuss, but rather an example of schlock journalism intended to shock and alarm. And a pretty clumsy one at that.

Scratched

I wrote yesterday that nothing will have changed at Aqueduct on Wednesday other than the switch to the main track, but that was not quite the case as it turned out.

Eighteen of the 73 horses carded for Wednesday’s nine-race program, or 24.6 percent, were scratched – a high number considering conditions were dry and the track was labeled fast throughout the day. [Daily Racing Form]

NYRA of course tried to portray this as business as usual.

NYRA president Charles Hayward, in an e-mail, stated “any vet scratches that are announced are the direct result of the NYRA vet pre-race physical exams, a procedure that has been in place for some time.”

Well, what else is he going to say? Only human nature though for everyone involved - not just NYRA, but the horsemen too - to take a more proactive approach given the circumstances. Five scratches were said to be the track vet's decision according to David Grening's above-and-belowlinkedto piece in the Form. Not clear whether or not that includes the two that David Jacobson withdrew "in consultation with the veterinarian."

“We both agreed these two horses needed to be scratched today,” Jacobson said. “They’re not being scratched for any other reason.”

That doesn't sound like business as usual to me.

White Knuckle Time at the Big A

There are going to be some white knuckles for sure in the executive offices at NYRA today as racing at the Big A resumes, and moves to the main track two weeks earlier than originally planned. Of course, everyone involved will be watching a little closer, and most other than Andy Serling won't even have a bet; this in the wake of the bizarre spate of catastrophic equine injuries that we saw on the inner track, 18 in total, which doesn't count a fatal heart attack, nor a horse who suffered a fracture on Sunday, about which Jerry Bossert writes in the Daily News, NYRA didn't reveal the horse’s fate yet. Who knows, maybe even Governor Cuomo, who barely knew racing existed before the issue was brought to has attention, might be watching on the Capitol OTB station. (Or maybe not.)

NYRA officials, as well as jockeys and trainers, insist that the inner track is as safe as can be, and had nothing to do with the deaths. But I can't help but think that, at least at some level, they're going to be hoping that they're wrong about that as they nervously watch the races today. Because the change of track surface is the only thing that will be different today and until April 4. That's when a new condition book comes into effect that will eliminate the lowest claiming class and cut purses for races with claiming prices of $20,000 or less in an effort to dissuade trainers from running unfit horses for outsize purses, the reigning theory of what's behind the problem. So, if it's indeed not the track, then what other than some self-imposed restraint and respect by owners and trainers and the law of averages will prevent the tragedies from continuing?

As a matter of fact, the very first race on Wednesday is exactly the kind of race that is being blamed - a $7500 claiming race with a $29,000 purse, which means that the horses are racing for a winning purse more than twice as much as the horses are theoretically worth. You'd think that maybe NYRA would have instead scheduled something safe in that spot. Like, maybe, a steeplechase race.

Big A Fatalities Draws Unwelcome Attention

Hillsboro Bay, euthanized following the 9th race at the Big A on Wednesday, was the 16th fatality thus far on the inner track, and the 7th since Feb 25th. Jeez! It's actually the main track about which I've heard safety concerns in the past, but NYRA officials now can't wait to get back on that surface, moving its date of operation up by two weeks. That announcement was termed as "coincidentally" by the Form's David Grening, but I'm not so sure about that. NYRA insists that the inner track is safe, and personally I have little reason to doubt that. These unfortunate streaks happen, and are, more often than not, a statistical oddity that's bound to occur from time to time.

The bizarre spate of catastrophic injuries has even captured the attention of Governor Cuomo, who sent a letter to Charles Hayward demanding that NYRA conduct an investigation into the breakdowns. Really? I mean, how the hell did Cuomo even know about this? Is he following Grening on Twitter while he's not working on the budget, pension reform, DNA databases, and giving in to the Senate Republican goons and the laughable redistricting lines he'd previously pledged to veto?

