Suffolk County District Attorney Timothy D. Sini has announced the sentencing of a construction business owner for failing to pay more than $280,000 in benefits to laborers on public works projects.
“Workers deserve to be paid what they’re owed for the work they do; it’s that simple,” District Attorney Sini said. “It is illegal – and frankly immoral – for a company to steal those funds and turn a profit off the backs of workers. The dispositions reached in this case ensure that the hundreds of thousands of dollars these defendants stole are returned to Laborers 66. My Office’s Labor Crime Unit will continue to fight to protect workers and hold businesses accountable when they fail to comply with their legal obligations.”
Frederick Hutzler, 85, of Holbrook, and his company, Triple H Concrete Corp., located in Ronkonkoma, each pleaded guilty on Aug. 4 to Grand Larceny in the Fourth Degree, a class E felony. Hutzler was sentenced today by Suffolk County Acting Supreme Court Justice Karen Kerr to five years of probation and is required to pay $35,000 in restitution to the General Building Laborers Local 66 Trust Fund. In addition, Hutzler and Triple H received a judgment order for $210,908.74 in restitution. Triple H was also sentenced on Aug. 4 to a $10,000 fine.
Hutzler’s son, Edwin Hutzler, 57, of Bellport, who is a co-owner of Triple H Concrete Corp., pleaded guilty on Aug. 4 to Perjury in the Second Degree, a class A misdemeanor, in connection with the scheme and is required to pay $35,000 in restitution to the General Building Laborers Local 66 Trust Fund.
In addition, Frederick Hutzler and Edwin Hutzler each paid $35,000 in up-front restitution to the General Building Laborers Local 66 Trust Fund at the time prior to their guilty pleas.
From Jan. 1, 2013, through Dec. 31, 2015, Triple H Concrete Corp. employed 23 members of General Building Laborers Local 66 on several public works construction projects in Suffolk County and was required by law to provide hourly supplemental benefits to those workers. During that time period, the defendants failed to remit $280,908.74 in supplemental benefits to the General Building Laborers Local 66 Trust Fund on behalf of the employees.
Additionally, on Aug. 16, 2016, Edwin Hutzler signed a certified payroll submitted on a public works project at the Pulaski Street Elementary School in Riverhead which he knew contained false information.
As a result of their felony convictions, Frederick Hutzler and Triple H Concrete Corp. are prohibited from bidding on public works projects for five years.
Frederick Hutzler and Triple H Concrete Corp. were represented by Kenneth C. Murphy. Edwin Hutzler is being represented by Scott Druker and will be sentenced at a later date.
This case was prosecuted by Assistant District Attorney Shaun McCready, of the Financial Investigations & Money Laundering Bureau’s Labor Crime Unit.