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Originally Posted by Rupert Pupkin
The racing board is a government agency just like the SEC is a goverment agency. The SEC is the enforcemnt body when it comes to anything involving the stock market. The racing board is the enforcement body when it comes to anything involving racing. A racing board can get a search warrant and check phone and bank records just as easily as the SEC can.
With regards to preventing communication between the trainer and the assistant, I'm going to have to get clarification from my buddy who was on the CHRB. I could have sworn he told me that the trainer can't be communicating with the assistant. Maybe he just meant that the board will not allow the trainer to be in constant communication with the barn and still calling the shots. Maybe a phone call once in a while is alright. I will ask him for clarification when I talk to him.
It may be similar to what happened with Steinbrenner a few years back when he was forced to relinquish control of the Yankees for a few years. I don't remember what the exact details were in that case. I don't remeber if he was to have zero contact or if maybe he was allowed to check in once in a while. I do remeber that he was not allowed to be involved in running the team in any way.
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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.