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
cassity
A Recovery Plan for NPS Victims: A Prison Reality Show
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?
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…
The Cassity Plea Agreement: More Extenuating Circumstances
The Cassity shell game may have came to an end this past week when aFederal judge ordered the seizure of NPS computers and 260 bankers boxes of records. Taking a page from a Six Feet Under script, NPS officers sought to conceal their misdeeds by hiding records and computers in crypts located at…
The Cassity Plea Agreement: Extenuating Circumstances
I have only scanned Doug Cassity’s plea agreement once, but two issues jumped out from that document. The plea agreement is based on the US Sentencing Guidelines, and Page 28 of agreement explains that the Government and the defendant did not agree as to whether guidelines relating to economic losses should be applicable …
The NPS Criminal Trial: Vicarious Liability?
David Wulf may stand alone in the crosshairs of the criminal prosecutors, but his fate will impact the NPS preneed trustees (and possibly other registered investment advisors who manage death care funds).
Mr. Wulf had a situation that is unique from what existed in Illinois, Wisconsin, and Tennessee, but is familiar to other death care…
Coming This August: The Nuremberg Trial
Once again, I have spoken too quickly.
After lamenting to the Memorial Business Journal that the NPS plea bargains will deprive consumers and the industry the opportunity to hear how Doug and his crew perpetrated so many frauds, the sole remaining NPS defendant may grant my wish. As the Funeral Service Insider reports that Herr…
The Cassity Plea: A new shell game?
This was not the ending that most expected. After decades of playing shell games with regulators and funeral homes, Doug Cassity accepted a plea bargain rather than go to trial. Brent Cassity also accepted a plea bargain, and the St. Louis Post Dispatch reports that attorneys for one of the remaining defendants were scurrying to…
The thorn that will not go away: NPS and Missouri’s Governor
Yesterday, the St. Louis Post Dispatch reported on the federal indictments handed down against six NPS officials. The article includes two statements that hint at the legal strategies to be employed by NPS and federal prosecutors.
"We have anticipated this (indictment) for a number of years, and he is looking forward to finally confronting these…
The Zeal for Independence: The NPS investment advisor
The wait for Ms. Garrett’s lawsuit against NPS, the Cassity family (and anyone remotely connected with the Cassity Consortium) ended on August 7th.
If half of the allegations made in the NPS Complaint are true, the misconduct perpetrated on funeral homes and consumers is shocking to say the least. The Complaint provides a bevy of…