Paris (AFP)
The prosecution requested on Tuesday a firm prison and ineligibility against the mayor LR of Levallois-Perret Patrick Balkany for money laundering and illegal taking of interests, but waived asking for his immediate imprisonment in view of his degraded state of health.
To punish "one of the most serious breaches of integrity", the public prosecutor's office requested five years in prison, including one year suspended and ten years ineligibility against the mayor of this affluent town in western Paris, whom he has been running almost continuously since 1983.
The advocates general also requested "the provisional execution of this additional penalty" of ineligibility, in the name of "the restoration of social balance". And this despite the announcement of the Balkany, figures of the French right, to give up running for municipal elections in March.
On the other hand, taking into account recent medical expertise showing a general deterioration in the health of Patrick Balkany, 71, the prosecution did not require a warrant for hearing. Hospitalized almost continuously since mid-December, the former baron of Hauts-de-Seine did not attend his appeal trial in Paris.
Unlike Isabelle Balkany, 72, wife and first deputy of the mayor, the public prosecutor's office requested four years in prison, two of which were suspended and also ten years of ineligibility.
He noted that the acting mayor - since the incarceration of her husband in September - had "admitted a fault", even if, often absent or opposing her right to silence, she had "reserved most of her energy in court media".
The public prosecutor's office also asked for the seizure of the couple's property, in particular the luxurious mill of Giverny (Eure) of which they retain the usufruct.
The Balkany are suspected of having concealed 13 million euros in tax revenue between 2007 and 2014, including two sumptuous villas, Pamplemousse in Saint-Martin and Dar Guycy in Marrakech.
- "Breadcrumb" -
If they have recognized some "faults" and the property of the West Indian villa, they vigorously contest the amount of the assets in question and pride themselves on never having diverted "a penny of public money".
The couple persist in denying the possession of a riad in Marrakech despite the robes embroidered with the initials "PB", autographed books, furniture paid for by Isabelle Balkany found in the Saharan villa.
At first instance, the court had sentenced Patrick Balkany to five years in prison for aggravated money laundering, with immediate imprisonment, and his wife to four years of imprisonment but without a warrant, having regard to his fragile health. Both had been sentenced to ten years of ineligibility and their property had been seized.
This heavy sentence was added to the prison terms imposed for tax evasion: four years for him and three years for her.
In a two-voice indictment, Bruno Revel and Serge Roques noted the ingenuity of the chosen arrangements, favoring, through a string of offshore accounts, the "know-how of the Swiss fiduciaries" and the guarantee of "opacity" offered by Panamanian societies.
"We must deploy a breadcrumb trail" to link all the accounts without getting lost, noted Bruno Revel. He described the complexity of the operations surrounding the acquisition of the riad, bought in January 2010 by a Moroccan SCI, itself owned by a Panamanian shell company whose bearer securities were sheltered from a Swiss safe .
The French State, the sole civil party at the trial, asked for confirmation of the sum obtained at first instance, namely one million euros in damages, to be paid jointly and severally by all the money launderers: in addition to the Balkany spouses, their son Alexandre and two faithful of the mayor of Levallois, who did not appeal and whose criminal convictions are final.
If convicted, the Balkanys could appeal to the Court of Cassation. This appeal would be suspensive, except if the court of appeal issued arrest warrants and if provisional execution was ordered.
Wednesday, speech to the defense for the last day of the debates.
© 2020 AFP