Albert Levy (magistrate)

Toulon-native mixing business and politics

Albert Levy was named in Toulon in 1991. Sometimes its work on the organized crime directs it towards the town hall of Toulon and the general advice of the Var. In spite of its efforts, tens of businesses disappear and evaporate in withdrawals of case.

In 1995, Jean-Marie Le Chevallier (FN) is elected with the town hall of Tulon. Albert Levy is regularly the subject of attacks anti-semites in the local press and the death threats by anonymous mails. The chancellery is alerted, but the Minister of Justice Jacques Toubon makes the deaf person ear. The public prosecutor of Toulon remains dumb, just like the prefect of the VAr Jean-Charles Marchiani.

In 1998, the tension is with its roof and the lawsuit of the assassins of deputy FN Yann Piat must open. The Levy substitute does not believe in the official thesis of a vulgar settling of score of gangsters and the fact knowledge on several occasions.

Business of the escapes

April 16th, 1998, of the extracts of official report are published in the weekly magazine VSD . A Toulon-native business man, Catalano Saver, claimed there that a subsidiary company of Vivendi would have poured a bribe with the Toulon-native town hall (then held by the FN) to obtain the market of the school canteens.

In 1998, Albert Levy was continued for breach of professional secrecy whereas it was substitute of the public prosecutor of Toulon. Albert Levy was suspected of having given to the journalist Claude Ardid the official report of the hearing of the business man Sauveur Catalano, witness-key of the scandal of embezzlement to the school canteens of Toulon.

In this article, municipality FN was shown to have profited from embezzlements by a company candidate with the attribution of the market of the school canteens of the city. The name of Albert Levy starts to circulate. It would count among his friends Claude Ardid, joint author of a work on the Affaire Yann Piat accrediting the thesis of an political assassination and container of the parts of instruction.

Albert Levy denies the facts and estimates to have been victim of anti-semitism and political operations. Albert Levy known as to have been victim of retortion because of the procedures which it had initiated with the parquet floor of Toulon against mayor FN of the time, Jean-Marie Le Chevallier, and her wife.

Instruction

An instruction is led to Paris by Marie-Paule Moracchini. She leads at the end of 1998 to phone-tappings, a searching in the residence of Albert Levy, her placement as a police custody and under judicial control with care obligation psychological, a measurement cancelled then in call.

Placé on phone-tappings, supervised, filmed to its knowledge, Albert Levy will not give any index making it possible to the investigators to accredit these suspicions. It is not that on the basis of consent of Claude Ardid, undoubtedly negotiated by the investigators, that it will be finally blamed.

In September 1998, Marie-Paule Moracchini places Albert Levy as a police custody. She issues the obligation of a psychiatric treatment for " paranoia " , and prohibits to him to go to the Law courts. A counter-evaluation reduced in crumbs the medical diagnosis.

By twice, the court of criminal appeal of the Court of Appeal of Paris repudiates Moracchini judge, estimating that its investigation had not been led in a regular way.

In January 2000, in spite of two cancellations of procedure pronounced by the court of criminal appeal of the Court of Appeal of Paris, the examining magistrate Marie-Paule Moracchini signs a new setting in examination of Albert Levy for " violation of the secrecy of the instruction ".

For the Trade union of the magistrature, this procedure raises " of a foreign eagerness to any spirit of justice and of a pure logic of payment of comptes".

Lawsuit

Albert Levy appeared in September 2006 before the magistrates' court of Paris (17th Criminal Court). A fine of 3.000 euros was necessary on October 10th, 2006 by the François Cordier prosecutor, who also required a fine of 2.000 euros against the journalist Claude Ardid. The judgment was put on of deliberated.

November 14th, 2006 the magistrates' court of Paris released Albert Levy as well as the journalist Claude Ardid.

