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New Research on Illinois Funeral Scam|Your Funeral Guy

8 Apr

There is new Research available on the Illinois Funeral Director’s Association (IFDA)Preneed Funeral Trust Scandal. Here is a guest post by free lance journalist-Heather Stanke

The Illinois Funeral Directors Association is currently involved in class action lawsuits regarding the mismanagement of a pre-need trust fund, which resulted in the loss of $59 million of trustee funds. As a result of the mismanagement, funeral directors have had to cover the losses and still perform all guaranteed funeral services for their clients.  Each time funds are misused, the costs of funerals are raised.  The situation has caused an integrity problem for the funeral home industry.

The fund was set up in 1980, by then comptroller Roland Burris, the current junior Senator of Illinois. He illegally issued a license for the fund, and later lobbied for it. IFDA members deposited money into the fund from pre-need sales and it was invested by the trustees. Burris has been subpoenaed in a current lawsuit the IFDA is facing, asking him to come forth with any documents relating to the fund and figures of how much he was paid to lobby state regulators.  In 2009, the IFDA reported 49,000 policies with $300 million in assets, according to the IFDA.

Much of that money, over $190 according to the lawsuit, was invested irresponsibly in life insurance policies, under the recommendation of Ed Schainker, an investment advisor for Merrill Lynch.

Shainker’s powers to advise and sell insurance were suspended by Secretary of State Jesse White on February 25, 2009.  The order of suspension says that while he was acting as advisor, Shainker sold over 300 insurance contracts to the IFDA.  One hundred and twenty of those contracts were from Merril Lynch, for which he earned millions of dollars in commissions.  The insurance policies were taken out on the lives of IFDA board members, directors and officers.  They have been losing the fund money because those people aren’t dying fast enough.  Shainker didn’t analyze the purchases beforehand to predict this occurrence.

In 2007, an independent audit reported the fund at a deficit of $39 million, a direct result of the insurance policies not being paid out.  The IFDA’s license to act as trustee of the fund was revoked by comptroller Dan Hynes.  In 2008, Merril Lynch took over as trustee of the fund, after Regions Bank declined the offer.

In October 2008, the IFDA website told consumers in a Q&A section, that they should feel perfectly confident in buying pre-need funerals.  Some homes continue to recommend pre-need services to clients. Darcy Kolschefski is a pre-need funeral counselor at Hultgren Funeral Home in Wheaton, IL.  He said that only 30 of his 4,000 pre-need cases use the trust anyway, and that no matter what, the consumer receives their services.  He said that funeral homes across the state have signed a pact agreeing to try to recoup losses incurred by the trust.

Hultgren uses a re-insurance pool akin to the IFDA for their policies, and still recommends pre-need because it keeps the home from having to finance the funeral while the family waits to gather funds to pay it.

In November(2008), two women who had purchased pre-need funeral contracts filed suit against the IFDA, and on January 28, 2009, a second lawsuit was filed.  The second was by six funeral directors affected by the losses.  The case is likened to a Ponzi scheme, in which returns are paid to investors from their own money or other investors’ money, not from profits earned

Heather Stanke, Freelance Journalist (her blog is called NIPIZHO)

Illinois Press remiss in Coverage of Funeral Director Swindle?-YourFuneral Guy

26 Sep

thumbnail (6)The Illinois Press has been remiss in it’s handling of the Illinois Funeral Directors Association Preneed Funeral Insurance Swindle. This may indeed be in part because of the misinformation (babbling)put out this year by the Executive Director Of the Illinois Funeral Director’s Association Duane Marsh.

The Illinois Funeral Directors Association Stole and Mismanaged between $59-100 million of the  folks funeral money in the State of Illinois.

Marsh who has been only in Illinois nine months is really not qualified to deal  with the depth of funeral( NFDA’s Randall L Earl, Charles Childs Jr) and political corruption ( Illinois Senator Roland Burris founding poitico, and lobbyist of the IFDA Preneed Trust). It also should be noted that this is his first Funeral Directors Association.iStock_000002848648XSmall

Nine months in the state with  failed promises to bring a NEW ILLINOIS FUNERAL DIRECTORS ASSOCIATION IN JUNE 2009-it has been the same old same old-Lawsuit after Lawsuit, Investigation after investigation and trustee after trustee for the  IFDA Preneed Trust! Just like the corrupt Executive Director before him Duane Marsh  has to get up every morning and spin  a web of misinformation and lies.

Then there is that look yourself in the mirror thing.

