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Media Contact: LARA Communications 517-373-9280
Email: mediainfo@michigan.gov?
February 22, 2017 – The Department of Licensing and Regulatory Affairs (LARA) has summarily suspended the prepaid funeral and cemetery sales registration of Jarzembowski Funeral Home, Inc., and the mortuary science establishment license of Jarzembowski Funeral Home in Detroit, and the individual mortuary science license of owner Thomas F. Jarzembowski. Formal complaints, Orders of Summary Suspension, and Notices and Orders to Cease and Desist were issued by LARA’s bureaus of Professional Licensing, and Corporations, Securities & Commercial Licensing (CSCL). The funeral home is located at 18957 W. Warren Avenue in Detroit, Michigan.
These actions resulted from an audit conducted by the CSCL Securities & Audit Division that found records associated with Jarzembowski Funeral Home, Inc.’s prepaid funeral sales contracts revealed multiple violations of the Prepaid Funeral and Cemetery Sales Act (the “Prepaid Act”), MCL 328.211 et seq., and the Occupational Code (the “Occupational Code”), MCL 339.101 et seq., including:
Failure to escrow almost $200,000 for prepaid funeral goods or services related to 43 prepaid funeral contracts.
Failure to deposit monies with an authorized escrow agent within 30 days of receipt.
Fraud, deceit, or dishonesty in the practice of mortuary science.
Jarzembowski Funeral Home has 60 days to either assign its existing prepaid contracts to another person registered under the Prepaid Act and notify the Department and contract buyers of the assignment within 30 days of the assignment, or to cancel the contracts and issue refunds to each contract buyer, providing copies of refund checks and correspondence to each contract buyer to the Department within 90 days. CSCL issued an Order to Cease and Desist against Mr. Jarzembowski and the funeral home requiring both to cease and desist from all mortuary science activities, including sales of funeral goods and services, with notification of the right to request a hearing within 30 days. If a person fails to comply with the order, the Department of Attorney General may apply in circuit court to enforce this order.
A person who converts funds paid pursuant to a prepaid contract to his or her own use or benefit other than as authorized by the Prepaid Act or who fails to escrow or trust funds according to the Prepaid Act is guilty of a felony punishable by a fine of $5,000 or imprisonment of not more than 5 years, or both, for each violation. A person who violates any other provision of the Prepaid Act is guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than one (1) year, or both, for each violation.
Members of the public who have questions or concerns regarding the operation of Jarzembowski Funeral Home may contact the Securities & Audit Division within LARA’s Corporations, Securities & Commercial Licensing bureau at 517-335-5237, Monday through Friday, 8:00 am – 5:00 pm, or by email at LARA-CSCL-Securities-Audit@michigan.gov.
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