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Criminal Case (Tel Aviv) 59453-07-19 State of Israel v. Avi Motula - part 3

July 22, 2020
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Defendant 15, a general partnership of Super Ceramics Home Finishing Products (hereinafter: Super Ceramics), was established on December 31, 2012, and was wholly owned by Negev Ceramics and Via Arcadia.  This defendant also confessed and was convicted.

Negev Ceramics, Via Arcadia and Super Ceramics were engaged in the production, marketing and distribution of home décor finishing products, and together with other subsidiaries of Negev Ceramics, they formed the Negev Ceramics Group (hereinafter: the Negev Ceramics Group).  The financial statements of all the companies in the Negev Ceramics Group have been consolidated in the consolidated financial statements of Negev Ceramics.  During the period relevant to the indictment, the Negev Ceramics Group was held by the wholly, direct and indirect ownership of Africa Israel Industries, and its financial statements were consolidated in the financial statements of Africa Israel Industries.

The companies are being blamed as a result of their organs' actions.  Below I will describe the human defendants.

2.1.b.  Mr. Avi Motula – Defendant 1

Before describing Defendant 1 and the offenses attributed to him, I will emphasize that Defendant 1 denies everything attributed to him in the indictment, but confirms what is stated in this section of the sentence regarding him.

Mr. Avi Motula (hereinafter: Mr. Motola or Defendant 1) served as CEO of the Negev Group between the years 2007-2015.  From 2012 to 2015, Mr. Metulla also served as CEO of Africa Israel Industries and Chairman of the Board of Directors of Via Arcadia.  In addition, since 2013, he has served as Chairman of the Board of Directors of Negev Ceramics.  Mr. Motola has a business and accounting understanding within the meaning of the law.  In his roles, Mr. Motola signed the financial statements of Africa Israel Industries, Negev Ceramics, Via Arcadia and Super Ceramics.

According to the indictment, the duration of Mr. Motola's tenure, his salary, his annual bonus and the options given to him were affected by the performance of the Negev Ceramics Group and Africa Israel Industries and the achievement of the Negev Ceramics Group in its goals.

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