Funeral Director|Funeral Industry Blog

Duane Marsh is mentioned here because he has been mentioned In Numerous reports(articles on The IFDA Preneed  Ponzi Sheme.

Coverage in the Press By on the IFDA Funeral Scam Has Been Minimal. The State Journal Register in Springfield, Illinois has done an excellent job covering this matter.

Scandal Ridden Illinois Funeral Directors (IFDA) Seeking trustee again-YourFuneralGuy

2 Sep
The Lesson of the IFDA (Illinois Funeral Directors)scandal is not to let the  Funeral Director take your money through preneed.

The Lesson of the IFDA (Illinois Funeral Directors)scandal is not to let the Funeral Director take your money through preneed.

The scandal ridden Illinois Funeral Directors Association is seeking another trustee for it’s IFDA Preneed Trust Fund. This is what the brought the Ponzi Scheme in to the light in the first place.

The Comptroller of the State of Illinois took away the license of  the State of the Illinois Funeral Directors Association to Manage the trust fund because the leaders of the IFDA were raiding the Fund for there own purposes. In the Fall of 2007 there losses 40 million, in fall 2008 59 million and now nearly 100 million.

At there Convention in June this summer there was talk(VENDORS) that the Illinois Funeral Directors Association will not be around next year. There is also rumors circulating about Illinois  that The Six Funeral homes Suing(lawsuits) the state IFDA are starting there own funeral directors association called The IFSA. I have not confirmed the rumor bit. That said going with the New Association maybe just just a jump from the frying pan into the fire. Some say the Funeral Home leading the charge against the IFDA  is deficient in Ethics.

This much is true The  IFDA is Seeking a new Trustee, a bad sign for their survival. From an E-Mail From the IFDA:

IFDA E-News Bulletin
Aug 26, 2009

IFDA Seeking New Trustee

“Merrill Lynch Trust Company is working with IFDA to appoint a new Successor Trustee. Conversations have been established with four financial institutions to review the possibility of taking over as a new trustee. IFDA Executive Director, Duane Marsh, cautions, “This is a very complex undertaking but a necessary one if we are to provide the fund with long-term stability.”

The IFDA is not saying why they are seeking a new trustee, and why Merrill Lynch is not continuing as trustee.

This has been the  way the IFDA has operated throughout the Scandal.

Sadly the press has not reported on these events. It is past the time that someone should speak up.

Funeral Industry|Funeral blog by Your Funeral Guy

Illinois Funeral Scam|hearing for Investment adviser postponed-YourFuneralGuy

25 Aug

Hearings in the Illinois Funeral Scam have been postponed and postponed  again

Hearings in the Illinois Funeral Scam have been postponed and postponed again

The hearing for the Investment Adviser in the Illinois Funeral Directors Asscoiation funeral scam have been postponed  again.

At the core of the Illinois Funeral Directors Association Preneed Ponzi Scheme were the key guy life insurance policies that were sold to the IFDA, Illinois Funeral Directors Association by Edward Schainker, a Merrill Lynch agent.

Last fall Losses in the trust fund were estimated to be at 59 million. But now they have ballooned to over 100 million.

Snippet from the State Journal Register newspaper in Springfield, IL.

“Edward Schainker, who provided investment advice to the Illinois Funeral Directors Association, was originally scheduled to appear at a May hearing to fight the secretary of state’s suspension of his license to work as an investment adviser. At Schainker’s request, the hearing was postponed until July 28, and has been postponed again.

The new hearing is scheduled for Nov. 2.”

This is indeed the problem when you turn to the courts to  settle scandal: Hearings and investigations are postponed and postponed again.

Funeral Industry|Funeral Blog by Your Funeral.

Illinois Funeral Directors Assoc.above the Law-yourfuneralguy

5 Aug

The Illinois Funeral Directors Association believes it's gentleman's agreement with politicians places it above the law.

The Illinois Funeral Directors Association believes it's gentleman's agreement with politicians places it above the law.

The Illinois Funeral Directors Association believes they are above the Law. This is according to details of their lawsuit reported last Friday. The Comptroller of the State of Illinois says that they stole the money out of the IFDA Preneed trust. Rather than face up they have decided to do a lawsuit against the Comptroller.

Now the average working stiff when caught stealing  10-100 million dollars does not usually get to sue the police. It’s the jail house right away.

Illinois Comptroller Press Release:

“An audit by Hynes’ office determined the entity took more than the legally allowed amount of fees from 2000 to 2006.”

