http://www.tfda.com/index.php/site/index/ en admin@tfda.com Copyright 2012 2012-01-18T22:44:58+00:00 http://tfda.com/index.php/site/join_tfda_today/ http://tfda.com/index.php/site/join_tfda_today/#When:22:44:58Z The Texas Funeral Directors Association is holding a Phone-A-Thon on Wednesday, January 18 and Thursday, January 19.  If you join TFDA today, you will be able to receive 12 months of the Texas Director and you will be highlightdd as a member in the new 2012 -2013 Texas Funeral Industry Directory which is being published this spring.  For more information about member benefits, go to the Member Services link on the right side of the home page.  For a membership application, click here. 2012-01-18T22:44:58+00:00 http://tfda.com/index.php/site/scammers_target_funeral_homes_-_again/ http://tfda.com/index.php/site/scammers_target_funeral_homes_-_again/#When:22:20:33Z The Texas Funeral Directors Association was informed by our Endorsed Provider for credit cards, Joyce Leiser, that a funeral home in South Texas was recently scammed for a large sum of money by someone claiming to have a relative who died in London.  TFDA has cautioned our members in the past, but it is time to do so again.  NFDA has posted the following information on their website.  It is very helpful and complete.  Please be careful. Scammers Targeting Funeral Homes NFDA has received numerous reports from members who have been contacted by scam artists in recent weeks. These scams run the gamut from people pretending they want to purchase cremation jewelry to individuals claiming a relative has died in another country and they need repatriation assistance. Scammers contact funeral homes in a variety of ways (fax, email, relay operators, etc.), and the inquiries can originate from anywhere in the world. In previous scam alerts, NFDA has cautioned funeral homes to reduce the risk of fraud by taking the following precautions: When an American citizen dies overseas and the remains must be returned to the United States, the nearest embassy or consulate will issue a certificate to accompany the casket. You should still personally verify the legitimacy of a death overseas and the intent to repatriate a body by contacting the State Department's Overseas Citizens Services Office at 888-407-4747. NFDA members can be found in more than 50 countries around the world; NFDA also has relationships with funeral associations in many countries around the world. NFDA staff can help verify the identity of a funeral home or funeral director in many countries. Call NFDA at 800-228-6332 for assistance. Simply because a charge goes through on a credit card does not mean that it is legitimate. The credit card may have been stolen and a chargeback will eventually be made against the funeral home when the theft is discovered. Funeral homes should be very careful about accepting credit card payments when the contact is initiated by the consumer and the credit card number is given via e-mail, fax or telephone. Never wire funds to a consumer or to a third party office such as MoneyGram. Funds should never be wired unless the funeral home is certain as to the identity of the recipient, such as a funeral home that the funeral director has personally contacted using a telephone number available through an independent directory, such as NFDA's online member directory. Be suspicious if the order is for several of the same items of merchandise, like cremation jewelry. Whenever a contact is made from overseas, be especially suspicious. Many scams are initiated overseas. Be wary of any orders from addresses that use free e-mail services. Credit card companies report that these e-mail services have no billing relationship with the consumer which makes them very difficult to trace. Never ship merchandise until a funeral home verifies that a check has cleared and that funds are in the account. If you are contacted by someone asking you to send personal or banking information, do not reply in any manner. Guard your account information carefully. Be skeptical of individuals asking for your help in placing large sums of money in overseas bank accounts or in transferring money from an overseas bank account to an account in the United States. Do not believe the promise of large sums of money for your cooperation. Make sure that all employees at your firm, as well as your firm's answering service, are aware of the potential for scams by sharing these guidelines with them. Here is another link:  http://www.scamvictimsunited.com/phpBB2/viewtopic.php?f=9&t=2626   2011-12-13T22:20:33+00:00 http://tfda.com/index.php/site/september_1_brings_changes_that_may_effect_your_funeral_home/ http://tfda.com/index.php/site/september_1_brings_changes_that_may_effect_your_funeral_home/#When:18:39:39Z During the last legislative session, several laws were passed that go into effect September 1 or 2.  The one affecting most funeral homes is SB 864 (funeral home retail price lists).  