BREAKING NEWS

AG Hawley Obtains Judgment Against Herbert Miller, Kathleen Miller, and Miller Family Funeral Home for Defrauding Missouri Consumers


May 10, 2018, 10:16 AM
DateTime:
May 10, 2018, 10:08 AM

Jefferson City, Mo. – Missouri Attorney General Josh Hawley obtained a $372,561.04 judgment on behalf of 54 Missouri consumers who were defrauded by Herbert Miller, Kathleen Miller, and Miller Family Funeral Home.

Herbert and Kathleen Miller entered into contracts with consumers to provide pre-need funeral services and accepted upfront payments for those services. In 2016, the State Board of Embalmers and Funeral Directors suspended Herbert Miller’s license to act as a funeral director. Despite being legally unable to provide funeral services, Herbert and Kathleen Miller failed to return consumer funds intended for funeral services and refused to provide consumers with the information needed to access their funds. The Attorney General’s investigation revealed that Herbert and Kathleen Miller failed to deposit or retain consumer funds in trust accounts or joint accounts as required by their contracts with consumers. Instead, they diverted the consumers’ funds for personal use and concealed their actions.

The Perry County Circuit Court issued a default judgment ordering Herbert Miller, Kathleen Miller, and Miller Family Funeral Home to pay restitution of $238,255.88 back to consumers, $54,000 in penalties, and statutory costs and fees. Herbert Miller, Kathleen Miller, and Miller Family Funeral Home are also permanently enjoined from the funeral services business and from accepting payments before providing goods or services to Missouri consumers.

“Herbert and Kathleen Miller preyed upon their elderly friends and neighbors in their close-knit community,” Hawley said. “My office will not stand by while scammers take advantage of the elderly.”

The case was prosecuted by Assistant Attorney Generals Felicia Crawford-Randle and David Ma and investigated by Investigator Quinton Dalton. Missourians who believe they may have been a victim of a similar fraud are encouraged to file a complaint by calling the Consumer Protection Hotline at 800-392-8222 or by submitting a claim online.