Predators in the funeral Industry:Cemetery Lawsuit-YourFuneralGuy

A Georgia Cemetery Owner was called a Predator by a Judge recently.

Revealed now  is a recent illustration predators in the funeral business. An Owner a group of cemeteries stopped all competitor vaults(concrete and other) from being sold at his cemeteries. He then raised the prices on his own inexpensive vault.

If you expect to come in under the average cost of a funeral you need to avoid predators in the funeral business or industry.

This is an example of predators in the industry. The cemetery owner in this case was taking advantage of his customers and his competition a lawsuit was filed  which brought on a court order.

This was brought in to the light by a news article in Augusta Georgia.

From chronicle.augusta.com

ARTICLE TITLED:

“Judge blocks cemetery owner’s plan to ban concrete vaults”

“In essence, Mr. Nikola is a business predator and has acted in bad faith,” Brannen ruled in an order filed May 19. “He bought cemeteries in an effort to make a profit to the detriment of those he claims to serve.”

If you are a funeral professional do not be a predator. If you are a consumer do your best not to do business with funeral predators.

Funeral Industry Funeral Blog by Your Funeral Guy, Funeral Director, Illinois, Virginia.

Funeral Director Leaves Body in Basement, 12 years-YourFuneralGuy

Corpse was left in a casket in the basement of Indiana Funeral Home for 12 years istockphoto rf license

A Funeral Director has left a corpse in the basement of a Funeral home for 12 years.  This is flat out disrespect for the dead and humanity. The reason is the funeral director gave for doing the  heinous deed is that he did not get paid.

The life of a human being  dead or alive is more important than money. The highest cost at a funeral is the death of the person involved. There is no excuse for treating a body in this manner. The deceased was left in a casket.

This all went down in Indiana.  Check out the Snippet and click on for more information.

From: news-tribune.net

“On Sept. 2, 1997, 96-year-old Irene Jackson died in Indianapolis, according to coroner records. The woman had family in Southern Indiana, so she was taken to Baity’s Funeral Home at 911 State St. in New Albany. However, her body was not buried until last week.“

Funeral Industry| Funeral Blog by Your Funeral Guy

Unemployment High:Will Scatter Ashes for Money.-YourFuneralGuy

With unemployment high folks are taking to scattering ashes for money. Now all kinds of folks are doing this.

All Kinds of Folks are entering the Ashes Scattering Biz Ashes are scattered after the cremation process is complete.

Entering  Funeral Scattering  biz around the country are Funeral Directors and others. Crematories, Funeral homes,  boat owners, small plane operators and naturalists are all participating. It is all happening by air, land and sea.

“From the Bend Bulliten“

Rusty Wilkerson, the owner of Wing and a Prayer, uses his 1947 Stinson to scatter ashes over a place that held significance to the deceased.

“There are a lot of people that want the service, but they’re still alive. That poses a problem.”

It does if you have a business scattering people’s cremated remains from an airplane, says Randal “Rusty” Wilkerson, a 46-year-old pilot living in Bend.

When I practiced as a funeral director in Virginia, directors on their days off would scatter ashes by air, and sea for money.

Consider Scattering Ashes when doing a funeral arrangement. Instead of hiring someone it just may be scatter the ashes of your loved one yourself. It will save you money.

Funeral Industry| Funeral Blog by your Funeral Guy- R Brian Burkhardt, author

Comment on Government Verses Association in Il. Funeral Mess|Your Funeral Guy.

Your Funeral Guy held off in posting this in hopes of trust and honesty in an e- mail from the IFDA.

Again I am letting MarcellusM710 write here on the Illinois Funeral Directors Association Ponzi Scheme. I delayed posting this.  I  waited to receive an e-mail from the IFDA on this. A last minute hope for Trust and honesty from those folks. No Surprise, no trust, no honesty.

This writer is right on 2 Things.

1.) Merrill Lynch, Bank of America and the US Treasury could have bailed out this mess.

