State Comptroller Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat Donnelly, and New York State Police Superintendent Steven G. James announced that Devin Zielinski has been sentenced to two to six years in state prison for stealing $230,000 from an elderly pensioner. Zielinski was also ordered to pay $115,000 in restitution. His accomplice, Amber Diacetis, previously received a sentence of time served in jail, was ordered to pay $100,000 in restitution, and must serve five years of probation.
Zielinski had missed his initial sentencing date in June and was later found and arrested in Cohoes on October 10, 2025 with help from the Cohoes Police Department.
“Preying on an elderly victim to steal his money and deprive him of his basic needs is simply reprehensible. Devin Zielinski now faces the consequences of his crimes in this despicable case of elder abuse,” DiNapoli said. “My thanks to Rensselaer County DA Donnelly, State Police Superintendent James, and the Schodack Police Department for their partnership in ensuring the victim received the care he needed and holding accountable the criminals who took advantage of him. I also want to thank the Cohoes Police Department for their assistance with locating and capturing Zielinski.”
Donnelly added: “Through strong partnerships with the New York State Police, the Office of the State Comptroller and the Schodack Police Department, we have been able to hold Devin Zeilinski accountable for these criminal actions. I am pleased that we are able to provide this elderly victim with a measure of financial compensation by requiring that the culpable parties pay restitution.”
James commented: “This case is a tragic example of elder abuse and financial exploitation, carried out over several years by individuals who betrayed the trust of a vulnerable victim. I commend the outstanding collaboration between the Office of the State Comptroller, the Rensselaer County District Attorney’s Office, the Schodack Police Department, and our members of the New York State Police. It is through strong partnerships like these that we are able to identify abuse, protect those who cannot protect themselves, and bring offenders to justice.”
Authorities said Zielinski and Diacetis became live-in caregivers for an 87-year-old pensioner after convincing him to let them control his finances. Over more than five years beginning January 2018 through August 2023, they stole monthly pension payments as well as Social Security benefits totaling $230,000 from his account.
The theft left bills unpaid for four years; as a result, foreclosure occurred on his house; power was disconnected; his car was repossessed; and he lived in poor conditions until being removed from his home where Zielinski continued living even after foreclosure began.
Zielinski pleaded guilty to grand larceny in April before Judge Jennifer Sober at Rensselaer County Court.
DiNapoli has encouraged New Yorkers since taking office in 2007 to report fraud or abuse involving taxpayer money by calling 1-888-672-4555 or contacting his office by email or mail.