Starting September 1, you may be required to add an additional line to your GPL.  If you charge a fee (flat fee or percentage) to assist a family in filing a life insurance policy, you are required to put the amount on your GPL. After some discussion with our lobbyist and legal counsel, we are suggesting that even if you do not charge this fee, you should include it on your GPL and list the cost as $0.  The language that has been approved is "Life Insurance Filing Fee". If you supervise provisional licensees, a law also goes into effect that clarifies that provisional period.  The law used to read that a provisional licensee could not work more than 17 hours per week or 73 hours per month.  It also read that they could not work less than 17 hours per week or 73 hours per month.  This language was changed to reflect the provisional period of no less than 12 months and no more than 24 months without a weekly or monthly minimum/maximum number of hours.  A rule will be passed at the September 13 Commission meeting to reflect this change. Also going into effect September 1 is a bill that effects whether the funeral director in charge (FDIC) is charged with a violation if the violation was the responsibility of a licensed employee.  All three of the above items were included in one bill.  To read the entire text go to http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB864. Also passed and going into effect on September 2, 2011 is a metal recycling bill.  Metal recyclers are required to hold items that appear to be cemetery related for 8 -days before destroying them.  This new hold takes effect Sept. 2 with some exceptions that extend the date to March 1, 2012.  If you notice missing cemetery items, get the word out to the metal recyclers right away -- you may find them before they are destroyed. The bill requiring TER to spell out the month on death certificates took effect June 17, 2011.  However TDSHS has been given a 12-18 month extension to get this programming change done. Go to the Legislative Page of the website for more information. 2011-08-30T18:39:39+00:00 http://tfda.com/index.php/site/ftc_sues_two_funeral_homes_for_failing_to_provide_price_lists/ http://tfda.com/index.php/site/ftc_sues_two_funeral_homes_for_failing_to_provide_price_lists/#When:20:05:23Z FTC Sues Two Funeral Homes for Failing to Provide Price Lists; Undercover Inspections in Eight States Find Violations of FTC’s Funeral Rule At the request of the Federal Trade Commission, the U.S. Department of Justice has charged funeral homes in Chicago and Washington, D.C. with violating an FTC consumer protection rule designed to ensure that people have the information they need to compare prices and buy only the funeral services and goods they want. The FTC’s complaints are based on inspections by FTC staff posing as consumers seeking to make funeral arrangements. The FTC conducts undercover inspections every year to ensure that funeral homes are complying with the Funeral Rule. All funeral homes found with significant violations are offered a chance to enter a three-year training program designed to increase compliance, as an alternative to possible legal action that could otherwise lead to a court order and civil penalties of up to $16,000 per violation. The FTC seeks civil penalties against the two funeral homes being sued, Carter Funeral Chapels, Ltd. and B.K. Henry Funeral Chapel, Inc., because they allegedly violated the FTC’s Funeral Rule by failing to provide consumers with itemized price lists. Among other things, the Rule requires funeral homes to provide consumers with an itemized price list at the start of an in-person discussion of funeral arrangements, as well as a casket price list before consumers view any caskets. The Rule also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service. The FTC alleges that Harry J. Carter III, doing business as Carter Funeral Chapels, Ltd., of Chicago, provided neither a general price list nor a casket price list during two inspections, as required by the Rule. The complaint against B.K. Henry Funeral Chapel of Washington, D.C., and its owners, Brian and Lisa Henry, alleges that they failed to provide a casket price list during two inspections. The cases are part of the FTC’s longstanding efforts to make sure consumers are treated fairly when going through the difficult process of arranging a funeral.In 2010, undercover inspections of funeral homes in eight states found significant violations in 35 of the 126 homes inspected: In Santa Clara County, California, significant violations were found at one of 11 funeral homes inspected; In Wilmington and Newark, Delaware, seven of 17 funeral homes inspected had significant violations; In Louisville, Kentucky, three of 32 funeral homes inspected had significant violations; In the New York Tri-State Region (Connecticut, New Jersey and New York), six of 25 homes