2). “I believe that Merrill Lynch has plans to drive the entire trust into the ground to the point it has no value”(psst.. this is an old Merrill Lynch Trick to get rid of distressed assets.)

“Dear Funeral Guy and Funeral Service Colleagues,

It has been a while since I’ve commented on the subject matter at hand. I had to have time to “Cool The Engines” (Classic Rock music by Boston). It has taken so much personal self control not to absolutely blow a head gasket over the short-sightedness of our regulators, namely Michael T. McRaith, Acting Secretary of the IL Dept. of Financial and Professional Regulation, and Director of the Division of Insurance (per IDFPR website), and our illustrious Comptroller, Daniel Hynes. These gents seem to believe that having Merrill Lynch settle their debt for $18 million on a $59 million write down is good business, and good enough for the folks who hold contracts. And we wonder why the State of Illinois has nearly a $12 Billion deficit????

Mr. McRaith in his May 20th press release titled “Illinois Division of Insurance acts to protect 47,000 IFDA Illinois consumers, reaches $18 million resolution with Merrill Lynch Life Agency”
said and I quote “This stipulation and Consent order ensures that the well-publicized IFDA challenges do not hurt the more than 47,000 Illinois families who prepaid for funerals.” “In addition, this resolution supports hundreds of funeral directors who face financial burdens like many other small businesses.”

Mr. McRaith, you know nothing about small business because you’ve never owned/operated a small business. Your a bleep bureaucrat that doesn’t understand the fallout / repercussions your actions will produce if not stopped by the Federal Court and ordered to pursue further recoupment of assets.

The press release makes it sound like all account / contract holders are being redeemed. Not so fast. If one does the math you will observe that 18 million divided by 47 thousand equals $382.98 per account. A hell of a payback for accounts written down by hundreds to thousands more that that. By the way, current math indicates that all accounts in the tax-exempt trust face a write-down of 41.7%. When will MLTC be forced to move the monies away from mark to market accounting principles? I believe Merrill lynch has plans to drive the entire trust into the ground to the point it has no value, as payback.

Now the real kick in the shorts, ONLY THE NON GUARANTEED CONTRACTS ARE COVERED BY THE $18 MILLION SETTLEMENT!!!! Why Mr. McRaith are you not holding Merrill Lynch liable / responsible for ALL the accounts irregardless if the contract states Guaranteed or Non-Guaranteed since ALL the accounts suffered the same write-down???
As the man with the POWER on the regulatory side of the equation, I believe you have “SOLD OUT” the People of Illinois and the businesses that the People entrusted their monies to who were in turn duped by members of their state association and Merrill Lynch, and exposed to further damage by the Comptroller when he FAILED to listen to his field auditors in 2002 when there was a $10 million deficit discovered. The Trust should have been shut down then.

"Where Oh God is the Justice in all this?"

I predict that the only people who will do jail time ever on this whole ordeal will be the funeral director whose business folds/fails/etc. and cannot deliver on a contract because of a multitude of accounts coming due and not enough in the accounts to cover merchandise and cash advances at cost. Marshall Hynes and his sidekick Deputy McRaith will be there to make an example out someone before this is all over. Meanwhile, those in the know that were on the IFDA Boards, both regular and executive,walk free along with Mr. Schainker, who only gets a $100,000.00 fine (MAXIMUM ALLOWED UNDER STATE STATUES, HAHAHA, ON MILLIONS MADE IN COMMISSIONS). Where oh GOD is the justice in all of this???

By the way FuneralGuy, IF we sign our release to the Comptroller’s Office to accept the “Settlement” we also give up the right to seek further damages in court from any Merrill Lynch entity, including Schainker, the State of Illinois, ie the Comptroller. and so forth. If I sound ungrateful for the $18 million, I am. It is pennies on the dollar for what could have been far better settlement.

