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Cohen Calls for Greater Federal Oversight of Cemeteries

July 28, 2009
The hearing was called in the wake of this month’s arrests of five employees of the historic Burr Oak Cemetery in Alsip, Illinois following the discovery that hundreds of bodies had been dug up and the grave sites resold.

“Sadly, the issues facing Burr Oak Cemetery have been felt as far away as Memphis. One of my constituents, Rochelle Payne, had ten relatives buried at the cemetery. We have a deep obligation to make sure that this never happens again. The anguish of losing a loved one has now turned to anger at the mismanagement and criminal actions of those trying to turn a dollar. I’m absolutely outraged and determined to make sure that this kind of thing never happens again,” Congressman Cohen said.

“What’s worse is that there are for-profit cemeteries that have simply abandoned their responsibility to the families of those who are buried there. In my own district two such cemeteries, Mt. Carmel and Hollywood are in disrepair, littered with broken headstones, and prone to flooding,” Congressman Cohen said. “My office has worked with local officials to force some action, but it shouldn’t take the threat of legislation or lawsuit to force these companies to do the right thing. Perhaps it is time for the Federal Trade Commission to be granted expanded powers to deal with this issue.”

The Federal Trade Commission (FTC) has limited jurisdiction over funeral homes. FTC’s Funeral Rule sets forth disclosures that must be made to consumers purchasing funeral goods and services. At this time, FTC has no authority over cemeteries, crematories, or third party sellers of funeral goods. The states have primary responsibility for oversight and regulation in this area.

Burr Oak is a prominent African American cemetery in suburban Chicago. Historic figures buried there include Emmett Till, Dinah Washington, and former heavyweight boxing champion Ezzard Charles. The cemetery had been the subject of numerous complaints in the years prior to the recent discovery. In 2001, a similar discovery was made at the Menorah Gardens cemetery in Palm Beach, Florida. And in 2002, investigators discovered that bodies sent to the Tri-State Crematory in northwest Georgia for cremation had been piled around the crematory while cement or other dust had been sent to families in place of ashes.

Along with Congressman Rush and Cohen, other members that participated today included: Congressman Butterfield (D-NC); Jesse Jackson, Jr (D-IL); Danny Davis (D-IL); and Jan Schakowsky (D-IL). Reverend Jesse Jackson testified at the hearing along with Illinois officials, representatives of the Federal Trade Commission, and the families of loved ones buried at Burr Oak.

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________________________
Steven Broderick
Communications Director
Congressman Steve Cohen (TN-9)
1005 Longworth House Office Building
Washington, DC 20515
Direct: 202-226-7916
Main: 202-225-3265
steven.broderick@mail.house.gov