UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF NEW YORK 

) 

UNITED STATES OF AMERICA, ) 

Plaintiff, ) 

) 

v. ) Civil Action No.: CV 12-2187 

) 

DONMAZ LTD., ) (Cogan, J.) 

a New York corporation, d/b/a Blair-Mazzarella ) 

Funeral Home, and ) 

) 

JAMES DONOFRIO ) 

individually and as an officer of the corporation, ) 

) 

) 

Defendants. ) 

) 

---------------------------------) 

CONSENT DECREE 

WHEREAS, Plaintiff, the United States of America ("Plaintiff'), has commenced this 

action by filing the Complaint herein; Defendants Donmaz Ltd. and James Donofrio have waived 

service of the Summons and Complaint; the par1ies have been represented by the attomeys whose 

names appear hereafter; and the parties have agreed to settlement of this action upon the 

following terms and conditions, without adjudication of any issue of fact or law and Vv·ithout 

Defendants admitting liability for any of the matters charged in the Complaint other than 

jurisdictional facts; 
ORDER 

THEREFORE, on the joint motion of the Plaintiff and Defendants, it is ORDERED, 

ADJUDGED, and DECREED as follows: 

FINDINGS 

l. This Court has jurisdiction of the subject matter and of the parties. 

2. The Complaint states a claim upon which relief may be granted against the 

Defendants under Sections 5(a)(1), 5(m)(1)(A), 13(b), and 16(a) of the Federal Trade 

Commission Act, 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 53(b), and 56(a). 

3. Venue in this district is proper under 28 U.S.C. §§ 1391(b)-(c) and 1395(a) and 

15 U.S.C. § 53(b). 

4. The activities of Defendants are in or affecting commerce as "commerce" is 

defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

5. Entry of this Consent Decree is in the public interest. 

6. Defendants stipulate to the entry of this Consent Decree freely and without 

coerCIOn. Defendants further acknowledge that they have read the provisions of this Consent 

Decree and are prepared to abide by them. 

7. All pmiies waive all rights to appeal or otherwise challenge or contest the validity 

of this Consent Decree. 

8. The pmiies shall each bear their own costs and attorneys' fees incuned in this 

action. Defendants waive any claim they may have under the Equal Access to Justice Act, 28 

U.S.c. § 2412. 

Page 2 of 14 
DEFINITIONS 

1. "Individual Defendant" means James Donofrio. 

2. "Corporate Defendants" means Donmaz Ltd. and its successors and assigns. 

3. "Defendants" means the Individual Defendant and the Corporate Defendants, 

individually, collectively, or in any combination. 

4. "Funeral Rule" or "Rule" means the Trade Regulation Rule Concerning Funeral 

Industry Practices issued by the Federal Trade Commission ("FTC" or "Commission"), 16 C.F.R. 

Part 453. Copies of the Funeral Rule and the FTC publication, "Complying with the Funeral 

Rule," are attached hereto as Exhibits A and B, respectively, and incorporated in this Consent 

Decree as if fully set fOl1h verbatim. 

I. INJUNCTION 

IT IS THEREFORE ORDERED that Defendants and their officers, agents, servants, 

employees, successors and attorneys, and all other persons in active concert or participation with 

any of them who receive actual notice of this Consent Decree by personal service or otherwise, 

are pelmanently enjoined from violating, directly or through any corporation, subsidiary, 

division, or other device, any provision of the Funeral Rule, including, but not limited to, the 

Rule's prohibitions against: 

A. Failing to give consumers who inquire in person a general price list they can keep 

upon beginning discussion of the overall type of funeral service or disposition, specific funeral 

goods or services offered, or the prices of such goods or services, as required by 16 C.F .R. 

§ 453.2(b)(4); 

Page 3 of 14 
B. Failing to show consumers who inquire in person about the offerings or prices of 

caskets or alternative containers a casket price list upon beginning discussion of caskets, but in 

any event before showing any caskets, models, or pictures of caskets, as required by 16 C.F.R. 