The letter, on Cuomo stationery, was signed by Bennett Liebman, Deputy Secretary for Gaming, and Robert Megna, Director of New York State Division of the Budget. Megna is also the chairman of the Franchise Oversight Board, which oversees NYRA's operations. [Daily Racing Form]

Ah. Been wondering what Ben Liebman has been up to since he disappeared into the Cuomo Administration. Hadn't heard from him lately, but good to see he's helping to look out for the governor's political interests. Because the governor, while he might be a nice guy and a family man who's for equal rights and world peace, surely doesn't give a rat's ass about dead horses at the track. If you look a bit closer at the letter (without even having to read between its lines), you'll see that this all fits in with his narrative questioning the viability of the sport and the slots revenues currently being diverted to it.

"Everyone understands that horse racing poses risks....but that cannot be an excuse for our inaction. The status quo in all aspects of horse racing is not working, and we need to develop procedures now that work for the horses, riders and the racing public in New York."

Additionally, the letter states that NYRA should pay for the investigation, pointing to the fact that it has received some $15 million in slots revenues from Resort World thus far. That fits right in with Cuomo's recent comments that questions how much, and if, the state wants to 'quote-unquote' subsidize the industry. This governor has shown more outright hostility towards the sport than all of his recent predecessors combined, and, as far as NYRA and horse racing in the state goes, his expected run to succeed President Obama in 2016 can't come soon enough.

- The agreement between the legislature and the governor on casino gambling calls for the addition of up to seven non-Indian facilities across the state. So it surely should be quite interesting how the New York Gaming Association (NYGA) of the existing racinos reacts, because that math doesn't add for them. You see, NYGA has been advocating for casinos to be located at their nine facilities. So, even if these existing facilities are tabbed as the casino locations, two of them are going to be left out. So there surely could be some infighting within what has heretofore been a tight-knit group, at least outwardly. Can't quite see Genting going: "Oh, it's OK Yonkers and Jeff Gural, you take it." The governor says that decisions on the locations won't take place until next year....and I'd guess that's at the earliest. So, this should be fun.

Going to the Dogs

There was an article in the Times late last week about dog racing, and the efforts by their associated racino ownership to eliminate it.

Complaining that they are being forced to spend millions of dollars a year to subsidize a pastime that the public has all but abandoned, greyhound track owners in Iowa, Florida and Arizona have been lobbying for changes in the law that would allow them to cut the number of races, or even shut down their tracks, while keeping their far more lucrative gambling operations. [NY Times]

Well, that's the doomsday scenario for horse racing I've long expressed fears for on this blog...the day that owners of the racinos that were spawned by the tracks start to question exactly why they're "subsidizing" a money-losing business. Dog racing is of course way further along in its decline than horse racing; and, in fact, I do not believe that our sport will ever reach the edge of extinction that the greyhound industry has reached.

However, it took all of about three days after this article was published for a comparable situation to present itself in horse racing, as the province of Ontario announced that it will be ending payments to racetracks through the slots-at-racetracks program in March 2013. [Bloodhorse] That's in addition to moves to cut slots money for tracks in Pennsylvania....as well as the recent comments by New York's Governor Cuomo that seemed to question racing's viability while he supports the notion of expanded casino gaming.

The Times article also explores the reasons (that we all know) behind the decline in racing's popularity as compared to the mindlessness of slots.

“All live racing is declining in popularity,” [some gambling "expert"] said. “It’s just not as impulse-oriented, as convenience-oriented as most gambling is today.”
.....
“You really have to pay attention to the background and history of the dogs,” [some slots addict] said. “That’s a lot of work to do. You won’t see very many guys my age up there.” [NYT]

The Daily News reports that Assembly Speaker Sheldon Silver would not be supportive of the constitutional amendment to permit full-fledged casinos outside of existing Indian facilities, unless it specifically spells out where such casinos would be located. The governor prefers to punt that question to a separate measure which presumably wouldn't be dealt with until after the main question is settled by a referendum in November 2013 (much to the delight I'm sure of the lobbyists involved, as well as politicians seeking campaign contributions).

