Al Capone concurrently. New lawyers hired to represent Capone were Washington-based tax experts. They filed a writ of habeas corpus based on a Supreme Court ruling that tax evasion was not fraud, which apparently meant that Capone had been convicted on charges relating to years that were actually outside the time limit for prosecution. However, a judge interpreted the law so that the time that Capone had spent in Miami was subtracted from the age of the offences, thereby denying the appeal of both Capone's conviction and sentence. Capone was sent to Atlanta U.S. Penitentiary in May 1932, aged 33. Upon his
Frank Capone from a shop belonging to his North Side Gang rival, Dean O'Banion. Frank was interred at Mount Carmel Cemetery outside Chicago. The "Chicago Tribune" reported that the event was appropriate for, "...a fitting gentleman." Out of respect for his dead brother, Al Capone closed the gambling dens and speakeasies of Cicero for two hours during the funeral. Morgan Spector portrayed Frank Capone in the fourth season of the HBO television show "Boardwalk Empire". In the show, Frank is portrayed as charismatic and level-headed, often attempting to cool Al's temper. Frank Capone Frank Capone (July 16, 1895 – April 1, 1924)