§ 453.2(b)(2); 

C. Failing to show consumers who inquire in person about outer burial container 

offerings or prices an outer burial container price list upon beginning discussion of outer burial 

containers, vaults or grave liners, but in any event before showing any outer burial containers, 

models or pictures thereof, as required by 16 C.F.R. § 453.2(b)(3); 

D. Failing to tell any person who asks by telephone about Defendants' offerings or 

prices any accurate information from Defendants' price lists and any other readily available 

information that reasonably answers the question, as required by 16 C.F.R. § 453.2(b)(1); 

E. Failing to give each person who arranges a funeral or other disposition of human 

remains an itemized written statement to keep at the conclusion of the discussion of 

alTangements, as required by 16 C.F.R. § 453.2(b)(5); and 

F. Conditioning the furnishing of any funeral good or funeral service to a person 

alTanging a funeral upon the purchase of any other funeral good or funeral service contrary to 

16 C.F.R. § 453.4(b)(i), charging any fee as a condition to furnishing any funeral goods or 

funeral services except as permitted by 16 C.F.R. § 453.4(b)(ii), or failing to make the 

disclosures required by 16 C.F.R. § 453.4(b)(2). 

Page 4 of14 
II. CIVIL PENALTY AND RIGHT TO REOPEN 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Thirty-Two Thousand Dollars ($32,000) is entered 

against Defendants Donmaz Ltd. and James Donofrio, jointly and severally, as a civil penalty, 

pursuant to Section 5(m)(1)(A) of the Federal Trade Commission Act, 15 U.S.c. § 45(m)(1)(A). 

B. Defendants are ordered to pay to the Plaintiff Seven Thousand Dollars ($7,000), 

which, as Defendants stipulate, their undersigned counsel holds in escrow for no purpose other 

than payment to the Treasurer of the United States after entry of this Consent Decree by the 

Court. Such a payment shall be made within 7 days of entry of this Consent Decree by electronic 

fund transfer in accordance with instructions previously provided by a representative of the 

Consumer Protection Branch, Civil Division, U.S. Department of Justice, Washington, D.C. 

20530. Upon such payment, the remainder of the judgment shall be suspended subject to the 

Subsections below. 

C. The Plaintiff and the Commission's agreement to, and the Court's approval of the 

suspension of $25,000 of the judgment, is expressly premised upon the truthfulness, accuracy, 

and completeness of Defendants' sworn financial statements and related documents (collectively, 

"financial representations") submitted to the Commission, namely: 

1. the Financial Statement ofIndividual Defendant, James Donofrio signed on 

March 31,2011 and updated on April 25 and April 27, 2011, including the 

accompanying copies of federal tax returns for 2008 through 2010; 

Page 5 of 14 
2. the Financial Statement of Corporate Defendant Donmaz Ltd. signed on April 

12,2011, including the accompanying copies of federal tax returns for 2008 

through 2010; 

3. the declaration of James Donofrio sworn to on August 27, 2011, including 

attachments. 

D. The suspension of the judgment shall be lifted as to any Defendant, if, upon 

motion by the Commission, the Court finds that Defendant failed to disclose any material asset, 

materially misstated the value of any asset, or made any other material misstatement or omission 

in the financial representations identified above. 

E. If the suspension of the judgment is lifted, the judgment shall become 

immediately payable, and the amount due shall be calculated as follows: the judgment amount 

specified in Subsection A above, minus any payments previously made pursuant to this Section. 

F. In the event of any default in payment required to be made under this Consent 

Decree, the entire unpaid penalty, together with interest from the date of default to the date of 

payment, as computed pursuant to 28 U.S.C. § 1961, shall immediately become due and payable. 

G. Defendants relinquish all dominion, control, and title to the funds paid to the 

fullest extent permitted by law. Defendants shall make no claim to or demand return of the 

funds, directly or indirectly, through counselor otherwise. 

H. Defendants agree that the facts as alleged in the Complaint filed in this action shall 

be taken as true, without further proof, in any subsequent civil litigation filed by or on behalf of 

the Commission to enforce its rights to any payment or money judgment pursuant to this Consent 

Decree. 

Page 6 of 14 
1. Defendants agree that the judgment represents a civil penalty owed to the United 

States Government, is not compensation for actual pecuniary loss, and, therefore, as to the 

Individual Defendant, it is not subject to discharge under the Bankruptcy Code pursuant to 11 

U.S.C. § 523(a)(7). 

