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Comptroller Dan Hynes today ordered his staff to begin license revocation proceedings against the owner of historic Burr Oak Cemetery, Perpetua Holdings of Illinois, Inc.
"The actions of the employees at Burr Oak are a horrific betrayal of all of the individuals who are buried here and their families. It is difficult enough losing a loved one. Families shouldn't have to go through the pain, suffering and uncertainty of losing them twice," Hynes said.
The revocation actions will remove the cemetery's authority to accept funds for the care of a cemetery and to conduct pre-need cemetery and funeral sales.
"The situation at Burr Oak Cemetery is unconscionable. The massive frauds that were perpetuated on consumers are intolerable," Hynes said in the notification letter to Perpetua CEO Melvin Bryant. "While the owner of Burr Oak alerted authorities and has been cooperating in the investigation, as the owner, he's ultimately responsible for the actions of his employees and those egregious actions warrant this revocation," Hynes said.
The Comptroller's Office is continuing to work with the sheriff's office to compare the records we have regarding the trust funds with the documentation his office is collecting from consumers and individuals who have family and friends buried at the cemetery.
"To the best of our knowledge, monies that consumers gave Burr Oak for future cemetery needs are safe," Hynes said. "Given the criminal conduct at the cemetery, we are investigating further."
The Comptroller's Office has limited legal authority over cemeteries, specifically focusing on consumer funds accepted by the cemetery that may be held in trust. The office licenses all funeral homes and cemeteries that sell arrangements in advance of death to ensure proper safeguards are taken with the consumers' monies. The office requires annual financial reporting and conducts audits to ensure financial compliance. Local government, religious and fraternal organization cemeteries register with the office, but are not licensed or audited by the office because state law specifically exempts them.
In Hynes' first term he held hearings around the state regarding consumer concerns about the death care industry. An outgrowth of those hearings lead to legislation that strengthens regulations and protections for consumers. Lack of maintenance was a common concern at those consumer hearings. Hynes proposed legislation that would have given the state authority over cemetery maintenance by specifically requiring a minimum level of care. That proposal was strongly opposed by the cemetery lobby and was not approved by the Legislature.
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