Jonathan Eig's "Get Capone"

The fix was in.

Al Capone, the iconic Chicago gangster who in the 1920s gave a face to the American mob, got sandbagged by the legal system he had artfully abused for years.

The result: a conviction for income-tax evasion and a sentence of 11 years in prison. But that wasn’t the way it was supposed to play out.

According to Jonathan Eig, in his fascinating new book “Get Capone: The Secret Plot That Captured America's Most Wanted Gangster,” Big Al was supposed to get 2 1/2 years after pleading guilty in 1931 to income-tax evasion and Prohibition-violation charges.

The deal was worked about by his lawyers and federal prosecutor George Johnson, head of the U.S. Attorney’s Office in Chicago.

Johnson knew he had a weak case built on circumstantial evidence and less-than-credible witnesses. He agreed to the deal, figuring any conviction involving Capone — who epitomized a criminal underworld out of control — was worth taking. But the federal judge in the case, after what Eig implies was pressure from President Herbert Hoover, nixed the deal. Hoover, Eig writes, used to start each day with an exercise routine, but before he began, he would ask his Cabinet members, “Have you got Capone yet?” Not only did Judge James H. Wilkerson sandbag the lawyers and prosecutors, Eig writes, but he also may have rigged the jury pool for the subsequent trial, making sure it was stacked with middle-aged or older white males from the suburbs.

Capone’s lawyers had hoped for at least some ethnic, working-class Chicagoans as potential jurors. But there were none.

Eig’s book is a sweeping account of Capone’s life set against the backdrop of a city where corruption was the norm and a country dealing with the hypocrisy of Prohibition and the devastation of the Great Depression.

Federal court was the only place authorities had a shot at convicting Capone, Eig wrote, noting that city courts were a place where “crooked lawyers bribed crooked cops to testify the right way before crooked judges.”

Capone had quickly established himself in the bootlegging business after moving from New York to Chicago.

He also generated income from gambling, extortion, narcotics and prostitution and was a suspect in more than a few murders. But he was never convicted of any of those crimes.

Eig has built his book around extensive research in court records and in newspaper accounts from the day — Capone was an unbelievably loquacious mob boss who was constantly granting interviews.

Some samples of his bons mots to reporters:

“You can get a lot farther with a smile and a gun than you can with just a smile.”

“Ninety-nine percent of the people in Chicago drink and gamble. I’ve tried to serve them decent liquor and square games.”

“If I were guilty of all the newspapers accuse me of, I would be afraid of myself.”

In addition to positing that the judicial system was manipulated to send Capone to jail, the book also puts the lie to the theory that Capone was behind one of Chicago’s more infamous mob hits — the St. Valentine’s Day massacre.

More probable, Eig writes, is that the shootings, in which seven gangsters were killed, were carried out by police to avenge the murder of the son of a law enforcement figure.

Eig also says it was a bookish accountant with the Internal Revenue Bureau named Frank Wilson who built the tax case used to convict Capone.

In a short chapter titled “The So-Called Untouchables,” Eig notes that Eliot Ness “gave terrific interviews” and that he came up with a “catchy nickname for his squad of gangbusters” that had newspaper reporters “dashing for their typewriters.” But while Ness’ squad busted up some breweries, it did little to bust up the mob.

The book also provides an interesting account of Capone’s arrest in Philadelphia and his one-year stay at Eastern State Prison. Capone was pinched on a gun-possession charge as he exited the old Stanley Theater after watching a movie.

Big Al and three associates had stopped there while traveling home by train from Atlantic City, where a big mob confab had been held.

Capone, who was featured on the cover of Time magazine in 1930 in an article that described him as the “John D. Rockefeller of the underworld,” is presented by Eig as a multifaceted and charismatic crime titan.

He could be violent and short-tempered, yet was also caring and sympathetic. A loving father and husband, he also ran and frequented brothels. He counseled peace during a turbulent period of underworld unrest, yet was suspected of orchestrating some of gangland’s most violent murders. And all the while, he and other members of the Chicago Outfit made millions.

