Nassau County District Attorney Kathleen Rice announced that the first of five defendants charged in connection with a 16-month probe into allegations of corruption within the Town of North Hempstead's building department has been sentenced by a Nassau County judge.

Westbury resident Andrew Acierno, 43, a former plans examiner within the building department, pleaded guilty in October 2007 to a felony charge of scheme to defraud, two felony counts of offering a false instrument for filing - 1st degree, and three felony counts of filing a false tax return. He was sentenced to receive 90 days in jail and five years of probation and was also ordered to pay a $5,000 fine and $27,828 in restitution to the New York State Department of Taxation and Finance.

"The message from this administration is clear: If you violate the public trust, we will hold you accountable and we will make every effort to put you in jail," said Rice. "Paying back the money and paying restitution are important elements for the community. Jail sends the ultimate message that the betrayal of the public trust will not be tolerated in this county."

Last Tuesday's proceedings took place in front of Acting County Court Judge Edward Maron.

Rice stated that Acierno, who was a plans examiner from 2004 to 2006, was arrested, charged and convicted for an ongoing scheme to defraud the Town of North Hempstead and the State of New York. The defendant performed work and earned income as a draftsman on homes within the Town of North Hempstead while simultaneously employed and earning a salary as a plans examiner with the town, in violation of the town's Code of Ethics. To hide this fact, he failed to disclose the income from his private-sector business, as required on his Town Annual Statements of Financial Disclosure; filed permit applications and plans listing others as the architect on projects he designed; and concealed the income from his private-sector business on his personal income tax returns which he filed with the State of New York for tax years 2004, 2005 and 2006.

In October 2007, district attorney investigators arrested four former or current members of the town's building department, including the former commissioner, David Wasserman, and deputy commissioner, Joseph Madden. Also arrested was building inspector Thomas McDonough. Indicted in August 2007 was former plumbing inspector Joseph Lomonaco. The four defendants face charges ranging from grand larceny to bribe receiving to official misconduct.

Assistant District Attorney Karen Bennett, who is also deputy chief of the DA's Public Corruption Bureau, along with Assistant District Attorney Michael Annibale, are handling the case for the District Attorney's Office. Acierno is being represented by Steve Pinzino, Esq. of Manhasset.

The charges against the remaining defendants are accusations and they are presumed innocent until and unless proven guilty.