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Saturday, July 5, 2008

Justice Finds Justice....Kinda

This is a follow-up to the matter of fraud and unlicensed funeral direction described in a previous entry, Fraudulent Pike County Funeral Director Charged with 19 Felonies.

Ultimately faced with one count of acting as a funeral director without a license and 24 charges of insurance and funeral service fraud, Richard Justice pleaded not guilty to the initial misdemeanor and nineteen felonies filed against him, as well as to subsequent charges, one of which may have been filed in June 2007 (Eastern Kentucky Broadcasting reported in July 2007 that Justice was arraigned on July 25 following a June indictment) and three of which were filed in February 2008 (Eastern Kentucky Broadcasting). In April 2008, he was also charged with driving under the influence and without a license plate (Eastern Kentucky Broadcasting, WSAZ).

Offered a plea agreement that included a recommendation of probation if restitution was paid (somebody smack that prosecutor!), the ironically named Justice pleaded guilty to all counts in May 2008. He was placed on home incarceration and ordered to replay more than $61,000 to his victims or their estates by his July 1 sentencing date (he had previously repaid a portion of the $87-94,000 he bilked). Though he apologized for defrauding his customers of tens of thousands of dollars, Commonwealth's Attorney Rick Bartley reported to Pike Circuit Court Judge Steve Combs that no restitution had been paid, and the judge ordered Justice to jail for 30 months. (Kentucky.gov press release, Lexington Herald-Leader, WSAZ)

Yup...30 months...two and a half years. The folks Justice bilked had been responsibly putting back their money for longer than that! Hell, he was bilking people for longer than that! He could have faced 20 years in prison and been fined $10,000 on each count...there's a reason the law allows for such a sentence! If prison overcrowding is such a daunting issue that thieving creeps preying on senior citizens get a punishment of two and a half years, then we've got some serious laws to start hacking! Most potheads and a lot of other druggies serving time weren't HARMING anybody, were they? Let this jackass take their spot!

Thursday, February 8, 2007

Fraudulent Pike County Funeral Director Charged with 19 Felonies

Former funeral home owner bagged in sting
Mary Music ~ Appalachian News Express ~ 2/3/2007

KY - A former Pikeville funeral home owner has been stealing money for several years and acting as a funeral director without a license, officials say. Former Justice Funeral Home owner Richard D. Justice (listed elsewhere as Richard A. Justice) was arrested yesterday after an extensive investigation by Walter B. H. Petot, a special investigator with the state office of insurance fraud.

He faces 12 felony counts of violating the Funeral Trust Act, six counts of felony fraudulent insurance acts, one count of felony theft and one count of acting as a funeral director without a license between 2004 and 2006. The alleged insurance fraud spanned between 2002 and 2006.

According to the warrants filed in the case Friday afternoon, Justice, 43 (most other stories report him as 53 at the time), of Hickory Lane in Pikeville, took approximately $94,000 for pre-paid burial trust funds or insurance from Linda Fields, Earsil Charles, Dessie M. Charles, Phea Sue Little, Eloise Coleman, Doshie Bartley, Robert Gene Ford, Edna Goof, Joan Jacques, Elster Ray Hawkins, Nona B. Bartley, Betty Joe Adams, Katie Bailey and the Good Shepherd Community Nursing Center, where he is accused of not refunding an overpayment for the funeral expenses of Katie Bailey. Justice did not purchase burial insurance with money given to him by local families and he didn't place pre-paid burial expense money into trust funds, as required by law, the warrants claim.

Justice closed the funeral home on South Mayo Trail in November. When word of the alleged improprieties surfaced in December, Justice denied the allegations, claiming that employees at the Justice Funeral Home embezzled the money. The money was there, he said at that time, and it was “secured” and “protected.”

“That means that I ain't going to get my money back, don't it?” asked Dessie Charles, when she learned of the arrest yesterday. “We worked very hard to get that money and we trusted him like we trusted his dad. His dad was a good person. We dealt with him back in the 1950s, so we figured he'd follow in his dad's footsteps. He took advantage of elderly people, and that's a lot of years we had to work for that.”

Charles and her husband Earsil Charles, of Biggs Branch, checked on their pre-paid burial expense account at the Justice Funeral Home after they read articles written about the investigation in the News-Express and found out there was a problem.

