against him, Levine related, but were dismissed at the preliminary hearing.  In this taped conversation, Levine explained the arrangements he had with attorney Murphy for his defense.  The substance of it was that Murphy allegedly fixed the state's case against him.  In return for that successful outcome, Levine did not pay Murphy any substantial cash amounts, but instead paid in jewelry, "$10,000 in diamonds all the time."    Cash payments to Murphy were also unnecessary because, in Levine's own words, "if he got me off ... he was my partner in the gold deal."    Levine concluded by saying that Murphy had told him not to do anything for awhile about his out-of-town safety deposit boxes full of the fruits ofhis fraudulent scheme.

Attorney Conflict of Interest

5
Levine casts the issue on appeal in two forms, conflict of interest, and integrity of the judicial system.


6
Following his entry of a not guilty plea in May 1983, Levine moved in July 1983 to substitute William P. Murphy and Thomas Peters, Murphy's partner, as his attorneys in place of the Public Defender.  The government, relying on Levine's taped comments implicating Murphy in illegal activities, opposed the substitution on the ground that Levine was creating a conflict of interest with Murphy as his trial attorney.  Levine's response to the government's objection was a motion to suppress the tape on the basis that his recorded references to "Murphy" as his attorney in the state case would prejudice his defense in the federal case.