Remember my equation a few articles ago about my version of a settlement?
Merrill Lynch + Bank of America divided by TARP Funds = possible recoupment of $59 million + dollars.
It isn’t going to come to fruit, but it was a good thought.

A Chicago Style Back room meeting in Springfield with regulators will not solve this problem-YourFuneralGuy

There has been a meeting called in Springfield, IL on Thursday, June 4, 2009 at the IDFPR Bldg. at 11:00a.m. One must RSVP via FAX at 217-524-9033. Hopefully ones rights to free speech will be allowed at this gathering. I understand Mr. McRaith runs these with narrow latitude and intolerance for opposing viewpoints.

I would like to know if Mr. McRaith is a Ryan or Blago appointee?

Chao for now,
MarsellusM710″

MarcellusM710 are his comments and not those of Your Funeral Guy.

Funeral Industry| Funeral Blog by Your Guy.

The consumer may be asking:

Why is all this here? Here is why

State of Illinois Picture  and Quote under the creative commons license and quote from

Mike Licht, NotionsCapital.com ’s photostream

Illinois Funeral Scam- Government vs Association-YourFuneralGuy.

In Illinois Funeral Scam it has come down to the Government verses the Association.

In the Illinois Funeral Directors  Association Scandal it has come down to the  State Government verses the Illinois Funeral Directors Association. This does not place the odds in favor of the  Funeral Directors Association. The Association does look like the bad guy for misappropiating, misusing, stealing, between 59 Million and 100 million dollars.

The Comptroller of the State of Illinois, Dan Hynes has demanded a plan for the IFDA  Services to pay back  almost 10 million  dollars by June 26th 2009 to the IFDA Preneed Trust Fund-(another Obama playbook move: come up with a plan fast). The funds must Come from IFDA Services Inc.

According to the Executive Director the Illinois Funeral Directors Association, Duane Marsh if the comptroller demand stands IFDA Services, Inc will then go bankrupt. From his E- Mail to members last Wednesday:

“We have begun consultations with the Comptroller’s Office concerning their charge that IFDA Services, Inc. took excessive fees. In their judgment, IFDA Services, Inc. was limited to fees described in the Funeral or Burial Funds Act. However, throughout the many years the fund has been in existence, we practiced as a corporate fiduciary and stated in an Auditor’s Review that our fees were based on a different definition of earnings. Since there is no definition of earnings in the law, it still remains to be seen if their request has merit. Obviously, the amount they are seeking could drive IFDA Services, Inc. into bankruptcy.”

Sad to say it but the Illinois Comptroller will most likely have his way: Being setup legally as a corporate fiduciary and thinking you are operating as one are too different matters all together.

So the question then becomes can the Illinois  Funeral Directors Association  exist without IFDA Services, Inc?

The Reason I am reporting this scandal to Consumers is here.

Funeral Industry|Funeral Blog by Your Funeral Guy

It’s Bad, its Sad |Illinois Funeral Directors Assoc.will be gone-yourfuneralguy

In one year the Illinois Funeral Directors Association will be gone

It s Bad and Sad for the Illinois Funeral Directors Association They are hanging on to the past when they should be looking to the future. The Grim Reaper is staring down face of the Illinois Funeral Directors Association.

First, the Illinois Funeral Directors association  is not willing to change. They have chosen a poor and good old boys lineup of speakers for their Convention.

Randall L Earl-The Embattled NFDA Executive Secretary- has brought the Organization down, he has been Named in 4 lawsuits. There is evidence that this former IFDA President started the decline of the IFDA Preneed Trust. He may have fraudulently setup the Museum of Funeral Customs. If there is to be a new IFDA he should be let nowhere near the Convention center let alone the podium.

IFDA, NFDA Leaders and Merrill Lynch contributed to the Demise

Jeffrey L. Byran-According to the convention brochure: Jeff  works with the Merrill Lynch guys. Why have someone speak who is in with the folks taking your organization down?

