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HRN Original Blog:
Dead Heat Debates

Cut the Drama and Show some Class

Cost of Freedom 615 X 400
Photo: Eclipse Sportswire

 

The world of Thoroughbred racing has had enough bad exposure in recent years. Instead of creating more with petty drama, racing's higher ups should focus more on what is best for the sport, and how best to promote the sport to the world. They should not be causing, or getting involved in, social media fights that do more damage than good.

 

 

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Older Comments about Cut the Drama and Show some Class...

1) The court fees would be more than the horse is worth. 2) FYI. In America you are only innocent until proven guilty in a crime case, not civil. Example, A boss can fire you (Guilty) with no pay because he "thinks" your not an honest employee. Now if you want your job back you have to "prove" you are innocent in court.
Noelle, I wish we could. Just believe that there is a lot to learn from these two instances. You either do something the right way, or not at all, is the main point. Cost or no cost. If you feel strongly enough about something, speak your mind, bring it to attention. Just do it the right way. Do what is best for everyone, not just yourself and your ego. David, Constitution was as impressive as any first time starter as i have ever seen.
The whole thing is just rediculous at this point. Can we all just move on?? Just sayin'. Lets focus on what really matters instead of this garbage.
Dani. All of you speak cavalierly about taking a matter to court when none of you have any idea what it involves nor the cost. Basically few lawyers would even take this case as it involves very little money to outweigh the costs of litigation. Most lawyers would ask for a retainer here of at least $2k or more. Where do you think this money would have come from? Maggi Moss maybe, Malone definitely not, COF's fund possibly. Most lawyers doing trial work charge at least $150 or more per hour. In other words, you could easily run up costs in the neighborhood of thousands in order to get back far less. These type of cases are considered nuisance cases by most lawyers and they don't take them. Finally if this case were taken, you are looking at a six month to a year to actually get on a docket in order to be heard. All the while any wrongdoing could be covered up making it even more costly to get documents and accounts. As a rule of thumb, when you are dealing with embezzlement, which is what this is, you need to move quickly or you could lose the evidence. The other point is that the fans may have reacted, but so did Carl as he turned over all the missing checks and the rest of the pay pal account transactions. I believe the first pages he turned over were devoid of almost 30-40 transactions that were later accounted for after the allegations were made. What seems to be overlooked here by everyone focusing on the manner in which it was done, is that if Carl had actually done a complete accounting showing all transactions and providing all monies collected, he would not have been accused either. Frankly, to me what comes to mind here is a legal tactic in making the allegations on social media and trying to push Carl to sue for defamation. This would have meant that he would of had to pay the costs of bringing the action and would have given Maggie the ability under the rules of discovery to get documents etc. without having to pay for them. I am sure to most people this would be a very cold blooded and ugly way to get to the truth, but given legal realities that I have tried to delineate, this may well have been behind the allegations. As a trial lawyer, this is the first thing that came to my mind when I saw the allegations made against Carl. I felt she had the proof and was putting the screws in him because no lawyer worth their salt would be dumb enough to make those allegations without evidence because you could be at the very least suspended from practice or disbarred.
Buckpasser, it may have gotten a quick response, but it was from fans and she knowingly tarnished the reputation of another without hard evidence, causing a rift between not just them, but anyone who knew either one of them. A quick response is not enough to outweigh the damages that were caused by this, to either side. If it was that important, to anyone, then they should bring it to court. If it is important enough for you to make allegations that can ruin a person's reputation, you better be willing to take it to court. Just because one way is quicker and easier, does not make it right. If you are going to do something do it the right way.
I would think a lawyer could handle that, but I'm not in her wallet.
It's more expensive than you might think to keep a horse. Vet check ups aren't cheap, those don't count visits for horses that are because the horse got sick or hurt. You have shoing bills, which for us was about 4-6 weeks. Boarding, never cheap. The costs just like to keep wracking up. At one point I had three horses, a Morgan and two TB's. Morgan was an easy keeper, the cheapest. Never got sick, went barefoot, and I'd say we still probably spent around 700 a month with her. Supporting horses requires one very mentally and financially stable person. If you aren't both, you have no business having a horse.
