A builder in Niagara County, New York, has been sentenced to up to eight years in state prison after a three-year period in which he accepted deposits from homeowners but did not carry out any work.
Nathaniel Wagner, 42, pleaded guilty to third-degree grand larceny and a first-degree scheme to defraud.
From December 2019 to July 2022, he accepted more than $230,000 from a dozen or so homeowners throughout Niagara County. He then spent the money on personal expenses, investments, electronics and groceries.
The prosecution followed an investigation by the New York State Attorney General’s Office and the New York State Police.
When confronted by homeowners, Wagner gave long lists of excuses over a period of years.
He claimed his truck broke down and caught fire, he and his family members suffered from illnesses and had had issues with a foreman and the county authorities.
He also claimed he had taken on too many jobs, had dental issues, had domestic issues, had an injured worker, that materials were delivered in a damaged condition and that his phone was not working.
In one case, when a homeowner became suspicious after delays and excuses, Wagner created fake invoices to show the customer. He also appeased customers by delivering a few materials but never returned to start construction work.
Wagner used the money to pay some $90,000 towards his rent, car maintenance and child support payments, as well as for purchases from Apple, eBay and Frankie’s Pizza.
New York Attorney General Letitia James commented in a press statement: “Instead of performing the home repairs he was hired to do, Nathaniel Wagner pocketed hundreds of thousands of dollars of his clients’ deposits and then strung them along for months and even years as he spent their money on himself.
“I thank the state police and our partners in law enforcement for their work to secure this conviction, which sends a clear message that anyone who preys on New York homeowners with fraudulent schemes will be brought to justice.”
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