SAY NO TO FRAUD  

This is a scenario concerning two cremello foals, a colt and a filly, purchased from a well known breeder. The buyer agreed to purchase the foals and went to pick up the foals. He was shown the palomino sire,  and two mares identified as the dams of the two foals, which were both palomino mares of good size and conformation. My friend did not see the registration certificates on the palomino mares and was furnished the applications to register the colt and filly. When his registration certificates arrived the papers identified the dams on both of the sets of papers as being black mares. One mare had a black sire and a black dam.  The other mare had a black sire and a chestnut dam.  Neither mare could have produced a cremello foal by a palomino stallion.  It was obvious the the mares shown were not the mares on the registration certificates.  The buyer filed a formal complaint for fraud under the TWHBEA Bylaws Rule 13. 

Rule 13 states:    

“13.01 Any person or persons who shall willfully register or record a false pedigree shall be forever barred from making further registrations, and from membership, and the registration of such false pedigree shall be void.
 

"13.02 No person shall willfully misrepresent the name, age, pedigree, blood type, blood type sample, or appearance of any horse being offered for sale or breeding. (Effective 8/1/95)”  

 

"13.03 No person shall purchase, sell, give or receive a Certificate of Registration without that represented animal being a part of the transaction. (Effective 8/1/95)"

The TWHBEA Registration Application/Blood Typing Kit Request states in block 12 & block 13:

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 VETERINARIAN'S BLOOD SAMPLING STATEMENT

This is to certify that the above color and markings chart and the color and markings of the animal listed are the same and correspond with the animal from which the enclosed blood sample was drawn. 

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It was signed and dated with vet's license number and state of license. 

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OWNER/APPLICANT INFORMATION:

I hereby certify that all information on this registration application and/or blood typing kit request is true and correct to my personal knowledge and agree that the Association has the privilege to correct and/or cancel the registration certificate for cause under its rules and regulations. 

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It was signed and dated by the breeder with address and telephone number. 

  
The breeder admitted over the phone that these mares were not the same mares on the papers. He said he bought the mares this way and had them blood typed in 1996 and it was legal and they are covered under the grandfather clause.  

The breeder/seller provided a letter to the TWHBEA Executive Committee in which he stated he received with the mares stating that the mares were born black and turned palomino. One mare wasn't registered until she was 4 years old and the other at 7 months. A genetic expert was contacted and he stated that palominos are born very light and the gold deepens with age and that a palomino has never been documented in history that was born black and turned to palomino.  

Also the blood typing on the two palomino mares shown as the dams of the foals do not parentage verify to the black sire and dams on their registration certificate.  I realize that the grandfather clause accepted horses blood typed as is but Rule 13 of the TWHBEA Bylaws does not sanction FRAUD.  Both of the mares also show they have each had a black foal several years before.  

The final action taken was to cancel the registrations on the cremellos and on the two mares listed as the dams of record.  No other action was taken against the breeder.  

The credibility of the bloodlines of the TWH breed are at stake if TWHBEA fails to adhere to Rule 13 of the TWHBEA Bylaws

This certainly stimulates the thought process and raises some questions.  I hope to see support for changes that "SAY NO TO FRAUD"

Elsie 

Last Chance Farm
 10267 206th Road
  Nortonville, KS 66060
  Phone: (913) 886-6481
  Fax: (913) 886-2713
darrah5015@yahoo.com