Caselaw

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

November 30, 2005
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After the successful completion of the deal, Vivos contacted Cohen and told him about his friend from Miami, Juan Carlos, who was also interested in buying drugs from the gang.  What they did not know was that Carlos served as an informant for the Miami Police Department and the U.S.  Drug Enforcement Agency (DEA), and that his activities were carried out as part of an intensive U.S.  effort to expose the affair and arrest those involved (paragraph 7 of the affidavit of Robert Dick, a DEA task force officer (hereinafter: Dick).)).  Cohen called the appellant directly and informed him of the offer that had been received.  After deliberations, it was decided to accept the offer, and it was agreed that the deal would be carried out in New York.  Carlos informed Cohen that he or one of his representatives would arrive in town and gave him the phone number of one of them, George, also an undercover police informant posing as the buyers' representative.  Cohen updated the appellant on an ongoing basis regarding the progress of the process ( paragraphs 15H-15J of the plaintiff's affidavit; paragraphs 8-11 of Cohen's affidavit; paragraphs 19-20 of Dadosh's affidavit; paragraphs 8-12 of Dick's affidavit).  On July 16, 2001, Roach gave George a sample of the drug tablets.  Investigators followed him to the Manhattan apartment building and searched the apartment.  About 700,000 Ecstasy tablets (totaling 182.8 kilograms) and $187,000 in cash were discovered at the site.  Roash and Ashkenazi were immediately arrested for conspiracy and possession of a dangerous drug.  On the day of his arrest, Dadush tried to contact the two to find out if the deal had been successful.  When he did not respond, he reported this to the appellant, who called Cohen and instructed him to find out what had happened ( paragraphs 15i-15m of the plaintiff's affidavit; paragraph 12 of Cohen's affidavit; paragraph 21 of Dadosh's affidavit; paragraphs 14-16 of Dick's affidavit; paragraphs 2-4 of the affidavit of Luis Alvarez, a detective in the New York Police Department, who was attached to the extradition request).

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