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Burkes plead not guilty

Published Wednesday, February 4, 2004 in the Nevada County Picayune

FORT SMITH  Richard and Nancy Burke made their initial court appearance Friday, Jan. 23, entering a plea of not guilty on a 20-count indictment.

The indictment stems from charges levied against them alleging they embezzled funds from Shackelford Funeral Home in Prescott, starting in 1999. Shackelford is owned by Horne Funeral Home Services, Inc., of Ashdown.

The Burkes are scheduled to go to trial Monday, March 22, at 9 a.m. They will appear before Federal Judge Harry Barnes in Texarkana.

Should they be convicted, according to a release from Tom Gean, with the U.S. Department of Justice, they face up to 30 years in prison and a fine of $1 million.

According to a press release originally issued by Gean, the Burkes were each indicted by a federal grand jury on nine counts of obtaining monies by means of false and fraudulent representations; nine counts of obtaining monies and credits under the control of financial institutions by means of false representation; and two counts of embezzling funds by illegally diverting monies.

According to Gean, Richard and Nancy Burke worked respectively as director and assistant director of the Shackelford Funeral Home in Prescott. In addition, according to Gean, Nancy Burke sold annuity contracts through the funeral home for First Guaranty Insurance Co.

According to the press release, "the indictment (against the Burkes) alleges that beginning in March 1999 and continuing through Jan. 2003, Richard and Nancy Burke, aiding and abetting each other in their employment at Shackelford Funeral Home, illegally diverted to their own personal use business receipts paid by customers to the funeral home."

The release further states the Burkes, "covered up this embezzlement by mailing false accounting records to their corporate headquarters in Ashdown and committed bank fraud by falsely endorsing checks made payable to the Shackelford Funeral Home which were deposited into their personal bank accounts."

The case against the Burkes was investigated by the Federal Bureau of Investigation (FBI).

The press release states a federal indictment is a form of accusation and is not evidence of guilt. The defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.


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