Schoenthal suspension reduced to 15 days by HIWU

Maryland-based trainer Phil Schoenthal has had his provisional suspension for two methamphetamine positives in his horses reduced from 60 days to 15 days after working with officials from the Horseracing Integrity and Welfare Unit on measures designed to reduce the risk of contamination, Schoenthal said.

The suspension was reduced after Schoenthal presented HIWU with documentation of a manual he had produced in February that outlined practices in his barn for his employees. Schoenthal said that he discussed the practices with his employees in mid-February, prior to receiving notification that the two horses had tested positive for methamphetamines, a banned drug under HIWU’s rules.

Schoenthal also said that he stressed to HIWU officials that he accepted some of the blame for the positives, which he said were due to contamination, possibly from two employees who tested positive for methamphetamines after the horse positives were announced.

“I wasn’t telling [HIWU] that I deserved to be exonerated for this,” Schoenthal said. “I made it clear that there’s some form of responsibility on my end, that this warrants some punishment to me. This is an absolute-insurer business, and we all know that going in.”

HIWU is currently issuing 60-day provisional suspensions to trainers with methamphetamine positives because the Horseracing Integrity and Safety Authority, which determines the rules enforced by HIWU, has submitted rules to the Federal Trade Commission seeking to create a category for “substances of human abuse” that would allow for lighter penalties than the recommended two-year suspension for a banned substance. The FTC is expected to approve the rules later this year.

Under the new rules, the 60-day suspension is the maximum, though that penalty can be reduced if “evidence of source” is provided.

Schoenthal said that his case will come up again before HIWU if and when the FTC approves the new rules.

“It’s my understanding that at that time we will have the hearing and the case will be dismissed,” Schoenthal said.

Under the terms of the suspension, Schoenthal, who is based at Fair Hill training center, is not allowed to work, enter, or start any horses. Schoenthal said that any horses who were in need of workouts or who were being pointed to races were transferred to other trainers. The others remain in his barn.

Schoenthal said that it was coincidental that he had prepared the employee manual between the time the two horses ran and he received reports from HIWU that they had tested positive for methamphetamines. He said that he regularly reads the reports issued by HIWU arbitrators on drug violations, and that he determined that he needed to put measures in place after reading the report detailing a two-year suspension handed out to Jonathan Wong for a positive for metformin. That report was issued on Feb. 12.

The manual stressed to his employees that they must wash their hands before handling horses; that drug use would not be tolerated; that employees must not take prescription medications at work unless absolutely necessary, and must wash their hands after doing so, Schoenthal said. He also installed security cameras in his barn at Fair Hills at his own expense, Schoenthal said.

Schoenthal initially used HIWU’s ombudsman, the attorney Alan Foreman, to consult on the adjudication process. After first receiving the 60-day provisional suspension, he reached out personally to HIWU officials to discuss the case.

“I was under the false impression that HIWU didn’t want to talk to responsible parties,” he said. “It wasn’t until late in the process that I reached out to them personally, and they were more than happy to talk with me. And I think most trainers are not yet aware that these are the things that we are expected to be doing and should be doing.”

:: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.