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Preneed: A Pandora's Box of Problems

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Plaintiff’s Star Witness: Doug Cassity

By Bill Stalter on July 27, 2014
Posted in Insurance Funded, NPS/Lincoln, Preneed Tax, Trust Funded, Uncategorized

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 January 18, 2014
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 November 14, 2013
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…

The Cassity Plea Agreement: More Extenuating Circumstances

By Bill Stalter on September 22, 2013
Posted in NPS/Lincoln

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

By Bill Stalter on September 19, 2013
Posted in NPS/Lincoln

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?

By Bill Stalter on August 3, 2013
Posted in Fiduciary, Investments, Master Trusts, NPS/Lincoln, Preneed

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

By Bill Stalter on July 12, 2013
Posted in NPS/Lincoln

 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?

By Bill Stalter on July 7, 2013
Posted in NPS/Lincoln, Preneed

 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

By Bill Stalter on November 23, 2010
Posted in Missouri - SB1, NPS/Lincoln

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

By Bill Stalter on August 10, 2009
Posted in NPS/Lincoln

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…

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William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles…

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Topics

  • Associations
  • Cemeteries
    • Care Funds
      • Cemetery Master Trusts
      • Unitrust
    • Preneed Development
      • Price Protection
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  • Churches/Ritual
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    • Administration
    • Exams/audits
    • Investments
    • Recordkeeping
    • Reporting
    • Taxes
  • Consumer Advocates
  • Cremation
  • Fiduciary
  • Funeral
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    • Preneed Development
      • Price Protection
    • Preneed Shortfalls
    • Total Return Trust
  • IFDA
  • Legislation
  • Master Trusts
  • Missouri – SB1
  • NPS/Lincoln
  • Preneed
    • Guaranteed
    • Insurance Funded
    • Non-guaranteed
    • Trust Funded
  • Preneed Development
  • Preneed Tax
  • Preplanning
  • Reform
  • Supulcher/Preference Laws
  • Transition Documents
    • Final Expense Trust
    • Power of Attorney
    • Prepaid Funeral Contract
    • Right of Sepulcher
  • Uncategorized

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  • The Plight of Cemetery Care Funds: Is the Fiduciary to Blame?
  • The Plight of Cemetery Care Funds: Who’s to Blame?
  • Cemeteries and the Rosebrough Monument Rules: Reviving an old Restraint of Trade Trick
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Stalter Legal Services, LLC
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Prairie Village, KS 66207
Phone: 913.378.9920
Preneed Resource Company
5350 W. 94th Terrace, Suite 202
Prairie Village, KS 66207
Phone: 913.378.9922
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