Gulfstream racetrack accused by its former top lawyer of polluting water with horse manure

A former top lawyer for the Gulfstream Park racetrack has filed a federal whistleblower lawsuit accusing the facility of secretly pumping water contaminated with horse manure into a canal leading to the Intracoastal Waterway.

Michael Fucheck served nine years as a general counsel of Stronach Group, which owns the Hallandale Beach track and several other U.S. racetracks. In his lawsuit, he provided photos and videos that he says showed the track using portable pumps to discharge contaminated water into the canal, in violation of agreements with county and federal environmental agencies.

Gulfstream issued a statement denying the accusation and said it would contest the lawsuit.

“The claim stems from allegations by an ex-employee who was terminated in 2019,” the statement said. “The Stronach Group has complied with all applicable laws and regulations, and we continue to do so. We intend to vigorously defend this frivolous lawsuit.”

One of the most important racetracks in the United States, Gulfstream Park hosts the Pegasus World Cup and the Florida Derby, a race that attracts contenders in the Kentucky Derby. The 254-acre complex on Federal Highway accommodates more than 1,000 horses.

“Like all horses, the thoroughbreds of Gulfstream frequently defecate: in their stalls, on pathways and on the track,” states the lawsuit, filed in U.S. District Court in 2022 and recently unsealed. “When trainers and groundskeepers hose down the feces, the heavily contaminated water collects in Gulfstream’s underground stormwater drainage system.”

The horse manure can carry salmonella bacteria that can cause intestinal diseases in humans, pollutants such as phosphorus, and various pathogens, the lawsuit stated, putting people at risk in water that’s popular for swimming, boating and personal watercraft.

Gulfstream got into trouble over water pollution several years ago, with both the U.S. Environmental Protection Agency and Broward County issuing fines. Under a 2017 agreement with the EPA, Gulfstream paid a penalty of $456,000 and agreed to take steps to eliminate the discharges, such as installing concrete horse-washing pads that would drain into the municipal sewer system for treatment rather than into surface water.

“But now Gulfstream is back at it,” the lawsuit stated. “For at least 14 months, from March 2021 through April 2022, in blatant violation of the Consent Decree with the United States and its Agreed Final Order with Broward County, Gulfstream not only failed to use the required horse wash pads, Gulfstream has been secretly pumping water contaminated with horse feces from the North Barn area into a canal that leads to the Intracoastal Waterway — a body of water used for recreational and business purposes by perhaps millions of people.”

Fucheck filed the lawsuit under the federal False Claims Act, which allows private citizens to sue on behalf of the federal government and receive a percentage of any money recovered from the defendant. Such lawsuits are filed under seal to allow the government to investigate and decide whether to join the lawsuit, which typically makes it more likely the case will succeed.

In this case, the federal government did not agree to take on the lawsuit. The lawsuit was recently unsealed and summonses were issued to Gulfstream and various affiliated companies in October.

Sarah Schall, spokeswoman for the U.S. Attorney’s Office for the South District of Florida, declined comment, saying, “The U.S. Attorney’s Office will not comment on the basis for a decision to decline intervention.”

Steven Grover, a Pompano Beach lawyer who represents Fucheck and specializes in whistleblower cases, said no conclusions should be drawn about the strength of the case from the federal government’s decision not to join it. The government could make that decision for budgetary reasons, he said, or because it wanted to allow an agency such as the EPA to engage in an enforcement action.

Got a news tip? Staff writer David Fleshler can be reached at the Sun Sentinel Investigations Team at ITeam@SunSentinel.com.