N.Y. Gaming Commission will consider revoking Asmussen’s license

The New York State Gaming Commission will hold a hearing Sept. 18 to consider revoking trainer Steve Asmussen’s racing license.

In a notice issued Thursday, the commission listed several factors that could be cause for revocation.

These include whether his “financial responsibility, experience, character and general
fitness” are inconsistent with the public interest and the best interests of racing, whether he is financially irresponsible, and whether he has been guilty of or attempted any fraud or misrepresentation
in connection with racing.

The notice cited the finding by the U.S. District Court for the western district of Kentucky that Asmussen engaged in
willful violations of the federal Fair Labor Standards Act with respect
to compensation of racing employees, despite having been advised by the
U.S. Department of Labor of similar issues during the course of
previous investigations concerning compensation of his employees
in New York.

As a result, he was ordered to pay $486,520.26 in
damages for back wages and liquidated damages.

Asmussen attorney Clark Brewster told Thoroughbred Daily News, “We welcome the opportunity to provide transparency and frank discussion to the Gaming Commission regarding federal agency actions that have impacted so many trainers in this industry. Steve has always paid at the top of the scale for all backside workers. The issue has never been the actual pay workers received, but has focused on rules relating to record keeping.”

If a decision is made against Asmussen at the hearing, he can reopen the hearing if he can show “that there is newly discovered evidence or a compelling reason to reopen,” according to the notice. He also might be able to seek review in the courts.