According to him, the number of offenses committed, the duration of their execution, their repetition, and especially the extraordinary number of organs and junior employees who took part in the commission of the offenses, indicate that this is not a specific failure in the supervisory mechanisms of the defendants, but rather of the defendants who had an organizational culture of committing offenses. Therefore, according to him, since the basis of the theory of organs is the deterrence of the individual and the many and the encouragement of corporations to maintain enforcement mechanisms that will prevent the commission of offenses by their organs, it is clear that the absence of this mechanism among the defendants and the existence of a criminal culture necessitates a stricter treatment of the defendants.
On the other hand, counsel for the accuser insisted that the voluntary disclosure of the companies and their cooperation with the authorities was also exceptional, which necessitates a significant reduction in their punishment.
Counsel for the accuser referred to the indictment according to which, immediately upon the dismissal of Defendant 1, Avi Motola, who was the CEO of Negev Ceramics on behalf of Africa Industries, organs of the defendants began to report offenses committed to Africa Industries. As a result, the entire group began to conduct extensive tests. The examinations were carried out through internal parties and through its auditors. Later, the companies turned to other external parties in order to deepen the investigations and hired an external auditor and a private investigation agency for this purpose, while the defendants' employees were asked to cooperate with the examiners. In addition, as soon as the suspicions became known to the group, and upon the aforementioned tests were carried out, the group reported its discoveries in real time, both to the public and to the enforcement authorities, and continued to update them on the developments in the investigations.