Former funeral director sentenced
Published 11:55 pm Monday, May 2, 2011
Former Legacy Family Funeral Services owner Matthew Purchase was sentenced in Berrien County Trial Court Monday to 60 to 240 months in prison for attempted racketeering and criminal enterprising and 12 to 60 months for attempted embezzlement of more than $20,000.
Eighty-two victims have been identified in the case.
Purchase was arrested in August 2010 on 15 felony charges after a preliminary audit of his Berrien Springs funeral home showed he may have embezzled hundred of thousands of dollars from customers who pre-planned services. As part of a plea deal Feb. 17, most of his charges were dropped.
If Purchase had produced the $268,509 owed to victims by Monday, he would have been allowed to withdraw his guilty plea to the two charges and instead plead guilty to two counts of embezzlement, one a five-year felony and the other a 10-year felony.
However, Purchase did not produce any restitution for his victims by his sentencing, claiming a sale of his funeral home as well as a deal with a “financial backer” fell through recently.
Purchase’s attorney, Tat Parish, asked that his client be permitted two to three more weeks to obtain restitution.
“I’ve been working incessantly for several months … in a manner to restore the money that was wrongfully taken from these families,” Purchase said to Judge Scott Schofield. “I ask for your mercy and understanding.”
“The backup plan did not come to fruition,” defense attorney Tat Parish said.
Prosecutor Steve Pierangeli lacked sympathy for the defendant.
“We’re here for a sentencing today,” he said. “He’s had eight months to put something together. We gave him numerous opportunities. The victims are here.”
The motion was denied.
The judge received nearly 90 letters supporting Purchase’s character and approximately the same number of victim impact statements.
Several victims spoke during the two-hour sentencing in the Niles courtroom.
Benton Harbor resident Ruby Thomas used Legacy to plan for her brother’s services.
“My brother was a hard-working man,” she told Purchase. “You caused unnecessary hardship.
“I feel sorry for your family,” she continued. “You have put a mark on every one of them. I feel the full sentence should be imposed.”
Former long-time pastor Frank Traficanto, 86, said he spent $12,000 for his wife’s services.
“We placed our confidence in him,” he said of Purchase. “It’s put hardship on me in more ways than one.
“It’s killed my confidence in a person I thought an awful lot of,” he said. “I will pray for you, I will not hold a grudge against you, but I will suffer because of your actions.”
Barbara Taylor pre-planned for her husband Larry’s funeral, and now she can’t access the obituary.
“My husband’s obituary is in the computers of Legacy,” she said through tears. “My husband cannot tell me about his life because his mind is gone.”
Some victims were forgiving; some expressed anger. Several recalled Purchase’s good reputation in the community and his involvement in his church.
Pierangeli said following the statements that “the court knows the path of damage this has caused,” adding that there is a difference between reputation and character.
“He’s a thief, judge. Flat out,” he said. “If he was really that committed to restitution, I’m sure he really could have scratched together some nickels and dimes.”
Parish defended his client on the basis that giving him an extended prison sentence — or any prison time at all — would make it harder for Purchase to come up with the restitution. He also said that Purchase’s medical bills would be a burden on the state.
Purchase was diagnosed with a rare cancer in 2006. Pierangeli pointed out that about $70,000 to $80,000 was taken from the funeral home before that time.
Parish asked the judge to impose a maximum 51-month sentence.
“I think Matthew understands better than anybody else what has happened,” Parish said. “If the state didn’t audit him … at his age, it might have worked out. That’s no excuse, but I think that explains what’s going on here.
“The cost to the state will be huge,” he said. “The cost to him is obvious. But the cost to the victims is also great. I think it’s important he has absolutely no criminal record.”
Purchase was allowed to make a statement before the sentencing, and turned to face his victims.
“From the bottom of my existence, I am so very sorry for what I have done to each and every one of you,” he said. “God entrusted me with a lot, and I completely blew it.
“While I did these terrible things, as Mr. Parish said, I never, ever intended for this to go wrong,” Purchase said.
He said he voluntarily gave up his professional funeral director license and will never work in the industry again. He then asked Schofield for the “opportunity to do the right thing.”
“When you make choices, when you think you are above the law … no one makes a fool out of God. Right now I am reaping what I sow.”
Schofield took more than 20 minutes to deliver his sentence, quoting stories from the Bible and asking those present to act accordingly when the sentence was delivered or they would be escorted to the parking lot. He held up a a DVD Willow Creek Community Church sent to him depicting the one of four times Purchase publicly repented his sins. He read part of a letter from the president of the Michigan Funeral Directors Association asking he impose prison time and from the victim impact letters.
“These are real people who suffered real harm,” Schofield said. “This was hard-earned money. It was the betrayal of trust that hurts the most.
“I tell people all the time, I’m not in the forgiveness business. I’m in the consequences business,” he said.
Schofield sentenced him to 60 to 240 months in prison for attempted racketeering and criminal enterprising, a 20-year felony; and 12 to 60 months for attempted embezzlement of more than $20,000, a five-year felony. He received 20 days of credit for time served.
Purchase was immediately taken into custody.
“I’m surprised and I’m highly disappointed,” Ruby Thomas said after the sentencing. “There was no self-esteem in him to be depleted. He deliberately decided to do this time and time again.”
Pierangeli commented after the sentencing that Purchase was given several opportunities to find money for the victims.
“I’m very disappointed he was not able to come up with any restitution,” he said. “I’m surprised he didn’t come up with anything.”
Asked if he believed Purchased when he said he promises to completely fulfill his restitution requirements, he said: “I’m not counting on it.”