Schoenthal Meth Case Resolved With 15-Day Suspension

The Phil Schoenthal pair of methamphetamine positives at Laurel Park, announced by HIWU on April 9, have been resolved with a 15-day sanction for the trainer, eight days of which have already been served, according to HISA CEO Lisa Lazarus.

Schoenthal was issued a provisional suspension after two of his horses, Prodigy Doll and Determined Driver, tested positive at Laurel on January 28 and February 9.

“I was informed today by HIWU that they took all of his evidence into consideration,” said HISA chief Lisa Lazarus, who said that the groom who took each horse in the paddock and an exercise rider in his barn both tested positive for meth, and that Schoenthal had already pre-emptively instituted a workplace program to warn employees about the dangers of environmental contamination.

“The HIWU team was really impressed with that,” said Lazarus. “What we've said was that if you made efforts to reduce your risk, that would mitigate your sanctions. That was essentially the rationale.”

Said Schoenthal, “I am pleased at the outcome. There were some very tenuous moments here in my week that were very trying for me, but I believed from the onset that common sense would dictate the outcome and I'd get a fair and equitable outcome, and I did.”

Schoenthal said that substance abuse on the backstretch was something that everyone in racing had to deal with. “I think the takeaway from my case, if it can serve to help others, is that you can't stop bad things from happening one hundred percent around your horses,” he said. “The onus is on us to be able to prove to HISA and HIWU that we did all that we could do to prevent this from happening and if you can prove that you did, I believe they're going to be fair with you.”

Schoenthal said that he had taken some valuable lessons away from the Jonathan Wong ruling, in February. Wong was suspended for two years and fined $25,000 after one of his horses tested positive for metformin. Had he not read the entire ruling, said Schoenthal, he would have made the same mistakes. “Obviously, as a concerned industry participant I've read every ruling and case that comes down the pike, and his ruling was a 50-page document that was posted on the website. I never met him, but I read his defenses, and it occurred to me if it were me, I'd have all the same defenses.”

“He took a polygraph test. I would have googled nearest polygraph expert and thought I was doing the right thing. He had a sworn affidavit saying his assistant told them not to pee in stalls. That wasn't good enough, and I would have done the same thing. I read that, digested it, and realized, `you know what? In the old regime, you would walk into the stewards' office and talk to a retired trainer or jockey who knew how the backstretch worked and were understanding with those things and believed you.' HIWU was given a set of rules they did not write. Their only their job is to enforce them. They are white-collar, smart, educated people, and come from a world where an employer has drug policies and HR policies. For the last 100 years, they have not been part of our world.”

“I sat down that weekend, and typed up a whole manual for my employees. Don't take your prescription medications at the barn, and if you have to, wash your hands. Don't pee in the stalls. Don't allow friends, families, and strangers to touch the horses. We bought some pizzas, and went through all of these things in English and Spanish, and had everyone sign the paper that they understood. We also put up signs that said don't pee in the stalls and tried to take a very proactive approach to the things that were in our control to mitigate the risk.”

Lazarus said that the manual and the meeting went a long way to prove that Schoenthal had taken steps to lessen his risk. Schoenthal said he called Alan Foreman right away, had everyone in the barn tested, and found the groom and the exercise rider tested positive for meth. “As such,” he said. “I could prove a clear path.”

“I have had a wonderful experience dealing with HIWU,” said Schoenthal. “They have been nothing but professional and helpful. I spoke with Lisa Lazarus and Ben Mosier several times. I told Lisa, `look, at the end of the day my employees tested positive for meth. I'm not trying to say here I deserve zero punishment and should be exonerated. I accept and admit that there is some part that my failures played in this.' I was prepared to take some days. The investigators who served me with the notice of the first positive were nice guys who treated me with respect and fairness. I do understand the rules are the rules and they're just enforcing the rules, but we still need to have some further conversation about what rules need to be changed. We need to get together as horsemen to see how we can make this better.”

In the end, said Schoenthal, his story should serve as a warning to others, just as Wong's did to him.

“This can happen to anybody,” he said. “There is nobody who is immune to a horse coming up positive. There's a lot of work to be done and I believe from talking to HISA that they are open to it. I was very grateful to HISA and HIWU, Lisa Lazarus, and their general counsel that they were very willing to listen to me.”

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Diodoro Resurfaces At Lone Star Park

High-profile trainer Robertino Diodoro, who is serving a provisional suspension from the Horseracing Integrity and Welfare Unit (HIWU) after the banned substance levothyroxine was found in his barn at Oaklawn Park, has entered a horse for the April 18 card at Lone Star Park. On opening night, he has entered Master of Disguise (Mastery) in a maiden special weight race with a purse of $33,000.

Diodoro is eligible to race in Texas because the Horseracing Integrity and Safety Authority (HISA) does not have jurisdiction in that state.

