Volstead Act Copy

The law used to raid Capone's breweries, though the final conviction relied on tax evasion rather than Volstead Act violations.

The National Prohibition Act, informally known as the Volstead Act, served as the legal mechanism for targeting Al Capone's illegal breweries and supply routes. In late 1930, Attorney General William D. Mitchell implemented a plan to send a small team of Prohibition agents to enforce this statute while gathering evidence of conspiracy. Although Eliot Ness led the squad known as The Untouchables in destroying these operations, the specific indictment against Capone on May 3, 1932, followed a different path. While the raids resulted in 5,000 Volstead Act violations in June 1931, Federal Judge James H. Wilkerson blocked that trial, pivoting instead to a tax evasion case built by Frank Wilson and George E.Q. Johnson.

Lore & Background

Enforcement of the Volsted Act defined the conflict between federal agents and organized crime in Chicago starting in late 1930. Attorney General William D. Mitchell authorized a special squad to close Capone's breweries under this act, with U.S. attorney George E.Q. Johnson selecting Eliot Ness to lead it. While Ness claimed credit for the incorruptible force, Johnson attributed the plan and Ness's appointment to recommendations from the Secret Six and Alexander Jamie. By March 1931, raids against illegal stills began, utilizing extensive wiretapping as the main information source. These actions destroyed operations worth $500,000 in six months, causing Capone over $9 million in lost revenue. However, the Act's enforcement faced a pivotal turn when Judge James H. Wilkerson prevented the 5,000-count Volstead indictment from going to trial in June 1931.

Reader's Guide

The Volstead Act provided the statutory basis for targeting Capone's supply routes, but its use required specific judicial oversight. U.S. attorney George E.Q. Johnson directed the plan devised by President Hoover and Attorney General Mitchell to send a special team of Prohibition agents under this law. Agents like those in The Untouchables used the Act to justify raids on breweries starting March 1931, supported by wiretapping intelligence. While the Act generated an indictment for 5,000 violations in June 1931, it was not the instrument of final conviction; Judge Wilkerson blocked that path. Instead, the legal strategy shifted to tax evasion, proving that while the Volstead Act damaged Capone's operations financially, it was the Internal Revenue Service's work under Frank Wilson and George Johnson that secured his eleven-year prison sentence.

Did You Know?

Ness refused a bribe of $2,000 per week from a member of Capone's gang.
The nickname 'The Untouchables' was coined by Charles Schwarz of the Chicago Daily News after failed bribery attempts.
Ness and Capone met in person only once: on May 3, 1932, when Ness escorted him from Cook County Jail to the Dixie Flyer train.

Early Life and Professional Foundations

Eliot Ness was born April 19, 1903, in Chicago's Roseland neighborhood to Norwegian immigrants Peter and Emma Ness. He graduated from Christian Fenger High School and the University of Chicago in 1925 with degrees in political science and business administration, joining Sigma Alpha Epsilon. After working as an investigator for the Retail Credit Company, he joined the U.S. Treasury Department's Bureau of Prohibition in 1926. In 1929, he returned to university for a graduate course in criminology taught by August Vollmer, whose ideas on professionalizing law enforcement influenced his career.

Formation of the Untouchables

In late 1930, Attorney General William D. Mitchell implemented a plan under President Hoover to target Capone's breweries using Prohibition agents working under U.S. attorney George E.Q. Johnson. Johnson chose the 27-year-old Ness to lead this squad, crediting recommendations from Alexander Jamie and Col. Robert Isham Randolph of the Secret Six. Facing endemic corruption, Ness reviewed all Prohibition agent records to handpick a reliable team initially of six, eventually growing to about ten. They launched raids in March 1931 based on extensive wiretapping.

The Campaign Against Capone

Between March and September 1931, Ness's agents destroyed bootlegging operations worth $500,000 (approx. $9.9 million in 2022) and cost Capone over $9 million in lost revenue. These actions led to an indictment on 5,000 Volstead Act violations in June 1931. However, Federal Judge James H. Wilkerson prevented this from trial, directing the prosecution toward tax evasion. On October 17, 1931, Capone was convicted on three of 22 counts and sentenced to eleven years. On May 3, 1932, Ness escorted Capone to Atlanta Federal Penitentiary; it was the only time they met in person.

Post-Prohibition Career and Legacy

After Prohibition ended in 1933, Ness worked as an alcohol tax agent before becoming Cleveland's Safety Director in December 1935. He led reforms inspired by August Vollmer but faced criticism over the Cleveland Torso Murders and a drunk driving accident he tried to cover up. Following his divorce in 1938 and remarriage in 1939, he moved to Washington D.C. in 1942. After business ventures failed, including at Diebold Corporation (1944–1951), he struggled financially, working odd jobs until joining Guaranty Paper Corporation in 1956. He died May 16, 1957; his memoir The Untouchables was released months later, sparking screen portrayals of his life.