Second, Fischer's message at the first meeting was not that the only way for Hassan to get out of the investigation was by paying bribes. In addition to saying at the same meeting that if Hassan paid the bribe to the parties involved in the investigation, Fischer would make sure to 'kill the affair,' Fischer added: "And if you decide not to, then we will deal with it alone" (Section 6).
ThirdIn that first meeting, Fischer knew how to tell Hassan that he was going to Be Investigated. Fischer did not speak to Hassan about the arrest at the time, nor did he hear from Malka that Hassan was about to be arrested (paragraphs 4-5). Only on May 26, 2014, did Fischer learn for the first time, from a WhatsApp message that Malka had written to the state's witness, that Hassan would be arrested the next day.
Fourth, the fact regarding the arrest had a significant impact on the content of the bribe offer. This is evidence that while Fischer's offer to Hassan in their first meeting before the arrest spoke in general terms about the payment of money, without Fischer specifying the amount (section 6), in the third meeting that took place on June 15, 2014, about two weeks after Hassan's release from detention, Fischer gave a sum of $150,000 (section 11).
Fifth:, the amended indictment does not indicate an intelligent, let alone sophisticated use by Fischer of the information he received from Malka in February 2014 regarding the existence of the "Mishuk Affair" and the "Arbitration Affair" and the fate that was planned for these affairs. The amended indictment does not attribute to Fischer any concrete mention of the two affairs in any of his meetings with Hassan. At the first meeting, they "Talk about the investigation" (paragraph 6), without further elaboration. Even in the meeting between them on June 22, 2014, three days after Hassan was interrogated with a warning on June 19, 2014 about the Mishuk affair, Fischer did not make use of his knowledge of it (paragraphs 14-15). Such conduct is far from demonstrating proficiency in the secrets of the investigation, as alleged.