In this context, it should also be noted that even before the lawsuit was filed in this proceeding, the German authorities opened an investigation regarding the company's relationship with one of the customers. In August 2021, Lahav was interrogated in Israel with a warning following a request for assistance from the German authorities (paragraph 4 of Lahav's affidavit attached to his response to the request to search the mailbox submitted on January 1, 2024; the company's request in this regard dated November 30, 2023, and the minutes of the hearing dated January 14, 2024). The company hired legal advisors in Germany to follow the proceedings, and later Lahav separately hired its own consultants. Lahav claims that the investigation currently being conducted by the German authorities was opened in 2023 and is not related to the investigation from 2021.
In addition to the directors, the company's attorney and other officers of the company participated in the compliance meeting on July 2, 2024. The meeting included a review by an attorney from the company's attorney's office on issues related to compliance, which arise in connection with the company's activities. At a certain point, Attorney General Lahav said the following:
"I think there is one end [the Shin Bet Gutman] explained it very well, and that is the business end. There is the other end, which is the criminal end. The needle will move anywhere between the edges, so that whoever performs the action will be responsible for that needle and the responsibility will be on him. And I agree with what [the decisive director] said, that there is no criminal indemnification. Therefore, as far as I'm concerned, whoever will do the action will do it. will complicate society. This has implications, he will complicate himself and take responsibility for himself... The company's management will act as it sees fit to act in the interim period... When it has consequences, it will eventually come to the door of the person who acted on the company... It's not a threat, it's just how society operates" (pages 26, 29 of the minutes of the July 21, 2024 meeting).