Burgman pleads guilty to theft

By Jeremy Pawloski | The Olympian • Published June 24, 2008

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OLYMPIA – The son of Lacey City Councilwoman Ann Burgman pleaded guilty Tuesday to four counts of first-degree theft in connection with taking $1.4 million of trust fund money and an additional $400,000 belonging to the family's two funeral homes.

Thurston County Superior Court Judge Anne Hirsch sentenced Joseph Patrick Burgman, 38, to one year of jail, but he can enroll in a work-release program that would allow him to leave during the day for employment.

As part of a plea deal, prosecutors dropped four counts of first-degree theft, 31 counts of second-degree theft, three counts of third-degree theft and one count of unlawful use of criminal proceeds. Prosecutor Joseph Wheeler agreed to recommend a one-year jail sentence as part of the deal.

As part of his sentence, Burgman also is barred from working at jobs where he might handle trust funds in the funeral home industry. In court Tuesday, Burgman apologized to his family and others he lied to.

"I'm so sorry for the deception that I took against these good people," Burgman said, his voice cracking. "It breaks my heart. It's jeopardizing my kids' future at this point."

Ann Burgman addressed the court prior to her son's sentencing, telling Hirsch that she and her husband have repaid the money that was taken from the funeral home's trusts.

The funeral home used the money in the trusts to cover the costs of prearranged funerals and to maintain cemeteries and burial sites.

"He was stealing from those who had passed on and no longer had the ability to protect themselves," Deputy Prosecuting Attorney Joseph Wheeler said.

Wheeler said he agreed to the plea deal because Burgman's parents became the victims in the case after the money from the trusts was replaced, and they wanted leniency, as well as accountability, for their son.

The thefts occurred when Burgman was the vice president of Southwick Corp., which controls the family's two funeral homes, Forest Funeral Home in Shelton and Woodlawn Funeral Home in Lacey. Burgman's attorney, James Dixon, said Burgman made some bad investments in pyramid schemes that snowballed.

"Once he got in over his head, he made a series of fatal mistakes, borrowing money from trust accounts with every intention of paying them back and couldn't," Dixon said.

Auditors began investigating Burgman's financial activities when his ex-wife contacted the Department of Licensing Business and Professional Divisions in August 2007, court papers state. Auditors discovered "a series of thefts, frauds and criminal use of proceeds" and contacted the State Patrol.

Dixon said the case is a sad one. Burgman has no prior criminal record, is going through a divorce, and has three sons, ages 9, 7, and 3, Dixon said. Burgman recently sold a house and some real estate in Mason County to pay restitution to his family, Dixon added.

The state Department of Licensing has launched an administrative investigation of Burgman's thefts, agency spokesman Brad Benfield said. A program manager for the department's funeral and cemetery board was in court Tuesday for Burgman's plea and sentencing. Benfield said he cannot talk about a specific investigation, but in general, the department is empowered with suspending or revoking licenses for individuals and businesses, as well as imposing fines.