Diodoro did not return a phone call from the TDN, but it appears that he will be busy at the Lone Star meet, which concludes on July 14. Diodoro has been allotted 50 stalls, which appears to be the maximum amount allowed by the track's racing department. He has not started a horse since April 3 at Turf Paradise. He was able to run in Arizona after his suspension was announced because the horses had been entered before Diodoro was notified of the violation

Diodoro was provisionally suspended by HIWU on March 29. Though he has been summarily suspended the case must still be reviewed by HIWU's Internal Adjunction Panel. Diodoro also has the option of trying to contest the suspension in court.

Levothyroxine is a thyroid medication. According to the National Library of Medicine the use of thyroid hormones for doping to enhance performance in human sports has long been controversial. There have been claims of abuse of these drugs, but they have not been prohibited by the World Anti-Doping Agency.

The Texas Racing Commission interpreted its state racing rules and concluded that only the racing commission can legally oversee racing in the state and therefore would not allow HISA to come into Texas. Because they are not under HISA's jurisdiction, Lone Star Park and Sam Houston cannot send their simulcast signal out of state.

Diodoro was the leading trainer in 2023 at Oaklawn Park and is currently still in second place in this year's Oaklawn standings. Training since 1995, Diodoro has 3,184 career wins and a winning rate of 21 percent.

A similar scenario is playing out in Louisiana, where trainer Jonathan Wong has begun racing. Wong received a two-year suspension from HIWU after he had a horse test positive for Metformin, a drug that is commonly used by humans to combat type 2 diabetes. Like Texas, Louisiana racing is not under HISA's control. Wong has started eight horses in Louisiana with no winners. He has four horses entered at Evangeline Downs next week and another Saturday night.

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Weaver Trained Horse Tests Positive for Metformin

According to the Horseracing Integrity and Welfare Unit (HIWU) a horse trained by New York-based conditioner George Weaver has tested positive for the banned substance metformin. Weaver has asked for a test on a split sample and will be allowed to continue to train pending the results of that test.

The horse in question is Anna's Wish (Dailed In) and the alleged violation occurred after she was tested following the March 16 Cicada S. at Aqueduct in which she finished third.  Metformin is listed as a banned substance by HIWU, which means Weaver faces a possible suspension of up to two years. The “banned” category is the most serious class of drug offences under Horseracing Integrity and Safety Act (HISA) rules.

Metformin is a drug used to treat diabetes in people. With more than 20 million patients taking it, metformin ranks as the nation's third-most-prescribed human medicine, according to the consumer healthcare website Healthgrades.

Weaver joins Mike Lauer, Jonathan Wong and four other trainers who have had horses test positive for metformin. The metformin positives have been controversial because of the number of people who take it for diabetes, which raises the possibility of environmental contamination.

“This is a clear case of external contamination,” said Weaver's attorney, Drew Mollica. “The facts will show that Mr. Weaver had no hand in this and bears no fault for the alleged violation. We will seek a split sample and once those results are in we believe we will be able to offer clear and convincing evidence that Mr. Weaver bears no fault. At some point, HISA slash HIWU must accept the fact that these universally prescribed medications exist in the environment. The attempt to destroy a man's career predicated on a prevalent substance and in a case where he bears no fault should not only shock the conscience, but it should also shock the entire racing community.”

According to Mollica, Anna's Wish's groom takes metformin.

“The groom who cares for the horse is on the medication,” he said. “This is a clear case of contamination. The consequences that HIWU seeks to impose are career killers with no basis in reality.”

A former assistant to Todd Pletcher, Weaver has been on his own since 2002. According to The Jockey Club's online rulings database, Weaver has had just two prior positives, one for acepromazine and the other for promazine sulfoxide. In both instances, he was not suspended but was fined $300.

For his career, Weaver has had 6,467 starters and has won 983 races. His career earnings are $50,753,128.

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Morfin Meth Case Highlights Backstretch Substance Abuse Problems

Towards the end of December, the Sergio Morfin-trained Grazen mare Wishtheyallcouldbe was loaded onto a van from her stable at Los Alamitos to be shipped to Santa Anita for a $12,500 claimer. She would ultimately finish second.

Isidro Paez was the freelance groom hired to care for the horse that day. In February, Paez had his license suspended for 90 days by the California Horse Racing Board (CHRB) for disorderly conduct “under the influence of Amphetamine and Methamphetamine” on Jan. 27, at Santa Anita.

According to the stewards' minutes of the hearing, Paez voluntarily provided a urine sample that day which resulted in a positive finding for both methamphetamine and amphetamine. In explanation, “Paez stated he snorted methamphetamine while attending a New Year's party on January 1, 2024,” the minutes state.

