(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney announced the indictment of Robert Terry, 65, owner of Terry Contracting & Materials, Inc., for failing to pay his employees the prevailing wage rate, along with related charges. Terry is accused of misclassifying employees’ work categories on certified payrolls, leading to an estimated $83,694 in underpayments.

“This defendant allegedly pocketed money that would have gone to his workers and their families,” said District Attorney Tierney. “We will not allow unscrupulous business owners to enrich themselves by cheating workers out of their legally mandated wages on taxpayer-funded projects.”

The investigation revealed that between March and August 2018, Terry was a contractor on the Davis Park Marina Improvement project. The public works contract required the proper payment of prevailing wages based on the tasks performed. Terry allegedly categorized workers as “laborers” instead of “dock builders” to reduce wage costs, despite their work requiring higher pay rates. Additional employees, such as crane operators, were reportedly omitted from certified payroll records altogether.

The New York State Department of Labor’s investigation concluded that Terry and his company owe the affected employees more than $80,000.

On December 12, 2024, Terry and Terry Contracting & Materials, Inc. were arraigned before Supreme Court Justice Timothy P. Mazzei. The charges include one count of Willful Failure to Pay the Prevailing Wage Rate and Supplement, Falsifying a Business Record in the First Degree (both Class E felonies), and Falsifying a Business Record in the Second Degree (a Class A misdemeanor).

Justice Mazzei released Terry on his own recognizance under New York State law, which deems the charges non-bail eligible. Terry is scheduled to return to court on January 23, 2025. If convicted on the top charge, he faces a prison sentence of 1 1/3 to 4 years. Michael Cornacchia, Esq., represents him in this matter.

This case is being prosecuted by Adriana Noyola from the Financial Crimes Bureau, with assistance from Detective Investigators Dennis Marcel and Daniel Ayrovainen, also of the Financial Crimes Bureau.