Ray Paulick has a long column detailing the entire time line of events. Dec. 22 was when the pay pal account for the horse set up. Dec. 30 after speaking to Malone Moss puts out on social media for people to email her about their contributions to the fund. On Dec. 31 Malone asks for a full accounting from Carl. Jan. 2 Carl has everything ready for pick up. Moss and Malone go over accounting and she cannot find many of the donations that people have said they have given. That same day, Moss contacts the special investigator for the CHRB to look into the matter. Jan. 4 allegations against Carl surface on social media because of Moss' concern CHRB will not move fast enough on matter. After name calling by both sides, updated information and monies are turned over to Malone. As of Jan. 9 no comment is forthcoming on the matter from the CHRB. I don't defend Moss' usage of social media to spew allegations, but she did contact "higher ups" to look into the matter. Looking at how well the CHRB is handling the California racing scene, I would be concerned that they would just sweep this matter under the table too. As to going to court, as a lawyer I will tell you this case is too costly to bring. You have service of process and court fees that can run several hundred dollars before you even talk about lawyer's fees. I have no idea whether Moss is admitted in Ca or not. If she isn't and is forced to hire someone it would be expensive. Obviously if she is so admitted, she could bring the case herself. But legal cases are time consuming and many are not actual heard for years. As to the usage of social media, quite frankly it got an immediate response. Monies and pay pal transactions that seemed to be missing from the original account miraculously appear. As long as a reaction comes quickly, social media is going to be utilized to solve problems, to make allegations and to do everything from the tawdry to the noble.
Laura, You sound very sensible. I had to burst out laughing when you asked why anyone call someone out, because I did that. Another thing is, and if I catch hell for this okay, but how much does it take to keep a horse nowadays? Why all the drama over providing for Cost Of Freedom anyway? I did not contribute, so I haven't commented until now, but seems like the ones in the "debacle" could maybe have found some place for him on their own and not even requested funds, but then it wasn't my money, just that for instance my broke late in laws kept horses very nicely, all healthy, with vet care, good feed, but I know times have changed or probably it's much harder to re-home a retired Thoroughbred?
By the way, Michael (my 1-year old) was completely riveted by your video blog. I think you have a new fan for life.
A few things: 1. I agree that both the Cost of Freedom issue and the allegations against Jacobson have been handled poorly. 2. I can understand the DAS partners coming to the defense of Jacobson because he is essentially one of them. Not only is he their trainer, but he also owns a stake in many, if not all, of their horses. HOWEVER, they could have defended him in a better manner. 3. I think this is yet another rich/poor divide issue. Every year, or so it seems, on the Derby trail, top trainer Todd Pletcher inevitably loses some of his most promising Derby prospects to injury. People comment on this fact, yes, but not nearly to the extent that Jacobson has been thrown under the bus. The reason for this? I believe it is because Pletcher is a top, highly respected trainer whose horses run for million dollar purses. Jacobson, on the other hand, deals primarily with claimers, and claimers and stakes horses are handled differently. In the claiming ranks, you can still see some of the old-school methods of training and running, namely horses being wheeled back several times within a short span of time. This used to be the norm for stakes horses, too, but since this isn't the case anymore, the casual fan looks at the claimers as over-raced because they simply don't know that any other method of training/racing exists.
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Meet Laura Pugh












 

For as long as i can remember I have always loved horses and writing. The first race I ever watched was War Emblem's Preakness Stakes, but I didn't really start to get into racing until the next year where watched and cheered Empire Maker through the Derby, and yes, the Belmont.

I didn't begin writing until a few years later, when I created my own blog Horsin' Around. It didn't take long for me to realize that my niche was stirring the pot and creating heated debates, especially during the time of Big Brown vs Curlin and Rachel Alexandra vs Zenyatta. I was a Curlin and Rachel fan.

Now I am here under the name of Dead Heat Debates, and hoping to live up to that name. Have fun and let the opinions fly!