Richard Zagger, Obstruction of Official Proceedings, New York 2018

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Richard Zagger Charged with Obstruction of Investigation, Blue Point NY, 2018

A federal grand jury has indicted Richard Zagger, 58, of Blue Point, New York, for conspiracy and obstruction of official proceedings relating to an investigation into a fatal construction accident. The indictment alleges that Zagger was a supervisor for Northridge Construction Corporation, located in East Patchogue, Long Island, New York.

On December 8, 2018, Zagger was overseeing employees of Northridge constructing a metal shed on the Northridge property. During the construction, one of the employees fell from the improperly secured shed roof and died. The Occupational Safety and Health Administration (OSHA) investigated the employee’s death and violations of worker safety standards.

The indictment charges that during the investigation, Zagger made false statements and conspired with others to make false statements to obstruct the federal agency’s inquiry. This is a serious crime that undermines the integrity of our investigations and puts the public at risk.

The maximum penalty for the conspiracy count and each obstruction count is five years in prison and a $250,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime. This is a strong message to anyone who would try to obstruct our investigations.

Assistant Attorney General Todd Kim of the Environment and Natural Resources Division made the announcement. Senior Trial Attorneys Daniel Dooher and Richard J. Powers and Trial Attorney Rachel Roberts of the Environmental Crimes Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt. We will continue to work tirelessly to ensure that those who try to obstruct our investigations are held accountable.