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 3

August 28, 2019
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Is it possible to see in Ben's testimony-Eliezer in the tax appeal as"An action related to his position"?. 89

The offense of bribery - Conclusion.. 92

Money Laundering Offense. 92

Defendant 2 - Conclusion. 93

Second Charge (attributed to the defendant 3) 94

The main points of the indictment 94

The Arena of Dispute. 96

Discussion and Decision.. 98

Overview.. 98

About a Defendant 3, His character and the conduct of his first interrogation.. 98

About the Defendant 98

The defendant's summons for interrogation and the conduct of his interrogation.. 99

The Relevant Facts  99

The Parties' Arguments in the Context of the Defendant's Interrogation   101

The conduct of the defendant's interrogation - Deliberate denial of rights, Minor malfunction or "Tolerable Trick"?. 102

On the Meaning of a Warning Interrogation   102

From the general to the individual 105

Implications of the Defendant's Interrogation   108

The various arenas of controversy - Discussion and Decision. 109

The strength of the friendship between a son-Eliezer to the Defendant 109

The person behind the first money transfer (260,000 Q"VIII) 112

Overview   112

The relevant evidence and its weight assessment 112

The person behind the first money transfer - Conclusion  120

B&E Company Activity, The extent of the assistance given to her by Ben-Eliezer, The Significance of the Assistance for the Company's Operations, and the significance of the assistance for the defendant 121

Overview   121

B&E Company Activity, The agreement - QIZ, and the difficulties encountered by the company  121

Refer to White-Eliezer and the Scope of the Assistance He Provided to B&E   124

The Significance of Assistance for the Defendant 126

Is Ben's action-Eliezer is a deviation from the norm?  127

Is there a causal connection between the assistance provided by Ben-Eliezer for the second transfer of funds?   128

Defendant 3 - Conclusion   133

Conclusion  134

 

Overview

  1. The original indictment filed in the proceeding contained five charges. All the charges were attributed to Binyamin Ben-Eliezer, may his memory be blessed (hereinafter – Ben-Eliezer) who died in the early stages of the proceeding, and after his death – the indictment was amended in such a way that charges 4 and 5 that were attributed to him were deleted.

Defendant 2 to whom the indictment attributed, As part of the first indictment, the offense of bribery according to Article 291 of the Penal Law, 5737-1977 (hereinafter – Penal Law) and the offense of the prohibition of money laundering, according to Section 3(a) of the Prohibition of Money Laundering Law, 5760-2000 (hereinafter – Prohibition of Money Laundering Law) He denied his guilt.

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