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Editor, Times-Union:
Money talks and criminals walk. This has been true in Chicago since the days of Al Capone. If we want to fight against Chicago gangs, maybe we should use a tactic that brought down Al Capone. Since gang members can shoot and kill people and get out of doing jail time because the gangs have enough money to pay the bail of the killers, maybe we should call in the IRS and accuse the gangs of tax evasion.
The 16th Amendment to the Constitution states: “The Congress shall have power to lay and collect taxes on incomes, from what ever source derived, without apportionment among the several States, and without regard to any census or enumeration.” If a judge or prosecutor in Chicago were to use this amendment to crack down on gangs, even nonviolent gang members could see prison time for tax evasion. Drugs, gambling and prostitution bring in income for many, and it is about time we used the Constitution against them.
Here's what could be done: When a gang member is arrested for a crime and someone in the gang comes to bail him out, an IRS agent should be in the precinct office to determine if the source of the bail money has been taxed. Drug dealing is lucrative and illegal. But it produces an income for the gang. If the person posting bail has no proof that taxes were paid, the money should be seized and until proof that taxes were paid on the money gained from the sale of drugs can be presented, the criminal will not be allowed to leave jail. Gangs will be angry that the IRS is involved, just like Al Capone was angry. The 16th Amendment doesn't state that the income has to be only from legal sources.
We might need another Eliot Ness and federal agents that could call themselves the New Untouchables to go after the gangs to end gun violence, to some extent, and confiscate the money made from drug dealing. Banks that might be involved with gangs by accepting their money could be audited. Gangbangers that are put on trial could go to federal prison for both murder and tax evasion. Since Chicago has supposedly tough gun laws, they should be enforced and fines plus jail time should be increased.
If Chicago uses the IRS to shut down gangs, other criminal operations should be attacked by the IRS. There will be a bit of overcrowding in the prisons. But maybe the fear of doing serious time and removing the profit from drugs, illegal gambling and prostitution will lower the death toll around the nation and not just Chicago.
Rick Badman
Warsaw
