Death Care Compliance Law

Death Care Compliance Law

Preneed: A Pandora's Box of Problems

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

Tag Archives: trial

NPS Trustees: Standard of Care for Preneed Administration

Posted in Administration, Compliance, Missouri - SB1, NPS/Lincoln, Recordkeeping
Final arguments were heard in the NPS civil trial this past Friday.  With the SDR having presented evidence through the prior Friday, the defendant trustees presented their case in less than a week.  This may reflect that the NPS trustees had viewed their duties as having been defined by Chapter 436 as relatively low.  As… Continue Reading

NPS Trustees: Pre-acceptance Due Diligence

Posted in Compliance, Fiduciary, Missouri - SB1, NPS/Lincoln
The Office of the Comptroller of the Currency (the OCC) supervises the fiduciary activities of national chartered banks, and in February, updated the guidelines used by its examiners.  The “Personal Fiduciary Activities” booklet includes a section on pre-acceptance due diligence that fiduciaries should conduct before agreeing to serve as trustee for an account.  Page 7… Continue Reading

Testimony Guidelines for the NPS Experts

Posted in NPS/Lincoln
In August, litigants to the NPS civil trial were required to file expert opinion reports with the court.  Initially, there were essentially 8 defendant banks, and most had retained one or more experts to testify at trial.  As a consequence, a plethora of expert reports were filed with the court.  Many of the experts offered… Continue Reading

A Legacy of Disgrace: the NPS Management Team

Posted in NPS/Lincoln, Uncategorized
Randall K. Sutton, former President and CEO of National Prearranged Services, died in prison on December 8th.    Accordingly to pleadings filed in the NPS criminal and civil lawsuits, Mr. Sutton played a central role in the company’s operations.  Another pivotal player in the Cassity schemes, Howard Wittner, was recently released from Federal prison so that… Continue Reading

The NPS Criminal Trial: Vicarious Liability?

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… Continue Reading

Coming This August: The Nuremberg Trial

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… Continue Reading

The Cassity Plea: A new shell game?

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… Continue Reading

Under New Management!

Posted in Cemeteries
Kansas regulators want to be able to put a new sign in front of a troubled Hutchison cemetery: Under New Management! And, it would please the state of Kansas and the city of Hutchison if that new management team does not include them. State and local officials appreciate that the grave lot owners, and the… Continue Reading