COVINGTON, Ky. (AP) – Two part owners of last year’s Preakness winner went on trial Tuesday on charges they defrauded clients out of millions in a case being watched closely by the thoroughbred industry because the men could lose their share of the horse.

Shirley Cunningham Jr., 52, and William Gallion, 56, are accused of keeping money that prosecutors say should have gone to plaintiffs in a $200 million settlement from the maker of the diet drug fen-phen.

While the horse’s ownership isn’t a direct issue in the criminal case, it’s the reason it has gotten attention. The two attorneys have a 20-percent ownership share of Curlin, a prized colt who was named 2007’s Horse of the Year after showing, winning and placing in last year’s Triple Crown events.

A judge has ordered that Cunningham and Gallion’s $3.5 million ownership share and winnings go into a trust for eventual payment to the more than 400 plaintiffs who won a $43 million settlement in a civil lawsuit against the attorneys.

“That money will go a long way to righting a terrible wrong,” said plaintiff W.L. Carter of Lawrenceburg. “He’s a great horse, a beautiful horse, and I wish him all the luck in the world.”

The horse has been ruled out as an issue in the criminal trial against Cunningham, Gallion and Melbourne Mills Jr. – a third co-defendant who didn’t have a stake in Curlin.