Page 1: the typed indictment in the District Court of the United States of America for the Northern District of Illinois, Eastern Division, United States of America v. Alphonse Capone, with aliases, of the June Term 1931, held at Chicago.
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Indictment in Case Number 23232 (June 1931)

The twenty-two-count income-tax indictment returned against Alphonse Capone on 5 June 1931. He was convicted on counts 1, 5, 9, 13 and 18.

Date
1931-06-05
Kind
case-file
Retrieved
2026-10-11
NAID
55311014
Docket
No. 23232, U.S. District Court, N.D. Ill., Eastern Division
Rights
A record of the U.S. District Court for the Northern District of Illinois, held by the National Archives at Chicago in Record Group 21. A United States government work, public domain in the United States under 17 U.S.C. § 105. The National Archives catalog lists access and use as unrestricted.

A twenty-two-count grand jury indictment of the June Term 1931, Northern District of Illinois, Eastern Division, against Alphonse Capone and the aliases listed in the caption. The opening page recites that the grand jury began the investigation in the April Term 1931 and continued it through the May and June Terms. The catalog holds it as 66 page images and a PDF.

The Seventh Circuit’s 1932 opinion explains the structure: counts 13 and 18 charged misdemeanors, failing to file returns for 1928 and 1929, and the other counts charged felonies, attempts to evade the tax for 1925 through 1929. The court reprints count 1, which charges that Capone did “willfully attempt to evade and defeat an income tax in the sum of, to wit, $55,365.25” for the calendar year 1925.

The jury found him guilty on counts 1, 5, 9, 13 and 18 and not guilty on the rest. The judgment of 24 October 1931 sentences him on those five counts.

itemThe United States of America v. Alphonse Capone: criminal case file, Nos. 22852 and 23232National Archives file unit for the 1931 federal income-tax prosecution of Alphonse Capone in the U.S. District Court at Chicago, case numbers 22852 and 23232. The catalog lists 226 item-level descriptions under it.itemIndictment in Case Number 22852 (March 1931)The first income-tax indictment against Alphonse Capone, returned by a federal grand jury at Chicago in the March Term 1931. Its one count concerns tax for 1924. The jury acquitted him on it.itemJury verdict, United States v. Alphonse Capone (17 October 1931)The signed jury verdict: not guilty on indictment 22852, guilty on counts one, five, nine, thirteen and eighteen of indictment 23232, returned before Judge Wilkerson on 17 October 1931.itemJudgment and sentence, United States v. Alphonse Capone (24 October 1931)Judgment of 24 October 1931 on counts One, Five, Nine, Thirteen and Eighteen of indictment 23232: imprisonment totaling eleven years and fines totaling $50,000, with costs of prosecution.itemDemurrer to Indictment in Case 23232 (29 September 1931)Defense demurrer of 29 September 1931 challenging the sufficiency of indictment 23232. The court overruled it, and the Seventh Circuit upheld that ruling.itemSummary of Indictments in United States v. Alphonse Capone (1931)Typed memorandum to 'Mr. Johnson' summarizing Capone's two income-tax indictments, No. 22852 (one count, 1924) and No. 23232 (twenty-two counts, 1925–1929).itemCapone v. United States, 56 F.2d 927 (7th Cir. 1932)The Seventh Circuit affirms Alphonse Capone's 1931 conviction on three felony counts of attempted income-tax evasion and two misdemeanor counts of failing to file returns. Decided 27 February 1932.itemCapone v. Aderhold, Warden, 2 F. Supp. 280 (N.D. Ga. 1933)The federal court at Atlanta dismisses Capone's habeas corpus petition, which argued that his felony sentences were void under the three-year statute of limitations. Decided 25 January 1933.