Hearing and Determination of Charges 3 - 7
Charge No. 3
- The common denominator of indictments 3-7 lies in the ordering of goods from various suppliers abroad, where, according to the prosecution, the orders were made for corporations pretending to be the territories of the Palestinian Authority, with an agreement to pay for them through a bank operating in the territories of the Palestinian Authority, using the method of documents to collect them. This was done with the intention of taking the goods illegally, without paying any consideration for them. The method of alleged fraud is identical in all charges 3-7, i.e., stamping a forged stamp of the collecting bank on the bill of lading and presenting a forged bill of lading, next to a fake bill of lading, to a customs broker, in order for him to prepare an import and release of the goods, without paying the consideration. The argument is that the offenses included in Charges 3-7 were committed under aggravated circumstances, taking into account their sophistication, the large scope of the forgery and fraud, and the fact that they were the result of a planned, systematic and prolonged effort. In addition to the fraudulent offenses, according to the prosecution, tax offenses were also committed, even under aggravated circumstances.
The third charge is attributed to Defendant 1 and Yehoshua Shlosh, whose case will be heard separately. The supplier in this indictment is Rasco, from Hong Kong, and the goods ordered are car audio systems. The client, allegedly, is a company ICC From Beit Jala. On the basis of the evidence presented to me, and which was not contradicted by the defendants, I determine that a corporation in the name of "ICC" It does not exist in reality, since no indication of the existence of this company was found in the documents that were presented to me, and whose reliability can be guaranteed. First and foremost, it is possible to rely on the testimonies of the Arab Bank personnel, especially Adv. Naim Fadel, the bank's legal advisor, who handled the affairs on behalf of the bank, the subject of charges 3-7. According to him, a comprehensive examination conducted at the bank's branches and the offices of the Palestinian Authority's Registrar of Companies revealed that there was no company in the name of the "ICC". Like-In addition, various correspondences were presented between officials at the Arab Bank, which indicate that a company with this name does not exist in Beit Jala and is not known to the bank's management at all. Therefore, it can be determined, beyond any reasonable doubt, that the ICC, which is relevant to Charges 3-5 and-7, does not exist and that the use of its name is intended to enable the removal of the goods from the suppliers, fraudulently.