That's not good enough for Silver, who fears such a move would make it easier for the state to add more New York City casinos in the future, those close to him say.
.....
"He's very concerned about having a casino in Manhattan," one source said. "That's something he would not want to see."...Silver says he supports a single casino as long as it's located in a less densely populated area such as the Aqueduct racino in Queens. [NY Daily News]

Writing the casino locations into the amendment would send groups like NYGA and the associated lobbyists into an absolute frenzy, effectively compressing what would be a two-year process into a matter of months or even weeks. And it seems hard to believe that Manhattan would remain a "no-fly zone" for casinos indefinitely. As the dependence on gambling revenue grows, the fact that it's a densely populated area only makes it more attractive, and the idea that those in Manhattan need more "protection" from the dangers of gambling than those in Ozone Park will start to fade away.

Hi

OK, yes, still alive, back from vacation, and the Head Chef has some culinary comments on our trip to Grenada here. Sorry for the lack of posting, pressed for time, but a couple of quick observations here:

Got in my inbox the latest press release from the New York Gaming Association (NYGA), as they continue to advise New Yorkers of how the economy would benefit from casinos at their already existing racetrack racinos.

The analysis, conducted by Appleseed, a New York City firm that specializes in providing economic and social research analysis, also estimates that in its first full year of operation, enhanced gaming would generate an additional $317 million in State revenues, including approximately $300 million in annual payments to New York’s public education which is equivalent to the salaries of more than 4,300 teachers. In addition, the projected private investment by NYGA of $1.8 billion in construction would generate nearly $81 million in New York State income, sales and business taxes and more than $36.4 million in local income, sales and business taxes.

And blah blah blah. I think that NYGA has already given the economy a big boost just from all the damn studies and analyses they've commissioned for their own benefit. Of course, what these studies do not tell us is if they factor in the money sucked out of the pockets of those people of modest means who are drawn to casinos against their best interests. I mean, the construction and casino jobs are fine, but the gambling money doesn't just come from nowhere. What are the costs of compulsive gambling; don't see that quantified in any of these analyses.

In a rare nod to the racing industry, this latest press release speaks of "subsidies provided to the racing and breeding industries [increasing] by approximately $26.3 million annually." However, that is presumably based on a presumed increase in slots play, since NYGA has no intention whatsoever of volunteering any percentage of the new table games to go to the tracks. So I think this projection is even more strictly theoretical than the rest of the nonsense.

- Union Rags won the Fountain of Youth in impressive fashion on Sunday, and boy, is everyone excited about that. In the not-so-distant past though, I think we would have heard a lot more of "but who did he beat?" Because truth is, not much. The Toddster-worshippers laughingly made Discreet Dancer the favorite despite his never having gone around two-turns and a pedigree (Discreet Cat out of Gone West mare) that makes his distance ability highly questionable. Used to be that skepticism was the natural pose for horseplayers surveying the three-year old crop....but that was when there were more three-year olds to be excited about. Now, we're starving for any kind of excitement with the talent thin and the races infrequent, so we'll take what we can get. Union Rags is a tough-luck head from being undefeated, and his return on Sunday was thoroughly professional and altogether decent (earning a Beyer of 95). But it wasn't much in the way of a prep for a grueling mile and a quarter race against 19 others. And is there any reason to think that his next (and only) race before the Derby will be any more challenging? Maybe he's that good and he'll just waltz through the remaining half dozen or so races in his career before he retires to stud. Or maybe it's a setup for another healthy Derby win price on another blossoming horse with good workout reports leading up to the race. We'll see.

A Day at the Oversight Board

We're going away and therefore scrambling around to get ready, but I gotta take time out to squeeze in a last post to get that really crappy horse pick in the last one off the top spot on the page. So I'll mention the session of the Franchise Oversight Board that was held on Wednesday. The most widely-reported news from the session was NYRA President Charlie Hayward's proposal to install self-service betting machines at selected restaurants; 10 at first, eventually growing to as many as 40 by the third year. That effectively would put NYRA in the OTB business.

