Rochester Hills Businessman Sentenced For Scamming Customers

ROCHESTER HILLS, MI — A former Rochester Hills businessman was sentenced to prison Tuesday for scamming seven customers out of $26,000, according to the Michigan Attorney General's Office.

Denny DiCapo, 64, was ordered to serve between five and 20 years in prison for a count of conducting a criminal enterprise and one to five years for six counts of larceny of $1,000 to $20,000 by conversion.

Under a plea agreement, DiCapo was ordered to pay back the $26,000. He initially paid $5,000 back, but failed to repay the remaining $21,000 back during a delayed sentence. Therefore, he was sentenced on all charges as a fourth habitual felony offender.

If DiCapo had paid back the full restitution amount, prosecutors would have dropped the conducting a criminal enterprise charge, and he would have been sentenced on the remaining charges with a minimum sentencing guideline range between 10 and 46 months.

"Michigan’s small businesses are its lifeline," Michigan Attorney General Dana Nessel said in a statement. "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."

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.