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Funeral home receives injunction from judge
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June 11, 2012
Charleston, West Virginia: The West Virginia Attorney General's Office has been investigating the Elk Funeral Home and its owner Billy Surratt.[1]
Kanawha Circuit Judge Paul Zakaib issued a preliminary injunction against the funeral home, which has allegedly sold at the very least $77,000 of pre-need contracts and then went on to improperly handle those funds. The preliminary injunction stops the Elk Funeral Home from selling more pre-need contracts for funeral services at this time.[1]
However, the West Virginia Attorney General's Office hopes to get a permanent injunction against the funeral home so that it may never sell pre-need contracts again and that full refunds will be made available for the victims of this case in a very timely fashion.[1]
"This isn't a case of 'oops.' Once you steal people's money, you give up the privilege of selling pre-need contracts," said attorney Chris Hedges, who is handling the investigation.[1]
According to investigators, Surratt broke state laws by failing to report sales of the pre-need contracts to the Attorney General's Office, as well as failing to report how those fund were held. A lot of the money was spent on unauthorized expenses and other funds cannot be accounted for. It is state law for 90 percent of the pre-need contract payments to be held in trust until funeral services are required.[1]
The victims of Surratt's wrong-doings were contacted by investigators after going through Surratt's books.[1]
Incentives have been put in place for Surratt to agree to refunds quickly. If he does not, waiting for a jury to decide the outcome could increase his liability for the crime.[1]
The hearing on June 6, 2012 attracted a lot of victims who were willing to testify, but an agreement was finally reached between the two parties, as to the terms of the preliminary injunction that is now in place.[1]
See also
Footnotes
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