So the  IFDA leaders took the money. They try to justify their theft of money in a lawsuit:

via the State Journal Register, Newspaper:

“After Hynes demanded in May that IFDA return the fees, the association sued the comptroller in Cook County, saying it was entitled to the money. In its lawsuit, IFDA says former Comptroller Roland Burris in 1980 set the fee limit at 5 percent of principal for the trust, and the principal swelled to as much as $300 million.

However, the General Assembly amended the Burial Funds Act in 1989, limiting fees to 25 percent of earnings. There was no guarantee that the trust would earn any money, so the association turned to another section of state law governing trusts that allows trustees to collect “proper expenses” and “reasonable compensation.”

IFDA says it was trying to protect consumers when it collected fees larger than allowed by the Burial Funds Act.

Without reasonable compensation, IFDA Services would have been forced to cease operations and place thousands of Illinois consumers in the precarious and frightening position of losing the trustee of the funds they depended on for proper burial services,” IFDA said in its lawsuit.”

Now just because you have a gentleman’s agreement with likes of Roland Burris (D){Or a gentlewoman’s agreement with  Dawn Clark Netsch (R)} does not put you above the law.

William Statler An expert lawyer in these matters wrote an interesting article on the IFDA being above the law. Here is a snippet from his article:

the IFDA sought to enforce their gentleman’s agreement. Unfortunately for consumers and funeral directors, that agreement was flawed from the start”

The Illinois Funeral Directors Association failed to declare that it was taking more money out of the trust than allowed by law. They choose to fail  and operate above the Law.  Will the courts say the the IFDA is above the Law?

I HOPE NOT. Some high powered folks  in the funeral industry, the State of Illinois and the US Senate hope so.

Funeral Industry|Funeral Blog by Your Funeral Guy

You can read more on this here:

Illinois Funeral Directors Possible Felons

Felony Charges a possibility in Illinois Funeral Fund theft-yourfuneralguy

31 Jul

The Illinois Funeral Directors Association has conducted a Funeral Scam where up to 100 million dollars were lost

The Illinois Funeral Directors Association has conducted a Funeral Scam where up to 100 million dollars was lost

Felony Charges  could happen in the Illinois Funeral Directors Association Preneed Ponzi Scheme. The former trust administrator Karen Blankenship, admitted this in a deposition in April. The Illinois Comptrollers Office confirmed this.

Funds were taken out of the IFDA preneed trust beyond the amount allowed by law. This is a felony.

From Karen Knowles, the Office of the Comptroller, State of Illinois via the State Journal Register, Newspaper

“We are pursuing civil actions because they are the best way to obtain funds for consumers,” Knowles wrote in an e-mailed response to queries from The State Journal-Register.

“A criminal action in state court is always an option.The comptroller’s office alerted appropriate authorities of its findings. In cooperation with the attorney general’s office, we have demanded return of $9.6 million in excess fees.”

More of what has been kept from the public is coming into the light.

iStock_000006409752XSmallThe IFDA presidents in 2006 and 2007 should be held directly accountable. So Should the Director of the Museum of Funeral Customs.

IFDA:President 2006-2007-Charles Childs Jr, AA Rayner and Sons Modern Funeral Service, aarayner.com/FuneralHome

IFDA President 2007-2008 Geoffrey W. Hurd, Hurd Hendricks Funeral Homes, hurd-hendricksfuneralhome.com

Director Of Museum of Funeral Customs: NFDA Executive Secretary, Randall L Earl.www.brintlinger.com

If anyone else misappropriated, stole or embezzled 2 million dollars.
Where would they be….prison.

What is taking so long?

Collecting from the Folks Funeral money 2 million dollars 2 years in a row is a despicable theft.
Quoting from the State Journal Register Article, Springfield, Illinois:

“Audits commissioned by IFDA show the association collected more than $2 million in fees in 2006 and again in 2007′.”

Funeral Industry |Funeral blog by Your Funeral Guy.

Randall L Earl is named here because he is public figure as the National Funeral Directors Association Executive Secretary. He is an ex IFDA President and named in this Scandal in the publication the Funeral Service Insider.

Charles Childs Jr. is a public figure because he is an ex IFDA President and has been named in this Scandal in a February 2008 State Journal Register Article.

Geoffrey W. Hurd is named in this post because he is an ex IFDA President named in the press.

The three are defendants in multiple lawsuit(s).

The gentlemen mentioned here are innocent till proven guilty but given the gravity of the situation, they should not be in leadership roles in the industry. This is your funeral guy’s opinion. Other people in the industry and the press have addressed these matters.

