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Finally, a senior figure in British bloodstock has outed “blatant cases of
malpractice” in his workplace. The industry is not reeling in shock. The
only surprise is that, unlike America, where it took bold new blood to upset
the status quo, over here they have been turned on by one of their own.
Someone they cannot ignore.
That man is Michael Goodbody, for 25 years one of the Maktoum family’s senior
advisers. He retired last November as managing director of Gainsborough Stud
but last week made an outspoken start as president of the Thoroughbred
Breeders’ Association.
“I have been involved in the buying of horses on both sides of the Atlantic,”
Goodbody said. “I have seen blatant cases of malpractice, which can only be
to the detriment of the industry.”
His comments recall those of Satish Sanan, the big-spending newcomer to US
bloodstock, almost three years ago. Goodbody must hope that damaging
end-game will not be replicated this side of the Atlantic, but initial signs
are already eerily similar.
Back in 2004, Sanan wrote to The Bloodhorse: “Kickbacks and other
fraudulent behaviour are something the industry professionals know about,
participate in, and encourage, but turn a deaf ear to when someone brings it
to their attention.” He created the Alliance for Industry Reform, seeking
full disclosure of ownership and purchasers, as well as total transparency
of a horse’s surgical and veterinary past.
The Alliance was shelved when US owners and breeders responded with the Sales
Integrity Task Force, yet their report wriggled out of most of Sanan’s
proposals. They drew up a code of ethics, a model buyer-agent disclosure
agreement, guidelines for veterinary matters and buyer-education plans. In
practice, even these limited ideals were not applied.
In Britain, bloodstock malpractice last made the news that same year when a
judge labelled the dealings of trainer David Elsworth and agent Charlie
Gordon-Watson as “illegal . . . bribery and secret profits”. In 1999,
another judge had awarded an owner £51,000 damages after finding trainers
Paul Webber and Oliver Sherwood guilty of “collusive bidding”.
The then Jockey Club responded with its own code of ethics in August 2004.
Yet, as in the US, the code was modest in ambition, impotent in authority
and — relying on complaints — fatally flawed. Most victims do not know they
have been conned or do not dare to speak out for fear of embarrassment or
ostracisation from the small world of racing. They have stumbled into an
environment that does not recognise such dealings as corrupt.
In the US, things have since turned nasty. In September 2005, Jess Jackson —
another deep-pocketed industry novice — filed a lawsuit, the latest motion
of which seeks more than $8.5 million (£4.3 million) recompense. It claims
that Jackson’s former agent, Emmanuel de Seroux, secretly kept the
difference between the price he paid vendors and the amount he charged
Jackson for the same horses. De Seroux denies the claims and his company has
counter-sued.
Yet Jackson has already won a significant victory in the global epicentre of
bloodstock sales, Kentucky, where legislation now outlaws some industry
practices. Undisclosed dual agency — when a single agent represents both
buyer and seller — and secret commissions (kickbacks or luck money) above
$100 are now illegal in that state.
Some British trainers and agents will recognise this conduct as their own.
They should understand a new broom is sweeping through British racing,
typified by the response to Goodbody’s speech of Paul Roy, incoming chairman
of the Horseracing Regulatory Authority.
Promising a “reviewed and refreshed” code of ethics, he advocated the same
rules and levels of disclosure to apply in bloodstock as in the financial
world. Pivotally, he also called for “a less self-denying response to
negative issues”.
Integrity is founded on individual responsibility
Paul Roy was spot on when he said “integrity begins with individual
responsibility and needs to exist across the whole industry”. It is not
merely jockeys, trainers, owners, stable staff and bloodstock agents in the
sights of the modernising Horseracing Regulatory Authority (HRA).
It is journalists like me, spokesmen and other professionals with access to
inside information, too.
When rules on inside information are introduced by racing’s new-look
authority, probably in April, any foul play could result in HRA charges.
From August, with the institution of the Gambling Commission, it could
result in police charges under the new criminal offence of “cheat” — that
is, betting on a known outcome.
Cheating includes seeing a horse suffer an injury then laying him (backing him
to lose) in a race before withdrawal is officially announced.
Alongside these rules, a requirement to declare all interests would aid
transparency.
When the same person is, say, journalist and PR man, broadcaster and jockey’s
agent, or owner and steward, conflicts of interest — actual or perceived —
can occur.
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