Racehorse trainer fights arbitrary agency adjudication and punishment for speculative doping allegations

Washington, DC; December 23, 2025: A Florida-based horseracing trainer filed his opening brief in his appeal to the Federal Trade Commission challenging the unconstitutional process that resulted in a two-year suspension and $25,000 fine. Philip Serpe also wants to clear his good name, earned over a long and distinguished career, and to fight for other trainers suffering under an unfair enforcement regime. The regime was created by Congress, which delegated government powers to private entities, and those entities are authorized to enforce federal law without going to court. Instead, the entities impose arduous, arbitrary processes on trainers like Mr. Serpe, who are stripped of their Seventh Amendment right to a trial by jury.

“The enforcement process for thoroughbred racing rules is an affront to the Constitution,” Josh Robbins, attorney at Pacific Legal Foundation, said. “Instead of being able to raise a defense before an independent judge and jury, a private industry group is empowered to decide your guilt and impose crushing, potentially career-ending penalties. Worse still, your only recourse is to federal regulators at the FTC. The Seventh Amendment protects the right of all Americans to receive a jury trial in civil lawsuits, including this case.”

Philip Serpe was first introduced to horses when he was a young boy, and he has committed his life and career to training horses for top-tier races. However, in August of 2024, Serpe was charged with running a racehorse, Fast Kimmie, that tested positive for trace amounts of clenbuterol. The source of the drug was never determined, and the estimated quantity detected—27 trillionths of a gram—did not impact the horse’s performance. Nonetheless, the Horseracing Integrity and Safety Authority dragged Mr. Serpe through an unconstitutional process and “found” him guilty.

With the help of Pacific Legal Foundation, Philip Serpe is appealing that decision to the FTC and challenging the constitutionality of the entire process in the U.S. District Court for the Southern District of Florida to vindicate his rights and ensure that other trainers will not be pulled into this unconstitutional enforcement process.

The case is Philip Serpe v. Federal Trade Commission.