On Thursday, December 23, the Ontario Racing Commission today released its ruling in regard to Daniel Waxman and Vandalay Racing
News of the ruling was reported on earlier this week
The ORC decision is based on allegations that Daniel helped his father, Robert Waxman, hide ownership of a stable of horses, which included Loyal Opposition, a multiple stakes winner that won 56 of her 98 career races and banked $3,021,108 in purses. The pacing mare last raced in November of 2006.
The decision does state that, 'The ORC Administration does not assert … that Daniel Waxman was party to or engaged in any fraudulent transaction or dishonest conduct' the commission made it clear important rules had been breached and Waxman had an obligation to be familiar with the rules even if he 'was not aware of the particulars or details of Robert Waxman’s license history or of all the matters and legal proceedings in which his father was involved or named.'
The notice of the ORC ruling appears below (please note that in order to view an official copy of the ruling, which includes the ORC's reasons for decision, click on the link at the bottom of the notice).
On May 10, 2006, the Director issued a Notice of Proposed Order to Suspend the licenses of DANIEL WAXMAN (“WAXMAN”) and VANDALAY RACING (“VANDALAY”) for failing to ensure that race horses raced in the name of the bona fide owner pursuant to Rule 11.08 of the Rules of Standardbred Racing.
On May 19, 2006, WAXMAN and VANDALAY filed a Notice of Appeal of the Director’s decision.
On December 15, 2010, a Panel of the Ontario Racing Commission (“ORC”) comprised of Chair Rod Seiling convened for the purpose of hearing the appeal.
Trudy Mauth appeared as Counsel for the Administration of the ORC and David Moore appeared as Counsel for WAXMAN and VANDALAY.
Upon reviewing the Agreed Statement of Facts and upon hearing the joint submissions of Counsel for the Administration of the ORC and Counsel for WAXMAN and VANDALAY, the Panel approves the joint submissions, confirms the conclusion that WAXMAN and VANDALAY failed to ensure the proper separation as required in accordance with Rule 6.13.03 (i) – (v) of the Rules of Standardbred Racing and makes the order as attached hereto.
The transcript from the hearing, the Agreed Statement of Facts and the Order are attached to this Ruling (click here to view the ruling).