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Originally Posted by Rupert Pupkin
I just called my buddy from the CHRB. He wasn't home. I will talk to him in the next day or so and get some clarification. I did talk to him about this though a couple of months ago. I was asking him how big a deal it is when a trainer gets a long suspension and the horses are put in the assistant's name. I had assumed what many on this board assumed. I assumed that even though the horses are running under the assistant's name, that the main trainer was still getting the money and the main trainer was still calling the shots. He told me that the head trainer is not allowed to get any money and if he gets caught taking the money from the assistant that he would be in big trouble. He also told me that they can check bank records. I'm not as clear on what he told about communication between the assistant and the head trainer. I could have sworn that he told me that the head trainer is not allowed to be communicating with the assitant trainer and running the show. I thought he said that there was to be no communication between the trainer and the barn. I will get some clarification on this when I talk to him.
By the way, just to give you guys an idea of how far government agencies will go at times, I have a friend who bought just a small amount of stock in a company a few days before they got bought out. He didn't have a huge position by any means. He had bought about 300 shares of this $12 stock. Then a month later, he bought another 700 shares at about $15. The company got bought out for $18 a share a few days later. About a year or so later, my friend got a subpoena from the SEC. Not only did he have to go to their offices and answer questions for hours, but they checked his phone records, they checked all of his bank statements, they demanded he hand over his address book, etc. They thought that maybe he had gotten some inside information on the stock. Anyway, nothing ended up happening to my friend. There was no evidence that he had any inside information. But this just gives you an idea how powerful these government agencies are. By the way, this incident happened back in the early 1990s.
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Richi,
No state racing regulatory agency has powers that supercede the rights of citizens of United States.
I find it extremely unlikely that they can tell people who they may and may not call. As a matter of fact, if they were to attempt to acess the phone records or bank records of someone, that would be illegal and actionable.
Only police or givernemnet agencies have the power to do that, and even they have to obtain a warrant from a judge to do so.
They can say that there shall be no communication all they want, but an attempt to enforce that outside of the racetrack would be a violation of the rights if these people.
Furthermore, since it would only be an enforcement of a racing edict, and constitute no crime for these people to speak, how exactly are they going to obtain warrants? They don't even have the power to do that.
Were they to obtain this information unlawfully, which would seem to be the only way to do it, it would be the racing agency who was in hot water, not the trainer or asst trainer.