Over a three day span beginning December 17th, a Federal court in St. Louis will hear legal arguments from the NPS special deputy receiver and from banks that served as NPS trustees at some point during the past 30 some years. Initial legal briefs have been filed, and response briefs will be filed.
NPS/Lincoln
Doug Cassity: A Master at the Slight of Hand
By Bill Stalter on
Posted in NPS/Lincoln, Uncategorized
Our prior blog post discussed the NPS Special Deputy Receiver’s motion for a ruling on two crucial legal issues. Doug Cassity was appalled that the SDR would attempt such an unbelievable slight of hand on the Federal court, and filed his own response. According to Mr. Cassity, the SDR has cited the court to the…
Investment Advisors: How Independent?
By Bill Stalter on
In a motion for rulings of law, the NPS Special Deputy Receiver seeks a judicial determination of two legal issues that could impact preneed trustees subject to the jurisdiction of the Eighth Circuit of Federal Court of Appeals: the beneficiary status of preneed purchasers (and funeral homes) and the required independence of investment advisors. These…
An immaterial witness: Doug Cassity
By Bill Stalter on
Posted in NPS/Lincoln, Uncategorized
Doug doesn’t have much faith in the legion of attorneys retained by the country’s largest banks. Mr. Cassity has filed a writ of habeas corpus ad testificandum that argues only he can effectively cross examine witnesses to NPS’ compliance with the 1994 consent judgment. Mr. Cassity argues that NPS could legally withdraw from trust all…
Consumers Payment Options: Administrative Hurdles and Preneed Trusts
By Bill Stalter on
There are three scenarios for administration of preneed installment payments: the funeral operator collects payments, the trustee collects payments or a third party administrator collects payments. The entity collecting installment payments must be able to apply each payment to the correct preneed account, and provide the other party (or parties) current payment balances. If the…
Taking Liberties with the Law: Where is my due process?
By Bill Stalter on
Posted in NPS/Lincoln, Uncategorized
Better to remain silent and be thought a fool than to speak out and remove all doubt.
Abraham Lincoln
Pleading by pleading, the Cassitys are speaking out against injustice. Brent Cassity followed his father’s lead, and filed a motion to dismiss from the civil lawsuit against NPS’ former management and trustees. The younger Cassity made…
The Cassity Reply to Dismissal: Not Without a Pass for My Son
By Bill Stalter on
Posted in NPS/Lincoln, Uncategorized
Doug Cassity has filed a motion to modify the order dismissing him from the SDR’s civil lawsuit. Mr. Cassity asserts that he and his family should be freed of the reign of terror and wrongdoing of the Texas regulators and their attorneys. Seeking a dismissal with prejudice, Mr. Cassity seeks to have the SDR’s claims…
Plaintiff’s Star Witness: Doug Cassity
By Bill Stalter on
The NPS civil trial is scheduled for trial in February 2015, and the SDR’s strategy took a twist when her litigation team filed a motion to dismiss Doug Cassity as a defendant in the lawsuit. The dismissal probably signals the SDR’s intent to use Mr. Cassity’s testimony. Now convinced that Mr. Cassity does not have…
A Recovery Plan for NPS Victims: A Prison Reality Show
By Bill Stalter on
Posted in NPS/Lincoln, Preneed
Now that Doug and the gang have been processed into the Federal prison system, the Special Deputy Receiver should consider negotiating a deal with the National Geographic Channel about dedicating a season of Lockdown to the NPS preneed gang. Instead of that boring medical facility in Louisville, Doug and Brent have been assigned to two…
The Cassity Sentencing: What’s a few hundred million?
By Bill Stalter on
Posted in NPS/Lincoln, Preneed
The St. Louis Post Dispatch reports that the sentencing hearing for Doug Cassity will be held today. Originally scheduled for November 7th, the hearing was postponed when additional pleadings were filed with the Federal court. Mr. Cassity continues to dispute the extent of the damages caused by his actions. As we noted in a prior…