WARREN, Ohio — The owners of two Mahoning Valley funeral homes could face about 20 years in prison each if convicted of charges involving the defrauding of the elderly involving the payment of funeral services.

The indictments of Robert P. McDermott and brothers Patrick and Robert McClurkin were unsealed Monday in Trumbull County Common Pleas Court.

The men have pleaded not guilty, and court records indicate that McDermott and Robert McClurkin each posted a $100,000 bond. Patrick McClurkin, however, remained in the county jail Wednesday morning, according to the Trumbull County Sheriff's Department.



They are scheduled to have pretrial hearings later this month, and the case is likely to extend deep into next year.

If convicted at trial, each faces lengthy prison terms. Each is charged with racketeering, grand theft and theft from an elderly person of more than $150,000, as well as the violations of accepting pre-needs funeral contracts. The charges of racketeering and theft from an elderly person are first-degree felonies.

The use of the racketeering statute by Trumbull County prosecutors is somewhat ironic: It is the same charge state and federal prosecutors used to dismantle the region's longtime mob base. But prosecutors repeatedly have used the charge as a way of attacking complex white-collar crime.

McDermott, 51, ran the Robert P. McDermott Memorial Home in Niles, while Robert McClurkin, 49, and Patrick, 47, had the McClurkin Funeral Home in Girard.

The charges stem from an investigation by the Ohio Board of Embalmers and Funeral Directors, who accused the businesses of accepting pre-payments for future funeral services and placing the money into accounts for the funeral homes and then spending it — rather than properly saving it for the customers' needs.

Under Ohio law, funeral directors must take the payments and place them in annuities, insurance policies or trusts. State law says funeral homes cannot collect the money until a person dies.

In documents, the state board estimated that the McClurkins defrauded customers out of about $400,000 between 2005 and 2012. Earlier this year, it suspended the funeral and embalmers licenses of the McClurkins. The state board has revoked the funeral license of McDermott and estimated that he defrauded customers out of about $150,000.

Attorney Harry DePietro, who represents Patrick McClurkin, and attorney Michael Scala, who represents McDermott, called the charges excessive.

DePietro said he believes there was poor paperwork and bookkeeping. He said there was no intent to steal money from people.