Death – Donald Death Jr., that is – stole a fortune from a Long Island cemetery and used the money to better his own life, authorities said yesterday.
The 60-year-old man – who lives on Underhill Road (no joke!) in the upscale enclave of Locust Valley – was arrested yesterday and charged with grand larceny after he took $293,000 in cash and services from the Locust Valley Cemetery Association.
Nassau County prosecutor William Wallace said Death – as chairman, CEO and assistant treasurer – was able to write $170,000 in checks from the graveyard’s account to his firm, Harbor Fuel Co., then transfer the money to his private checking account.
Then he wrote checks to cash, paying his bills from real estate taxes, a mortgage, country club dues, limousine rides and credit card bills, said Wallace.
An annual audit uncovered the eight-year scheme.
He is also charged with using a cemetery employee to provide free landscaping and other work at properties owned by Death and his dad, Donald Death Sr. – who died last year.
The total amount of the loss was $293,070.46, which Death – who resigned from the cemetery board – has already repaid, said Wallace.
When fellow board members of the 120-year-old cemetery asked Death about recent checks from Harbor Fuel to the cemetery, Death claimed they were “interest payments on an investment” made by the cemetery.
When the board discovered Death made the “investment” to himself, they hired an outside auditor, who uncovered the fraud.
Death was arraigned on grand larceny charges yesterday in Hempstead, where a judge released him without bail.
“Every dime has been paid back,” said his lawyer, Melvyn Roth. “No one has been left without a cemetery plot or upkeep. I’m disappointed the DA decided to file charges.”
Roth said Death “borrowed” the money because his heating oil company was in financial trouble. “There was no criminal intent here.”
But Wallace said that Death “paid it back only after it came to light.”
Roth said his client has been married for 34 years, has two adult children, and no prior arrest record.
Philip Killian, lawyer for the association, said “the cemetery was not out for blood” and the decision to charge Death was made by the DA.
He “is really the last guy in the world you would think would do something like this,” said Killian.
Killian also said Death’s last name was awkward when dealing with the public on cemetery business: “We could never have him sign a letter because people would think we were making a sick joke.”
(p. 5 in metro and sports extra)