J. In accordance with 31 U.S.C. § 7701, Defendants are hereby required, unless they 

have done so already, to furnish to Plaintiff and the Commission their taxpayer identifying 

numbers (social security number or employer identification number) which shall be used for 

purposes of collecting and reporting on any delinquent amount arising out of Defendants' 

relationship with the government. 

III. CONSENT DECREE ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments ofreceipt of this 

Consent Decree: 

A. Each Defendant, within 7 days of entry of this Consent Decree, must submit to the 

Commission an acknowledgment of receipt of this Consent Decree sworn under penalty of 

perJury. 

B. For 5 years after entry of this Consent Decree, the Individual Defendant for any 

business that such Defendant, individually or collectively with the Corporate Defendant, is the 

majority owner or directly or indirectly controls, and the Corporate Defendant, must deliver a 

copy of this Consent Decree to: (1) all principals, officers, directors, and managers; (2) all 

employees, agents, and representatives who participate in conduct related to the subject matter of 

the Consent Decree, including, but not limited to, all personnel who have contact with the public; 

and (3) any business entity resulting from any change in structure as set forth in the Section titled 

Page 7 of 14 
Compliance Reporting. Delivery must occur within 7 days of entry of this Consent Decree for 

current personnel. To all others, delivery must occur before they assume their responsibilities. 

C. From each individual or entity to which a Defendant delivered a copy of this 

Consent Decree, that Defendant must obtain, within 30 days, a signed and dated acknowledgment 

of receipt of this Consent Decree. 

IV. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

A. One year after entry of this Consent Decree, each Defendant must submit a 

compliance report, sworn under penalty of perjury. 

1. Each Defendant must: (a) designate at least one telephone number and an 

email, physical, and postal address as points of contact, which 

representatives of the Commission and Plaintiff may use to communicate 

with Defendant; (b) identify all of that Defendant's businesses by all of 

their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the 

products and services offered, the means of adveliising, marketing, and 

sales, and the involvement of any other Defendant (which Individual 

Defendant must describe if he knows or should know due to his own 

involvement); (d) describe in detail whether and how that Defendant is in 

compliance with each Section of this Consent Decree; and (e) provide a 

copy of each Consent Decree Acknowledgment obtained pursuant to this 

Page 8 of 14 
Consent Decree, unless previously submitted to the Commission. 

2. Additionally, the Individual Defendant must: (a) identify all telephone 

numbers and all email, Internet, physical, and postal addresses, including 

all residences; (b) identify all titles and roles in all business activities, 

including any business for which such Defendant performs services 

whether as an employee or otherwise and any entity in which such 

Defendant has any O\vnership interest; and (c) describe in detail such 

Defendant's involvement in each such business, including title, role, 

responsibilities, participation, authority, control, and any ownership. 

B. For 20 years following entry of this Consent Decree, each Defendant must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in the following: 

1. Each Defendant must report any change in: (a) any designated point of 

contact or (b) the structure of any Corporate Defendant or any entity that 

Defendant has any ownership interest in or directly or indirectly controls 

that may affect compliance obligations arising under this Consent Decree, 

including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject 

to this Consent Decree. 

2. Additionally, Individual Defendant must report any change in: (a) name, 

including aliases or fictitious name, or residence address; or (b) title or role 

in any business activity, including any business for which such Defendant 

perfonns services whether as an employee or otherwise and any entity in 

Page 9 of 14 
which such Defendant has any ownership interest, and identify its name, 

physical address, and Internet address, if any. 

C. Each Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or any similar proceeding by or against such 

Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Consent Decree to be sworn 

under penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: "I declare under penalty of perjury under the laws of the United States of America 

that the foregoing is true and con-ect. Executed on: ___ " and supplying the date, signatory's 

full name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in \vriting, all 

submissions to the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or 

sent by overnight courier (not the U.S. Postal Service): to Associate Director for Enforcement, 

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 

Washington, DC 20580. The subject line must begin: United States v. Donmaz Ltd., doing 

business as Blair-j\{azzarella Funeral Home and James Donofrio, Case No. ___ _ 

V. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 20 years 

after entry of the Consent Decree, and retain each such record for 5 years. Specifically, the 

