This action concerned defendants' misappropriation of construction funds belonging to three companies that hired defendant Zizzi Construction to build two homes.

Over two years, the companies paid $4,258,071 based on invoices issued by Zizzi. Zizzi represented that these funds would be used to cover the cost of subcontractors, labor, and materials for those jobs, but Zizzi instead diverted $1,395,369 of the funds toward other clients' construction jobs.