THE IFDA LOGO COMES FROM E_MAILS TO YOUR FUNERAL GUY FROM THE IFDA.

Illinois Funeral Directors File Lawsuits Against Comptroller-yourfuneralguy

23 Jul

Illinois Funeral Directors are suing various arms of the State of Illinois, IFDA, and Merrill Lynch.

Illinois Funeral Directors are suing various arms of the State of Illinois, IFDA, and Merrill Lynch.

Illinois Funeral Directors who are suing the IFDA(Illinois funeral directors Association)  for losses coming close to 100 million dollars in the IFDA preneed trust fund are now suing the regulator, the Comptroller of the State of Illinois and others.

The Plaintiffs are suing State comptroller Dan Hynes, Division of Insurance head Michael McRaith,  and Merrill Lynch, the IFDA’s former financial advisor and current trustee of the IFDA preneed trust.

This is the original Lawsuit: View Here Amended Derivative Complaint

Calvert Funeral Homes, et al. v. Robert W. Ninker, et al.
Case No. 09 CH 03624 (Cook County, IL)

This is the lawsuit against the Comptroller and other regulators and Merrill View here Declaratory Judgement

Fred C. Dames Funeral Homes, Inc., et al. v. Daniel W. Hynes, et al.
Case No. 09 CH 21989 (Cook County, IL)

This lawsuit against Merrill Lynch: View here Jury Trial

Clancy-Gernon Funeral Homes, Inc., et al v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al
Case No. 09 CH 20736 (Cook County, IL)

From the Illinois Senate Press:

“Funeral directors have filed another lawsuit related to a failed pre-need funeral trust fund once administered by the Illinois Funeral Directors Association…..

In the lawsuit, filed in Cook County July 7, funeral directors are asking a judge to nullify provisions in a settlement agreement between the Department of Insurance and Merrill Lynch, which agreed to pay an $18 million fine but admitted no wrongdoing.

The money is supposed to go to funeral directors who must first sign documents releasing Merrill Lynch from liability.”

THE LAWSUIT PILE ON FOR THE CONSUMER MEANS MORE FUNERAL COSTS.

All the parties feel they are justified in their actions, but you the consumer loose.

Funeral Industry, Funeral blog by Your Funeral guy

Your Funeral Guy

NFDA needs To Dump “EARL” part of Fed Investigation-YourFuneralguy

17 Jul

Randal L Earl Executive Secretary of the NFDA needs to resign for the sake of Funerals in the United States.

Randal L Earl Executive Secretary of the NFDA needs to resign for the sake of Funerals in the United States.

Why has not the National Funeral Directors Association not dumped Randal L Earl, It’s executive secretary? He is now part of a Federal Investigation, multiple lawsuits, and State of Illinois investigations.

By taking no action against Randal Earl the NFDA is indicating that it does not care about FUNERAL or CEMETERY Scandal.

Randal L Earls role in the Illinois Funeral Direcdtors Association Ponzi Scheme is more than obvious.

Calls for NFDA Secretary To Resign Growing-

NFDA Secretary”Mr. Earl” Should Resign-

In light of the Illinois Funeral Directors Association(IFDA) Ponzi Scheme, The Burr Oak Cemetery. the CEO of the Executive director of the NFDA needs to be called out on this, along with the other members of the NFDA Board!

The Integrity of the Executive Board and the NFDA itself is in Question

The Integrity of the Executive Board and the NFDA itself is in Question

Patrick E. Lynch,Michael R. St. Pierre, William C. Wappner,and others need to move him out. Maybe these folks in roles at the NFDA are there for personal gain and not the good of funerals in the United States.

Info from the State Journal Register on the Fed Investigation:

Federal prosecutors have begun a criminal investigation into a pre-need funeral trust fund that critics, including funeral homes that stand to lose millions of dollars, say operated like a Ponzi scheme.

Funeral Industry|Funeral Blog by Your Funeral Guy




Revealed Now Federal Investigation of Illinois Preneed Funeral Ponzi-YourFuneralGuy

17 Jul

The US States Attorney In Springfield, Il is investigating the Illinois Funeral Directors Association

The US States Attorney In Springfield, Il is investigating the Illinois Funeral Directors Association

A federal investigation is underway in the Illinois Funeral Directors Association Preneed Ponzi Scheme. Funeral Directors claim that the fund has lost 1oo million dollars since 2001. Some Funeral homes stand to loose millions due to the scheme. The fund is the IFDA Preneed trust and Merrill Lynch (MLBOT)became the Trustee last fall.

