Denny DiCapo, 64, of Rochester Hills, was sentenced to 5 to 20 years’ incarceration yesterday by Judge Kwame Rowe in the 6th Circuit Court in Oakland County for stealing $26,000 in business transactions, announced Michigan Attorney General Dana Nessel. DiCapo pled guilty as charged last year to one count of Conducting a Criminal Enterprise and six counts of Larceny by Conversion, $1,000 to $20,000.
Pursuant to the plea agreement, DiCapo paid $5,000 in restitution at the time of the plea and had agreed to pay the remaining $21,000 in restitution during a delayed sentence. DiCapo failed to pay the entirety of the restitution to the victims before sentencing and was sentenced on all charges as a fourth habitual felony offender.
“Michigan’s small businesses are its lifeline,” Nessel said. “Those who prey on their entrepreneurial spirit will face the full weight of the law. My office will continue to relentlessly prosecute these criminals and recover as many funds for victims as possible.”
DiCapo used his corporations, Biz Capital Brokerage, Inc., and Energy Acquisition Specialist, Inc., to defraud seven victims out of $26,000 in refundable good-faith deposits for the purchases of businesses. He identified himself as a business broker and listing agent for restaurants, a gas station, an automobile service center, and a jewelry/pawn store. DiCapo persuaded victims to pay him refundable good-faith deposits in order to purchase these businesses but then stole the money when the deals fell through.
DiCapo was sentenced to 5 to 20 years’ incarceration on one count of Conducting a Criminal Enterprise and 1 to 5 years’ incarceration on six counts of Larceny by Conversion, $1,000 to $20,000. The sentences will run concurrently. He was ordered to pay the remaining restitution along with standard fines and costs and received credit for 72 days served in jail on all counts.