inspected had significant violations; In Greensboro and Charlotte, North Carolina, seven of 16 funeral homes inspected had significant violations; In Corpus Christi and Lubbock, Texas, 11 of 25 funeral homes inspected had significant violations. These funeral homes will participate in the training program known as the Funeral Rule Offenders Program (FROP). The FROP program is run by the National Funeral Directors Association and provides participants with a legal review of the price disclosures required by the Funeral Rule, and ongoing training, testing and monitoring of their compliance. Funeral homes that participate in the FROP program must make a voluntary payment to the U.S. Treasury in place of a civil penalty, and pay annual administrative fees to the Association. Since the FROP program began in 1996, the FTC has inspected more than 2,400 funeral homes and found that 396 were significantly out of compliance with the Rule. In conducting its annual enforcement sweeps, the agency has received assistance from several state attorneys general. This year, the FTC wishes to thank Kentucky Attorney General Jack Conway and his staff for their invaluable assistance. In addition to the significant violations turned up in this year’s inspections, the FTC identified several funeral homes with minor compliance problems. In this situation, the FTC requires funeral homes to prove that they have corrected the problems. The FTC educates consumers in English and Spanish about their rights under the Funeral Rule, and provides guidance to businesses in how to comply. During 2010, more than 140,000 consumers and businesses ordered copies of these publications – Paying Final Respects: Your Rights When Buying Funeral Goods & Services, Funerals: A Consumer Guide, andComplying with the Funeral Rule – or viewed them at www.ftc.gov. The Department of Justice filed the two complaints on behalf of the Commission in the U.S. District Court for the Northern District of Illinois and the District of Columbia, respectively. The defendants in these cases are not participating in the FROP program. The Commission votes to refer the complaints to the DOJ for filing was 5-0. NOTE: The Commission refers a complaint to the DOJ for filing when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints are not a finding or ruling that the defendant has actually violated the law. The cases will be decided by the court. The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook and follow us on Twitter. MEDIA CONTACT: Frank DormanOffice of Public Affairs202-326-2674 STAFF CONTACT: Craig TregillusBureau of Consumer Protection202-326-2970 Regards, Pat Patricia Dreckmann National Funeral Directors Association (NFDA) 13625 Bishop's Drive Brookfield, WI 53005-6607 800-228-6332 Direct: 262-814-1559 Fax: 262-782-7092 or 262-789-6977 pdreckmann@nfda.org   2011-07-22T20:05:23+00:00 http://tfda.com/index.php/site/change_in_dress_code_for_military_honors_funerals/ http://tfda.com/index.php/site/change_in_dress_code_for_military_honors_funerals/#When:20:51:31Z Due to the Extremely Hot weather that is being experienced all across the country, the following information is being distributed by the Military regarding dress code for Military Honors Funeral Services.  See below:   UNCLASSIFIED// THIS MESSAGE HAS BEEN SENT BY THE PENTAGON TELECOMMUNICATIONS CENTER ON BEHALF OF DA WASHINGTON DC//DAPE-HRI//   SUBJECT: SERVICE DRESS TROPICAL (CLASS "B" W/RIBBONS) UNIFORM   1. THE PURPOSE OF THIS MESSAGE IS TO INTRODUCE AND CATEGORIZE THE ARMY'S SERVICE DRESS TROPICAL UNIFORM (CLASS "B" W/RIBBONS) AS A CLASS "A" EQUIVALENT UNIFORM FOR HOT WEATHER WEAR. IT WILL SERVE AS APPROPRIATE WEAR FOR PARADES, CEREMONIES, REVIEWS WHEN SPECIAL HONORS ARE BEING PAID, AND OFFICIAL VISITS OF US OR FOREIGN DIGNITARIES. THE UNIFORM IS INTENDED FOR SEASONAL HOT WEATHER WEAR ONLY AND IS NOT APPROPRIATE FOR WEAR OUTSIDE OF HOT WEATHER CLIMATES. LOCAL COMMANDER'S WILL DETERMINE THE PERIOD OF WEAR FOR THIS UNIFORM.   2. THE SERVICE DRESS TROPICAL UNIFORM (CLASS "B" W/RIBBONS) CONSISTS OF THE FOLLOWING ITEMS:   - WHITE SHORT SLEEVE SHIRT (STANDARD ISSUE OR LAYFLAT COLLAR) WITH ACCOUTREMENTS AS WORN ON THE ASU JACKET; W/O NECKTIE OR NECKTAB - ASU TROUSERS, LOW WAIST WITH BELT LOOPS (MALE SOLDIERS) - ASU SLACKS, LOW WAIST (FEMALE SOLDIERS) - ASU SKIRT (FEMALE SOLDIERS)   3. IN LIEU OF WEARING ALL AUTHORIZED RIBBONS, SOLDIERS HAVE THE OPTION OF WEARING THREE AUTHORIZED RIBBONS ON THE SERVICE DRESS TROPICAL UNIFORM ONLY. SELECTED RIBBONS MUST BE WORN IN ORDER OF PRECEDENCE (AS AN EXAMPLE: SILVER STAR, BRONZE STAR MEDAL, PURPLE HEART).   4. THE BADGES AND INSIGNIAS CURRENTLY AUTHORIZED FOR WEAR ON THE ASU ARE AUTHORIZED TO BE WORN ON THE SERVICE DRESS TROPICAL UNIFORM.   5. THOSE BADGES AND INSIGNIAS AUTHORIZED FOR WEAR ON THE ASU ARE OUTLINED IN ALARACT MESSAGE 202-2008 LOCATED AT (WWW.ARMY.MIL/ASU).   