January 22, 2008

Former Plans Examiner in Bldg. Dept. Gets Jail

Acierno is first of five to be convicted and sentenced in North Hempstead building department probe

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 been sentenced by a Nassau County judge to receive 90 days in jail and 5 years of probation.  He was also ordered to pay a $5,000 fine and $27,828 in restitution to the New York State Department of Taxation and Finance.

Andrew Acierno, 43, of Westbury, a former plans examiner within the building department, pleaded guilty in October 2007 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. 

“The message from this administration is clear:  If you violate the public trust, we will hold you accountable and we will make every effort to put you in jail,” said District Attorney Rice.  “Paying back the money and paying restitution are important elements for the community.  Jail sends the ultimate message that the betrayal of the public trust will not be tolerated in this county.”

Tuesday’s proceedings took place in front of Acting County Court Judge Edward Maron. 

Andrew Acierno, who was a 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.  To hide this fact, he failed to disclose the income from his private-sector business, as required on his Town Annual Statements of Financial Disclosure; filed permit applications and plans listing others as the architect on projects he designed; and 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.

In October 2007, 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 was building inspector Thomas McDonough.  Indicted in August 2007 was former plumbing inspector Joseph Lomonaco.  The four defendants face charges ranging from grand larceny to bribe receiving to official misconduct.

Deputy Chief of the DA’s Public Corruption Bureau and Assistant District Attorney Karen Bennett, along with Assistant District Attorney Michael Annibale, are handling the case for the District Attorney’s Office.  Mr. Acierno is being represented by Steve Pinzino, Esq., of Manhasset. 

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