“It’s a big deal,” NYRA president Charles Hayward said of the new effort....In year one, officials project the sites will generate $45 million in handle. By year three, the 40 sites would handle $165 million in bets. For the state, NYRA is dangling the prospects of more money in the form of revenue-sharing: nearly $5 million over the three years in state taxes and about $19 million for purses. [Bloodhorse.com]

That doesn't seem like all that much money for the state compared to what it reaps from VLT's, and even to the purse money mentioned along with it. Probably what prompted this response from Oversight Board Chairman Robert Megna:

“Is it too much,” he said of projected purse increases. Megna did not elaborate, but told Hayward, “We are always going to be asking you about it because it’s a lot of money.”

Actually sounded more like a statement than a question. And that could really be the big storyline buried in the coverage of the meeting: Cuomo's budget director discussing, with a fair amount of skepticism, the allocation of slots revenue, which fits with this whole scenario of questioning the cut of slots money directed to purses - subsidies, if you will - that is currently being played out in Ontario and Pennsylvania (again).

In any event, NYRA's idea would have to win approval in Albany.

“NYRA will be discussing the plan with the administration [of Gov. Andrew Cuomo] and the legislature in Albany with the hope of gaining their support to implement this strategy in the very near future,” [Dan] Silver said. [Daily Racing Form]

We know how that goes, and we've recently seen a hostile attitude towards NYRA and racing in general from the governor.

According to the Bloodhorse piece, Megna urged NYRA to devise a strategy for the types of bettors it is trying to attract at the facilities. Huh? Really? This state is making plans to further expand degenerate casino gambling, and this guy is questioning the "types of bettors" at OTB's? That's a hoot.

Additionally, NYRA revealed that it's traced around $500,000 of $1.2 million owed to bettors due to the incorrect takeout charged on some exotics, defended the $92,000 it spends on transporting horses back and forth between downstate tracks ("This is an expense that actually generates revenue....The comptroller doesn’t share that view.” [Saratogian], and derided the comptroller's suggestion that it conduct a study comparing its business practices with the industry nationwide.

“That report would probably cost us $5 million,” he said. “Guess what? We got an ‘F’ on that one, which, frankly, I don’t think is a fair grade.” [Saratogian]

That does seem like a really expensive study. Maybe they're pricing it out with Getnick and Getnick. Also discussed was NYRA's ballooning pension costs and efforts to rein them in. And Hayward had to defend the bidding procedure for its hiring of a PR firm from accusations that NYRA had written a "directed contract" for the incumbent public relations and marketing firm in Saratoga Springs, Ed Lewi & Associates. [Schenectady Gazette] All in all, sounds like he had a really fun day.

Anyway, the Head Chef and I are off to have a really fun week, and it's questionable at best whether I'll be posting during that time. If not, best of luck, have a great week and I'll speak to you soon.

Ry Bread and Sleaze

- In the 6th at the Big A on Wednesday, Ry Bread (8-1) ran quite well two back when adding blinkers and dropping to this restricted 15K claiming level, leading to the sixteenth pole after surviving an early challenge to his speed. It was a tough effort which perhaps explains why he tired coming back three weeks later. Led early that race too, but succumbed to the runaway Jacobson claim I've Got The Fever, and faded badly after that. Claimed out of that race by Galluscio, the four-year old son of Wildcat Heir got a little freshening and returns off a couple of sharp works for a 22% 1st time claim barn. Jockey Junior Alvarado stays in the saddle for the new connections, for which he's winning at a 24% clip. Seems good value at that morning line. War Colony (3-1) raced OK vs. better. Papa's Nice Cat (5-2) always gives a good effort and fits here on class, but been over two years since he's visited the winner's circle.

- Here's a report from the City & State website:

A source notes that tucked deep into an obscure campaign finance report for Senate Minority Leader John Sampson is a $5,000 expense for a top white shoe law firm, which is representing Sampson in the ongoing Aqueduct Entertainment Group probe.

The Manhattan law firm Thompson, Wigdor & Gilly received the payment in July 2011. It was the first time that an individual member of the Democratic conference has used campaign cash to retain the firm’s services, amidst a federal investigation into the AEG deal, campaign finance records show.

