GOVERNOR WILL DECIDE FATE OF 'AL CAPONE BILL'

Legislation that would make it easier for law enforcement officers to
nail major drug kingpins with tax evasion charges is on its way to the
governor.

House Bill 611, dubbed the "Al Capone bill," would allow the creation
of a task force consisting of narcotics, attorney general, public
safety and tax commission officials to go after drug dealers.

Currently, tax records are protected under state law, meaning the
Mississippi Bureau of Narcotics, for instance, can't easily access the
records of a suspected drug dealer.

But if Gov. Haley Barbour signs the bill, a narcotics officer could
refer that suspect to the attorney general's office.

If the attorney general's office determines he or she has probably
committed tax evasion, the information can be forwarded to the Tax
Commission for an investigation. If the commission reports that the
suspect has failed to report income, the attorney general's office can
then prosecute for tax evasion.

And, during the investigation, officials could look for evidence of
drug crimes.

Rep. Cecil Brown, D-Jackson, who crafted the bill, could not say how
much the task force would cost but said he believes any additional
expenses would be more than covered by tax money seized from drug dealers.

"We've got a lot of unreported income out there for drug dealers," he
said. "I've done audits of people's financial records, you can't hide
from financial records. You've heard this, 'Follow the money?' That's
what you do, follow the money."

Brown did not know whether other states had similar laws, but said the
federal government does. Barbour spokesman Pete Smith would not say
whether the governor has taken a stand on the bill.

Attorney General Jim Hood said current law allows for a tax evasion
charge, but pursuing it can be bureaucratic.

Senate Judiciary B Committee Chairman Gray Tollison, D-Oxford, who
handled the bill in the Senate, said there are often signs of
violations, but law enforcement officers don't necessarily have the
tools to go after them.

"If they see a lot of money coming in, expensive homes and cars and
things of that nature, they can look and see if these particular
people are reporting that kind of income and prosecute them under tax
invasion," he said.

Gangster Al Capone reputedly killed more than 20 people during
Prohibition, but he never served time for murder. Treasury agents,
however, eventually built a case against him based on tax evasion, and
in 1931, a jury convicted him. He was sent to prison for 11 years.