An Orem man convicted of diverting funeral plan money for his own use must serve 60 days in the Utah County Jail within the next 90 days.
James E. Wright, 52, a former funeral plan salesman for Berg Mortuary, must begin serving the jail term with work release on Monday. A jury found Wright guilty of accepting money for a funeral plan and not turning it over to Berg Mortuary.Besides the jail time, 4th District Judge Boyd L. Park ordered Wright last week to pay $625 in fines and fees and pay full restitution to be determined by Adult Probation and Parole. In sentencing Wright to jail, Park ignored a presentence report that recommended Wright be sentenced to prison. He said Wright never denied what he did, he was just stubborn and used bad judgment.
"It's an attitude problem more than anything else," Park said.
County Attorney Kay Bryson asked that Park follow the recommendation for prison, saying more than 100 people have been victimized by Wright's scams. He said Wright has a serious past criminal record and each time he has been given a second chance and failed.
"It would appear to me that Mr. Wright has had the benefit of the doubt," Bryson said.
Also, Deputy County Attorney Craig Madsen told Park that Wright is being investigated by federal officials for selling whole-life insurance plans that were actually term policies.
Wright told Park that he never intentionally took money from anyone. He said the matter was a dispute between him and Berg Mortuary owner Carl Berg, and nothing more.
"I have never done anything to cheat the people of this town," Wright said.
John Musselman, Wright's attorney, said his client has a new job and is attempting to start over in his life. Sending Wright to prison would only prevent that from happening, he said.
"It seems to me that no one benefits from sending Mr. Wright to prison," Musselman said.
Wright also faces a third-degree felony charge of issuing a bad check. A trial on that charge is scheduled for March 19.