Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 2

November 30, 2005
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Another shipment of drugs was organized, according to prosecutors, in 2001.  In one transaction made that same year, the appellant invested the sum of $125,000.  For some unknown reason, the transfer of the drug to the United States was delayed.  Dadosh questioned Fogel on the matter and gave the results of the investigation to the appellant.  As the delay dragged on, the appellant's patience ran out, and in a meeting between the three, which was organized at his request, he pressured Fogel and demanded his profits.  A few days later, it was learned that the matter had been resolved ( paragraph 15c of the plaintiff's affidavit; paragraphs 11-12 of Dadosh's affidavit).  In the second transaction, the appellant's share was 250,000 drug tablets, for which he paid between $150,000 and $200,000 (paragraph 13 of Dadosh's affidavit).  Dadosh made travel arrangements to the United States for two: Israel Ashkenazi (hereinafter - Ashkenazi) and David Roash (hereinafter - Roash).  They rented an apartment in Manhattan where the drug was stored, but the gang had trouble locating buyers.  Then another person entered the picture - Shem-Tov from my letter (hereinafter - my letter), an acquaintance of the appellant, who had met in the countries

The Alliance with One, Mordechai Cohen (hereinafter - Cohen), and told him that the appellant - "the strongest man in Israel", as he put it, for whom he works - needed assistance in distributing a large quantity of Ecstasy tablets in the United States.  Cohen enlisted to assist (paragraphs 15d-15e of the plaintiff's affidavit; paragraphs 13-16 of Dadosh's affidavit).  He contacted his friend, Patricio Vives (hereinafter - Vives), who was in Colombia at the time, and asked for his help in locating buyers.  The effort was successful and two buyers of the drug were identified.  The appellant passed on their details to Dadush and instructed him as to the scope of the transactions and the sums of money he expected to receive.  Dadosh, in turn, briefed Roash and Ashkenazi according to the instructions given to him by the appellant (paragraphs 16-17 of Dadosh's affidavit).  After the first sale was made, Cohen spoke on the phone with the appellant, who assured him that he was "behind the transaction".  The appellant even gave Cohen his telephone number and instructed him to call him directly if something went wrong ( paragraph 15f of the plaintiff's affidavit; paragraphs 2-7 of Cohen's affidavit, which was also attached to the extradition request).

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