Charles, 70, said it was natural for her and her husband, 77, to open a pre-paid burial fund through the Justice Funeral Home because the company handled the funerals for two of their children in the 1950s and several other family members throughout the years. The opened the fund in 2003 with $15,000.

Charles claims that her sister, a Michigan native, is also making inquiries into her pre-paid burial fund, which was opened in 1999. Justice's father, Perry A. Justice, opened the funeral home several decades ago. After he died, Justice and his brother, Gary Justice, took over the business. When problems arose between the siblings, Gary Justice purchased the J.W. Call Funeral Home in Pikeville.

Justice Funeral Home held its last funeral in October 2006. The business is now under new leadership and has been renamed as the Pikeville Funeral Home.

Doshie Bartley, 71, of Powell's Creek, said she wrote a check for more than $15,000 and gave it to Justice in August 2004, thinking she was doing a positive thing for her and her husband, William Ray Bartley, but when it was time to withdraw the money, she said nothing was there.

Justice Funeral Home handled the burial arrangements last year for Bartley's husband of 50 years, but she said the financial agreement she had with the funeral home “worried me to death.” Bartley wanted to transfer the remaining funds in her burial insurance contract to another funeral home in Pikeville. The director there, she said, informed her that no money was available when he went to pick up the contract.

Each individual warrant filed Friday says that Justice may give $100,000 bail to be released from the Pike County Detention Center.

The Floyd County Times (Pike funeral director charged with 19 counts, 2/7/07 - also archived @ Newsbank) further reported that Justice denied the allegations, claimed funeral home employees embezzled the money, and that, if convicted, he faced up to 20 years in prison, a fine of up to $10,000 for each count (or twice the amount of gain), or both. The Lexington Herald-Leader (Funeral home owner faces charges on prepaid arrangements, 2/3/07 @ Newsbank) specified that KOI spokeswoman Ronda Sloan also noted a misdemeanor charge in addition to the 19 felonies, and that the Justice Funeral Home reopened as Pikeville Funeral Home in January after being purchased by Paul Burchell, owner of Salyersville's Magoffin County Funeral Home.

Tuesday, September 12, 2006

Hanna Sentenced to 30 Years for Funeral Services Fraud, Theft

Hanna gets 30 years in funeral home fraud
(Archived article @ Newsbank)
Chris Cooper ~ Russellville's News-Democrat & Leader ~ 9/12/2006

Tim Hanna, prior owner/operator of Memorial Funeral Home in Russellville, was sentenced in the Logan Circuit Court Friday, Sept. 1 to 30 years in prison with chance of parole in six.

He was also ordered to pay approximately $350,000 in restitution. Hanna had pleaded guilty to a total of 117 counts of Class C and Class D felonies on Aug. 1.

Hanna stole numerous individuals' prepaid funeral funds, completed false interest reports from the Funeral Fund Trust of Kentucky and reported he had performed funeral services for individuals who had not died yet.

Hanna still faces additional charges stemming from his service on the Land of Logan Habitat for Humanity Board of Directors between 2002 and 2003.

Hanna was indicted on July 1 on 15 counts of stealing from Habitat for Humanity for personal use. Habitat is a nationally known non-profit organization which brings together volunteers to build affordable housing for those in need.


Saturday, August 5, 2006

Funerary Fraud Tim Hanna Pleads Guilty to 117 Felonies

Hanna pleads guilty, Orange may seek $350,000, 30 years
(Archived article @ Newsbank)
Chris Cooper ~ Russellville's News-Democrat & Leader ~ 8/4/2006


Tim Hanna of Russellville pled guilty in Logan Circuit Court Tuesday to a total of 117 counts of Class C and Class D felonies.

Hanna was arrested and charged on Feb. 6, 2006 after turning himself into authorities.

The former owner/operator of Memorial Funeral Home in Russellville stole numerous individual's pre-paid funeral funds, completed false interest reports from the Funeral Fund Trust of Kentucky and reported that he had performed funeral services for individuals who had not died yet.

Hanna had taken as much as $10,000 from several individuals and as little as $327. The total of funds taken is estimated in the hundreds of thousands of dollars.

