Death Care Law Blog : Kansas Death Care and Preneed Lawyer & Attorney : Stalter Legal Services Law Firm : Funeral Law, Elder Law : Kansas City

Families and funeral homes harmed by NPS will hope that company’s owners and officers have to face a judge like the Honorable Richard Rome.

The Hutchinson News reported that District Judge Richard Rome rejected a plea bargain for probation, and sentenced Fairlawn Burial Park’s owner to almost 5 years in prison. A Kansas Secretary of State audit of Fairlawn’s permanent maintenance trust and preneed merchandise trust found several hundreds of thousands of dollars missing. The owner’s attorney suggested the funds were used to keep the cemetery operating.

While prosecutors negotiated a deal to replenish the trusts, the judge disregarded the plea bargain and sentenced Ms. McDonough to prison. The message to operators is that if the cemetery needs funds for operations, don’t borrow them from the trusts.
 

• Email This
• Print
• Comments
• Trackbacks

Here is a twist on the “Another theft from a death care trust”: this one does not involve a cemetery operator or a funeral director. Last week, an Indiana grand jury indicted a banker, an investment advisor and an attorney. What may sound like the beginning of a joke that most funeral directors and cemeterians can relate to, this story actually involves a trio of fiduciaries who worked with both Clayton Smart and Robert Nelms.  

Prior industry reporting helps connect the dots between David Becher, Mark Singer and Sherry Katz-Crank.  Ms. Katz-Crank is the co-founder and general counsel for Security Financial Management Company, a Michigan firm. Mr. Becher was an officer with Community Trust & Investment, an institution based in Noblesville, Indiana. Mr. Singer worked for Smith Barney in Philadelphia. 

• Email This
• Print
• Comments
• Trackbacks