On March 3, Morfin was issued an interim suspension by the Horse Racing Integrity and Welfare Unit (HIWU) as a result of Wishtheyallcouldbe's positive post-race test for methamphetamine, a banned substance under the Horseracing Integrity and Safety Act (HISA).

Since then, Morfin has remained provisionally suspended while his case is being processed.

According to John Tyre, Morfin's attorney, because of Paez's chronicled history of methamphetamine use, he has reached an agreement with HIWU that on April 6, Morfin's suspension will be lifted after some 30 days. Crucially for this more lenient sanction, Morfin did not pursue a formal hearing, said Tyre.

The length of Morfin's suspension also reflects a recent shift by HIWU in applying lesser sanctions than in the past for violations stemming from common drugs of human abuse like cocaine and methamphetamine, in accordance with proposed rule changes pending approval by the Federal Trade Commission (FTC).

Rather than confront a possible two-year ban and $25,000 fine for a methamphetamine positive, say, trainers will face a maximum 60-day suspension and $5,000 fine under the proposed rules, if they are indeed approved.

In a note on HIWU's website, it states that the organization “has elected to stay all pending Anti-Doping and Medication Control (ADMC) Program cases whose potential periods of Ineligibility would be affected by these rule updates, including due to either the reduction of the applicable periods of Ineligibility or the removal of the automatic application of penalty points for certain violations.”

“[Morfin] will be back to training the first week of April. And then, that'll be the end of it,” said Tyre, who was quick to add that rampant substance abuse problems among backstretch employees–and its overlap with positive tests in racehorses–is an issue that's far from over, despite the proposed lessened sanctions.

“I've been doing criminal defense work for many, many years, and if it wasn't for methamphetamine, alcohol and marriage, I'd be broke,” said Tyre.

As such, the ultimate insurer rule that places the burden of responsibility solely on the trainer's shoulders is leading to decisions that don't always reflect the complicated nature of the problem, Tyre said. “HIWU and HISA need to conduct some kind of investigation to determine how widespread [substance abuse] is around the backside of the racetracks.”

Coady Photography

THE PROBLEM AND POSSIBLE SOLUTIONS

Tyre's suggestion hardly comes as a bolt from the blue.

The long hours, early mornings, sometimes poor pay and living conditions, coupled with the dangerous nature of backstretch work make drink and drugs something of an all-too convenient crutch–especially while blind eyes are turned in an industry where hard-drinking and hard-partying have long been worn as a badge of honor as much as a release from the grind.

Indeed, there's a reason so many exercise riders say they ride better after a drink, why so many shed-row ice machines have bottles of beer nestled in them, and why so many see the antidote to the dreaded four-a.m. alarm clock as an inhalable stimulant. Just look at the numbers.

Since HISA's ADMC program went into effect last year, there have already been 13 either pending or resolved cases for methamphetamine positives, and another two involving cocaine.

Darin Scharer is executive director of the Winners Foundation, a presence at every California track to provide information, support and referral services for backstretch employees and their families going though addiction issues.

Scharer said he was unable to estimate just how many backstretch workers have substance abuse problems. But he doesn't argue with the contention it's significant.

“We're not having the fentanyl problem or the heroin issues that other places have,” said Scharer, about California's backstretches. “But we definitely have a marijuana issue. And we definitely have a methamphetamine issue.”

Indeed, veteran California trainer Hector Palma was suspended for 81 days for a methamphetamine positive, a portion of that time after multiple grooms in his care tested positive for the drug. The positive occurred near the start of the ADMC program going into effect, before the new rules were proposed.

What Scharer bemoans is the lack of any unified approach to providing support to racing's phalanx of essential workers.

“Unfortunately it's only us, Kentucky and New York. That's the only three that I know of,” said Scharer, about the number of jurisdictions armed with substance abuse support programs like the Winners Foundation. “I would love to be involved in a program where we make this more uniform across the country.”

One key obstacle to meaningful movement in this arena is an ongoing cult of shame that surrounds the issue. “There's still a lot of stigma associated with people that have drug problems and mental health problems,” said Scharer. “For people accessing services, it's still a scary thing.”

Another reason appears to be more mercenary.

At a time when the industry grapples with a profound dearth of good, reliable help, there's a fear among some in the industry, said Scharer, that tackling the problem head-on could lead to an even more attenuated workforce. “Sometimes people don't want to know the truth of how bad it really is,” he said.

Though not everyone is as averse to such truth-telling. “I know that Richard Mandella tests everybody in his barn before they go work for him,” said Scharer. “He doesn't want anybody who works with his horses to be working under the influence.”

At the same time, some substance abuse rehabilitation programs offer a tantalizing answer to the industry's staffing woes.

“It could turn the backside upside down,” said Frank Taylor, director of new business development at Taylor Made Farms, about a joint venture he's helped build between Stable Recovery and the Taylor Made School of Horsemanship for men and women suffering substance abuse problems.