The estimates: $50 million a year from bootlegging; $25 million from gambling; and $10 million each from prostitution and narcotics. That came to $95 million annually, or, Eig noted, “about $1.2 billion by today’s dollars.”

Capone never denied he was a bootlegger, but said he was just giving the public what it wanted. In an interview with the New York Times just days before his aborted sentencing, he asked how his crimes stacked up against the pirates in the banking business and on Wall Street who had stolen from the public.

“Why don’t they go after those bankers who took the savings of thousands of poor people and lost them in bank failures?” asked Capone, who was sitting behind his desk in a suite of rooms he kept at the Lexington Hotel, “his hulking frame clad in black, silk pajamas.” But those bankers, Eig seems to argue, were part of the system.

Capone was not. His lavish lifestyle — a home in Florida, another in Chicago, fancy clothes, big cigars, and days of leisure at the racetrack, on the golf course, or in some brothel — did not sit well with Hoover and those in his administration.

While the feds were never able to prove many of the things they believed Capone had done, “Get Capone” argues that they were determined to put him behind bars because of who he was — a quick-talking, larger-than-life outlaw who had become America’s first celebrity gangster.

Thanks to George Anastasia

Tweet

Leaders of the Detroit Highwaymen Found Guilty of Racketeering, Drug, and Weapons Charges

Six leaders of the Detroit Highwaymen Motorcycle Club were found guilty on a variety of charges, including conspiracy to violate federal racketeering laws and conspiracy to commit murder, along with controlled substance, stolen property, and firearm violations, United States Attorney Barbara L. McQuade announced. These six defendants are the first of 91 Detroit Highwaymen members and associates to go to trial.

United States Attorney McQuade was joined in the announcement by Special Agent in Charge Andrew G. Arena, Federal Bureau of Investigation. Leonard “Dad” Moore, 61, Joseph “Little Joe” Whiting, 56, Anthony “Mad Anthony” Clark, 52, Michael “Cocoa” Cicchetti, 55, Aref “Scarfare” Nagi, 46, and Gary “Junior” Ball Jr., 44, were found guilty today by a federal jury in United States District Court empaneled before Judge Nancy G. Edmunds. The jury deliberated for approximately 25 hours before returning the verdict, concluding a two-month long trial.

United States Attorney Barbara L. McQuade said, “Violent crime is a top priority of the U.S. Attorney’s Office, and we will use all of the tools available to us to attack violent criminal organizations like this one.”

“Dismantling violent gangs is a continuing priority for the FBI. This verdict is the direct result of joint efforts with our federal, state and local law enforcement partners, and we will continue to work diligently with our colleagues to investigate and eradicate gangs and the violence they perpetrate,” said FBI Special Agent in Charge Andrew G. Arena. “Together we are committed to restoring safety and security to our neighborhoods.”

The Highwaymen Motorcycle Club is headquartered in southwest Detroit and has numerous chapters in the city of Detroit, in several cities in southeast Michigan, and has chapters in other states. Prosecutors were able to prove the violent nature of the club when witnesses testified to a range of criminal activity including armed robbery, attempted murder, conspiracies to kill witnesses, use of firearms during acts of violence, and the distribution of large amounts of marijuana, cocaine, and steroids.

Evidence at trial also established the highly structured organization and chain of the command of the Highwaymen. These six defendants represented many of the officers, or bosses, of the enterprise. Evidence also showed that other members of the club were heavily involved in narcotics trafficking and theft offenses.

This case was investigated by the Federal Bureau of Investigation and their Violent Crime Task Force, with the assistance of the Brownstown Township Police Department, Detroit Police Department, Wayne County Sheriff’s Department and the Michigan State Police. FBI Special Agent Ted Brzezinski was the lead case agent responsible for handling and coordinating the multi-year investigative effort.

Each defendant faces a potential life sentence due to the nature of the offenses. The case was prosecuted by Assistant U.S. Attorney’s Diane Marion and Christopher Graveline.

Tweet

Jon Burge Compared to Al Capone by Jury Prospect?

A prospective juror accused of likening former Chicago Police Commander. Jon Burge to infamous mob boss Al Capone told a federal judge she did not recall saying that.

