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Attorney General James and New York State Police Announce Conviction of Contractor for Stealing More Than $230,000 from Western New York Homeowners

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

NEW YORK – New York Attorney General Letitia James and State Police Superintendent Steven G. James announced the conviction and sentencing of Nathaniel Wagner, 42, of Newfane, NY, for operating a residential contracting fraud scheme in Niagara County. From December 2019 to July 2022, Wagner stole more than $230,000 from over a dozen homeowners throughout Niagara County by taking large up-front deposits and spending the money on personal expenses – including on personal investments, Apple products, and groceries – instead of doing any work for those who hired him. Wagner previously pleaded guilty to Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree and today was sentenced to four to eight years in prison. 

Today’s conviction is the result of a joint investigation by the Office of the Attorney General’s (OAG) Criminal Enforcement and Financial Crimes Bureau (CEFC) and the New York State Police (NYSP). The investigation began in the spring of 2022 when OAG and NYSP received numerous complaints from homeowners in towns throughout Niagara County, including Lewiston, Lockport, Wilson, Newfane, Ransomville, North Tonawanda, and Niagara Falls. The investigation revealed that Wagner stole more than $230,000 from more than a dozen homeowners between December 2019 and July 2022. During that time, Wagner advertised his business, Wagner Built Construction, on Facebook by offering to build and install barns, garages, and decks. 



Wagner solicited large, upfront deposits ranging from several thousand dollars to over $30,000 for home improvement work, but never performed the work, failed to deliver materials he claimed to have purchased with the deposits, and refused to issue refunds to homeowners. When confronted by homeowners who had paid him thousands of dollars and received nothing in return, Wagner gave long lists of excuses over a period of months and even years, including that his truck broke down and caught fire, he and his family members suffered from illnesses, there were permitting issues, there were issues with a foreman, he had too many jobs, he had dental issues, he had domestic issues, he had an injured worker, he had insurance issues, materials were delivered damaged, he needed additional money to purchase materials, and even that his phone was not working. 

In April 2023, a Niagara County grand jury charged Wagner with 12 counts of Grand Larceny in the Third Degree (a Class D felony), two counts of Grand Larceny in the Second Degree (a Class E felony), and one count of Scheme to Defraud in the First Degree (a Class E felony). On March 8, 2024, he pleaded guilty before the Honorable Caroline Wojtaszek to Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree. He was sentenced today to four to eight years in state prison and signed judgments in favor of his victims totaling $453,058.