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Brooks Files Civil Suit Against USTA, NYSRWB

Published: February 19, 2010 9:55 am ET

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Jeffrey Brooks, brother of ex-standardbred owner David Brooks, and the racing stable Bulletproof Enterprises is reported to be suing the United States Trotting Association.

According to a report on courthousenews.com, the USTA's executive vice president, Michael Tanner, is also named in the civil lawsuit along with New York State Racing and Wagering Board chairman John Sabini and members Daniel Hogan and John Simoni.

Brooks and Bulletproof are reportedly seeking $108 million (U.S.) in damages, alleging tortious interference and due process violations.

The article states that the suit stems from the USTA adopting the stance of the Ontario Racing Commission, which decided to revoke Brooks' and Bulletproof Enterprises' racing privileges in late January, 2010. Reportedly, Brooks is claiming that the revocation came without notice. Brooks is also reportedly claiming that he was not given the opportunity to be heard in regard to the matter. In his suit, Brooks reportedly stated that the ORC had ordered Ontario tracks to freeze and withhold all purses owed to him and his stable.

At current time, Brooks and Bulletproof Enterprises are unable to race or sell any of his/its horses.

The article states that the ORC is not named as defendant in the suit.

David Brooks is currently on trial in Central Islip, New York. It is alleged that he erroneously inflated the worth of his body armour company, DHB Industries, and siphoned off millions to support a lavish lifestyle and, at least in part, his horse racing enterprise. It is alleged that he profited in the rage of $185 million after he selling stock in the company before the value of that stock crumbled.

A portion of the suit states: "In a classic case of guilt by association, virtually the entire rationale contained in Ontario's suspension order was the conduct of Jeffrey's brother, and former licensee, David Brooks, who is presently on trial for securities fraud and related counts in the United States District Court for the Eastern District of New York."

Jeffrey Brooks and Bulletproof Enterprises are being represented in the suit by Andrew Goodman with Garvey Schubert Barer.

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