| Tel Aviv-Jaffa District Court | |
| August 28, 2019 | |
| Criminal Case 4637-12-15 State of Israel v. Ben-Eliezer et al.
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| Before | The Honorable Judge Benny Sagi |
| The Accuser | State of Israel – Tel Aviv District Attorney’s Office (Taxation and Economics) |
| Against | |
| The Defendants | 1. Binyamin Fouad Ben-Eliezer (the proceedings were suspended due to the death of the defendant)
2. Avraham Nanikashvili By Attorney Nati Simchoni and Attorney Yoav Sanans 3. Roy Motsafi By Adv. Sassi Gaz and Adv. Shiran Golbari 4. Ayelet Azoulay (discussed) 5. Yaakov (Jackie) Ben-Zaken (adjudicated) 6. Charlie Yehuda (discussed) |
Verdict
Regarding Defendants 2 and 3
Overview 8
Summary of the Dispute Arena and the Structure of the Judgment 8
The joint chapters of the two charges 9
On the Offense of Bribery - Basics and Boundaries. 9
About Ben-Eliezer, Functions, and his medical condition at the point in time when the funds were transferred to him for-by the two defendants. 13
First indictment (attributed to the defendant 2) 15
The main points of the indictment 15
Arenas of Dispute and the Outline for Deciding on Them... 20
Discussion and Decision.. 22
- The nature of the relationship that existed between the defendant and his son-Eliezer as one who can teach about the purpose that underpinned the transfer of the money. 22
The First Time Station - Outlines of the Defendant's Character, The date and manner in which the relationship with Ben began-Eliezer. 22
The Second Time Station -The defendant's alleged intention to profit from a potential transaction between the State of Israel and Gazprom as early as 2010 2008, And near the beginning of the relationship.. 26
The Third Time Station - A loan to an adversary given, About-According to the claim, In the year 2009. 33
The Fourth Time Station - The economic interests and actions taken in connection with obtaining a drilling license in"Ashdod Meter" In the years 2010 - 2011. 37
The undisputed facts 37
Arenas of Dispute 40
Issues that are the basis for a decision in the arenas of dispute 40
The Defendant's Economic Interest in the Transfer of the Drilling Rights 40
The manner of cooperation between the defendant and Ben-Zaken with regard to the Shemen Company and the transfer of rights 41
On the Axis "Ben-Old man - Ayelet Azoulay", and its importance for adjudicating disputes 43
Summary of the discussion of issues that are the basis for decision in the dispute arenas 46
Decision in the Arenas of Dispute 46
The meeting between Shemen and senior officials at Noble Energy'J 46
Overview 46
The parties' arguments 47
Deciding on the question of how the meeting was organized 47