And for those of us wondering if that whole nasty scandal was just going to disappear, and if Sampson was just going to walk scot-free, there you go. Still boggles my mind that Sampson has carried on as the Senate Minority Leader as if nothing happened - and that the Democratic caucus have allowed him to. But apparently, at least according to this report, the feds are probing indeed. Last week, the NY Post reported that Carl Andrews, the AEG lobbyist who, according to the Inspector General's report on the affair, was given by Sampson an internal Senate memorandum with details of rival bids shortly before AEG changed its own, has failed in his bid to walk away from the investigation.

The [NY] Court of Appeals upheld lower-court rulings that Andrews — who has deep ties to the state Senate Democratic leadership — must comply with a subpoena.

Andrews, a former Brooklyn senator, spent two years in court in a failed effort to quash the subpoena.....Andrews declined to comment yesterday. [NY Post]

But I guess he'll be commenting soon, presumably to investigators or, perhaps, a grand jury. Gee, wonder why he was so desperate not to?

- The Rangers won again, in Boston, and now lead the second place Bruins by nine points in the Eastern Conference of the NHL. I'm speechless.

The Donn, and Other Stuff

The Donn Handicap may not be what it used to be, and it's certainly debatable whether it remains a legitimate Grade 1. But it sure was a great betting race...and isn't that, in fact, the most important thing? I'd take this race over those five horse true Grade 1s we see all too often any day. Eight horses between 3-1 and 9-1 (and three horses designated correctly by the bettors [other than me] as rank outsiders which brought up the rear); including overrated horses like Ruler On Ice and Shackleford who never win, as well as Flat Out, the Breeders' Cup Classic favorite who hasn't been close then or since. If there's ever a horse who needs a lengthy vacation, this is it. This horse has been in training virtually non-stop since last spring.

It was also an exciting finish, and a pretty fast race too. The 106 Beyer earned by the top two finishers was a career high for both. Watching them turn for home, one might never have thought that Hymn Song ($15) would have won this race. Mission Impazible was creeping up on the inside with Castellano motionless on top; while Hymn Song was under a drive with Johnny V while a full five wide, at least. He covered 68 feet more ground according to Trakus - he was also caught five wide around the first turn - so it was pretty impressive the way he stormed down the stretch, especially since he was impeded midstretch by the drifting Redeemed. He didn't quite "go right by" Mission Impazible as Larry Collmus mis-called, but he closed the last furlong in a compromised 12.79 seconds and hung on for the win, in what was his first effort going two turns on a fast main track.

Though this six-year old son of Arch (out of Vespers, a minor stakes-winning Known Fact mare) made his early reputation as a modest turf allowance winner, he's really come into his own on the dirt. Two wins and two seconds in his prior dirt races, all one-turn efforts, including seconds in the Suburban and the Cigar Mile; and this latest effort stretching out to two turns. Your usual late developer for Shug, could be an interesting player in the handicap division going forward; the Oaklawn Handicap is a possible next race.

In the prior race, the Suwannee River, Shug came up just short with Hit It Rich, and I mention that because I would have had the Pick Three to Hymn Book and Get Stormy ($7.20) had he won. Some useless whining there. Tom Bush's now-six year old turf specialist took his third Grade 1 race in winning the Gulfstream Park Turf Handicap in his first race since the Breeders' Cup. And interesting to note that all four of the horses who ran that day that have run back since have all won (Mr. Commons, Jeranimo, and Compliance Officer being the others). The Maker's Mark in April is slated to be the next start for Get Stormy.

- Union Rags was tabbed at 7-1 in the Derby Futures Pool, by far the lowest odds of any of the specific horses (the "all other 3 yos" field was 3-2). Son of Dixie Union will make his 3 yo debut a week from Sunday in the Fountain of Youth, and Javier Castellano interestingly has opted to ride Algorithms instead. I would have gone the other way, but I couldn't make the weight anyway. I figure at this point, with all the uncertainty inherent in this sport and with the colt not even having started this year, that 7-1 is probably closer to fair odds on Union Rags making the starting gate than him actually winning the race.

