Some of the offenses were committed while the enforcement authorities were aware of them, and these enabled them to be committed;
Due to the personal circumstances of defendant 11 and the health and mental state of his son, there was no reason to file an indictment against him. All of this, along with the distortion in its inclusion in the indictment, as a result of attributing a money laundering offense, even though he is not the controlling shareholder of the company, and giving excessive weight to this offense;
At first, the defendants also raised a claim of protection from justice stemming from the filing of an indictment late due to the prolongation of the investigation and without the approval of the Attorney General. When the approval was received retroactively, some of the defendants abandoned this claim, and some argued that retroactive approval should not be accepted.
- The defendants, or any of them, also claimed that there were flaws in the indictment or in the attribution of offenses to the defendants, including the following claims:
Quoted from NevoIt is not possible to attribute to the defendants, both the offense of being a party to a restrictive arrangement and the offense of breach of the duty of supervision, since at the time the offenses were committed, the breach of the duty of supervision was not an independent offense. Alternatively, in relation to defendants 5 and 7, the duty of supervision was not breached because the offenses were committed by them, and not by other employees of the companies;
There is no reason to attribute an offense of fraud to the authorities, when it is claimed that it was committed after the investigation became public;
Some of the actions attributed to some of the defendants do not constitute an offense. Thus, for example, it was argued that, according to the accused, defendant 9 brokered the offense of a restrictive settlement, and therefore did not commit an offense of a party to the settlement;
Some of the sums attributed in the 28th indictment are less than the scope of the offense required for the purpose of attributing an offense of money laundering;