6. THE ARMY ENCOURAGES SOLDIERS AND LEADERS TO BEGIN WEARING THE SERVICE DRESS TROPICAL UNIFORM IMMEDIATELY IN HOT WEATHER CLIMATES.   7. THIS MESSAGE HAS BEEN AUTHORIZED BY THE ARMY G-1.   8. HQDA POC FOR UNIFORM WEAR POLICY IS SGM KATRINA EASLEY, KATRINA.EASLEY@CONUS.ARMY.MIL, DSN 664-0620, (703) 604-0620.   9. EXPIRATION DATE CANNOT BE DETERMINED. 2011-07-18T20:51:31+00:00 http://tfda.com/index.php/site/us_adds_formaldehyde_to_list_of_carcinogens/ http://tfda.com/index.php/site/us_adds_formaldehyde_to_list_of_carcinogens/#When:19:37:41Z  Monday, 13 June 2011 20:46 Washington - The government on Friday added formaldehyde, a substance found in plastics and other commonly used products, to a list of known carcinogens and warned that the chemical styrene might cause cancer. In a report prepared for the Secretary of the Department of Health and Human Services (HHS), scientists warned that people with higher exposure to formaldehyde were more at risk for nasopharyngeal cancer, myeloid leukemia and other cancers. “There is now sufficient evidence from studies in humans to show that individuals with higher measures of exposure to formaldehyde are at increased risk for certain types of rare cancers …,” the Report on Carcinogens said. Formaldehyde is a colorless, flammable, strong-smelling chemical widely used to make resins for household items, such as composite wood products, paper product coatings, plastics, synthetic fibers, and textile finishes. It is also commonly used as a preservative in medical laboratories, mortuaries, and some consumer products, including hair straightening products. The report, produced by the National Toxicology Program (NTP), also added styrene to the list of substances that were reasonably anticipated to be human carcinogens. Styrene is a synthetic chemical used in the manufacture of products such as rubber, plastic, insulation, fiberglass, pipes, automobile parts, food containers, and carpet backing. The greatest exposure to styrene in the general population is through cigarette smoking, the report said. The American Chemistry Council (ACC), an industry group, lashed out at the report, saying it was concerned that politics may have hijacked the scientific process. “Today’s report by HHS made unfounded classifications of both formaldehyde and styrene and will unnecessarily alarm consumers,” Cal Dooley, president and CEO of the ACC, said in a statement. Jennifer Sass of the National Resources Defense Council, a U.S. environmental group, praised the government for publishing the report in the face of what she described as pressure by chemical companies to prevent its release. “The chemical industry fought the truth, the science, and the public — but, in the end our government experts came through for us, giving the public accurate information about the health risks from chemicals that are commonly found in our homes, schools, and workplaces,” Sass wrote in a blog. The report also listed aristolochic acids, found in some plants, as a known carcinogen and added the fungicide captafol, some inhalable glass wool fibers, cobalt-tungsten carbide, riddelliine and o-Nitrotoluene to the list of substances reasonably anticipated to be carcinogens. It, however, said listing the substances did not in itself mean they would cause cancer. Amount and duration of exposure, and susceptibility to a substance were among the many factors that affected whether a person developed cancer, it said. The report is available at http://ntp.niehs.nih.gov/go/roc12 Health 2011-06-17T19:37:41+00:00 http://tfda.com/index.php/site/a_new_telephone_scam_targets_your_clients/ http://tfda.com/index.php/site/a_new_telephone_scam_targets_your_clients/#When:19:24:22Z This is perhaps the most sinister scam that TFDA has heard of since the telephone and e-mail scams began over 5 years ago. A family is contacted by an individual claiming to work for the funeral home and rudely informs them that they have a balance due on their loved one’s funeral.  They are asked to pay immediately by credit or debit card.  Our guess is that they get the funeral home information from the obituary and the phone number from the telephone or internet phone directories because the funeral home would not release this information. Please warn your families, when you are making arrangements, not to be taken in by this scam.   The family who reported this had paid in full, but someone who did have a balance might actually pay.  Not only do they get taken, but the funeral home gets a bad reputation.  This has started in West Texas, but we know that once a scam takes hold, it travels across the state.  Here is a link to a companion article on FSN Funeral Homes website.  They have added some tips for consumers and funeral homes.  