In October 2005, the Kentucky Attorney General's Office (AG) became involved and began an extensive investigation into Hanna's business practices along with the Kentucky State Police and the Logan County Commonwealth Attorney's Office.

The AG's Office had received numerous complaints from individuals who claimed they had pre-paid for funeral costs and the funds were no longer there.

Hanna and his wife Cindy had filed a joint voluntary petition under Chapter 7 (bankruptcy) on July 1, 2005 which the AG's Office opposed.

During the investigation into Hanna's business at least two unidentified cremains were found in the funeral home and one that was marked. This find involved the Logan County Coroner's Office. The cremains with a name on the container were of someone who had already been buried. That grave was exhumed to identify the contents which held ashes. Logan County Coroner Jackie Dunlap had said they may never know whose cremains they were.

Approximately 45 to 50 victims and their families were in court to see Hanna plea Tuesday. Even after Hanna's confession of guilt, victims still sought answers to why anyone would do such a thing.

Commonwealth Attorney Charles Orange says restitution is still being determined in this case but said more than likely Hanna will have to repay close to $350,000. Orange recommend Hanna serve 30 years in jail according to the plea agreement; however, final sentencing isn't until Sept. 1 at 9 a.m. Circuit Court Judge Tyler Gill could choose to either raise or lower the agreement. At the Sept. 1 sentencing, victims will have a chance to voice their opinions on the actions of Hanna.

Hanna is still facing additional charges stemming from his service on the Land of Logan Habitat For Humanity Board of Directors between 2002 and 2003. Hanna was indicted on July 21 and arraigned Tuesday on 15 counts of stealing money from Habitat for Humanity for personal use. Habitat is a nationally known non-profit organization which brings together volunteers to build affordable housing for those in need.

In the funeral home case, Hanna has admitted his guilt. On the Habitat charges, and indictment is not a finding of guilt, but that enough evidence exists to hold a trial. Guilt or innocence may be determined in a court of law.

Wednesday, August 2, 2006

Russellville Funerary Fraud Charged with Stealing from Habitat for Humanity

Hanna indicted again - Charged with stealing $51,500 from Habitat For Humanity - Hanna served as its treasurer
Chris Cooper ~ News-Democrat & Leader (Russellville, Logan County, KY) ~ 8/1/2006

Tim Hanna, previous owner/operator of Memorial Funeral Home, was indicted by the Logan County Grand Jury on July 21 for 15 counts of Theft by Unlawful Taking over $300.

According to Hannah's indictment, he intentionally took money belonging to the Habitat For Humanity account with intent to convert funds for personal use and to deprive Habitat For Humanity of money. Hanna's counts add up to $51,500. The money was allegedly taken between May 2002 and October 2003. Hanna served Habitat For Humanity as its treasurer. Habitat For Humanity is a nonprofit organization that brings together volunteers to build housing for those in need.

This isn't Hanna's first bout with trouble. He was arrested on Feb. 6, 2006 and charged with 109 counts, ranging from theft by failure to make required disposition of property over $300, violation of trust prevision/preneed payment for funeral service, and forgery 2nd degree.

The February theft charges stem from transactions in which he allegedly took individuals pre-paid funeral funds and failed to turn them into the Funeral Funding Trust of Kentucky.

The forgery charges stem from Hanna's alleged completion of false interest reports from the Funeral Funding Trust of Kentucky on certain individuals. Hanna also allegedly contacted the Funeral Funding Trust of Kentucky and reported that he had performed funeral services for individuals who had not died yet, in order to receive the individual s pre-paid funeral funds himself.


Wednesday, March 8, 2006

Russellville Christian Church Buys Memorial Funeral Home

Russellville Christian Church buys funeral home at auction
Doug Waters ~ Bowling Green's Daily News ~ 3/5/2006


RUSSELLVILLE - A church will soon occupy a beleaguered funeral home property in Logan County.

The property belonging to Tim Hanna, who's been charged with funeral-home fraud, was sold at a commissioner's auction late last month by Russellville Christian Church.

Pat Suiter, who is on the church's building committee, said the church, comprised of 60 to 65 people, previously met at the Women's Club building in Russellville.

