DiNapoli: Albany Woman Pleads Guilty: Second Defendant Indicted for Stealing More than $230,000 from Elderly Pensioner

November 8, 2024

State Comptroller Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat Donnelly, and the New York State Police today announced the guilty plea of Amber Diacetis, a 30-year-old Albany woman, and the indictment of Devin Zielinski, 33, for stealing over $230,000 from an elderly victim.

"Forcing an elderly man to live in squalor in order to take advantage of him and steal his hard earned pension and social security benefits is reprehensible," DiNapoli said. "I thank District Attorney Donnelly, the New York State Police and the Schodack Police Department for partnering to ensure that justice is served for the people who committed this heinous crime."

The victim, an 86-year-old New York state pensioner, met Diacetis through an online service. Diacetis then introduced the victim to Zielinski and the two then allegedly schemed to convince the victim to become his live-in caregivers.

The victim, whose wife had died years earlier, 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 attend to his affairs for him.

Investigators, however, found 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 used 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 allegedly 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 was 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.

Diacetis pleaded guilty to grand larceny in the third degree before Judge Jennifer G. Sober in Rensselaer County Court. Zielinski was charged by a Rensselaer County Grand Jury with grand larceny in the second degree and was arraigned before Judge Sober on Nov. 8. Zielinski is due back in court on Dec. 23. Diacetis is scheduled to be sentenced on Jan. 9, 2025.

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 filing a complaint online, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.