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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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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Horsemen’s Rep Says Vitali Meth Positive is Environmental Contamination

In his fight to get out of as one-year suspension after a horse of his tested positive for methamphetamine, controversial trainer Marcus Vitali will have at least one person in his corner. Todd Mostoller, the executive director of the Pennsylvania Horsemen's Benevolent and Protective Association, which represents horsemen at Penn National and Presque Isle Downs, said that the methamphetamine positive was a result of environmental contamination and that Vital should not have been suspended

“This is somebody who did absolutely nothing wrong,” Mostoller said.

On Friday, the Pennsylvania Racing Commission published its ruling in which Vitali was suspended for one year and fined $10,000 after the horse Single Lady (Shanghai Bobby) tested positive for d-methamphetamine after winning a Aug. 21 maiden special weight race at Presque Isle Downs. Vitali has appealed the suspension.

Mostoller believes the filly came into contact with someone who had been using the drug, and that's how it got into her system.

“The bottom line is that this is environmental contamination,” he said. “There have been a number of methamphetamine positives in Pennsylvania. They've all been at the extremely small picogram level. No one gave methamphetamine to a horse. It's in the environment around us. It's a problem. And our industry has yet to really deal with the problem.”

Mostoller said there have been “three or four” other methamphetamine positives between Presque Isle Downs and Penn National in recent months and that in all other cases the stewards found there were extenuating circumstances and the trainers were not held responsible. The TDN was not able to confirm Mostoller's contention.

In 2017, a Peter Miller-trained horse tested positive for methamphetamine after running in the Pennsylvania Governor's Cup at Penn National. The Pennsylvania Racing Commission ruled that there were “mitigating circumstances” and fined Miller $1,500 but did not suspend him.

In 2016, five horses at Lone Star Park tested positive for meth. The Texas Racing Commission concluded that the horses were contaminated by their handlers and, while the horses were disqualified, the trainers were not penalized

Mostoller hinted that Vitali, who has been in and put of trouble for years, might be treated differently than others.

“This is absurd. It goes beyond common sense,” he said. “Unfortunately for Vitali, he is a hot-button name.”

But Mostoller went on to explain that in the other recent meth cases, it was confirmed that someone handling the horses had used meth. That has not happened with Single Lady.

“In this case, nobody tried to find the source,” he said. “No employees were tested. So, you're certainly not going to find the source of environmental contamination if you don't look for it. This is under appeal and we'll see where it goes from there.”

Single Lady is owned by Carolyn Vogel, 80, who races under the name of Cross Sabres Farm. Prior to Vitali filing for an appeal, Single Lady was placed on the stewards' list for 90 days.  Vogel has been one of Vitali's most loyal owners and has stuck by him despite the trainer's history. She said she has seven horses with him and when asked if she intended to keep them with Vitali she responded, “I will stick by him until further notice.”

When asked what she likes about Vitali, she responded: “He is very good with legs and he is very hands on. He doesn't have too many horses and he is not real expensive. He makes it more affordable and fun.”

Is she concerned about his reputation?

“I don't think he is a cheater,” she said. “He might push the envelope, but he doesn't cheat.”

Vitali is currently racing at Turf Paradise and, due to the appeal, has remained eligible to race there. He has horses entered there on Tuesday and Friday. Both are owned by Vogel.

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