James D. Bosma- The current IFDA President is also named in 4 Lawsuits. He said in the 2009  “IFDA Yearbook”  Common sense and plain dealing…..I believe that the mistakes of the past. were honest mistakes” Honest mistakes do not result in 4 lawsuits multigovernmental investigations, and months of negative press. (Source: the convention Brochure and the Yearbook)

The Comptroller and other State of Illinois regulators have driven nails in to the IFDA coffin.

Second, they are facing an almost  10 million dollar payment demand from The Comptroller of the State of Illinois.

Check  this out in the State Journal Article: Hynes demands $10M from funeral directors

Third the COMPTROLLER of the STATE of Illinois has taken over the administration of an 18 million dollar semicriminal settletment with Merrill Lynch.  The Funds belong to the IFDA Preneed Trust,the citizens of the state and the funeral homes who sold the policies. This infuriates funeral directors in the State.

Read: “Merrill Lynch agrees to settle funeral fund case for $18M

For these reasons and others the Illinois Funeral Directors Association  will soon check out for good. The IFDA will be gone. They will layoff everyone.

“My prediction is that the Illinois Funeral directors association  will be out of business by this time next year.”-yourfuneralguy

The lesson here for Consumers in Illinois is to avoid IFDA Preneed, for funeral directors start over, elect good leaders.

There will be no new Funeral Directors Association in Illinois this year, 2009.

Funeral Industry|Funeral Blog by Your Funeral Guy

National Funeral Directors Association Exec.named in 4th Lawsuit-yourfuneralguy

The National Funeral Directors Association is giving up it's integrity for one guy.

The National Funeral Directors Association  Executive Secretary, has been named in a  fourth lawsuit  for Fraud. Randal L Earl of Britlinger and Earl Funeral Homes in Decatur, Illinois is on the  executive board of the National Funeral Directors Association (NFDA).

One individual may eliminate the integrity of the professional organization for Funeral Directors in America. How can the Board of Directors of the NFDA stand for it? How can the CEO of  the National Funeral Directors

allow this?  Certainly Christine Pepper the CEO should be concerned. For one man she is risking the organization? Why risk the same fate as the Illinois Funeral Directors Association

Here is the Link to the latest lawsuit submission.

Here are the names of the defendants listed in the Court Document:

“I.F.D.A. Services, Inc., Illinois Funeral Director’s Association, Linda Allan, James D. Bosma, Kevin Burke, Charles S. Childs, Jr., Mark K. Cullen, Brent M. Davis, Dennis R. Davison, Steven Dawson, Vickie Diedrich, Paul G. Dixon,

Randall L. Earl, Michelle Harrison, Donald Henderson, Geoffrey W. Hurd, Derek S. Johnson, Robert Konzelmann,Jack R. Kynion, David M. McReynolds, Robert W. Ninker, Michael Sayles, Edward Schainker, King Sutton, Eric R. Trimble, Chris Wooldridge, Richard D. Yurs, Merrill Lynch Pierce Fenner & Smith, Inc., U.S. Bancorp and Sikich LLP”

If you hug a Funeral Director make sure he/she is not named in a lawsuit

Take it as you will, Randall L Earl, should resign in the interest of  all the Funeral Directors in the Land.

Funeral Industry|Funeral Blog by Your Funeral Guy.

You Can view the State Journal Register Take on this lawsuit here.

randall l earl
christine pepper

Have you hugged your funeral director today picture from flickr under the creative commons license from

G. J. Charlet III’s photostream

Cemeteries being used for weddings-yourfuneralguy.

Weddings may be taking place in cemeteries and funeral homes in the near future.

Now you can do more than lower the cost of your funeral at a cemetery. You can lower your the cost of your wedding as well.  Cemeteries and funeral homes have been reported to be  an  alternative spot for weddings.

In a Milwaukee  Sentinel l Journal Article a  Stewart Enterprises  Employee said:

“Funerals are becoming much more a celebration of life than a dark event, so why not have your wedding at a funeral home?” said Denise Westerfield, spokeswoman for Stewart Enterprises Inc., which operates Wisconsin Memorial Park and about 360 funeral homes and cemeteries across the nation.

