The Office of
the United States Attorney for the District of Vermont announced that
Carol Capoccia, 55, of Guilderland, New York, was sentenced today
in United States District Court in Brattleboro to one year of probation
following her guilty plea to a charge that she obstructed a federal
grand jury investigation. As a condition of probation, U.S. District
Judge J. Garvan Murtha ordered that Capoccia perform 100 hours of
community service.
In March 2003, a federal grand jury in Vermont indicted Carol Capoccia,
her husband Andrew Capoccia and five other defendants on criminal
charges stemming from the investigation of the Law Centers for Consumer
Protection and related debt reduction businesses that commenced operations
in Albany but moved to Vermont in 2000. The Law Centers went bankrupt
in January 2003 owing thousands of former clients millions of dollars
in pre-paid fees and other monies. The charges accused Andrew Capoccia
and four other defendants with misappropriating the missing funds.
The indictment did not charge Carol Capoccia with crimes in relation
to the operations of the Law Centers, but did accuse her of attempting
to obstruct the criminal investigation by having a housekeeper remove
documents during a court-ordered search of her home by law enforcement
authorities, and by dissipating money from a bank account that the
court had ordered frozen.
During pre-trial proceedings in Vermont, the charges against Carol
Capoccia were dropped without prejudice to renewal. Eventually, all
defendants charged with the fraud upon the Law Centers, including
Andrew Capoccia, either pleaded guilty or were convicted after trial.
In June 2006, a federal grand jury in Albany, New York filed a new
indictment against Ms. Capoccia which included the original charges
prosecuted in Vermont as well as one additional count of structuring
cash transactions to avoid causing a bank to file a currency transaction
report.
In pleading guilty, Ms. Capoccia admitted that she had her housekeeper
smuggle financial records out of her house during a court-ordered
search that took place on March 19, 2002. As a result of that conduct,
those records were never made available to the grand jury.
As part of her plea, Ms. Capoccia agreed not to contest the forfeiture
of about three million dollars worth of property that the Government
seized from her in 2002 as part of the Law Centers investigation.
In exchange for Ms. Capoccia's plea in Vermont, the United States
has dismissed the indictment that was returned in Albany last summer.
This case was investigated by the Federal Bureau of Investigation,
Burlington, Vermont Resident Agency of the Albany Division, the New
York State Attorney General's Office and the New York State Police.
Carol Capoccia is represented by E. Stewart Jones of Troy, New York.
The case is being prosecuted by Assistant U.S. Attorneys Gregory Waples
and James Gelber.