Dealing with the Indian Company
- As for the transaction with the Indian company - as a background to the claims on the matter, we clarify that Tsafrir refers in his affidavit to a partnership agreement dated May 11, 2021 between Cohen Holdings and Iris Marketing. As part of the agreement, the parties agreed on cooperation and full partnership in the transactions with the companies mentioned in the document (Nomitor Holdings in a tax appeal and Supergum/Impartec Industries Ltd.), with an equal distribution of profits (50%) in each product sold to these companies (Appendix 32 to Tsafrir's affidavit). It was further noted as follows:
"We, the undersigned, hereby declare that we agree and approve the cooperation and partnership with Cohen Holdings/Moshe Cohen and the criminal appeal of the company's undertaking has been agreed that:
- Cohen Holdings will receive a commission for each and every transaction in the present and future as of the date of this document, which will be executed between the companies mentioned in this document and Iris Marketing.
- The amount of the commission agreed upon between the parties will be 50% of the general profit and/or another amount that will be determined in advance and signed before the transaction is approved.
- This Agreement is not limited in time and is binding on the parties in any present and future transaction.
- To the amounts, a tax appeal will be added to the law, and a tax invoice will be submitted.
- This agreement is signed and personally guarantors, Avi Matzliah ID XXXXXXXX, and Yaakov Moas XXXXXXXX.
- If one of the parties violates the agreement detailed in this document, they will be required to pay a penalty of 100% of the total profit amount for each and every transaction executed. This clause is acceptable and agreed upon by both parties..."
- Avi and Yaakov are the signatories of the aforementioned agreement. Following this partnership agreement, a transaction invoice in the amount of $1,404,000 was attached in the name of Numitor Holdings Ltd. It should be clarified that Cohen Holdings and Moshe Cohen are not signatories to the partnership agreement.
- Attached to Appendix 33 was an email dated May 18, 2021 that my father forwarded to Yaakov, which reads as follows:
"Yaakov Shalom