Horses Wild has the latest news in the horse racing industry from jockeys, trainers, owners and breeders. Get horse racing tips, betting picks from top horse racing handicappers, stakes race results.
Be part of the action as we cover the Triple Crown starting with the Kentucky Derby, Preakness Stakes and Belmont Stakes. See the best of the best horses battle it out in the Breeders' Cup World Thoroughbred Championships.
When it comes to horse racing, Horses Wild has got you covered.
Partial ownership of Preakness Stakes and Breeders’ Cup Classic winner Curlin is to be determined as 418 people make a move to force its minority owners, William Gallion and Shirley Cunningham Jr. of Midnight Cry Stables, to auction their stake on the Horse of the Year candidate.
Angela Ford, a Lexington attorney representing 418 plaintiffs in a lawsuit against two of Curlin’s co-owners, want a judge to order foreclosure on Curlin, the stable that officially owns him, and its parent company.
A foreclosure could have 20% ownership in the horse up for bid by the Boone County sheriff, with any money made from the public sale going to settle a $42 million judgment. Angela Ford says Gallion and Cunningham have refused to make any attempt to settle the debt and even tried to sell their 20% ownership to keep the money away from the plaintiffs.
Since November, the plaintiffs effectively have held a lien against Curlin when a state judge granted them rights to Tandy LLC, the parent company of the stable with an ownership stake in the horse.
The award was made to settle the judgment, which stemmed from a lawsuit accusing Curlin’s co-owners, William Gallion and Shirley Cunningham Jr., of defrauding clients in a $200 million settlement over the diet drug fen-phen.
A hearing on the foreclosure request was set on Monday for January 22 in Frankfort. The foreclosure motion is the latest twist in the lawsuit and a criminal case that have tied up partial ownership of the horse, Curlin, in court proceedings.
William Gallion, Shirley Cunningham Jr. and a third attorney, Melbourne Mills Jr., are charged with mail fraud related to the fen-phen settlement. Gallion and Cunningham, in court filings, have maintained that any money earned by Tandy was the company’s and they were entitled to it. The two men have declined to allow a receiver to handle any proceeds from a sale of Curlin or his breeding rights.
Until the issue was settled, state Judge Roger Crittenden appointed a receiver to oversee Curlin as well as Midnight Cry Stables and other assets on which the plaintiffs held a lien. The receiver has taken in more than $445,000 in winnings which is Midnight Cry’s share of the Breeders’ Cup Classic, Preakness Stakes and Kentucky Derby purses.
An attorney for Jess Jackson, the founder of Kendall-Jackson Winery and owner of Stonestreet Stables, and his wife, Barbara Banke, who own 80% of Curlin after buying out several partners last year, said in court documents that until the issue is resolved, it is impossible to sell the horse or the breeding rights.
“Some of the best and most viable purchasers will not consider such a transaction while this problem exists,” attorney Richard Getty wrote, declining to name the potential buyers or price.
In the criminal case against Gallion, Cunningham and Mills, a federal magistrate judge said the three lawyers cannot subpoena records of contacts between the FBI and potential witnesses in the wire fraud case against them.
U.S. Magistrate Judge J. Gregory Wehrman dismissed a series of subpoenas by the men’s attorneys. Wehrman did rule on Monday that the three men can probe how the FBI and federal prosecutors put together their case.
Wehrman set a hearing on that issue for January 23. Wehrman also ruled that the hearing will be open, unless attorneys can show reasons why specific evidence or testimony should not be aired publicly. Wehrman said some evidence may deal with secret attorney-client information, which can be withheld from the public.
William Gallion’s attorneys sought to have Monday’s hearing, as well as the hearing on January 23, closed. An attorney for the Lexington Herald-Leader opposed the motion, saying there was no reason to close the entire hearing.
Tip your horse racing buddies:These icons link to social bookmarking sites where readers can share and discover new web pages.
10% Bonus + 3% Racebook Rebate
10% Free Cash Initial Deposit
Up to 30% Sign-up Bonus + 5% Weekly Rebate!
Get reward points for Free Bets