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Nassau County District Attorney Denis Dillon has announced that the DA's Criminal Frauds Bureau has arrested Donald Death, Jr., 60, of Locust Valley for stealing approximately $293,070.46 from the Locust Valley Cemetery Association.

According to Dillon, "Donald Death, Jr. was the chairman, CEO, and assistant treasurer of the Locust Valley Cemetery Association, Inc. He was the sole signatory on all bank accounts and exercised complete control over the finances of the association. Around mid-July of 2004 an audit of the Locust Valley Cemetery Association's financials was conducted. This audit revealed that the defendant, without approval or authorization, had written checks totaling $170,000 from the Cemetery Association's Fleet checking account to Harbor Fuel Co., Inc. where Death served as president, CEO, member of the board, and 54 percent shareholder.

"Further investigation by the Board of Directors of the Locust Valley Cemetery Association, Inc. and the Criminal Frauds bureau disclosed that from April of 1997 through October of 2004, Death, without approval or authorization, had recruited an association employee to provide landscaping and related work to properties owned by Death and his father at the expense of the association," said Dillon. "The estimated cost to the association for these services is $111,245.68. In addition, Death added a family member of his to the association's health and dental insurance plans, without approval or authorization, which cost the association approximately $11,824.78. The total amount of money diverted by Death from the Locust Valley Cemetery Association, Inc. for his benefit is $293,070.46.

"My office has determined that the board of directors of the Cemetery Association acted quickly in reporting the fraud," Dillon continued. "I would like to thank the association for providing complete cooperation during the course of this investigation."

Death has been charged with two counts of grand larceny in the second degree, a class C felony, and one count of grand larceny in the third degree, a class D felony. If convicted, he faces up to 15 years in prison. Death will be arraigned in District Court in Hempstead.

DA Dillon stated that the charges are merely accusations, and the defendant is presumed innocent until and unless proven guilty.


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