- A new poll now shows that voters do in fact favor the construction of a convention center at the Big A. This time, respondents were told that Genting will pay for the project in full. So Governor Cuomo can say that he told you so.

The convention center....has the support of every segment of the population polled by Siena except Jews. [Times Ledger]

Don't quite know what to say about that, except maybe oy gevalt.

Crain's New York reports that Resorts World is attracting an average of 20,000 locals every day. Oy gevalt!

“I come here now one to three times a week,” said Regina Recchio, who lives in nearby Valley Stream, L.I. “On New Year's Eve, my husband and I were here for 12 hours.”

Its closest rival, Empire City Casino at Yonkers Raceway, knows only too well about people like Ms. Recchio. Since the racino opened in South Ozone Park, Empire City has watched its growth disappear.

“Our numbers are flat,” said Tim Rooney Jr., whose family owns the racino in Yonkers. “I'm envious of how quickly they built up a customer base.”

Doesn't take much to build up a customer base in this industry...and, in fact, I'm sure Yonkers helped Genting build one for them. Business has picked up at Resorts World in the last couple of weeks; after a few weeks of win per machine figures around $315, the numbers have picked up to $354 and $355 the last two. NYRA is budgeted for $385 as we've mentioned before, but NYRA officials are confident that those numbers will be achieved once marketing efforts, seasonal trends and the casino's rewards programs take effect.

The Governor Speaks....Ominously

As mentioned in the last post, I ran into NYRA's Communications Director Dan Silver at Aqueduct on Saturday, and he was one guy there who wasn't particularly happy. "Did you see Cuomo's statement?" No, I hadn't. The governor spoke to the editorial board at Newsday, and had some thoughts on NYRA, and the New York racing industry in general. You can see the video here. If you don't feel like watching, it goes something like this:

"We need a strategy on gaming. We don't know....we just have a hodgepodge. We're in a terrible situation with NYRA that we haven't figured out for years, where we subsidize on an ad hoc basis. This goes all the way back to Spitzer and his investigation of NYRA. We have OTB's that are in treacherous financial situations, all across the state. Where do they fit in? Then tribal casinos, then ruh-cinos, then failing tracks.
[edit]
There are no bandages here. This is fifteen years of decay! [italics mine, to denote inflections of alarm and consternation] Everywhere you look....there are massive, massive problems!
[edit]
I think we need a comprehensive, overall gaming strategy. We need to figure out horses and NYRA. What is it worth to this state to have this industry? And how much do we subsidize them? And do we want to?"

We've only speculated about Cuomo's take on horse racing, because he hadn't had much to say on the topic. We figured it was probably indifferent, at best; hostile, at worst. Sounds like it leans towards the latter. But surely, it is ignorant.

Here we have the usual attack on NYRA - one loaded with the same untruths, hyperbole, and campaign-type soundbytes that we've heard from lesser politicians than the wildly-popular governor. As we know, the state is not directly providing any subsidies, ad hoc or otherwise, to NYRA, and financial support in the past has been in the form of loans or compensation for land. I'm not aware of any "terrible situation" at NYRA (nor the proliferation of "massive, massive problems" amongst the state's other racetracks) at the present time. In fact, thanks to slots revenues, things seem to be pretty good. And that investigation and settlement with then-Attorney General Eliot Spitzer is completely irrelevant at this point in time, which I'm sure Cuomo knows perfectly well. That's just Super-PAC negative advertising-type crap.

But this statement goes much further than just NYRA. It's an existential broadside directed at the industry as a whole in New York State. It comes from a governor who the industry certainly does not want to count amongst its enemies. The problem though is that it's just a sad fact that, while the state may not be directly subsidizing NYRA or the other tracks, one could certainly take the view of the sympathetic Newsday editorial which accompanied the video of the governor.

The horse racing industry has been propped up by funds from video lottery terminals, money that would be much better spent on public education.

