10-17-07

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that the first of five defendants charged in connection with a 16-month probe into allegations of corruption within the Town of North Hempstead’s building department has pleaded guilty to six felony charges and will be sentenced in December to serve three months in the Nassau County Jail.

Andrew Acierno, 43, of Westbury, a former plans examiner within the building department, pleaded guilty to a felony charge of Scheme to Defraud, two felony counts of Offering a False Instrument for Filing in the First Degree, and three felony counts of Filing a False Tax Return. These charges represent the highest charges Mr. Acierno was facing as the result of Monday’s arrest.

In addition to requiring the defendant to serve jail time, District Attorney Rice has required Mr. Acierno to pay $27,828 in restitution to New York State, as well as a $5,000 fine.

“These defendants will be held accountable for betraying the public trust and for tarnishing the name of an honest town and of their honest colleagues,” said District Attorney Rice.

Wednesday’s proceedings took place in front of Acting County Court Judge Edward Maron. Judge Maron is expected to impose the sentence December 19.

On Monday, District Attorney Investigators arrested four former or current members of the Town’s building department, including the former commissioner, David Wasserman, and deputy commissioner, Joseph Madden. Also arrested Monday was building inspector Thomas McDonough. Indicted in August was former plumbing inspector Joseph Lomonaco. The four defendants face charges ranging from grand larceny to bribe receiving to official misconduct.

Mr. Wasserman and Mr. McDonough are scheduled to return to court November 5. Mr. Madden’s next court appearance has been scheduled for November 26. Mr. Lomonaco is due back in court October 18.

Andrew Acierno, 53, of Westbury, a former plans examiner from 2004 to 2006, was arrested, charged and convicted for an ongoing scheme to defraud the Town of North Hempstead and the State of New York. The defendant performed work and earned income as a draftsman on homes within the Town of North Hempstead while simultaneously employed and earning a salary as a Plans Examiner with the Town, in violation of the Town’s Code of Ethics. He failed to disclose the income from his private-sector business, as required on his Town Annual Statements of Financial Disclosure. He filed permit applications and plans listing others as the architect on projects he designed. In addition, the defendant concealed the income from his private-sector business on his personal income tax returns which he filed with the State of New York for tax years 2004, 2005 and 2006.

Deputy Chief of the DA’s Public Corruption Bureau and Assistant District Attorney Karen Bennett is handling the case for the District Attorney’s Office.

Mr. Wasserman is being represented by Michael Ross, Esq., of Manhattan. Mr. Madden is being represented by Michael Farkas, Esq., of Manhattan. Mr. Acierno is being represented by Steve Pinzino, Esq., of Manhasset. Mr. McDonough is being represented by Michael Rosen, Esq., of Manhattan. Mr. Lomonaco is being represented by Michael Dergerabedian, Esq., of Rockville Centre.

The charges against the remaining defendants are accusations and they are presumed innocent until and unless proven guilty.

First Guilty Plea in Building Department Probe