The partnership includes two halfway houses and a 12-step program, along with vocational rehab to teach those going through the 90-day course the basics of horsemanship. The idea is to provide them with an avenue towards meaningful employment–in the process, providing a new workforce source for the Thoroughbred industry.

Graduates of this program, said Taylor, have found work at a variety of key farms in the area including Coolmore, Darley and WinStar. “We've got about 10 farms that are currently working with us,” he said.

“If trainers started hiring these people, they would absolutely love it,” Taylor added. “It's just the right thing to do to help these people, give them an opportunity in life. Plus, we're putting them with the most therapeutic animal on earth.”

Taylor estimates upwards of 50 percent of backstretch employees have a potential substance abuse problem. And it's a topic Taylor knows well.

A recovering alcoholic, Taylor quit drinking a few years ago, which is when he visited the DV8 Kitchen, a Kentucky restaurant that provides employment to those in the early stages of substance abuse recovery.

DV8, said Taylor, proved the inspiration for the second chance venture he's built at Taylor Made. What's more, their program works.

“Generally, somebody goes into a 90-day program only about 15% of them stay sober to the end of the 90-days,” said Taylor. “We're running more like 85%. The reason is, they get completely out of their old environment and come out and work immediately.”

While the program is primarily geared towards those with little to no prior horse experience, they've taken on individuals from the racetrack–jockeys, trainers, even farm managers–who act as tutors, said Taylor.

“We'll have them helping the green guys coming in,” said Taylor, who explained how they adapt their program to the skill sets of the individual.

“Folks from the track, they're going to see some guys in there, picking feet and whatnot, and they're going to say, 'do this, do that,'” said Taylor. “The thing about addiction, to get and stay sober, you've got to help another addict.”

Ultimately, Taylor envisages a recovery program with a racetrack backstretch-located dormitory.

“The idea would be to put them through our program, get them sober 90-days, then move them into that dormitory with a house manager and keep the drug testing going,” said Taylor.

“I don't know how it's going to go or how it's going to grow,” Taylor added. “But I know there's a huge need for it. And I know it's a win-win for the industry, for the horses and the horsemen.”

Lisa Lazarus | Carley Storm

HISA'S ROLE?

Substance abuse on the backstretch is on HISA's radar, said the organization's CEO, Lisa Lazarus.

“If we have a significant amount of our population that we depend on to run racing that is struggling with addiction or abusing drugs, I think we have a moral obligation to help those people and to do something for them,” Lazarus said, adding that she's already discussed the need for providing a stronger network of industry treatment programs with those already working on the problem.

For the sake of improving safety and integrity in racing, “it's just not acceptable to say that meth in the workplace is okay. And I think it's everyone's job to fix it,” Lazarus said. “The trainers deserve to have a whole lot of help from racetracks and other organizations to help prevent employees from using meth on the backside. It's not only their responsibility.”

That said, “I would like to encourage more trainers to think to themselves, 'you know what? For $25 more, I don't need the cheaper groom. I could find a groom that I actually know and feel more comfortable with and use them instead,'” Lazarus said.

But given how ubiquitous drug use is on the backstretch, what about those trainers unable to find reliable drug-free help because of the industry's chronic staffing shortage? Or those struggling trainers unable to fork out premium prices?

“I recognize that sometimes it's not achievable,” said Lazarus. “But obviously, the anti-doping system is based on a system of fault. So, when trainers have come forward and have evidence of workers in their stable that are on the drug, they obviously get a much more relaxed penalty because they have an explanation. And that's only fair.”

The “complicated question,” said Lazarus, is how to find the correct balance between “being fair to horsemen and what they can control while also requiring some level of responsibility.”

At the launch of HISA's anti-doping and medication control (ADMC) program, the screening limit for meth was the same as for the Racing Medication and Testing Consortium (RMTC), said Lazarus. “We've ended up quadrupling it,” she added, of the screening limit.

Though many cases have been dismissed as contamination, has HISA's approach been a fair one for the horsemen and women so far?

“It may be that the science shows that in time the screening limit needs to be raised,” said Lazarus.

“The one thing I would say is there is no racing jurisdiction in the world or horse sport in the world that doesn't test for and sanction for meth. And actually, our rules are amongst the most lenient with regards to meth because we do take into consideration the risks on the backside,” Lazarus said, pointing to the recent case of Harness racing trainer Clarence Foulk suspended for one year stemming from a 2023 methamphetamine positive.

When asked if the way Morfin has been treated has been reasonable, his attorney, Tyre, responded that the constraints of the system guided their approach.

“If we were to fight the case forward it would take months,” said Tyre, adding how his client could have remained suspended for that period. “This was the best way to get him back to work,” he said.

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