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Originally Posted by oracle80
Rich I just asked my friend(a lawyer) and he said in a place like NY, the racing and wagering board would have nowhere near the power of a goverment agency like the SEC.
My friend said that if the State Racing and wagering Board wanted to get someone's phone records or bank records that under no circumstances could they just go and get them. They would have to contact a police agency and convince them that a crime was committed and then it would be up to the police to take that action if they deemed it necessary.
He said it would have to be a criminal action, and he said that talking on the telephone in itself would not be a crime, simply a violation of a civil matter between the trainer and the racing and wagering board. Same with the money.
Perhaps its different out there in Cali, but this guys a pretty good lawyer and he said that without a criminal action, that you can not just gain acess to bank and phone records.
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The racing board might not be able to get phone records and bank statements if they didn't have at least have some evidence that the trainer was disobeying the terms of his suspension. But if they had some evidence that the trainer was violating the terms of his suspension, I don't think the board would have a problem getting bank records and phone records.
These cases are very serious. I think that with all of these postive tests, the racing board turns their findings over to the attorney general's office. So law enforcement is somewhat involved. Since my buddy from the CHRB has not called me back yet, I was checking the CHRB website yesterday to see if I could get any more information on my own. I was reading about a trainer having a postive test and being suspended for two months and it said someting about the findings being turned over to the state attorney general's office, so I assume this is probably standard practice.