According to the prosecution, although the orders were allegedly made for Palestinian companies, the real destination for receiving the goods was none other than defendant 4, Avi Kalmaro, through the company OPCI. The prosecution learned about this from the testimony of defendant 3, who recounted, regarding the computers, the subject of the seventh indictment, that defendant 1 told him that all the technical details would be provided by Avi Kalmaro: "... And he said we'd have a meeting with Avi Kalmaro, who is his technical man, at the Daniel Hotel, and he said if you need to know the data and details of the computers..." (p. 4464 of the transcript, paras. 12-14). The prosecution also learned about this fact from the fact that the proforma account, the subject of indictment 7 (P/387), was in the possession of defendant 4, and from the fact that the goods were sold by the OPCI at prices lower than the supplier's price abroad, as well as from the fact that defendant 4 received a shipment of dummy goods, as described in the sixth indictment.
The prosecution is of the opinion that defendant 4 was a full accomplice in the fraudulent acts, and that he should be convicted as the main perpetrator, but alternatively, the prosecution seeks to convict him of the offenses of receiving assets obtained in the crime, according to Section 411 Law The Penalties, due to the fact that he knew that the assets were obtained fraudulently, without being paid for them to the supplier.
At this stage, and for the purpose of presenting the factual basis, I determine, on the basis of circumstantial evidence presented by the prosecution, that the goods that are the subject of the fourth indictment were ordered for defendant 4, Avi Kalmaro, and certainly not for any company from the Palestinian Authority, whether it is ICC And whether it's PRL.
The alleged fraudulent scheme against the suppliers also included, according to the prosecution's version, the provision of false bank details, in order for the supplier to speak with an impostorous banker, in order to convince him that it was indeed a banker, waiting to receive documents for collection. This is in order to satisfy the suppliers, and to encourage them to carry out the transaction by shipping the goods to Israel, and sending the documents to the collector.