Death was released on his own recognizance and was ordered back to court April 6. If convicted he would face up to 15 years in prison.
The charges follow an audit of the cemetery association that took place last summer. The audit found that Death wrote checks totaling $170,000 from the cemetery association's account to Harbor Fuel Co. Inc., at which Death served as president, CEO and 54 percent shareholder, Dillon said.
The audit also found that Death used an association employee to provide landscaping and other work on properties he and his father owned and added a family member to the association's health and dental insurance plans, prosecutors said.
The total amount of money diverted by Death was estimated at more than $293,000, Dillon said.
Death's attorney, Melvin Roth, said the entire amount has been repaid to the association. He said he was "disappointed the district attorney filed criminal charges, especially because everyone concerned has been made whole from this unfortunate incident."
He called Death an "upstanding member of the community who has served on many boards and charities" and attributed the incident to "business pressures Mr. Death was experiencing."
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