Renowned Thoroughbred trainer Steve Asmussen is currently facing significant charges from the New York State Gaming Commission (NYSGC) that could lead to the revocation of his trainer’s license. The allegations, detailed in a notice of hearing dated June 13, stem from multiple findings of wage and hour law violations, as well as a violation related to the H-2B visa program. A hearing is scheduled for September 18, with hearing officer Clark Petschek tasked with reviewing the evidence and providing a recommendation to the NYSGC.
The charges against Asmussen are a composite of several labor law violations, with four occurring in New York and one in Kentucky. The United States Department of Labor has been involved in each of these cases. Specifically, the allegations include:
- Reimbursement of overtime wages totaling $19,397.31 between July 2010 and December 2012, with an additional $9,698.66 in liquidated damages.
- A 2021 civil penalty of $46,200 (originally $115,500) for allegedly failing to pay employees overtime wages.
- Back wages of $129,776.58 and civil penalties of $75,223.42 assessed in 2023 related to H-2B provisions.
- An agreement with the Department of Labor to reimburse $281,900 in overtime wages from June 2016 to September 2020, with a matching sum in liquidated damages.
- A recent case in Kentucky, currently under appeal, which assessed $243,260.13 in overtime wages plus an equal amount in liquidated damages.
Representing Asmussen, attorney Clark Brewster maintains that his client treats his employees well and provides competitive wages, stating, “No employees (in horse racing) make more than those who work for Steve Asmussen.” Brewster attributes the legal issues to technicalities and challenges in record-keeping, noting that the Department of Labor is a government agency that has pursued Asmussen in court. He added, “We’ve gone the extra mile to avoid this (by upgrading recordkeeping mechanisms). These kinds of cases are almost impossible to defend.”
Brewster, who also has a financial interest in the racing business as a co-owner of horses with Asmussen, including recent Jaipur Stakes (G1T) winner Cogburn, highlighted that Asmussen is not unique in facing such investigations. He explained that while New York state regulators found no direct violations, federal investigators raised concerns about the stable’s record-keeping practices. Brewster commented, “This is affecting a lot of trainers. Some trainers have gotten out of the business because of it.”
The NYSGC’s grounds for seeking license revocation for Asmussen include concerns about his “financial responsibility, experience, character and general fitness,” suggesting his continued participation would be “inconsistent with the public interest, convenience or necessity and with the best interests of racing generally.” Further accusations state that Asmussen “is financially irresponsible,” has “been guilty of or attempted any fraud or misrepresentation in connection with racing or otherwise,” and “has violated or attempted to violate any law with respect to racing,” in addition to engaging in “improper, corrupt or fraudulent acts or practices in relation to racing.”
Brewster asserted that Asmussen has never faced a finding of fraud or misrepresentation in any of the wage cases, and has paid all assessments in full. This situation echoes previous disciplinary actions taken by the NYSGC against other prominent trainers. Rick Dutrow received a 10-year suspension in 2013, which was largely honored across racing jurisdictions. In 2021, Linda Rice was initially suspended for three years and fined $50,000, but after a court overturned the decision, the NYSGC doubled her fine to $100,000. More recently, trainer Todd Pletcher faced a 10-day suspension and disqualification of Forte from his 2022 Hopeful Stakes win, though these actions were temporarily stayed by a state court. Notably, Clark Petschek, the hearing officer assigned to Asmussen’s case, also presided over the Forte case.
References
- Hall of Fame trainer Steve Asmussen is facing charges levied by the New York State Gaming Commission that could determine whether his license should be revoked. (n.d.).
- Cogburn. (n.d.). Retrieved from http://www.bloodhorse.com/stallion-register/stallions/172962
- Forte. (n.d.). Retrieved from http://www.bloodhorse.com/stallion-register/stallions/172561