Indeed, the VLT money certainly could be spun as a subsidy in the sense that it's money that could be going to the state. Chris Christie eliminated subsidies in New Jersey that revert not to education, but to private casino companies; so Cuomo could make an even more potent argument here. Whatsmore, we've seen how the entities that would benefit from a reduction or elimination of slots money paid to tracks are lavishing cash on influential lobbyists and campaign contributions, and there's no underestimating the effect of such largesse on policy.

But maybe Cuomo was just blowing off steam. Oh, not about NYRA of course; we know that the administration has a bug up its ass for the association, for whatever reason. Cuomo can't snap his fingers and make NYRA go away, but his budget director Robert Megna chairs the Franchise Oversight Board that can recommend the revocation of the franchise under certain rather non-specific conditions.

But is a larger fight against the industry something that Cuomo really wants to take on? One might think that the governor has matters pending that are not only higher priority, but more logical and feasible politically as well. The industry may have declined in the state. But it still employs tens of thousands of people - 40,000 is the figure touted by the harness horsemen for the 'horse racing/agriculture' industry. Threatening even a fraction of those jobs isn't the way to go these days, especially from a governor trying to build a resume as a job creator even as he attacks budget deficits. And the industry does have supporters in both legislative parties....as well as inside Cuomo's administration - Bennett Liebman is the deputy secretary for Gaming and Racing. You would think that any threat to racing in Saratoga would be would be a non-starter in a legislature a half hour away. Do you think NBC Sports Network would have a weekly series featuring the Saratoga Farmers' Market? (Though that would be fine for the Head Chef.) And this is all besides the revenue generated for the state, both directly to the government, and in the form of peripheral economic activity.

In fact, if thoroughbred racing in New York would cease to be, it would have unpleasant repercussions nationwide. A guy with presidential ambitions might want to think about that. Still, it's hard to say what Cuomo is really up to. We all might be holding our breaths until we find out for sure.

A (Happy) Day at the Track

I've been complaining that I can no longer find a comfortable place to hang out at Aqueduct, but I found one on Saturday - the pressbox. Of course, this is only possible because NYRA has the good sense to grant blogging types such as myself full media access, even if some of us may not be full media types (and has been doing so long before many others did). It's kinda quiet up there - it's enclosed, the volume of the TV's is turned down low, and, even though there's a manned betting window and a betting machine, the 'no cheering in the pressbox' rule is strictly observed. So the atmosphere may be lacking, but the people are really nice - regulars David Grening from the Form, Jerry Bossert from the Daily News, and semi-regular Teresa were joined on this stakes day by several others (had the pleasure of meeting the great equine photographer Barbara Livingston) - the view is great, I can plug in my laptop, and even change the channel on the TV to catch the Bruins' latest loss. So, this will do.

Also get a chance to go down to the paddock, and even right out to the outer rail of the inner track to catch a real railbird's view. One thing that really struck me about the day was just how everyone seemed to be having a great time. (Except maybe NYRA's Dan Silver, which I'll get to in an upcoming post.) This was my first trip to the track since watching the desultory Luck, and it reinforced for me just how unrealistically gloomy it was. Sure, I wasn't amongst the masses on this day, but rather the press, and trainers and owners and NYRA employees and officials (happy horses too!). Even so, those types were represented as slugs on the show too, and here, everyone seemed to have a smile. And this was just a chilly winter day at Aqueduct. I understand that it's TV and, as the Troy Record's Nick Kling, who loved the show, pointed out during a debate on its merits on Twitter, happy people at the track don't really make for compelling TV. But I hope those with marginal or potential interest in the sport who watch the show can keep in mind that it's only a movie (so to speak). Because I can't imagine it would inspire anybody to give the game a try.

Here's some photos from the day.

The Toddster, Mike Repole and his family pose for the photogs after their Calibrachoa won the Toboggan.


The view of the clubhouse from the track.



Withers winner Alpha (background) returning after winning the Withers and....


...in the winner's circle afterwards


Here, I got lucky with a decent shot of 44-1 shot Speightscity grabbing the place spot in the Withers.