Brookfield city officials say there is nothing stopping the park from holding weddings and baptisms in its original Great Memorial Building, the mausoleum with a church-like Chapel of the Chimes where the Jessweins wed.”

Stewart Enterprises, Inc (STEI) and Service Corporation International(NYSE: SCI) may do well to enter this market. There cemetery sales are in a deep black hole since the economic downturn began.

If these guys enter this market they soon would be able to offer Americans affordable funerals. Funeral Corporations  small and large being stuck  in  an unrealistic traditional funeral model may not be able to make this change.

Funeral Industry| Funeral Blog by Your Funeral Guy.

Illinois Funeral Lawsuit to be Amended-YourFuneralGuy

Illinois Funeral Directors lawsuit to be amended.

The Six Funeral Director’s Lawsuit Calvert Funeral homes  “COMPLAINT” is expected to be amended on May 30th 2009. There is suppose to be to have a Status hearing on July 7th 2009.

On those those dates we will find out more on the depositions in the lawsuits, the effect of the settlement with Merrill Lynch and Regulators, and legislative proposals and the lawsuit.

The significance of all this in 2009 is that there will not be a resolution to the IFDA ponzi Scheme Scandal Soon. Sadly there will be no “NEW IFDA” in 2009 as some claim is about to happen on July 1st 2009.

The National Funeral Directors Association continues to  so stand behind the controversial  Executive Secretary Randall L Earl who is deeply involved in this Scandal.

Losses in the IFDA Trust  will continue to  have funeral costs rise in Illinois due to this deficit.

Funeral Industry| Funeral Cost Blog by Your Funeral Guy.

Source:

Wexler Wallace Website for

“Wexler Wallace filed Plaintiffs’ Derivative Complaint on January 28, 2009.  The case is set to have a status hearing on July 7, 2009.  An Amended Complaint will be filed by May 30, 2009″

Can Funeral Directors pay off the 10 million IL Fine?-yourfuneralguy

Will the IFDA be able to pay off the 10 million Dollar Comptroller claim? Will these Funeral guys fail ?

The Illinois Funeral Directors Association probably will not be able the meet  1o million(9.7 million)Comptroller claim, or fine.This could mean that the Comptroller in the State of Illinois may be forced into managing lot of little trusts. The IFDA may fail.

Merrill Lynch 18 Million Fine will not be available to the IFDA.

It was made very clear on Wednesday May 2oth 2009 in a press release that the IFDA would not have access to the Merrill Lynch 18 million dollar fee obtained  by regulators.-Here is the Link to the Illinois Deparment of Financial Regulation- Division of Insurance- Stipulation and Consent Order

Key Man insurance will not take the IFDA to 10 Million.

Although there are these key man insurance policies that have quite a high value accessing the full amount of these policies  will be a problem. According to deathcarelaw.com

Snippet:

“the key man insurance held by the trust poses a thorny problem. The insurance policies have a mortality charge that must be satisfied from a reserve that is probably invested in a volatile mix of fixed income and equity assets.

Surrendering the policies requires the trust to address certain tax penalties and policy fees, unless of course, the policies are rescinded or fail to constitute insurance.

“Where does this leave the IFDA and the Comptroller’s $9.7 million claim?

Unless the IFDA has assets (including its museum of funeral customs) sufficient to pay the claim, it will have to earn its way out of this hole. As with most state associations, the master trust represents its main source of revenue.”

The master trust in the current economic enviroment will not bring the IFDA to 10 million fast enough. If the Illinois Funeral Directors Association Fails the Comptroller in Illinois may find himself managing many little trusts. Funeral Directors overall are not pleased with the Comptroller in Illinois.

All this does not bode well for funeral consumers or directors  in Illinois.

Funeral Industry|Funeral blog

Source deathcarelaw.com