Acapulco’s Owners Sentenced; One Must Pay $305K In Restitution
By Mike Perleberg
(Lawrenceburg, Ind.) – Sentencing has come for two brothers who pleaded guilty to illegal activity at their southeast Indiana chain of restaurants.
Adolfo Lopez and Benito Lopez owned and managed Acapulco’s Mexican Restaurants in Dearborn, Ripley, and Ohio counties. Those restaurants were raided by Indiana State Excise Police in 2012 after an investigation determined the restaurants had been under-reporting their sales taxes.
Last month, Adolfo Lopez, 44, agreed to pleaded guilty to Corrupt Business Influence (Class C felony), Forgery (Class C felony), Perjury (Class D felony), Theft (Class C felony), and Money Laundering (Class C felony). Benito Lopez, 50, pleaded guilty to Perjury (Class D felony).
On Tuesday, each of the brothers were in Dearborn Circuit Court where Judge James D. Humphrey gave Adolfo Lopez an eight year sentence. Two years will be served on in-home incarceration while another six years will be on probation.
The younger Lopez also has to pay $305,660 in restitution to the Dearborn County Clerk of Courts for the taxes his restaurants had not paid on $4.4 million in cash sales between 2008 and 2012. He must make a lump sum payment of $61,607 within 60 days on sentencing, and then at least $3,169 monthly until the debt is repaid.
Lopez’s cash and vehicles seized during the 2012 raid will be kept by the state, because they were the proceeds of criminal activity, according to the plea agreement. Lopez will keep $61,607 – presumably to pay the restitution lump sum – as well as a pickup truck and his home in Greendale.
Benito Lopez, of Batesville, was given one year on probation. While no restitution payment was ordered, his agreement stipulated that all cash or currency and vehicles seized, with the exception of real property, will be kept by the state.
During the raids of the restaurants in 2012, 109 arrests were made including the restaurant owners and their employees. Dearborn County prosecutors dismissed the charges against 107 of the suspects, but continued to prosecute the Lopez brothers.