Later on, we went to the opening reception of the Queens International 2012 exhibit at the Queens Museum of Art. The museum is still under construction for its grand renovation, so is only partly open at this time. But it was a grand party, and an excellent exhibit featuring artists who live in the borough; the Head Chef and I highly recommend! Also a superb exhibit of black and white photographs of New York City street life from the 50s by the photographer Frank Oscar Larson. There was food and performance outside the museum too.





Rachel Mason - Dear Unisphere performance. How Queens can you get?!?!?

The Other Shoe

I saw this article from Crain's New York posted the other day on Twitter by Teresa, so a hat tip to Ms. Brooklyn Backstretch. Some of this had been reported previously in dribs and drabs, so I don't know that it's news per se, but I think it is rather significant. Kind of the 'other shoe,' so to speak, as Genting here lays out clearly the rewards they wish to extract in return for building the convention center that even they admit will lose money. After all, they're not a charity; they still want something in return for providing the jobs that a convention center would create.

“We have to have a project here, and with a $4 billion private investment and no tax payer money there have to be business conditions, obviously, that are going to allow us to make this project feasible,” [spokesperson Stefan] Friedman said. [WNYC.com]

So, naturally, Genting wants a bigger slice of the VLT pie. That share is currently approximately 30%.

While specific details on the agreement were unavailable, an example of the sort of situation Genting could be pushing for was given: Pennsylvania. According to a spokesperson for the Pennsylvania Gaming Control Board, similar gaming operations about 55 percent. [WNYC}

Genting, however, may want to point to an example closer to home. Recall that the legislature granted Louis Cappelli an unprecedented 75% share for his casino project at the Concord. That project has not, and may never, come to fruition. But that special rate was carved out for Cappelli for a project in which he would have invested only a quarter of what Genting is talking about for its $4 billion loss leader, and which would likely have created far less jobs.

Genting also and understandably wants assurances that a competing casino will not pop up in the area.

Christian Goode, Genting's senior vice president for development, said the company would have difficulty raising capital to finance the $4 billion project if its business model could be upended “with the stroke of a pen,” by a rival winning permission to open a gambling establishment in the immediate vicinity. [Crain's NY]

Raise capital? These guys? They have more money than God Mitt Romney, and I wouldn't be surprised if they pay an even lower effective tax rate. But I guess there's limits to everything. Remember, they're also talking about investing $3 billion in their Miami project.

The Crains article also mentions this:

Genting will pay for upgrades to the Aqueduct subway station and for direct A-train service to take passengers from Fulton Street in Manhattan to the site—with a stop in downtown Brooklyn—in half the 35 minutes it takes now.

Huh? A private corporation funding an MTA project largely for their own economic benefit? The cost aside, doesn't the MTA have far more pressing needs in providing decent service to the residents and taxpayers of NYC and its environs than to devote personnel and resources to a privately-owned casino?

- Good excuse to stick in this video of a song with the same title as this post, from my favorite album of last year.

Aqueduct Wednesday

In the 5th at the Big A, Max's First (5-1) goes second off the layoff for trainer Ben Perkins, who scored with Well Spelled last week, and has been in the money with four of his last six starters. This seven-year old son of Max's Pal (Marquetry) was stepping up in class fairly significantly when he shipped in last month, and responded with a solid second, rallying sharply from way off the pace in a race dominated by lone speed Fight For VLT's. Max's First swept 3-4 wide around the turn rather effortlessly before going into a drive once straightening away; final furlongs in 11.4 and 12.1. It was a solid move with no pace help. And that's the concern here; not tons of speed. Fight For VLT's (6-1) returns (and how did he pay $40 after missing by a neck in the same company two races prior?), but I would hope and expect he'll find some company at some point in the class-dropping stalker Perfect Drive (2-1). This is a favorite you might have regarded with suspicion in the past, dropping off two wins as he is. But the $29,000 purse for this 7500 claimer compares favorably to the $22,000 purse in the 10K claimer in which he ran off the claim two back. With over $31,000 already in the bank in two races after being taken for $7500 by trainer John Campo Jr, he can win another $17,000 today, plus the claim proceeds if anyone is so inclined. Not too shabby. I'll cover in the exacta with he on top. Best of luck and have a great day.