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Former funeral-home operator Robert McClurkin pays restitution for scheme, to serve 90 days in jail
By Ed Runyan
WARREN
Robert J. McClurkin, the older of two McClurkin brothers who ran the former McClurkin Funeral Home in Girard, will serve 90 days in the Trumbull County Jail starting Jan. 2 and another 90 days house arrest for a $450,000 scheme involving prepaid funeral arrangements.
McClurkin, 52, of South State Street in Girard, was sentenced Monday in Trumbull County Common Pleas Court on 11 convictions, including theft from an elderly person, grand theft, theft, tampering with records, forgery and violations of pre-need funeral contracts. He pleaded guilty in July.
He apologized for hardship the scheme brought to his victims and the amount of time it took state and local officials to investigate the crimes.
Prosecutors said the funeral home accepted $450,000 from customers dating back to 1996 to provide pre-paid funeral arrangements but failed to secure insurance policies or annuities or place the funds in trust for the customers. Instead, they used the money for other things.
On Monday morning, McClurkin paid $7,241, the last of the $157,241 in restitution he owed to about 30 customers, according to a document provided by the Trumbull County Adult Probation Department. An insurance company reimbursed the 42 other customers.
Judge W. Wyatt McKay told Robert McClurkin before sentencing that one of the reasons his crimes were so serious is that the victims were elderly.
The younger brother, Patrick McClurkin, 50, of Abby Street in Girard, was sentenced to 90 days house arrest and five years probation in May for his part in the scheme. He has paid $2,000 of the restitution.
Diane Barber, an assistant county prosecutor, said Robert was the most responsible of the two brothers for the scheme because he was the main operator of the funeral home.
Robert McClurkin also will serve 600 hours of community service and write a letter of apology to all of the victims of the scheme. He will serve five years’ probation and will get five years in prison if he violates the terms of his probation, Barber said.
The probation department determined the amount of restitution that Robert McClurkin was required to pay and provided the court with a complete list, complete with the address of each person and the amount owed to them.
In three cases, the person owed restitution could not be found and are still owed money. They are Joyce Acierno, $4,000; Shirley Edmund, $6,869; and Robert G. Smith, $3,000. Anyone with information that can be used to find these people is asked to call the probation department at 330-675-2531.
Many of the people who were victimized were owed about $10,000 each. One was owed $12,941, and others were owed as little as $1,500.
The McClurkin brothers were indicted in late 2013.