Business ProfileforWagner Built Construction

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government’s allegations, which have not yet been proven.

May 3, 2023, BUFFALO – New York Attorney General Letitia James and Acting State Police Superintendent Steven Nigrelli announced the arrest and arraignment of Nathaniel Wagner, 40, of Newfane, NY, for allegedly operating a contractor fraud scheme against homeowners in Western New York. The 15-count indictment, unsealed in Niagara County Court before Judge Caroline Wojtaszek, charges Wagner with stealing more than $230,000 in deposit monies from more than a dozen homeowners that were intended for home improvement projects.

The charges are 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 New York homeowners. As set forth in the indictment, Wagner is charged with stealing more than $230,000 from more than a dozen Western New York homeowners between December 2019 and July 2022. During that time, Wagner allegedly advertised his services on Facebook under his business, Wagner Built Construction, by offering to build and install barns, garages, and decks.  

Wagner allegedly solicited large amounts of deposit funds upfront for home improvement work, but then he never performed the work, failed to deliver materials he claimed to have purchased with the deposits, and refused to issue refunds to homeowners. In one situation, when a homeowner became suspicious after his constant delays and excuses, Wagner allegedly went as far as creating fraudulent invoices to show fake purchases from a reputable business to conceal his crime. Wagner also attempted to calm upset customers by delivering minimal materials, which were oftentimes unusable, incorrect, and damaged goods, to their homes, but he never returned to their homes to start construction work.  

An audit conducted by OAG revealed that instead of using homeowners’ money to purchase materials or perform home improvements, Wagner used the money for personal expenses, including large cash withdrawals, vehicle repairs, child support, personal investments, and even payments to family members. He was arraigned and charged 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).  

Any homeowner who believes they were impacted by this scheme and want to file a complaint against Wagner are encouraged to contact OAG at [email protected].