Rochester Hills Businessman Pleads Guilty To Scamming Customers

ROCHESTER HILLS, MI — A former Rochester Hills businessman admitted he used his corporation to steal $26,000 from seven customers.

Denny DiCapo, 63, pleaded guilty to one count of conducting a criminal enterprise (a 20-year felony) and six counts of larceny by conversion, $1,000 to $20,000 (five-year felonies), as a fourth habitual felony offender.

DiCapo paid $5,000 in restitution at the time of the plea and has agreed to pay the remaining $21,000 in restitution during an 11-month delayed sentence, according to Michigan Attorney General Dana Nessel.

If DiCapo pays the remaining restitution before the end of his delayed sentence, prosecutors will drop the conducting a criminal enterprise charge, and he will be sentenced on the remaining charges with a minimum sentencing guideline range between 10 and 46 months, Nessel said.

If DiCapo fails to pay the entirety of restitution to the victims before the end of his 11-month delayed sentence, he agreed to be sentenced on all charges, Nessel said.

"If we strive for a state where small businesses can flourish, we must secure a safe marketplace for investments and business transactions," Nessel said. "Bad actors will take advantage of any marketplace where large sums are moving between parties. Importantly this plea agreement will see the victims’ funds restored on a reasonable timeline."

Officials said DiCapo identified himself as a business broker and listing agent for restaurants, a gas station and an automobile service center through his now-dissolved corporation, Biz Capital Brokerage, Inc.

Through his corporation, DiCapo convinced customers to make refundable good-faith deposits in order to purchase businesses of their own, officials said.

However, when the business deals fell through, DiCapo kept the deposits, totaling $26,000, officials said.