Source: FBI
Scamming nuns. Taking advantage of the mentally disabled. Stealing from the elderly.
Just when you think con men couldn’t sink any lower, they do: This
time, a group of fraudsters took money from individuals who prepaid
their own funerals to ease the financial and emotional burdens on their
families.
Recently, a Missouri man and five others
were sentenced to federal prison for their role in a Ponzi-like prepaid
funeral scheme that victimized some 97,000 customers in more than 16
states. The scheme caused more than $450 million in losses, smaller or
non-existent death benefits for families at their most vulnerable, and
huge profits that lined the pockets of the defendants.
According to the Federal Trade
Commission, millions of Americans enter into contracts to prearrange
their funerals and prepay some or all of the expenses involved.
Laws in individual states regulate the industry, and various states
have laws to help ensure that these advance payments are available when
they’re needed. However, protections vary widely from state to state,
sometimes providing a window of opportunity for unscrupulous operators.
That’s just what happened with James
“Doug” Cassity and his Missouri-based company called National
Prearranged Services Inc. (NPS). As early as 1992 and until 2008,
Cassity and the other defendants employed by NPS or affiliated life
insurance companies devised and ran a scheme to defraud purchasers of
prearranged funeral contracts obtained from NPS. Also victimized were
funeral homes that did business with NPS, financial institutions that
served as trustees of the prearranged trusts established by NPS for
their customers, and state insurance guarantee associations.
In general, here’s what NPS told its customers:
After discussing what the customer wanted, a price would be agreed upon
and payment accepted. NPS would make arrangements with the
customer-designated funeral home. In accordance with state law, the
funds would be placed with a third party—depending on the state, that
third party would be a financial institution that would put the funds
into a trust that could be only used for safe investments (like
government-backed securities)…or a life insurance company that would put
the funds into a life insurance policy in the name of the customer.
Here’s what NPS didn’t tell its customers:
The company didn’t put all of the funds from customers into a trust or
life insurance policy, but instead brazenly altered application
documents—i.e., changing deposit amounts, naming itself as a
beneficiary, converting whole life insurance policies to term life—and
used the money for unauthorized purposes like risky investments,
payments for existing funeral claims, and personal enrichment. In some
instances, defendants even removed money previously placed in trusts and
life insurance policies. And NPS routinely lied to state regulators
about its practices.
And if that wasn’t bad enough, NPS also
purchased large blocks of prearranged funeral contracts from funeral
homes that had previously entered into their own prearranged funeral
contracts with customers, falsely telling these funeral homes that the
contracts would be rolled over into life insurance policies.
The complex case—investigated by three
federal agencies, a number of state regulatory agencies, and the
Department of Justice—began in 2008 when we received information from
several state agencies on the shady practices of NPS and one of its
affiliated life insurance companies. It ended in November 2013, when six
co-conspirators who took advantage of people’s desire to protect their
loved ones upon their own deaths were finally brought to justice.