Caselaw

Criminal Case (Tel Aviv) 4637-12-15 State of Israel – Tel Aviv District Attorney’s Office (Taxation and Economics) v. Binyamin Fouad Ben-Eliezer (Proceedings Stopped Due to Death The Defendant) - part 22

August 28, 2019
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Arenas of Dispute and the Outline for Deciding on Them

  1. The defendant does not dispute that on September 26, 2011, he transferred NIS 1,490,000 to Ben-Eliezer's account, and the main dispute focuses on the purpose underlying the transfer of the funds, whether an improper purpose (according to the prosecution) or a purely valid and friendly purpose (according to the defense).
  2. In order to decide the aforementioned dispute, I will examine the relevant evidence in two sections: (a) the nature of the relationship that existed between the defendant and Ben-Eliezer as one that could indicate the purpose underlying the transfer of the money to Ben-Eliezer; (b) "External" evidentiary indications that are also relevant to the examination of the goal.

(a)           The nature of the relationship will be examined while switching between different "time stations", in accordance with the factual systems alleged in the indictment and those clarified during the trial.  These factual systems, according to the prosecution, reflect a series of economic interests.

As part of the "First Time Station" I will outline the character of the defendant, and I will discuss the date and manner in which the relationship between him and Ben-Eliezer began in 2008;

In the framework of "The Second Time Station" , I will examine the claim that an economic motive accompanied the relationship from the very beginning, in light of the defendant's alleged intention to profit from a potential transaction between the State of Israel and Gazprom;

In the framework of "The Third Time Station" , I will examine the claim that in 2009 the defendant lent a significant sum of money to the adversary;

In the framework of the "Fourth Time Station", I will examine the claim that in the years 2010-2011 the defendant held a clear economic interest in connection with a drilling license at "Med Ashdod" and that Ben-Eliezer acted in order to assist him in promoting this interest;

In the framework of "The Fifth Time Station," I will examine the claim that in 2013 Ben-Eliezer enlisted to assist the defendant in the tax appeal, which is the result of various legal proceedings that began in late 2011.

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