Prosecutors Introduce Jail Recordings In Cemetery Trust Fund Case

MEMPHIS, Tenn. (AP) -- Prosecutors in Tennessee say recorded jail phone conversations prove an Oklahoma oilman accused of embezzling millions from a cemetery trust fund is lying when he says he can't

Thursday, August 9th 2007, 3:34 pm

By: News On 6

MEMPHIS, Tenn. (AP) -- Prosecutors in Tennessee say recorded jail phone conversations prove an Oklahoma oilman accused of embezzling millions from a cemetery trust fund is lying when he says he can't afford an attorney.

Prosecutors say the recordings show Clayton Smart of Okmulgee told his wife to sell property to pay for his legal defense.

The 67-year-old Smart is accused in Memphis of stealing up to $70 million from trust funds for 28 cemeteries in Tennessee. He's also accused of taking $20 million from cemetery trust funds in Michigan and is under investigation by the IRS.

Smart says he needs a public defender because his assets are frozen by a court in Memphis.

In one recorded call Smart says he has to have a public defender because he has no money. His wife replied â€“ quote - "Yes you do."

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