Former NYC mobster tied to 2 failed Idaho restaurants sentenced to 5 years in prison
A former New York mobster connected to an unfinished downtown Boise restaurant and another failed project in Meridian was sentenced to five years in federal prison on fraud charges — the maximum sentence.
Frank Capri pleaded guilty in August to two felony counts: conspiracy to commit wire fraud and tax evasion in the U.S. District Court for the District of Arizona. In February, U.S. District Court Judge John Tuchi sentenced Capri to five years total for both counts, according to court documents obtained by the Idaho Statesman.
Capri will serve the sentences concurrently and will receive credit for time served.
In January 2020, a grand jury in Phoenix indicted Capri on 16 charges, alleging that he took millions in construction costs from restaurants being developed and used the money for himself.
Capri’s been held without bail since being arrested in 2020, the Arizona Republic reported. He could be released by 2025. He was also sentenced to three years of probation upon his release.
The former real estate developer allegedly stole $64 million from developers — but his plea agreement caps restitution at $18 million. It’s unclear exactly how much Capri will repay, as his restitution hearing is set for May 5 in Phoenix.
‘At least justice was served,’ company official says
In 2015, Capri began building themed restaurants based on the country music band Rascal Flatts. The Grove Plaza, which is owned by the Gardner Co., in Boise was one of the planned locations.
The downtown developer lost roughly $70,000 when their Boise restaurant never opened due to Capri’s operation. The planned 6,000-plus-square-foot restaurant was expected to go in a vacant ground level space.
The Rascal Flatts project in Boise fell apart in August 2018, when Ray Roshto, owner of Ussher Construction in Glendale, Arizona, sent a two-sentence letter to the city of Boise asking the Building Division to cancel the construction permit.
Roshto was hired by Capri in 2017 to develop restaurants across the nation. But when it became clear Capri had no interest in actually building the restaurants, Roshto told the Statesman he canceled the permit.
David Wali, Gardner’s executive vice president, told the Idaho Statesman by phone Tuesday his company submitted paperwork a few months ago to try and get their money back.
“I’m not holding my breath,” Wali said. “But I’m glad at least justice was served, and hopefully they don’t put him in witness relocation afterwards.”
Capri’s lawyer denied to comment Tuesday.
Capri involved in Meridian themed restaurant
Capri was born Frank Gioia Jr., and was a soldier and “made man” in New York City’s Lucchese crime syndicate, one of five families that dominated mafia activity for decades. His name was changed after he testified against fellow mob members in the 1990s and entered the Witness Protection Program, according to an investigation from the Arizona Republic. Capri’s testimony helped convict about 70 mobsters.
He later emerged in Phoenix as a real estate developer.
A plea agreement filed in his case said that in 2008, Capri was granted a licensing agreement to build and operate restaurants bearing country music star Toby Keith’s name. He required property developers to pay for his company to construct the restaurants.
However, Capri would inflate financial projections to developers so they would agree to higher payments, according to court records. In return, Capri found ways to reduce construction costs, keeping the difference for himself and his associates, law enforcement officials said. Capri’s company would also fabricate documents to appear legitimate.
From 2011 to 2015, federal investigators said property developers gave Capri’s company over $12.9 million for branded restaurants that never opened. From those funds, Capri spent over $2.7 million on jewelry alone.
In 2015, Capri expanded his operation to include building themed restaurants based on the country music band Rascal Flatts. Gardner leased a space for the Boise restaurant.
Capri’s company was also behind a second failed restaurant in the Treasure Valley. In 2014, it tried to open a Toby Keith-themed bar and grill in The Village at Meridian. However, The Village evicted the business before it could open.
This story was originally published March 1, 2022 at 12:56 PM.
