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AUGUSTA - A funeral director who looted the burial trust funds of
scores of trusting families will be spending the next year in
jail.
Andrew L. Pratt, 53, of Windsor, the former owner of funeral
homes in Camden and Windsor, was sentenced to concurrent five-year prison
terms with all but one year suspended and four years probation on charges
of theft by unauthorized taking and theft by deception. He also was
ordered to make restitution of $144,491 to the families he swindled. Pratt
pleaded guilty to the charges last August.
Pratt was sentenced in
Kennebec County Superior Court on Wednesday. In handing down the
sentences, Justice Nancy Mills admonished Pratt for betraying the trust of
those who gave him money in advance for funerals. Mills said Pratt preyed
on people during the periods when they were at their most
vulnerable.
Although Pratt's attorney, Nathaniel S. Levy of
Brunswick, suggested that he receive a three-year jail term with all but
30 days suspended, Mills accepted the sentence recommended by Assistant
Attorney General Lara M. Nomani.
The case against the former owner
of Gray and Pratt Funeral Home in Windsor and Pratt and Laite Funeral Home
in Camden developed in 2001 when families who had paid for funeral
services in advance began to discover that the money they had set aside in
mortuary trust funds was missing. A subsequent investigation determined
that Pratt embezzled from as many as 90 separate accounts.
In the
sentencing memorandum filed with the court, defense attorney Levy
acknowledged that Pratt "made some serious errors" in the way he ran his
business during the late 1990s. Levy said Pratt eventually found himself
unable both to meet his overhead and expenses while maintaining his
standard of living.
Pratt began drawing from the trust accounts to
supplement his income and, in other cases, never set up the accounts but
simply pocketed the cash, Levy acknowledged. He said Pratt intended to pay
the money back.
"He never intended to harm his clients," Levy told
the court. He noted that even though he was stealing the money, Pratt
always managed to pay for funerals when his clients passed
away.
"He was in effect borrowing on the future," said
Levy.
Nomani described Pratt's behavior as a "persistent and
pervasive pattern" of misconduct. She noted that state law required Pratt
to deposit trust accounts within 10 days of their receipt and that
investigators found numerous occasions where he failed to follow those
provisions.
Besides the jail term and order of restitution, Justice
Mills noted that once Pratt leaves prison and begins serving his
probation, he must provide the state with:
. All asset and
financial information, including tax data.
. Not engage in any
nursing or funeral service business without being licensed by the state.
. Not work in any fiduciary company or hold any money held in
trust without permission from his probation officer.
. Any payments
from promissory notes must be applied to Pratt's restitution
obligations.
Before the resolution to his criminal charges, Pratt
agreed in December to class-action settlement of a civil lawsuit that
provided $250,000 to Camden-area families who were affected by his
duplicity. Pratt sold his home to pay the settlement.
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