NYRA officials indicted for falsifying weights

New York State Attorney General Eliot Spitzer, State Comptroller Alan Hevesi

and State Police Superintendent Wayne Bennett announced the indictments

Wednesday of two New York Racing Association (NYRA) officials for allegedly

falsely reporting the weights of jockeys in races at Aqueduct, Belmont Park and

Saratoga. The officials, Clerk of Scales Mario Sclafani and Assistant Clerk of

Scales Braulio Baeza, were suspended by NYRA in January, when the allegations

first came to light, and fired on Wednesday.

"These two officials basically had one job to do, and that was to ensure that

the weight of the jockeys was recorded accurately and then disclosed to the

bettors," Spitzer said. "Instead, they misled the public and compromised the

integrity of races run by NYRA."

Five jockeys were named as un-indicted co-conspirators -- Jose Santos, Robby

Albarado, Cornelio Velasquez, Heberto Castillo Jr. and Ariel Smith. According

to the indictments, the jockeys were allegedly allowed to ride at weights

seven-to-15 pounds higher than those listed in the program on 67 occasions from

June 23, 2004 to December 15, 2004, and hundreds of thousands of dollars were

wagered on those horses to win.

"This multi-agency investigation has disclosed serious integrity issues

surrounding the accurate disclosure to the betting public of the weights of

jockeys and has brought to justice the officials involved in this fraud,"

Bennett explained.

Unsealed in Saratoga County Court, the indictment charges Sclafani, 48, of

Yorkstown Heights, New York, and Baeza, 65, of Elmont, New York, with 291 counts, including: scheme to defraud in the first degree,

conspiracy in the fifth degree, tampering with a sports contest in the second

degree and grand larceny in the third degree. If convicted of the charges, the

two men could face up to seven years in state prison.

Sclafani was arraigned on Wednesday and pled not guilty to the charges. Baeza,

a Hall of Fame jockey and winner of the 1963 Kentucky Derby, will be arraigned

October 6.

Spitzer acknowledged the role of NYRA authorities in initiating the

investigation.

"The investigation began when NYRA trustees, in a newly formed oversight

committee, informed the Attorney General's office of suspicious activity

involving the Clerk of Scales," Spitzer said.

The jockeys named won't face criminal sanctions, but the attorney general is

referring the matter to the New York State Racing and Wagering Board for a

review of the jockeys' licenses.