New York Attorney General Andrew Cuomo announced that a Buffalo area custom homebuilder that allegedly repeatedly defrauded customers has been put out of business and ordered to pay more than $325,000 in penalties and restitution. A lawsuit filed by the Attorney General’s Office resulted in a State Supreme Court order issued requiring the owners of Elite Custom Homes Inc., Steven Wisniewski and April L. Januale, to pay $300,000 in restitution and $6,000 in costs. Wisniewski, additionally, was ordered to pay a $25,000 penalty. Both will be barred from the home improvement business unless they file a $500,000 performance bond.
According to court documents, Wisniewski and his girlfriend, 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 reportedly not perform the work. The pair instead reportedly 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 reportedly 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.
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