08/27//03 - Lawyers Find Fraud At Menorah Gardens During Wednesday Morning Exhumation - Graves Sold Twice - Sci Falsifies Documents Just Weeks Ago

Lawyers Find Fraud At Menorah Gardens During Wednesday Morning Exhumation - Graves Sold Twice - Sci Falsifies Documents Just Weeks Ago

For More Information Contact:
Ted Leopold at (561) 371-1369 (Cell)
Or Kyle Zimmer or Cara Kadyszewski at WPO/PR 561-626-0026, ext. 17 or 19 or
Kim Sailer at 561-684-6500 - Ricci~Leopold offices

August 27, 2003

WEST PALM BEACH, Fla. - Dozens of area families have filed suit against Menorah Gardens and its parent company Service Corporation International (SCI). Most recently two SCI manages were charged with felonies by the Florida Attorney General's office. Moreover, SCI agreed to a settlement with the Attorney General's office that fined the company more than $14 million.

This morning (Wednesday, August 27, 2003), Ted Leopold of the West Palm Beach firm Ricci~Leopold, P.A. began an investigation on behalf of the more than 60 families that the firm represents in suits against Menorah. Over the course of the next several months, the firm along with examiners will be exhuming remains, examining plots for the appropriate space between graves, checking vaults and continuing with a thorough examination of grounds and records.

"We know that many things have already been found in conjunction with the fraudulent and illegal activities at Menorah Gardens," said Leopold. This morning Leopold and his team found that Menorah Gardens had falsified documents as recently as August of this year. Additionally, they had sold cemetery plots to more than one family, and that graves for a particular family that is part of the suit were not where cemetery officials had mapped that they were supposed to be amongst other things. During an exhumation and land examination held at 10 a.m. all of these things were uncovered. "This is just the first grave we have looked into, there are dozens more to examine," said Leopold.

"Human remains have been found in the woods adjacent to the cemetery in Palm Beach Gardens. What we are doing is taking this family-by-family and ascertaining if their loved one is buried in the right grave, if the burial plot is the right size - as identified in purchase agreements and if the grave has been in any way disturbed. Obviously, we hope that we can provide some assurance to these families as this examination goes forward, however, the amount of grief, mental anguish and constant worry has been haunting them now for more than a year. It appears that no matter what are findings may be, the damage has been done with all of these families emotionally and in many instances has taken a physical health toll on these folks as well. Many of them are elderly and simply can't and should not have to withstand this emotional torture that SCI continues to inflict upon them."

The civil suit that Leopold has filed on behalf of the more than 60 families states a number of claims against Menorah Gardens/SCI which include secretly breaking and opening burial vaults and dumping remains in a wooded area where they may have been consumed by wild animals; burying remains in locations other than those purchased by families; crushing burial vaults in order to make room for other vaults; burying remains on top of the other remains rather than side-by-side; secretly mixing body parts and remains from different individuals'secretly allowing plots owned by one party to be occupied by a different person; secretly allowing graves to encroach on other plots; selling plots so narrow that the grave could not accommodate industry standard burial vaults; desecrating graves and markers while failing to exercise reasonable care in handling the plantiff's loved ones remains.

"The Attorney General's office has already determined that Menorah Gardens/SCI have broken the laws. There is no question about what has been done now, what seems to be most pressing is how extensive is this fraud, and will these families ever be able to really now if their loved one is where they should be at the cemetery, and if not, where are the remains," added Leopold. "We are trying to get some answers but it takes more than one-half day to examine graves, vaults and sometimes remains to ascertain anything. This is a slow process for these families. Ironically, more problems with SCI cemeteries and business practices continue to surface. We are doing what we can for these families, and it is all we can do - the emotional damage is done and continues, my hope is that consumers will be alert to these issues when doing any business with an SCI owned/managed cemetery or funeral home. This company uses a trademark of Dignity Memorial. There is no dignity in the way they have treated these families," he concluded.

Theodore J. Leopold is a partner in the law firm of Ricci~Leopold, P.A. The firm founded in 1982, has six attorneys and is headquartered in West Palm Beach, Florida, with offices located at 1645 Palm Beach Lakes Boulevard Mr. Leopold can be contacted at 561-684-6500. Additional information may be obtained from the firm's website at www.riccilaw.com. A copy of the complaint is available on the firm's website - click "News, Updates & Newsletter" on the menu bar at the right on the firm's homepage, then "Complaint Against Menorah Gardens."

Mr. Leopold as well as several of the plaintiffs in the suit are available for interviews at the Ricci Leopold offices. He is on-site through approximately 12 noon at Menorah Gardens today (9321 Memorial Park Road, West Palm Beach) To schedule interviews in-office interviews please contact Kim Sailer at Ricci *Leopold, 561-684-6500.