Up to now there have been multiple lawsuits in the matter and regulators in the State of Illinois have been investigating. With the Federal Investigation IFDA leaders who took money out of the fund, and misused the folks money should be quite nervous. Those that  lied to the IFDA Membership about the value of their assets should be talking to theirlawyers.

The 40-59 Million loss in 2008, is where the crime occurred before the markets crashed. Using folks funeral money for  the Museum of Funeral Customs and IFDA PERKS  is despicable. Falsifying the value of the fund to the membership is  likely “FRAUD.”

Some Funeral Homes may be forced out of Business entirely. Sadly Funeral prices for the average working stiff have been raised to compensate losses.

The Ponzi part of the scheme had to do with less than normal investments,  key man insurance purchases, perpetuated by Merrill Lynch.

From the State Journal Register in Springfield, Il

The U.S. attorney’s office in Springfield has issued a subpoena to the state comptroller’s office demanding all records relating to the pre-need funeral trust fund once administered by the Illinois Funeral Directors Association. Carol Knowles, spokeswoman for comptroller Dan Hynes, said the comptroller has complied with the subpoena, which was received in late March.

Potential targets aren’t clear from the subpoena.”


Funeral Industry|Funeral Blog by Your Funeral Guy


ILLINOIS FUNERAL MESS GROWS-yourfuneralguy.

18 Jun

The Illinois FUNERAL SCANDAL MESS  has grown and become quite complicated.

The Illinois FUNERAL SCANDAL MESS has grown and become quite complicated.

The whole FUNERAL MESS in Illinois is driving up Funeral costs in the State of Illinois. It seems like every week now a new Action is filed against somebody. It seems that Funeral Directors, the regulators, and the Illinois Funeral Directors Association are all trying to gain and maintain  control the funeral preneed  money. THIS IS A NO WIN SCENARIO FOR ALL INCLUDING THE ILLINOIS FUNERAL CONSUMER.

1. Payment for  public aide funerals will be stopped from the Department of Health and Human Services. These are medicaid funeral payments for indigent funerals.  The State will no longer  cover public aide funerals FOR THE POOR  in Illinois because of budget concerns. These payments may be restored later.

2. The six funeral director was amended on June 12th. MOST OF THE IFDA DEFENDANDTS REMAIN THE SAME. New defendants are added. The plaintiffs are shaking down the IFDA,  THE COMPTROLLER OF THE STATE OF IL, MERRILL LYNCH and other insurance companies for their  for their losses.

3. IFDA SERVICES  has filed an action against the Comptroller of The State of Illinois as of June 16th 2009. This in itself  could require a new BLOG.

I received this E-Mail From Duane Marsh, The executive director of the Illinois Funeral Directors Association explaining three things mentioned above  that are raising the costs of funeral directors in the TROUBLED  FUNERAL STATE OF ILLINOIS

IFDA E-News Bulletin
Jun 17, 2009

In this issue, you’ll read:
Executive Director’s Message

Executive Director’s Message

Dear Member,

1.Each of our funeral home members received a letter from the Department of Human Services this week notifying you, “that Funeral and Burial payments for the 2010 fiscal year will be pushed to fiscal year 2011. Assuming an appropriation for 2011, we expect payments to resume in July, 2010.”

The Illinois Funeral Directors Association misappropiated or took nearly 100 million of the good folks  Funeral money in the State of Illinois

The Illinois Funeral Directors Association misappropiated or took nearly 100 million of the good folks Funeral money in the State of Illinois

I have written a letter to the Department asking them to provide me with the “criteria and process” that was used to come to this determination. I also asked for an explanation as to why there is a 100 percent reduction rather than the 50 percent called for in the “50-percent budget.”

Governor Quinn is working with the Legislature to find additional revenue to restore the reductions. The Governor is pressing for an income tax increase to provide the revenue needed to restore the funding.

I will keep you posted as to what I learn.

2.The derivative lawsuit plaintiffs have filed an amended complaint centering on the insurance policies and the role of regulators. It is a 109-page document and our legal counsel is reviewing its contents to determine what response it warrants.

3.Yesterday, IFDA Services, Inc. filed an action against the Comptroller’s Office challenging their finding on excess fees. As this case unfolds, data and information will be provided that will outline concerns…….

Sincerely,

Duane Marsh

FUNERAL INDUSTRY | FUNERAL BLOG by Your Funeral Guy.


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