"We didn't think about the controversy," Suiter said. "That was the best location and building we could find in Russellville."

Suiter said expansion needs trumped all other concerns, even though members were well aware of the funeral home's problems.

Hanna, 46, was arrested in October by Kentucky State Police and accused of stealing from clients who made prepaid funeral arrangements. Hanna faced more than 100 charges at his initial arraignment Feb. 16, including 16 counts of second-degree forgery for bogus death certificates to the state's Funeral Trust Fund.

Allegedly, some or all of the money for certain reservations never made went into the state's Funeral Trust Fund.

"It's a big, spacious building. It's a matter of personal feelings as to how you feel about a funeral home as a business or church home," said Charles Orange, the Logan-Todd commonwealth's attorney.

Three properties - Hanna and his wife's house, the funeral home and the LandMark Travel building they owned across the street from it - were sold along with furniture and other equipment, said Jay Joines, the Logan County Circuit Court master commissioner.

Stressing the sales were not connected to Hanna's criminal charges, Joines said they were based on a civil failure-to-pay-debt case. Rumors circulating that proceeds of the sales could go to funeral-fraud victims are not true, he said.

"It's a lawsuit by the bank to collect money owed to the bank," Joines said. "The judgment and the case and the lawsuit spells out correctly who gets the money. It doesn't have anything to do with operation of the funeral home or anything about that."

The funeral home sold for $246,100, the house sold for $82,390 and the LandMark Travel building sold for $7,490. Jesse L. Riley and Son Real Estate and Auction handled the sales, he said. About 100 to 150 people attended the auction, Joines said.

As for the criminal case against Hanna, Orange said Hanna is currently out on bond and his next hearing should be in early April. The sides are still poring through evidence in preparation for trial. Orange said trials normally take anywhere from three months to a year to resolve.

Wednesday, February 8, 2006

Russellville Funerary Fraud Now Faces 109 Charges

Mortician faces more theft counts - Ex-director of Russellville funeral home now charged with more than 100 counts
Burton Speakman ~ Bowling Green's Daily News ~ 2/7/2006

The Russellville funeral home director accused of stealing from clients who made pre-paid funeral arrangements has been charged with another 39 counts of theft by failure to make required disposition.

"Someone would die and the family would say they had money in the Funeral Funding Trust of Kentucky and the trust fund would say no money was there," said Trooper Todd Holder, public affairs officer of Kentucky State Police in Bowling Green.

The victim would then say they had paid "whatever amount" to funeral director Tim Hanna, he said.

"There were 52 victims involved in this case," according to a state police report on the case.

When the alleged incidents occurred, Hanna, 46, was the director of Memorial Funeral Home in Russellville.

The first complaint to state police came Sept. 27, when an individual said she was unable to contact her funeral director, according to the report.

The woman was concerned because she had recently purchased a pre-paid funeral plan from Hanna and was not able to discuss the matter, according to the report.

State police and the Kentucky Attorney General's Office then contacted the funeral funding trust to inquire about the complainant's status and discovered she did not have an account with the fund, according to the state police report.

In Kentucky individuals pre-pay a funeral home for funeral service and that money is placed into the funeral trust fund, Holder said. When that person dies, the funeral home is paid by the funeral trust.

Hanna received this money for prepaid funerals but would not forward the money to the trust fund, Holder said.

How the money was used is part of the ongoing investigation and cannot be discussed, he said.

Some of the victims have lost thousands of dollars, Logan County Commonwealth's Attorney Charles Orange has said.

Orange, who could not be reached for further comment today because of murder trial, at the time said the largest amount discovered stolen is more than $10,000 while the smallest amount is $300.

Hanna is scheduled to be arraigned on Feb. 16 in Logan Circuit Court. He is facing a total of 109 charges which include 41 counts of theft by failure to make required disposition over $300, 52 counts of violation of trust provisions/pre-need payment for funeral services and 16 counts of second-degree forgery.

Hanna was served with the additional charges Monday in Louisville and taken into custody without incident, according to the state police report.

Hanna was previously arrested on Oct. 4 but posted a bond then and was released.

State police said no further details would be released now because the investigation is ongoing.

Hanna is being held at the Logan County Detention Center on $500,000 cash bond.

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