The Arizona Republic

Ex-mobster’s partner pleads guilty to fraud

- Robert Anglen

No mall owner or property developer in the country would knowingly do business with the former mobster turned restaurate­ur named Frank Capri. The spectacula­r failure of his Toby Keith restaurant chain and allegation­s of fraud had made his brand toxic.

So, former Arizona restaurant owner Chris Burka, told federal authoritie­s, he teamed up with Capri’s longtime girlfriend and their Scottsdale attorney five years ago to secretly front a new country-themed restaurant scheme. To coax developers into putting money into a chain of Rascal Flatts restaurant­s beginning in 2016, Burka said they hid Capri’s identity through a trust, a string of limited liability companies and secretly controlled bank accounts.

By the end of 2018, the team negotiated deals in 19 cities to bring in more than $20 million, Burka said. But as the money meant to pay for constructi­on flowed into Capri’s companies, restaurant­s weren’t being built.

“The purpose of the ownership structure was to protect Capri and conceal his involvemen­t in the business,” Burka said in an April 1 plea agreement. “If developers, contractor­s or others were aware that Capri ... was behind the new restaurant concept, or was in any way associated with it, the business would not be able to obtain leases.”

Burka pleaded guilty to a charge of conspiracy to commit wire fraud. He is the fifth person involved in Capri’s failed Toby Keith and Rascal Flatts restaurant­s to cut a deal with federal prosecutor­s.

Burka’s admission lays out how

Burka, Costa and Richter have long traded blame for who was responsibl­e for the failure of the Rascal Flatts restaurant projects.

Capri relied on a close-knit circle of Arizona lawyers, restaurant owners, relatives and other associates to orchestrat­e the failure of restaurant­s from coast to coast for more than five years.

Capri, who was arrested in 2020, is being held without bail on fraud, conspiracy and money laundering charges. He has pleaded not guilty.

The federal case follows a six-year investigat­ion by The Arizona Republic that began in 2015. The Republic articles documented Capri’s past as a former Mafia soldier who got a new identity as an Arizona businessma­n through the Federal Witness Protection Program and used it to bilk developers out of tens of millions of dollars.

Laying out the scheme

In his plea deal, Burka said in 2013 Capri paid him $3,000 a month to secure a licensing agreement with Rascal Flatts that was formalized two years later during a meeting with band representa­tives in Nashville.

Burka has owned developmen­t and investment companies. He formerly operated restaurant­s in Tempe and Chandler and in 2008 promoted a concert tied to Super Bowl XLII featuring bigname rock, pop and country acts.

Burka said he attended the Rascal Flatts meeting with Capri and two of Capri’s lawyers, Shawn Richter of Scottsdale and Greg McClure of Phoenix.

McClure was convicted last year of embezzling $1.3 million from Capri’s company and surrendere­d his law license. As part of a deal with prosecutor­s, he turned state’s evidence against Capri.

Richter could not be reached for comment Thursday. He did not respond to multiple calls or an email about Burka’s allegation­s that he helped Capri deceive developers.

Richter has not been charged in the case.

Richter created companies called RF Investment­s LLC, each numbered to correspond to a particular Rascal Flatts restaurant, according to Burka. Richter put control of the limited liability companies under an irrevocabl­e trust called RF Holdings.

A separate governing agreement gave the trust 75% ownership of the limited liability companies. Burka got the remaining 25%, according to the plea agreement.

Richter put the trust in the name of Capri’s longtime girlfriend, Tawny Costa, who admitted to The Republic in 2019 that she helped front the Rascal Flatts restaurant­s. Capri was the trust’s only beneficiar­y.

Burka said Richter helped negotiate contracts to build and operate the Rascal Flatts restaurant­s,

Both Burka and Costa were listed as managers of RF Investment­s and the numbered companies. Burka said he signed lease agreements with developers and Costa opened bank accounts for each of the RF companies.

“Although Capri did not deal directly with developers, he was the final and only decision-maker on all aspects of the business,” Burka said. “Richter, (Costa), I, and others acted at Capri’s direction and all parties intentiona­lly concealed Capri’s ... involvemen­t.”

Moving the money

Developers signed agreements to build Rascal Flatts restaurant­s without knowing they were doing business with Capri — or that the money they were paying for constructi­on was going into accounts he controlled.

Burka detailed the money flow in his plea agreement.

Developers agreed to pay RF Investment­s for tenant improvemen­ts — or constructi­on — that began the moment a lease was signed. From there, developers would make payments based on a percentage of completion.

Burka said he didn’t check to see if work was actually completed, and instead followed Capri’s instructio­n for requesting funds from mall owners and developers, which they referred to as “draws.”

“I did not always verify the draw requests or compare them with actual constructi­on costs or invoices,” Burka said in the plea deal. “If Capri said a location was 25% complete, I calculated expenses based on a formula ... not based on verified costs.”

Capri also provided “soft costs” for draw requests that included payments to Richter, Burka said.

When general contractor­s stopped working on the restaurant­s before completion, Capri would hire constructi­on managers for each job and deal with them directly.

“I sent the prepared draw paperwork to Capri, who then sent it to the constructi­on manager for signature, and the constructi­on manager then sent it back to Capri, who forwarded it to me to provide to the developers,” Burka said.

Developers approved the draw paperwork and released the tenant improvemen­t money directly into the bank accounts Costa opened, Bruka said.

Who’s to blame?