http://www.fsnfuneralhomes.com/articles/scam-grieving-families/ 2011-06-17T19:24:22+00:00 http://tfda.com/index.php/site/tfsc_to_face_budget_cuts_in_next_biennium/ http://tfda.com/index.php/site/tfsc_to_face_budget_cuts_in_next_biennium/#When:00:00:29Z When the 82nd Texas Legislature convened on January 11th of this year, Chet Robbins, executive director of the Texas Funeral Service Commission and his staff had already spent hours preparing for the significant budgetary challenges.  The next hurdles for Robbins and the Commission will come February 24th, when the senate finance committee meets under the chairmanship of Sen. Steve Ogden of Bryan. "We will be attending budget hearings," said Robbins, "because of the challenges all Texans are facing...and we are expecting cuts, as are all other state agencies." Robbins said he, TFSC's accountant and other staff members had previously met with staff from the Texas Legislative Budget Board.  "They heard our concerns and came out with recommendations which were submitted to the legislature.  That's a starting point," Robbins explained.  "The board recommended we be reduced from a staff of 13 to a staff of 12 and that our funding be reduced from $700,000 to $695,000.  But, it is important to remember that since March of 2010, we've given up over 10% of our funding, which is in the neighborhood of $80,000."  The Texas Legislative  Budget Board, a major agency of our state government, makes recommendations for all state agencies, including Health and Human Services, Medicaid and many others.  Robbins said the agency's responsibility for state spending is a huge one and the agency holds significant importance in the operation of the state.     In exploring the possibilities regarding what might come out of Sen. Ogden's committee, Robbins believes that every agency in the state will continue to tighten their belts.  "I believe, however, that we can make it at the Commission, barring any other unexpected issues," he said.  "We know it won't be easy and there'll be nothing left over.  There will be no merit increases for staff, but will all be able to keep our jobs. "If they take more than we are currently expecting, it will be more difficult," he continued.  "I'm hoping the legislature will accept the OBB's recommendation as it is without requiring furloughs, further staff cuts and further funding cuts.  There are a lot of options out there, but we just don't know at this point. "If it is left like it is now with the OBB's suggestions on the table, we will be able to maintain.  We won't receive any moneys for upgrading our computer systems or other capital expenditures, but the TFSC will still function if the legislature goes along with the OBB's recommendation.  We're prepared to take up the slack where necessary.  We've figured it out," Robbins said. The Commission will not know, for sure, until the Legislature adjourns in June, exactly what the budget will be.  Robbins said he would probably have some idea of the final budget in mid-May, however. "Our money comes from the legislature," the TFSC executive director pointed out.  "We're appropriated this funding.  That being said, the monies from licensing and disciplinary actions goes into the state's general revenue fund.  It is not kept by the Commission.  To assist the TFSC in remaining within its budgetary limits, Robbins encouraged all Texas funeral directors to renew their licenses on time and to obey the law so that the Commission will not have to use resources in these areas.  "If everyone complies with the rules and laws of the commission, we won't have complaints and we can save money," Robbins said.   My Profession 2011-02-05T00:00:29+00:00 http://tfda.com/index.php/site/wreaths_across_america/ http://tfda.com/index.php/site/wreaths_across_america/#When:13:58:08Z Texas Funeral Directors Association participated in a ceremony at the state capital honoring those who have served in our nation's military.  If you have served, please accept the heartfelt gratitude of all of Texas Funeral Directors Association's members.  We shall not forget.  Note:  Please click "more" to see video from this event.  It will take a moment to load before playing, please be patient. 2011-01-29T13:58:08+00:00 http://tfda.com/index.php/site/prosecutors_poised_forming_the_court_battle_following_nps_indictments/ http://tfda.com/index.php/site/prosecutors_poised_forming_the_court_battle_following_nps_indictments/#When:23:20:49Z ST. LOUIS – – While many funeral service observers reacted to last month's news of the 50-count indictment handed down against six controlling officers of National Prearrange Services (NPS) with an exasperated "it's about time," others speculated on the cases long-term ramifications for the profession.   Among the charges levied against Randall Sutton, Sharon Province, Doug Cassity, Brent Cassity, Howard Wittner and David Wulf were wire,  bank, mail and insurance fraud; money laundering; and multiple conspiracy charges involving the sale of prepaid funeral services.   Meantime, funeral homes in 19 states that contracted through NPS left make up the shortfall for the contract holder died.   