Arlington and Breeders' Cup Seek Court Approval For Pick-6 Payment

Arlington Park and its parent company, Churchill Downs Incorporated, filed a petition today with the U.S. District Court in New York to request that the court recognize Arlington Park's claim to the funds from the wagering pool of the Breeders' Cup Ultra Pick Six wager. In granting the petition, the court would allow the Illinois Racing Board to authorize Arlington Park's payment to the rightful winners.

Breeders' Cup President D.G. Van Clief, Jr. and Arlington Park President Steve Sexton released the following statement on the matter:

"The rightful winners have been waiting nearly three months to receive what is theirs. The petition being filed in U.S. District Court in New York is a request for simple justice. We will continue to do everything within our power to see that the winners receive their payments, with interest, as soon as possible."

The funds have been held in an interest-bearing escrow account by Arlington Park since the Breeders' Cup World Thoroughbred Championships in October when racing officials noticed irregularities in the supposed winning wagers placed through Catskill Off-Track Betting (OTB). Since then, Autotote employee Chris Harn has pleaded guilty to altering the wagers after races had been run - wagers that his friend Derrick Davis made on the Breeders' Cup Ultra Pick Six via his Catskill OTB telephone account. The two await sentencing.

The U.S. Attorney's Office for the Southern District of New York, which prosecuted Harn and Davis, has requested forfeiture of the funds. Breeders' Cup officials indicated that if the court were to proceed with forfeiture, the U.S. Attorney's office would, in turn, transfer the funds to Arlington Park to pay off the winning wagers. However, by filing the petition, Arlington Park is attempting to expedite the payment process by several weeks.