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 41

August 28, 2019
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The Fourth Time Station - The Economic Interests and Actions Taken in Connection with Obtaining a Drilling License at "Med Ashdod" in the Years 2010-2011

The undisputed facts

  1. There is no dispute about the following basic facts:

(a) On January 19, 2010, ACC, whose activity was led at the time by Haim Leibowitz, submitted an application to the Ministry of Infrastructures for a drilling license off the coast of Ashdod, and on January 26, 2010, the professional committee found that ACC's application  was the best in relation to all the applications submitted (P/72);

(b) In  view of Leibowitz's position that it would be right for ACC to strengthen itself in a local group with financial strength, contact was made between him and Ben-Zaken, and during the meeting that took place between them, Leibowitz told him that the license was about to be granted to ACC, and offered him a partnership in the drilling venture;

(c) Ben-Zaken asked to consult by telephone with the defendant, who had knowledge in similar or tangential fields, and despite the defendant's objections, Ben-Zaken decided to enter into the joint venture together with Leibowitz, and a memorandum of understanding was even signed between them, according to which even a third party or an interested party would have the right to be part of the license (P/33).  There is no dispute that the defendant was planned to be part of the partnership, and what is stated in the memorandum made it possible to do so (testimony of Vaknin – Prov. p. 457, para. 16);

(d) Regardless of the conduct described above, on October 29, 2009, a group of foreign investors (ASTC) joined Manfim and the ownership of the company was shared by the same group, Ben-Zaken and the defendant;

(e) On February 8, 2010, the Petroleum Council, which operates under the Ministry of Infrastructures, decided to grant a drilling license to ACC;

(f) On February 15, 2010, ACC  was granted an Ashdod meter license, which allowed drilling for oil exploration at a depth of 5,700 meters, in an area called "387/Shemen";

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