A funeral and cremation provider was accused of holding human remains hostage in order to make more money from grieving loved ones. The feds stepped in to stop it, and now, the companies have agreed to clean up their act.
Kevin Ozebek has tonight’s 7 Investigates.
We’ve seen movers demand more money before releasing customers’ belongings. But two companies were accused of keeping something much more precious; cremated ashes of people.
Rebecca Plett/attorney, Federal Trade Commission: “The defendants, we allege, either withheld or threatened to withhold the remains of a consumers’ loved ones.”
The Federal Trade Commission and Justice Department took aim at the online companies, they say, were acting as funeral services “brokers.”
Rebecca Plett: “The behavior as alleged is egregious and takes advantage of folks when they’re grieving. So it’s very serious.”
So serious, the feds sued Legacy Cremation Services and Heritage Cremation Provider last year, alleging they, “Mislead consumers about their location and prices.”
Rebecca Plett: “They held themselves out to be a local funeral home, both on their website and over the phone. But in reality, they’re not a local funeral home and they didn’t provide any funeral services themselves.”
The man behind the companies, Anthony Joseph Damiano, has deep ties to South Florida.
But people across the country, claim to be victims.
Kim Svercauski: “It’s like reliving her death over and over and over again.”
As 7News reported back in 2016, complaints were already piling up.
From Colorado,
Edward Svercauski: “The box that they came in had been thrown around, beat up.”
Kim Svercauski: “Just for her to be so disrespected and mistreated, it just wasn’t right.”
To Virginia,
Shawn Farris: “I’m not ordering a big screen TV from these individuals. They’ve taken my mother-in-law’s remains. They promised us that they cremated them, and we have no proof. And the gentleman that owns the company, AJ, got very hostile with me on the phone.”
“AJ,” is short for Anthony Joseph.
Carmel Cafiero: “Hi, Tony, A.J.”
Former 7News investigative reporter Carmel Cafiero caught up with him in Tamarac seven years ago.
Carmel Cafiero: “I’d like to talk to you about Heritage and Legacy.”
Long before Anthony Joseph Damiano went online, he and his father, Joe, who has since passed away, were both highly controversial figures in South Florida’s funeral industry. And for more than two decades, 7News followed their steps and missteps.
Joe Damiano once had a contract to transport bodies from crime scenes to the Miami-Dade Medical Examiner’s Office, but in 2001 got into trouble for his crematory.
State investigator: “The facility is not properly licensed to have any bodies here.”
And he was sued after taking bodies to a university to be used for embalming classes.
Carmel Cafiero: “What do you have to say to the families of the people who were embalmed without permission?”
And back in 2000,
State investigator: “We’re executing a search warrant.”
Investigators raided AJ’s Damiano’s Davie business.
They found unsealed, unlabeled bags of people’s ashes and burial contracts the state said he had no authority to sell.
State official: “Mr. Damiano will be out of the business for quite some time.”
But in recent years, AJ returned on the internet.
Florida funeral regulators posted an online alert about his companies and the feds sued.
Last month, that lawsuit was settled.
Damiano agreed to disclose their physical location and a general price list on websites, pay $275,000 in civil penalties and provide detailed information about third-party providers who are actually the ones handling the human remains.
Rebecca Plett: “So consumers can decide, ‘Is this a service I want to use, where I know that they’re not actually a local funeral home?’ or, ‘Do I want to shop someplace else?'”
It’s a decision no doubt some families across the country wish they could make again.
Kevin Ozebek, 7News.
CONTACT 7 INVESTIGATES:
305-627-CLUE
954-921-CLUE
7Investigates@wsvn.com
Damiano’s lawyers did not respond to our request for comment.
For more information:
FTC’s Funeral Rule
FL Funeral, Cemetery, and Consumer Services