Fired Hawthorne Vet Claims He Was Fired in Retaliation for Attempts to Eliminate Unhealthy Horses

Christine Tuma, who previously worked as a veterinarian for an association of Hawthorne Race Course and the Illinois Racing Board (IRB), filed a federal lawsuit against the two entities on Thursday, alleging that her efforts to allow more than 80 crippled or injured thoroughbreds to race in the 2022 and 2023 races were met with an alleged conspiracy to reverse her actions so the sick horses could race.

The complaint further alleged that when Tuma reported the alleged conspiracy to state and federal regulators, she was fired “in retaliation for blowing the whistle on the illegal activities.”

The termination came just 48 hours before a scheduled visit to the racecourse by regulators from the Horseracing Integrity and Safety Act (HISA) Authority, the lawsuit alleges.

Both Hawthorne management and the IRB denied the allegations at the time TDN requested comment sept 12

An emailed statement from Hawthorne said in part: “Tuma’s lawsuit is false and misleading and Hawthorne will vigorously challenge it in court… Tuma is using the legal system to resolve professional differences with other, more experienced and competent veterinarians at the racetrack and the IRB.”

Domenic DiCera, the IRB’s executive director, wrote that: “When we became aware of some of these allegations in March 2023, we immediately investigated the matter and alerted federal horse racing authorities. We found no credible evidence at the time to support allegations of wrongdoing, nor did federal authorities notify us of any substantiated allegations.”

WBEZ in Chicago, which first broke the story about the lawsuit, reported that Tuma has been licensed in Illinois since 2007 and has not been subject to any criminal charges.

Tuma files a lawsuit in the United States District Court (Northern District of Illinois, Eastern Division), using the Racketeer Influenced and Corrupt Organizations Act (RICO) as a tool to collect damages.

RICO is a sweeping federal law passed in 1970 that was originally designed to combat the Mafia. But in legal terms, it has long since lost its stigma of “organized crime” and has evolved into a civil litigation component often brought by alleged victims of white-collar crimes such as mail and wire fraud.

Also named as defendants in the lawsuit are Hawthorne employees Jim Miller, the race’s director; John Walsh, the assistant general manager; and Dave White, the race’s secretary. Beth Beuchler, a veterinarian employed by Hawthorne; Dawn Folker-Calderon, the IRB’s chief vet; and two state stewards, Thomas Kelley and John Eddy, are also defendants.

“The participation of these horses in regulated races in Illinois was not only a means for the RICO Defendants to compel wagers on horses that were not legally qualified to run, but in numerous instances the certification of an additional horse in a race allowed the Enterprise to conduct races that did not meet the legally mandated minimum number of entries required to conduct a race subject to wagering under Illinois law,” the complaint states.

“It was at the 2022 Fall Meeting that Dr. Tuma revealed the full extent of the illegal racing of sick and lame horses,” the lawsuit states. “At or about the same time, Dr. Tuma discovered alterations in the medical records of these horses and began investigating.

“Dr. Tuma entered her assessments into the Track Manager software, which transmitted medical assessments of horses racing in Illinois to the IRB and HISA,” the lawsuit states. “Dr. Tuma discovered that her assessments of horses as ‘crab lame’ had been manipulated by Calderon and Beuchler on multiple occasions and changed to ‘racing sound,’ the indication to state regulators that the horse was fit to run, or ‘scratch sick.’

“Dr. Tuma first observed that when Beuchler assessed a horse as lame, which required a minimum two-week absence under federal law, Beuchler would surreptitiously ask the horse’s trainer while in the barn during the pre-race exam if the trainer would personally scratch the horse as ‘sick’ by submitting a falsified, trainer-initiated scratch request,” the complaint states.

When Tuma expressed her concerns about the delisting process to Calderon, she was reportedly told, “That’s the way it always goes.”

Tuma’s lawsuit alleged that owners and trainers began complaining about her high scratch rating, including one rider who “caused a horse to leap menacingly toward her, threatening her with serious bodily harm.”

Another time, the lawsuit alleged, a groom “physically abused” her.

The complaint alleged that when Tuma reported these incidents of abuse to railroad officials and stewards, “only a token fine was imposed on the perpetrators.”

When Tuma began filing a series of complaints with stewards about the “misclassification of horses as sick or lame,” she was informed by Calderon “that her authority to strike horses had been revoked,” and that a new protocol would be put in place requiring Beuchler to review her evaluations, the lawsuit says.

“Finally, on March 20, 2023, Dr. Tuma delivered an extensive whistleblower letter to the IRB and HISA,” the complaint states.

The lawsuit continued: “On or about the date Dr. Tuma filed her extensive complaint with the IRB, Miller, who had never called Dr. Tuma directly on her cell phone until then, called her at least six times to intimidate her about her crippling injuries and to ensure that the maximum number of horses were ridden.”

Approximately 3 1/2 months later, just two days before HISA staff was scheduled to visit Hawthorne for an inspection, the complaint stated: “Dr. Tuma met with Walsh via Zoom on July 11, 2023 and was informed that she had been terminated based on the pretext that her termination was a cost-saving measure.

“Dr. Tuma was terminated in retaliation for her protected activation of the Company’s activities and to ensure that Dr. Tuma could not make further disclosures about the scheme to federal regulators,” the complaint states.