New York State Comptroller Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat Donnelly, and New York State Police Superintendent Steven G. James announced the guilty plea of Devin Zielinski, 33, for stealing over $230,000 from an elderly victim. His co-defendant in this caretaker scheme, Amber Diacetis, a 31-year-old Albany woman, pleaded guilty to grand larceny in the third-degree last year.
“Preying on a vulnerable senior citizen to steal his hard-earned pension and social security benefits while forcing him to live in squalor in his own home is reprehensible,” DiNapoli said. “Thanks to my partnership with Rensselaer County DA Donnelly, State Police Superintendent James and the Schodack Police Department, the people who committed this heinous crime have been held accountable and their victim is in a safe and secure environment.”
District Attorney Donnelly stated, “This was a case of abuse of trust and greed. The defendants scammed and stole from a senior citizen who entrusted them to take care of him. The acts of these defendants have had a devastating impact on the victim and the victim’s family. The Rensselaer County DA’s Office will continue to work with our partners in the State Comptroller’s Office and in law enforcement to ensure financial predators like Devin Zielinski face the consequences for crimes against the elderly.”
Superintendent James said, “Zielinski and his co-conspirator took advantage of an elderly individual, stealing the pension and social security benefits he earned over a lifetime of work while forcing him to live in absolute squalor. I want to thank our members, Comptroller DiNapoli, the Rensselaer County District Attorney’s Office and the Schodack Police Department for ensuring the suspects will be held accountable for their criminal actions, and for providing a measure of justice for the victim.”
The victim, a now 87-year-old New York state pensioner, met Diacetis through an online service. Diacetis then introduced the victim to Zielinski and the two then schemed to convince the victim to let them become his live-in caregivers.
The victim, whose wife had died years earlier and had no other direct support, received a monthly income of $3,526 for his pension and $2,138 from Social Security. The defendants persuaded the victim to allow them to control his affairs, including his finances.
Investigators found that the defendants did not pay the victim’s mortgage, property taxes or other bills for four years, causing the victim’s home to be placed in foreclosure, his vehicle to be repossessed and his electricity to be turned off. Instead, the defendants stole the money for their personal entertainment. The victim was unaware his bills were not being paid due to his isolation and condition.
From January 2018 to August 2023, a total of $338,000 in pension and Social Security income were deposited into the victim’s bank accounts. The investigation revealed that the defendants made more than $230,000 in cash withdrawals from the victim’s accounts.
In addition to the alleged theft, the defendants’ actions caused the victim to live in deplorable conditions: the toilet and shower in the home were inoperable, animal feces were on the floor, and the victim was found in need of care. He was subsequently provided with the necessary treatment and services and is no longer living in his house.
Zielinski remained in the home after the victim was removed and foreclosure proceedings began. Zielinski currently resides at the property in a squatter capacity.
Zielinski pleaded guilty to grand larceny in the third degree before Judge Jennifer G. Sober in Rensselaer County Court. His sentencing is scheduled for June 18. Diacetis is due back in court for sentencing on May 20.
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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by emailing a complaint to investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.