Attorney General Cuomo Announces Buffalo Area Homebuilder Sentenced To Prison For Grand Larceny

BUFFALO, N.Y. (May 15, 2009) - Attorney General Andrew M. Cuomo today announced that a corrupt Buffalo-area homebuilder has been sentenced to prison for ripping off his customers for tens of thousands of dollars.

Steven Wisniewski, former owner of Elite Custom Homes, was sentenced for grand larceny in Erie County today to 5 to 15 years in prison by State Supreme Court Justice John L. Michalski. In separate related charges brought by the Erie County District Attorney, Wisniewski was also sentenced to 2 1/3 to 7 years and 1 1/3 to 4 years to be served consecutively for a total sentence of 8 2/3 to 26 years, the maximum sentence. Wisniewski pleaded guilty to second-degree grand larceny last September.

Wisniewski was originally scheduled for a court appearance on January 8, 2009, but he failed to appear. He was subsequently caught in Louisiana in March and brought back to western New York.

“Wisniewski ripped off hard-working New Yorkers and then tried fleeing from the law,” said Attorney General Cuomo. “This so-called home contractor left one family with little more than a hole in the ground. He also tarnished the hard-earned reputations of all honest workers in the building trades.”

According to the felony complaint, an Elma family contacted Wisniewski in early 2006 inquiring about having a one-floor home built to accommodate a family member who suffered from back problems, rheumatoid arthritis and osteoarthritis. Wisniewski and the consumers agreed on a contract for construction of a new 2,300 square-foot home and 600 square-foot garage in Wales for $207,500. The family made several substantial payments to Wisniewski for labor and materials, but he never delivered, other than installing a construction driveway in October 2006 and installing concrete walls and footers for the basement in January 2007. Despite repeated requests, Wisniewski never refunded any of the money. The Office of the Attorney General hired a licensed contractor from Buffalo to assess the value of the work performed, which estimated to be $33,572. Of the down payments made to Wisniewski, the family lost $120,000.

According to a previous lawsuit brought by Attorney General Cuomo’s Office, Wisniewski and his girlfriend, April Januale, went into business in the fall of 2005 as Elite Custom Homes of WNY. They would primarily take deposits from consumers looking to build a new home or improve an existing home and then not perform the work. The pair instead took the money that they claimed would be used to buy materials (i.e. lumber, doors, brick, etc.) and then spent it as their own disposable income. The money was used for Wisniewski’s personal expenses including the couple’s groceries, movie tickets, fireworks, veterinary bills, vehicle service, car and insurance payments, credit card and cell phone bills and cable service. Earlier this year, the Attorney General’s Office obtained a court order shutting Elite Custom Homes down and requiring restitution to those who were defrauded.

In a separate matter brought by the Erie County District Attorney, Wisniewski pleaded guilty to Grand Larceny in the 3rd Degree (class D felony) and Falsifying Business Records in the 1st Degree (class E felony).

Attorney General Cuomo thanked the New York State Police and the U.S. Marshals for their assistance in the matter.

The criminal case was handled by Assistant Attorneys General Michael McCabe and James Morrissey of the Buffalo regional office under the supervision of Deputy Bureau Chief of the Criminal Prosecutions Bureau Richard Ernst and Buffalo Assistant Attorney General-in-Charge Russell Ippolito.