I sent this to NYS Racing and Wagering Board days after 2018 Dwyer— with cc to Panza and Kay!

---------- Forwarded message ---------
From: RICHARD RESNIK <richardmresnik@gmail.com>
Date: Sun, Jul 8, 2018 at 12:12 PM
Subject: Yesterday's Dwyer
To: <steve.lewandowski@gaming.ny.gov>
CC: <mpanza@nyrainc.com>, <ckay@nyrainc.com>


Mr. Lewandowski- I have been a racing fan for more than 50 years. I also an owner involved in 5 partnerships and an active NYRA Bets user. I am a Saratoga season ticket holder. I am also an attorney with more than 49 years active experience as a litigator, much of it involving fraud based litigation. I take this opportunity to write to you as the NY Gaming Commission Steward to request, indeed, demand, an appropriate investigation into the betting that took place in connection with yesterday's Dwyer handicap.

The basic facts are not disputed. Firenze, the winner of the race, trained by Jason Servis, was between 6-1 and 8-1 throughout the betting. Literally, as the horses were being loaded into the gate the horse was bet down to 5-2 and the $1 exacta with a 14-1 shot second paid $25. The horse had a stunning form reversal and won with ease by 9 lengths in a very fast time. Given that NYRA has already touted in the media how much was bet yesterday on a national basis, an enormous bet (not large, but enormous ) had to have been made at the last minute. The post race statements me by the connections of the horse—“We now realize he is a one turn horse” are pablum designed to explain away what happened and to detract from asking “WHY?” and “HOW”. I was in a box seat yesterday, as I was fortunate enough to have a horse in the Belmont Derby and all anyone in ear shot could talk about was the incredible action this horse took.

This email is not prompted by sour grapes as my investment in the race (less than $20) is not worth my time and effort in writing this email. Like many horseplayers I am frustrated and angry at the apparent like of oversight protecting those who continue to make the existence of this game possible-the bettors. It would be inappropriate and irresponsible to accuse Jason Servis (or any trainer) of wrongdoing through the use of unlawful drugs or otherwise since I am not in possession of any facts to support such a accusation and my training was a litigator has taught me that facts are what count, not suspicion. ( I do note that Mr. Servis has been the subject of many writings of late on racing blogs regarding his incredible nearly 50% win percentage at Monmouth. He has supplanted Jorge Navarro as the most discussed trainer. This issue also goes far beyond a single trainer.)

As the NY State Steward (I have actually read the regulations) it is fair to state that your primary responsibility is to preserve the integrity of horse racing as conducted by NYRA. I respectfully suggest that you can only fulfill that obligation by conducting an investigation into the betting patterns, interviewing those involved and publishing your findings so your constituency -the betting public-at least has some comfort that their interests are being protected and that we hear something from you or NYRA other than there is nothing to investigate or “the chemists are ahead of us”. I respectfully suggest that neither NY State nor NYRA should be arrogant enough to believe this is an issue it can ignore. I have spoken to many involved in horse racing and the usual response is something like “ I don’t want to bite the hand the feeds me” or a shrug of the shoulders that says “It is what it is”. One person heavily involved in racing, in a confidential communication to me today on this issue stated “The cheaters have become emboldened and feel no shame in flaunting it.” Again, I am in no position to accuse Mr.. Servis or anyone of cheating. That seems to be your job to investigate. I do know that horse players are among the most abused persons-and most of the time they deserve it for continuing to play a game that, all to often, they believe is not played on a level playing field. All of us have options---we can stop gambling on horse racing, stop investing in partnerships or switch ADWs. The events of yesterday have made me start to think about some or all of this options. As an attorney I am also aware of the legal options available to compel the performance of your duties and responsibilites.

I am 72 and have choices where I can use my recreational disposable income. The response of you and NYRA to the demand made in this email will strongly suggest my future use of those funds. Since your cell phone is on line I provide you mine in the event you would like to discuss this further. On behalf of horseplayers everywhere, I am outraged at what happened yesterday and request that Mr. Kay and Mr. Panza forward this missive to NYRA’s Board of Directors. Tha