BENTON -- Filbeck Cann & King Funeral Home owners Tim and Becky King last week had their licenses suspended by the Kentucky Board of Embalmers and Funeral Directors. But, Becky will still be allowed to practice.
During a hearing with the state board, it and the Kings entered an agreed order, with the following terms:
n Tim King's license is suspended for seven years and he shall not reapply for his license during that time. If he chooses to reapply after that time, he must first take and pass the Funeral Directors Laws Exam.
n Becky King's license is suspended and probated for five years, which allows her to continue to work on the condition she commits no further violations. She is also required to take and pass the Funeral Directors Laws Exam in June.
n Each must pay a $10,000 fine for a total of $20,000, which must be paid to the state board within 30 days of the agreed order.
The Kings, whose funeral home is in Benton, also agreed to be responsible for their own attorney fees and costs and not discuss or publicly state anything about the terms of the complaint or settlement.
Mark Bryant and Emily Roark of the Bryant Law Center in Paducah, who represent the couple, declined to comment.
The Kings are scheduled to appear before Graves Circuit Judge Timothy Stark, special judge in the case, on Aug. 14 for final sentencing. Recently, the couple entered guilty pleas to several charges including two counts of fraudulent insurance acts of $500 or less, Class A misdemeanors; two counts of fraudulent insurance acts over $500, Class D felonies; theft by unlawful taking over $500 but under $10,000, a Class D felony; and criminal possession of forged instrument, a Class D felony.
The guilty plea came after a year-long investigation by the Kentucky Department of Insurance in which a scheme to defraud customers of pre-paid burial policies surfaced.
Both Kings were sentenced to a five-year diversion, which Commonwealth's Attorney Mark Blankenship said means both have a five-year to-serve sentence on the shelf should they break the law again within the next five years. In addition, they have to complete all restitution payments before the sentencing Aug. 14, they both have to complete community service and both have to serve some time -- but the latter part is unique.
Because Tim King insisted he was "more culpable" in the crimes than Becky King, he requested to serve her 30-day jail sentence in addition to his. Blankenship said he left that decision to Stark and it was ultimately allowed.
Tim King will serve 60 days in the Marshall County Detention Center and because he's serving more jail time, will only serve 100 hours of community service. Becky King will serve 30 days home incarceration and 200 hours of community service since she's not serving any jail time.
The Kings have reportedly paid in excess of $300,000 in restitution and will pay another $62,000 before the Aug. 14 final sentencing. Bryant said Tim King's father provided "several hundred thousand dollars" to the Kings, who have also been liquidating marital assets to repay what they owe.