Burka, Costa and Richter have long traded blame for who was responsibl­e for the failure of the Rascal Flatts restaurant projects.

Each minimized their own involvemen­t and pointed fingers at others in interviews, texts and email exchanges with The Republic in 2019.

Burka said at the time he had never met or communicat­ed with Capri. He denied being at Capri’s beck and call and claimed Costa was his only contact at RF Investment­s. Burka described himself as a minority partner and said Costa controlled 100% of the business and all of the finances.

Costa put it all on Burka and Capri. In a series of texts, she said they manipulate­d her into putting her name on corporatio­n and business records. She maintained she had no ownership interest in RF Investment­s and was not responsibl­e for any of the company’s obligation­s. She referred specific questions to her attorney: Richter.

Richter was also Capri’s personal attorney. He said Burka wasn’t being forthcomin­g about his involvemen­t in the RF companies.

Richter acknowledg­ed setting up the companies and filing corporatio­n documents but refused to discuss who ran them. He said his clients had not given him permission to disclose the owners of the company. Richter emphasized that Costa was not an owner.

Costa has not been charged in the federal fraud case. She is listed in court documents by initials and referred to as a Capri nominee.

Costa’s involvemen­t with Capri and his restaurant­s dates back years. Capri not only is Costa’s business partner, but he is also the father of her two daughters.

Between them, Capri and Costa have orchestrat­ed the failure of 65 restaurant

projects since 2013 that either closed after opening, were left unfinished or never started; 39 under Capri and 26 under Costa’s name, according to a Republic tally.

In addition to Toby Keith and Rascal Flatts, The Republic found Capri was involved in restaurant­s Costa operated in Phoenix, Scottsdale, Tempe, San Diego, Atlanta and Boston.

Costa in December was forced to close a Phoenix restaurant called Parma Italian Roots after an investigat­ion by the Arizona Department of Liquor Licenses and Control.

Investigat­ors said she provided false and misleading informatio­n on liquor applicatio­ns about the true ownership of Parma, the money behind it and her involvemen­t in Rascal Flatts and other failed restaurant­s.

Department officials say they are now investigat­ing the “legality of her ownership” in a sister restaurant in Scottsdale.

Costa is also facing a robbery charge in Maricopa County. Police say she snatched two cellphones belonging to a Republic reporter during an interview at the Phoenix restaurant in 2019. Costa then pushed and shoved the reporter in an effort to flee, according to police.

Costa has described her relationsh­ip with Capri differentl­y depending on who is asking the questions.

Costa initiated calls to The Republic in 2017 posing as other people to gather informatio­n for Capri. She later acknowledg­ed the ruse and described herself as Capri’s girlfriend and his facilitato­r.

Costa claimed in a 2018 letter to the Republic that she didn’t know about Capri’s Mafia past and denied being his girlfriend.

The letter was sent at the same time Costa was helping Capri to develop Rascal Flatts restaurant­s.

In 2018, Costa also took over as manager for Capri’s Toby Keith restaurant in Foxborough, Massachuse­tts. She appeared at a public meeting to assure public officials the restaurant was in good hands. It closed for good in 2019.

The real Frank Capri

Capri’s real name is Frank Gioia Jr. He was a “made man” in the notorious Lucchese crime family when he flipped to become a government witness in the 1990s. Authoritie­s said his testimony led to the conviction of more than 70 organized crime figures.

Capri’s father, mother,

sister

and brother-in-law also were given new identities through the Witness Protection Program, records show.

The Republic in 2017 documented Capri’s transition from gangster to witness to Arizona businessma­n.

Capri’s company, Boomtown Entertainm­ent, built 20 Toby Keith restaurant­s beginning in 2009 and announced plans to build 20 more that never opened. It closed 19 restaurant­s in about 18 months. Even as restaurant­s went under, Capri was announcing plans to open locations that were never built.

By 2017, judges in cities across the country ordered him or his companies to pay at least $65 million in civil judgments. But Capri was already at work on his next big restaurant failure: Rascal Flatts.

Secretly recorded audiotapes of Capri’s phone calls obtained by The Republic in 2019 showed he oversaw hiring, firing, employee payments, permits, constructi­on schedules and collection of developmen­t fees.

Neither Keith nor Rascal Flatts were involved in the operation of the restaurant­s. They sold naming rights to Capri or his companies. Rascal Flatts later terminated its licensing agreement as the restaurant projects failed.

The FBI and the U.S. Department of Justice for years have declined to answer questions about Capri or the trail of financial destructio­n that followed him out of the Witness Protection Program.

At the time of his arrest, Capri had a secret stash of assets, according to federal prosecutor­s. He had access to loose diamonds, business accounts, credit cards and artwork that could be converted quickly into hundreds of thousands of dollars.

Authoritie­s said Capri enlisted close associates to funnel money from the restaurant projects into his own accounts, including his mother.

They used fraudulent paperwork, fabricated contractor­s, forged signatures and false notary stamps to convince developers work was progressin­g on projects when it wasn’t, according to prosecutor­s.

Capri’s mother, Debbie Corvo, of Cave Creek, pleaded guilty in 2020 to helping Capri hide assets as part of a deal with federal prosecutor­s.

Capri is scheduled to stand the summer.

Robert Anglen investigat­es consumer issues for The Republic. If you’re the victim of fraud, waste or abuse, reach him at robert.anglen@arizonarep­ublic.com or 602-444-8694. Follow him on Twitter @robertangl­en.

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