Business of slandering

The examining magistrate Marie-Paule Moracchini had continued in slandering Anne Crenier, then president of the Trade union of the magistrature, which denounced the eagerness of this examining magistrate towards Albert Levy and the disproportionate character of the measurements taken against this last. Anne Crenier was released on June 27th, 2007 by the magistrates' court of Lille.

References

necessary Fine against a Toulon-native ex-magistrate, '' Nouvel Observateur '' of October 10th, 2006
a procedure which lasts against the Levy prosecutor, Libération, October 13rd, 2004
Which wants the skin of Albert Levy? , Humanity, May 31st, 2000
the strange judicial control imposed on the Levy substitute, Release, October 1st, 1998

Chronology

the January 8th 1991, Albert Levy takes his functions of Substitut of the prosecutor to the Court of Bankruptcy of Toulon.
the March 9th 1998, it understands by official report a witness, Mr. Catalano, who reveals facts of bribes likely to him to blame of the personalities.
the April 16th 1998, the weekly magazine VSD publishes elements of this official report; the Procureur of Toulon opens a Information against X for violation of the secrecy of the instruction, entrusted to Mr. Thierry Roland, Examining magistrate.
the April 27th 1998, the prosecutor of Toulon seizes supplétivement the Examining magistrate for flights and concealments; this qualification allows, in right, the installation of phone-tappings.
the July 7th 1998, after “expatriation” of the file, the Procureur of Paris seizes supplétivement the qualified Examining magistrate from now on, Mrs. Moracchini, always against X, of violations of the secrecy of the investigation and the instruction, breaches of professional secrecy and concealment and, against certain named people, an infringement to the right of the press now amnestied.
5 and 6 (Sunday) September 1998 - Mrs. Moracchini carries out a displacement in Toulon, searches the residence and the office of Albert Levy, the fact of placing as a police custody, then the met in examination for violation of the secrecy of the instruction before subjecting it to a Judicial control with prohibition to go to the Law courts of psychiatric Toulon and care obligation.
on October 1st 1998, the Chambre of the instruction of Paris cancels most of the Judicial control.
the February 26th 1999, Albert Levy takes his functions like substitute with Lyon. Possible professional advance to which it could claim is blocked by its setting in examination… until definite decision on the bottom…
on April 1st 1999, the Chambre of the instruction of Paris cancels a substantial part of the file.
the January 18th 2000, considering the above mentioned decision, Albert Levy is again put in examination, with the visa of article 83 of the Criminal procedure code relating to the serious or complex businesses, and three examining magistrates of Paris from now on are seized by the file.
the March 14th 2003, Albert Levy is returned in front of the Magistrates' court of Paris (17th room of the TGI).
the March 18th 2004, the court decides that he will come to a conclusion the May 4th 2004 about the nullities raised by Henri Leclerc and Alain Jakubowicz, the lawyer S of Albert Levy.
the May 4th 2004, the president of the 17th room returns his decision: he cancels the near total of the procedure and fixes the next audience at the July 6th 2004 (relay goes down for hearing, intended to fix a latter date for the examination on the bottom of what remains file).
In May 2004, the parquet floor interjette call of the preceding decision which was however in conformity with its clean Réquisition S with the audience of the March 18th.

The audience of the Court of Appeal is fixed at the Tuesday, June 22, 13:30, the 11th room of the Court of Appeal of Paris.

The pun anti-semite of the APM

Albert Levy was the object of a pun anti-semite (“ As well goes Levy to the furnace as at the end it burns ”) in the newspaper of the Professional association of the magistrates (APM) by one of his leaders, Alain Terrail.

The Professional association of the magistrates is an union of magistrate close to the RPR, which was active in the years 1990. It counted among its leaders Alain Terrail, Yves Bot, Marc Moinard, Georges Fenech, Alexandre Benmakhlouf.

References

Levy-APM Business: Pains confirmed in call for a former high-ranking magistrate, Associated Press , February 14th, 2002
Two magistrates appear in Paris for “racial insults”, Humanity , 29 ptembre 2000

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