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First typed page of the judgment in United States of America vs. Alphonse Capone, Nos. 22852 and 23232 consolidated, listing his aliases and reciting that the motion for arrest of judgment is overruled.
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Judgment 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.

Date
1931-10-24
Kind
case-file
Source
National Archives Catalog
Retrieved
2026-10-12
NAID
55311708
Docket
No. 22852 and No. 23232 (consolidated), 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.

The catalog title is “Judgment and Sentence on Verdict and Exception as per Draft.” The caption reads United States of America vs. Alphonse Capone, with the aliases Alphonse Brown, Al Capone, Al Brown, “Scarface” Brown, “Scarface” Capone and A. Costa, Nos. 22852 and 23232 consolidated. The first page records that the court overruled the motion in arrest of judgment and then pronounced “the sentence and judgment of the court upon the verdict of guilty heretofore rendered by the jury on Counts One, Five, Nine, Thirteen, and Eighteen of indictment No. 23232.”

The sentence is five years in the penitentiary and a $10,000 fine on each of counts One, Five and Nine, and one year in the county jail and a $10,000 fine on each of counts Thirteen and Eighteen: imprisonment totaling eleven years and fines totaling $50,000.00, plus costs of prosecution. The 1933 habeas opinion, Capone v. Aderhold, states the order of the felony terms: “The sentence on count 5 was made to run concurrently with the sentence imposed on count 1, and the sentence on count 9 was to follow the termination of imprisonment under the concurrent sentences imposed on counts 1 and 5.”

The court amended the wording of the judgment on 9 November 1931. The stored image is the first page, downloaded from the National Archives catalog on 12 October 2026 and reduced in size.

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.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.itemCommitment to the Cook County Jail and the Leavenworth penitentiary (24 October 1931)Commitment writ of 24 October 1931 for Alphonse Capone, addressed to the U.S. Marshal, the warden at Leavenworth and the Cook County jailer, covering the felony terms of ten years and $30,000 in fines.itemOrder Amending Judgment and Sentence of October 24, 1931 (9 November 1931)Order of 9 November 1931 in D.C. No. 23232 restating the sentence on the misdemeanor counts so that the record matches the sentence announced from the bench.itemMotion in Arrest of Judgment (23 October 1931)Defense motion in arrest of judgment filed after the verdict in the Capone tax case. The court heard argument and overruled it on 24 October 1931.itemIndictment 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.itemMandate of the Circuit Court of Appeals (3 May 1932)Mandate of the Seventh Circuit returning the Capone tax case, Nos. 22852 and 23232, to the District Court at Chicago after the appeal was decided.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.itemUnited States v. Capone, 93 F.2d 840 (7th Cir. 1937)The Seventh Circuit dismisses Capone's appeal from the refusal to vacate his 1931 county-jail sentences on counts 13 and 18. Decided 20 December 1937.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.