Corporate Defendant and the Individual Defendant for any business in which that Defendant, 

individually or collectively with the other Defendant, is a majority owner or directly or indirectly 

controls, must maintain the following records: 

Page 10 of 14 
A. Accounting records showing the revenues from all goods or services sold, all costs 

incurred in generating those revenues, and the resulting net profit or loss; 

B. Personnel records showing, for each person providing services, whether as an 

employee or otherwise, that person's: name, addresses, and telephone numbers; job title or 

position; dates of service; and, if applicable, the reason for termination; 

C. Customer files showing the names, addresses, telephone numbers, dollar amounts 

paid, and the quantity and description of goods or services purchased; 

D. Complaints and refund requests, whether received directly or indirectly, such as 

through a third pmiy, and any response; 

E. All records necessary to demonstrate full compliance with each provision of this 

Consent Decree, including all submissions to the Commission; and 

F. Copies of all price lists, sales scripts, training materials, advertisements, or other 

marketing materials. 

VI. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants' 

compliance with this Consent Decree, including any failure to transfer any assets as required by 

this Consent Decree: 

A. Within 14 days of receipt of a wTitten request from a representative of the 

Commission or Plaintiff, each Defendant must: submit additional compliance reports or other 

requested information, which must be sworn under penalty of perjury; appear for depositions; and 

produce documents, for inspection and copying. The Commission and Plaintiff are also 

authorized to obtain discovery, without further leave of court, using any of the procedures 

Page 11 of14 
prescribed by Federal Rules of Civil Procedure 29,30 (including telephone depositions), 31,33, 

34,36,45, and 69. 

B. For matters concerning this Consent Decree, the Commission and Plaintiff are 

authorized to communicate directly with each Defendant. Defendants must permit representatives 

of the Commission and Plaintiff to interview any employee or other person affiliated with any 

Defendant who has agreed to such an interview. The person interviewed may have counsel 

present. 

C. The Commission and Plaintiff may use all other lawful means, including posing, 

through its representatives, as consumers, suppliers, or other individuals or entities, to Defendants 

or any individual or entity affiliated with Defendants, without the necessity of identification or 

prior notice. Nothing in this Consent Decree limits the Commission's lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.c. §§ 49, 57b-1. 

VII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Consent Decree. 

JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against Defendants, 

pursuant to all the terms and conditions recited above. 

ENTERED: this __ day of ________ , 2012. 

HONORABLE BRIAN M. COGAN 

United States District Judge, E.D.N.Y. 

Page 12 of 14 
The parties, by their respective counsel, consent to the terms and conditions ofthe 

Consent Decree as set forth above and consent to the entry thereof. 

FOR THE FEDERAL TRADE 

COlVIMISSION: 

WILLARD K. TOM 

General Counsel 

LEONARD 1. GORDON 

Regional Director 

Robin E. Eichen 

Northeast Region 

I 

Federal Trade Commission 

One Bowling Green, Suite 318 

New York, NY 10004 

(212) 607-2829 (Office) 

(212) 607-2822 (Facsimile) 

Page 13 of 14 

FOR THE DEFENDANTS: 

DONMAZ LTD., d/b/a 

Blair-MazzarelYa'Euneral Home 

//~-

New York, NY 10004 

(212) 344-5400 (Office) 

(212~677 (Facsimile) 

f1'Uf /7 

//j ... rT 

• James DOliofiio, individually .,J 
FOR THE UNITED STATES OF AMERICA: 

STUART F. DELERY 

Acting Assistant Attorney General 

Civil Division 

United States Department of Justice 

LORETTA E. LYNCH 

United States Attorney 

Eastern District of New York 

Assistant United States Attorney 

Eastern District of New York 

271 Cadman Plaza East 

Brooklyn, NY 11201 

Phone: 718-254-7000 

MAAME EWUSI-MENSAH FRIMPONG 

Acting Deputy Assistant Attorney General 

Civil Division 

MICHAEL S. BLUME 

Director 

Consumer Protection Branch 

KENNETH L. JOST 

Deputy Director 

Copsumer P~otection Branch 

~ \'~ J:~~,--=-_ . \ 

ALA~PHEtpS 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

PO Box 386 

Washington, D.C. 20044 

Phone: 202-307-6154 

alan.phelps(a),usdoi. gov 

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