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July 16, 2009

Masonville man waives felony hearing

DELHI _ A Masonville man facing five felony charges waived a felony hearing Wednesday.

Delaware County deputies charged Kenneth L. Schwartz, 62, of 1507 Teed Hill Road, with two counts of second-degree grand larceny, two counts of third-degree grand larceny and one count of first-degree scheme to defraud.

Schwartz, who owns and operates Upright Builders Inc. and Upright Custom Homes of Masonville, allegedly defrauded seven victims of $219,646.77 between Nov. 10, 2006, and Feb. 18.

He was also charged with two misdemeanor charges of fourth-degree possession of a weapon for possessing a .38 special pistol and a .44 Magnum pistol, both of which were allegedly unregistered and loaded.

Schwartz was initially represented by Delhi attorney Gregory Kottmeier when he was arraigned in Delhi Town Court on Friday. Schwartz has since hired Binghamton attorney F. Paul Battisti to represent him, according to a court spokeswoman.

Delaware County District Attorney Richard Northrup said the charges are related to contracting situations involving home improvements or building new homes.

Northrup said Schwartz, when paid for projects, failed to put funds into trust accounts, as required by law.

Northrup said that in most of the cases, Schwartz completed some of the work and provided some of the materials, but did not properly handle funds.

According to court records, there was one incident in which Schwartz allegedly issued an invoice for $62,900, but according to the deposition, none of the work was done.

In another instance, Schwartz was allegedly paid $107,000 on a contract but failed to put the money in the required trust account.

According to a corrections officer, Schwartz was released Wednesday on $30,000 bail or $60,000 property bond.

Northrup said he expects the case to go to the grand jury.

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