William Stalter, an Overland Park, Kansas attorney whose key areas of practice include death care law and treaty compliance, said that despite overwhelming evidence of in NPS misconduct, he expects the case against Doug Cassity to go to trial.   "The Cassity legal team will challenge the federal prosecutors on the interpretation of key sections of Missouri's pre-need law," Stalter said.  "One such section of the prior law provided exculpation of the pre-need fiduciary.  That law enabled the preneed seller to appoint an investment advisor when the trust assets exceeded $250,000.  Under those circumstances, the fiduciary  was then relieved of all liability regarding investment decisions.  While the parties will brief the issue of whether the investment advisor must be independent of the premium seller, the issue could come down to whether the exculpation of the pre-need fiduciary violates public policy and is void."   According to Stalter, the circumstances surrounding the Missouri attorney general's 1992 lawsuit against NPS and the subsequent actions of the State Board of Embalmers and Funeral Directors will play out in pleadings and trial testimony.   "The Missouri law in effect during those years was rife with ambiguities and limited the Atty. Gen.'s authority to bring actions against preneed sellers," Stalter explained.  "The state board would have to refer matters to the attorney general for prosecution.   "In PS understood the loss weaknesses and exploited the company actively sought the appointment of funeral home clients to the state board," he added.  "I anticipate that the evidence may show that NPS received the state board members.  However, evidence regarding special financial arrangements may prove embarrassing to some."   Added Stalter, "the defense may have few options but to play the card that was purchased with political contributions and to threaten a very public and messy trial but too much is at stake for prosecutors, regulators and the funeral industry."   The upcoming trial in U.S.  District Court, Eastern District of Missouri, Eastern Division, could determine the fate of those firms that were heavily invested in NPS.  According to Dan Isard, president of The Foresight Company, funeral homes holding contracts with NPS are getting paid 80% of the original base amount of the contract, "and that only because the state of Missouri claimed that this was an insurance company failure and not fraud," Isard said.  "The issue is if the NPS trial takes place tomorrow and if the defendants are convicted, the question becomes whether the State of Missouri would at that point tell the insurers or co-insurers that are making the default repayments that this is not about insurance fraud but outright theft and therefore they will not underwrite that.  This is a huge to-be-determined."   The way Isard sees it, if the average funeral home had 1 to 2 years of its average revenue in preneed and now is not going to get paid on it, that would account for 15-20 percent of its total revenue in the course of the year for an entire generation. "If that is the case, and its profit margin is 5% to 10% to begin with, we will see funeral homes going out of business," Isard said.   Stalter acknowledges that the same issue of continued coverage by the insurance guarantee Association is crucial to Missouri's NPS providers and the industry at large.  "However, Missouri's regulators asserted from the outset that in PES has committed fraud," Stalter said.  "Those regulators are keenly aware of what the impact on Missouri funeral homes would be if the guaranty coverage were terminated.  But the regulators main concern has to be for the welfare of the consumer, not the funeral homes' profit margin.  The reality is that if there is no payment on NPS contracts, some funeral homes will go out of business and others will stop honoring their NPS contracts.  Consumers will complain to their legislators, and Missouri will be looking for new answers."   The 108 page indictment states that after taking into account insurance and trust assets expected to be available to pay for future funeral services and merchandise under prearranged funeral contracts sold by NPS, the loss to purchasers, funeral homes and state insurance guarantee associations will range from $450 million to $600 million.   If convicted, the maximum penalties for each of these charges range from 5 to 30 years in prison and/or from $250,000 to $1 million.   Two of the six were previously indicted.  Sutton, former chief financial officer, president and director of NPS, and Province, office manager, assistant secretary and president of NPS Inc., who also held vice president positions at other companies owned by Cassity, were charged a year ago on nine felony counts, including mail fraud and money laundering.   Source:  NFDA's "The Director" - January 2011 issue My Business, My Profession 2011-01-27T23:20:49+00:00