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State Makes Major Breakthrough in Addressing Consumer Complaints against 28 Cemeteries Seized from Indian Nation, LLC DLEG, Attorney General, and Court-Appointed Conservator Working to Ensure that Investments are Protected and Secure

Contact:  Lori Donlan 517-373-9280
Agency: Licensing and Regulatory Affairs


FEBRUARY 1, 2007 - Department of Labor & Economic Growth Director Robert W. Swanson and Attorney General Mike Cox announced today that thanks to the State's prompt action, 97 orders of markers, monuments and headstones were delivered today for distribution to Indian Nation, LLC cemeteries, formerly managed by Clayton Smart. Installation will begin as soon as the weather permits. An additional 435 orders placed by cemetery consumers should be filled within approximately 90 days.

"Many consumers have been waiting for merchandise and services from these cemeteries and we are pleased that the placement of headstones for their loved ones can begin," said Swanson. "Additionally, all new orders will be shipped in the normal course of business without any delay."

Swanson said consumers should now have confidence that any money paid for orders made through the cemeteries will go exclusively toward fulfillment of those orders. Money is being properly trusted in accordance with Michigan law.

"Our goal is to make sure that consumers receive the goods and services that they are entitled to," said Cox. "This is just a start, but I want to thank DLEG and my staff for their hard work in making progress to resolve this situation."

Matthews Bronze (a division of Matthews International Corporation), the cemeteries' primary supplier of monuments and bronze products, experienced months of difficulty in getting bills paid by the prior owner. Matthews Bronze has been the world's leading supplier of cast bronze memorialization products since 1850.

"Matthews is pleased to be working directly with Mark Zausmer, the conservator, to satisfy the memorial needs of the families involved," said Dave Hewitt, president of Matthews Bronze Division.

The cemeteries have met immediate financial obligations and have begun the process of stabilizing the situation created by mismanagement of the prior cemetery owners. The situation has dramatically improved and stabilized after the Cemetery Commissioner Andrew L. Metcalf and court-appointed Conservator Mark Zausmer stepped in following a temporary injunction which allowed them to take over the cemeteries' day-to-day operations. Stabilizing the financial situation of the cemeteries has been recognized in the industry.

 "We are pleased that the Cemetery Commissioner took control of these facilities. It appears that significant progress has been made toward meeting the needs of consumers in this important industry," said Bert Edquist, director of the Michigan Cemetery Association.

Members of the public who have questions and concerns regarding the operations of the 28 cemeteries owned by Indian Nation, LLC, may contact the Cemetery Commissioner within DLEG's Bureau of Commercial Services at 1-866-913-3534, Monday through Friday, 8:00 a.m. - 5:00 p.m., email BCSCEMETERIES@michigan.gov or fax 517-241-9392.

Read more Michigan Department of Labor & Economic Growth press releases

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