Revenue
Agent RALPH HERRICK: I think
it is only fair to say that any statements which are made here, which
could be
used against you, probably would be used.
LAWRENCE
MATTINGLY, Capone's tax lawyer: Insofar as Mr. Capone can
answer any questions
without admitting his liability to criminal action, he is here to
cooperate with you and work with you.
HERRICK: What
records have you of your income, Mr. Capone-do you keep any records?
CAPONE: No, I never did,
HERRICK: Any
checking accounts?
CAPONE:
No,
sir.
HERRICK: How long, Mr. Capone, have
you
enjoyed a large income?
CAPONE:
I
never had much of an income.
HERRICK: I will state it a little
differently-an income that might be taxable?
CAPONE:
I
would rather let my lawyer answer that question.
MATTINGLY: Well, I'll tell you. Prior to 1926, John Torrio, who
happens to be a client of mine, was the employer of Mr. Capone, and up
to that
point it is my impression that Mr. Capone's income wasn't there. He was
in the
position of an employee, pure and simple. That is the information I get
from
Mr. Torrio and Mr. Capone.
WILSON: Have you ever filed income
tax
returns?
CAPONE: No.
WILSON: What was your marital
status during
the years under question-were you married?
CAPONE:
Absolutely.
WILSON: Any children?
CAPONE:
Yes, one.
WILSON: How old?
CAPONE:
Twelve.
WILSON: For the years mentioned,
did you buy
or sell any real estate?
CAPONE: No,
sir.
WILSON: Did you furnish any money
to purchase
real estate which was placed in the name of others?
CAPONE: I
would rather let my lawyer answer that question.
MATTINGLY:
I have no objection to answering that question.
Mr. Capone bought a piece of property in Miami, Florida,
in the name of his wife
in the year 1928.
WILSON: Did you furnish the money
to pay for
that property?
CAPONE: Yes.
WILSON: What was the purchase
price of that
property?
CAPONE: $10,000 cash, $30,000 mortgage.
WILSON: What was the source of the
money you
used to make your cash payment?
CAPONE: I
would rather let my lawyer answer that question.
[Mattingly objected to the
question, and Wilson rephrased it.].
WILSON: Did you purchase any
securities
during the years under consideration?
CAPONE: No,
I never had anything like that.
WILSON: Did you have any brokerage
accounts
in your own name?
CAPONE: No.
WILSON: Did you have any brokerage
accounts
under an assumed name?
CAPONE: No.
WILSON: Did your wife or relatives
have any
brokerage accounts, or did they purchase any securities?
CAPONE: I
would rather not answer that question.
WILSON: Are you interested in any
way in the
Roosevelt Securities Company?
CAPONE: No.
WILSON: Roosevelt Finance Company?
CAPONE: No.
WILSON: Do you care to give us any
statement
of your assets and liabilities' at the present time?
CAPONE: My
lawyer is taking care of all that.
WILSON: Have you any record of the
monies
which you might have spent for expenses during the four years under
review?
CAPONE: No.
I have no records whatsoever.
WILSON: You employed several
attorneys during
the four years under review-have you any idea as to the fees you paid
them?
CAPONE: I
would .rather let my lawyer answer that
question.
WILSON: Were your financial
transactions,
particularly disbursements, usually handled in currency?
CAPONE: Yes.
WILSON: You have no canceled
checks or check
stubs?
CAPONE: No.
WILSON: What did you do with your
money--carry it on your person?
CAPONE:
Carried it on my person.
MATTINGLY:
After Mr. Capone leaves and this interview is
over, I should like to discuss this matter with you gentlemen, probably
make
some arrangement suitable to your convenience.
HERRICK: I
know you spoke of going to Florida
or somewhere. Then you mean you can
start this morning, taking this matter up?
MATTINGLY:
Yes. I should like to spend Easter with my
family in Florida,
and I had thought, gentlemen, that it might be possible to postpone
this until
next week, but that is a matter for you to decide.
HERRICK: It
is a matter that we all want cleaned up, and,
if possible, I think it would be desirable to make a start on it. If we
have to
defer it later, there isn't any disposition on our part to keep you
away from
your family over Easter, but it seems to me that the quicker we get
started on
it, the better it will be.
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