Fraud judgment issued against former Perryvile coroner

Missouri Attorney General Josh Hawley has obtained a $372,561 judgment on behalf of 54 Missouri consumers who were defrauded by former Perry County coroner Herbert Miller and his wife Kathleen.

Together, they operated the now-closed Miller Family Funeral Home in Perryville, Missouri.

Hawley's office announced the judgment Thursday in a news release.

Judge Michael Gardner issued issued a six-page default judgment in the Perry County Circuit Court case. The judge ordered the Millers and Miller Family Funeral Home to pay restitution of more than $238,000 to customers and to pay more than $134,000 in penalties, statuatory 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.

The release said the Millers entered into contracts with consmers for pre-need funeral services and accepted upfront payments.

In 2016, the State Board of Embalmers and Funeral Directors suspended Herbert Miller's license to act as a funeral director, according to Hawley's office.

The Millers filed for bankrpucy regarding their funeral home in February 2016.

"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 release said.

"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 state agency said in the release.

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

In 2015, Herbert Miller was convicted of felony financial exploitation of the elderly and theft of $25,000 or more. The crimes occurred while Miller was coroner.

Judge Benjamin Lewis sentenced Miller in December 2015 to two prison terms, but suspended the sentence and placed him on five years probation. The judge also ordered Miller to make restitution of $80,600.

But last November, the judge revoked Miller's probabation and ordered him to serve two concurrent seven-year prison sentences.

The judge's decision came after the Attorney General's Office filed a misdemeanor charge against Miller in Apirl 2017.

Missouri assistant attorney general Gregory Goodwin told the court while Miller was on probation "he stole more money from other people." Goodwin said, "This is willful miscondcut."

Quinton Dalton, an investigator with the Attorney General's Office consumer protection division, said last year at least 40 complaints had been received about "deceptive business practicess" involving Miller. Miller's attorney, Jason Tilley, had urged the judge not to send his client to prison, arguing his client was continuing to make restitution in the 2015 case.

But Lewis said in putting Miller on probabtion in 2015 "it was not my intention" Miller resort to stealing to pay restitution.

Lewis said he spoke to the jurors after the jury trial. He said they wanted Miller to serve prison time for his crime.

mbliss@semissourian.com

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