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Published - Saturday, August 30, 2008

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Funeral director fined in misdemeanor case


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A funeral home director convicted of defrauding the state of public assistance funds for funeral costs was sentenced Friday to pay a $350 fine.

Dickinson Family Funeral Homes director Gary Sebranek, 58, of 6007 E. Robil Court, has 60 days to pay the $200 fine and $150 in court costs ordered by La Crosse County Circuit Judge Todd Bjerke or complete 20 hours of community service in lieu of the fine.

Sebranek pleaded guilty July 3 to one misdemeanor count of public assistance fraud for charging the family of a deceased Medicaid recipient for funeral and burial expenses while also submitting a claim to the state for $2,500 in public assistance funds in April 2006, according to the criminal complaint filed by the state Department of Justice. Restitution has been paid.

Assistant Attorney General Eric Defort and defense attorney Marcus Berghahn agreed to jointly recommend Sebranek pay court costs after considering his character, remorse, lack of criminal record and minimal recidivism risk. He also cooperated with the state throughout its investigation.

“Once this did come out, you did the right thing and apparently have not stopped doing the right thing since that point,” Bjerke said. “To some degree you should be commended, despite the fact that you should be condemned for the fraud that you committed.”

Sebranek, a funeral director for 32 years, apologized to the state and his family during his short statement to the court.

“The state’s investigation has given me a great deal of time to reflect about what I did and regardless of my good intentions, what I did was wrong,” he said.

Co-defendant and funeral home owner Darrell Dickinson, 59, of La Crosse was sentenced Aug. 22 to three days in the

La Crosse County Jail and six months on electronic monitoring after pleading guilty to two felony charges of public assistance fraud for making false claims in June and November 2006. He completed his jail sentence Thursday.

Berghahn and Bjerke agreed the difference in charges faced by Sebranek and Dickinson reflected the difference in their culpability in the crimes.
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ic2020 wrote on Aug 30, 2008 11:20 AM:

" I still wonder how the defense of "I was giving the money back to the families to help them out with expenses" worked when he originally stated in the complaint that it "was expensive to have kids in college". "

ic2020 wrote on Aug 30, 2008 11:19 AM:

" Hey Laxcitizen... do you know why the other funeral homes in LaX denied some of the Hmong services? Do your research and find out the kind of services they ask for. 3-4 days long, animals w/in the building? I would say honoring those requirements would be against certain health codes that some businesses were able to make accomodations for unlike the funeral homes you criticize. Hands down, I will run to Schumacher-Kish or Jandt if I have to make arrangements for a family member. I know this from experience! "

OnaRes wrote on Aug 30, 2008 9:12 AM:

" Here we go another person taking the side of the criminal. It does not matter what the intent was, it was illegal. Illegal makes it a crime and criminals must be punished. The small fine here and the 3 day jail sentence are a joke, Judge Bjerke needs to be taken off the bench. "

oldglorydays wrote on Aug 30, 2008 8:59 AM:

" It's a good thing his dog wasn't loose! "

laxcitizen1111 wrote on Aug 30, 2008 8:53 AM:

" WJDS makes perfect sense. Years ago when the Hmongs came to La Crosse Schumauker-Kish denies them business, while other funeral homes are soliciting calls. Sounds like great funeral directors to me.
Its sad that the tribune doesnt print Dickinson side of the story. The state medical funds that the family was lawfully entitled to were going to be used no matter what service the family wanted. The state has a problem with Dickinson allowing outside sources to help pay over and beyond the 3,500 the state will allow. Your anger should not be at the funeral home, but the state. Let the families receive the funds, and if some other help can be provided by other family members or friends so be it. Everyone deserves a proper burial and Dickinson realized that.
Jealousy is a horrible feeling. "

57braveslvr wrote on Aug 30, 2008 8:51 AM:

" Lets see. These guys bilked the state or "someone" out of 55K. And the judge tells them what good folks they really are. Scolds them and tells them to never do this again. Oh, my favorite. "well intentioned."

The big news outside of Wisconsin is the law making it illegal in the state to have sex with a corpse. These guys just have sex with the taxpayers and their customers. "

2centsworth wrote on Aug 30, 2008 8:18 AM:

" are you flipping kidding me? $350.00 is a joke. He laughed all the way to the parking lot after he walked out of courtroom. Something is wrong with our court system. But "OH YEA he is sorry". Hell he can make that up on the next burial and then some. He should not be in business and anyone who is looking for a good funeral director should call Schumacher's!! "

WDJS wrote on Aug 30, 2008 8:02 AM:

" The good news is that we're fortunate to have wonderful, compassionate, HONEST funeral homes in the likes of Schumacher-Kish and Yandt in West Salem, and others besides Dickinson. They've always gone the extra mile and their ethics are unquestionable. Why would anyone give these felons business is beyond me, or should I say, over my dead body! "

OnaRes wrote on Aug 30, 2008 7:48 AM:

" Judge Bjerke does it again! What type of deterrent do the punishments represent. It will stop no one from commiting similiar crimes.

Judge Bjerke cannot be allowed to keep his seat in the next election. "

ellie1948 wrote on Aug 30, 2008 7:00 AM:

" BERGHAHN AND BJERKIE!!!!! you 2 are a joke you need to be voted OUT OUT OUT . "


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