If you missed Sunday's Whistleblower article, here it is. To add to the discussion, go to the original article.
Everything Dan Asleson owned -- from hooked rugs and Craftsman wrenches to a Toyota pickup -- was sold in one weekend estate sale after his sudden death in April 2010.
Now, 18 months later, his family is still waiting for the $21,000 that Golden Valley estate salesman Craig Birkeland owes them, money they say they need to support Asleson's 91-year-old mother.
The Bloomington family members aren't the only ones waiting for a check. From St. Paul to Santa Cruz, Calif., Birkeland's customers have sued him and his company, claiming he sold their possessions and pocketed millions in proceeds that belonged to them. In February, Minnesota Attorney General Lori Swanson filed a consumer fraud lawsuit against him and his company, Birkeland & Associates.
With no requirements for licenses or bonding, estate sales remain a largely unregulated business. A bill that would have required bonds was inspired by Asleson's case, but the proposal went nowhere at the Legislature. Meanwhile, estate sales are increasingly popular due to the recession and downsizing by retirees.
"It's a growing issue as baby boomers cash out and move in; there's a huge transference in wealth and property just starting," said Kurt Kiefer, a Fergus Falls auctioneer who's on the board of the National Auctioneers Association. "It's only in the last 10 years where it's grown to people having a business doing it."
He said he doesn't know of any state that licenses estate sale, or tag sale, companies. Auctioneers, however, must be licensed by the state. "It's ... a buyer-beware environment," said Ben Wogsland, from Swanson's office. "More regulation would be helpful."
Birkeland said Asleson's case is "being taken care of" and referred questions about the lawsuits to his attorneys, Mark Steffenson and Craig Freeman; they both declined to comment. In response to Swanson's lawsuit, they deny all allegations that he engaged in fraudulent, deceptive practices or collected money not entitled to him. The company, also known as Birkeland Estate Sales or Conducted Estate Sales Inc., remains in business, listing upcoming sales online.