The juror was called in early this morning after another juror told the court Tuesday that the woman said that Burge, who is on trial for lying about the torturing suspects during the 70s and 80s, was like Capone because "he got away with a lot of stuff and now they're trying to hang him."

When asked about the alleged statement, the juror told U.S. District Court Judge Joan Lefkow, "I do not recall that."

Lefkow conferred privately with both sides and sent the woman back to the pool of prospective jurors.

Prior to questioning the juror, Burge attorney Marc Martin asked Lefkow to individually question each of the 43 prospective jurors about whether they had seen any news reports on the trial since Tuesday, saying the the alleged Capone statement was widely reported and was prejudicial to his client.

Lefkow agreed to question the panel as a group, and said she and the attorneys could later decide what to do with any prospective jurors who admitted to seeing or hearing news accounts of Tuesday's proceedings.

Opening statements are expected today in the trial. Jury selection is slated to wrap up earlier in the day.

Burge is charged with obstruction of justice and perjury for lying about torture that allegedly occurred in the 1970s and 1980s. He faces up to 45 years in prison if convicted on all
counts.

The trial is expected to take six weeks.

Thanks to Matthew Walberg

Tweet

Art Bilek, Mob Fighting Former Cop, to Head the Chicago Crime Commission

A former Chicago cop with decades of experience battling organized crime has been appointed to lead the Chicago Crime Commission.

Art Bilek, 80, helped arrest the “Burglars in Blue” — North Side cops fencing stolen goods — in 1960, and helped break up the Chicago Outfit’s “floating craps game” in the mid-1960s.

He says he plans to reintroduce a program that began in the 1920s: a “Most Wanted” top 10 list for Chicago.

He plans to continue the commission’s work identifying the city’s powerful street gang leaders, who he said pose a “far more serious problem than the Outfit in today’s Chicago,” and to continue campaigning against video gambling machines.

“If you asked 100 Chicagoans to identify who controls the drug trade, you probably wouldn't get a single name,” he said, “We want to change that.”

Bilek, Cook County Sheriff Richard Ogilvie’s police chief in the 1960s, founded the criminal justice department at the University of Illinois at Chicago and led corporate security for Hilton Hotels and First National Bank of Chicago.

Thanks to Kim Janssen

Tweet

Two Upper Echelon Chicago Outfit Members Informing for the Feds?

Federal authorities in Chicago have been cultivating information from two "upper echelon" members of the Outfit for decades, according to a court filing in a current Mob prosecution.

The existence of a pair of Mob moles, called "Confidential Informant One" and "Confidential Informant Two," were disclosed by the defense team in an Outfit-related bombing conspiracy.

"Confidential Informant One is an alleged upper echelon member of the 'Outfit' and has been providing information to the government for over 25 years" states the court filing.

Confidential Informant Two is "another upper echelon Outfit associate who had been providing information to the government since 1994."

Both snitches are said to have handed federal authorities information about Outfit boss Michael "Big Mike" Sarno of Westchester.

Sarno, 52, is among several men charged with a scheme to blow up a video poker company in Berwyn that was competing with a mob-controlled firm.

FBI spokesman Ross Rice declined to comment on whether the government had two high ranking Mob moles, noting that the court motion in which they were disclosed was "filed by the defense."

Rice said that "the government/prosecution has not yet responded. As such, there is nothing further I can say at this time."

The top-ranking Outfit informant told authorities that Mike Sarno was in charge of certain Mob rackets during the time Jimmy "The Man" Marcello and his brother Michael were in prison, according to the court filing.

That informant also reported that Sarno was "feuding" with west suburban Mob boss Anthony "Little Tony" Zizzo, an imbroglio that "came to a crescendo just before Zizzo was last seen."

The rotund Zizzo, 71, was last seen on Aug. 31, 2006 by his wife as he drove to a meeting from his Westmont home.

There were no names provided for the two informants. A third mole was also disclosed in the court filing, but no details were provided about that person's role in the Outfit.

Thanks to Chuck Goudie and Ann Pistone

Tweet