Not only was this statement incorrect, since the Department for the Investigation of Police – it and no one else – requested and received temporary seizure orders against Malka on May 7, 2015, for the purpose of forfeiture, but even worse: The Department for the Investigation of Police refrained from executing these orders issued at its request against Malka, while it was executing the temporary economic assault orders against Fischer from that day. This fact was also not disclosed to the court, not when Fischer sought to cancel the temporary orders against him in 2015, nor when Fischer's request to review investigative materials in connection with the issuance of orders against Malka was discussed in 2017.
Moreover, the issuance of the temporary warrants against Malka and Fischer on the same day, as a means of preparation for an economic attack against both of them, is consistent with search warrants that the Department of Investigations requested and received from the Magistrate's Court on April 27, 2015 v. Malka, Fisher and the State Committee (P/92). The three were arrested two days later (April 29, 2015); Nevertheless, after the arrest, a search warrant was executed at Fischer's home (on May 11, 2015 – P/176, P/196(a)-(b), P/228, P/444) and not at Malka's home. The only possible explanation for the different attitude towards the two by the Department for the Investigation of Police – both with regard to the implementation of the search warrants and with regard to the implementation of the temporary warrants for the seizure of assets – is the relief given to Malka, even during his interrogation and prior to the filing of the indictment, in exchange for his incriminating version (which, as noted, he began to give on May 4, 2015; see also p. 7970 of the transcript, the testimony of Dror Ta-Shema (hereinafter: Audio Cell), who initially served as acting head of the investigation team and later as deputy head of the team).
- In this context, the attempt of the head of the investigation team, Dubi Scherzer (hereinafter: Scherzer), to base the failure to implement the temporary seizure orders against Malka on the findings of an economic investigation conducted by the Department for the Investigation of Police regarding the extent of his property (see, for example, his testimony at pp. 16174-16165).
The only economic investigations in Malka's case, for which evidence was submitted, were conducted by the Department for the Investigation of Police in July and August 2014 (P/340-P/343). When the Department for the Investigation of Police requested a search warrant against Malka at the end of April 2015 and the beginning of May 2015, despite the responses it received in the summer of 2014 regarding the scope of his property, it cannot claim that its failure to execute the orders specifically against Malka – while it executed the orders against Fisher shortly after his arrest on April 29, 2015 – stemmed from the difference in the scope of the two's property.