Penn National arrests

[Cannon Shell]

Originally Posted by cmorioles

Taking money to print phony workouts is not "faulty Equibase" information. There was intent to deceive here.

But is that a felony?

If I have a horse that needs a 30 day work and I give the clocker $50 or $100 to put one in is that really a felony? (I have never given any money to a clocker nor do I know anyone who has so I'm guessing on the amount) That is abusing his power as a racing official but is equibase information really protected under criminal statutes? Yeah I get that they are using the open ended wire act argument but a large number of workouts listed are self reported so what standard there for accuracy or legitimacy of works?

Perhaps they can prove that he was using this information to deceive for personal betting purposes but is simply deceiving for relatively minor amounts of money worthy of Federal prosecution? I mean I'm not defending the guy because he clearly did wrong but this potentially seems like very small potatoes for a Federal case.

Losing his job? Getting hefty fine? Lengthy suspension? Made ineligible to hold similar position again? Sure. Federal Felony? Not so sure.