Caselaw

Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 173

September 13, 2011
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The prosecution claims that Danidov is a corporation whose registered shareholders are Avraham Sztgowski and Yoel Hirshhuit, who served as straw men, while the corporation was controlled by defendants 1, 5 and 6.

The sales accounts that were attached to the records are false and were forged on defendant 1 with the knowledge and for the defendants, with the aim of using them for the purpose of defrauding the tax authorities.  The lawsuit claims that the goods, which are the subject of the import licenses, were not purchased from the PLANAS S.P.R.L.  Rather, it is from an opsa notebook, and this is for much higher sums than those indicated in the false sales accounts.

In doing so, the defendants forged documents, used them and falsely declared the value of goods that were lower than the true value, thereby reducing the import taxes that they would have been liable for had it not been for the forgery and fraud.  Thus, the defendants evaded the payment of import taxes in the cumulative amount of NIS 425,000.  These amounts are estimated at the time of storage of the goods and do not include fines and arrears interest.

Whereas Defendants 5 and 6 and the Piccolo Company-The line was obligated to pay in full for the imports made by the Ofsa company, and in the absence of the possibility of making use of the invoices of the Ofsa supplier, the defendants supplied Piccolo-Line has fake and false invoices in the name of the Sevilla straw company, for the sale of the goods to Piccolo Line.  The lawsuit claims that the Swela accounts are fictitious and false and do not represent any real transaction.  In total, these are the Savilla invoices, which were used by defendants 1, 5 and 6, for the sum of NIS 3,742,112.

The prosecution further claims that defendant 1 and the Savilla company did not maintain books of accounts as required by the Section 66 Law From the"From.  In the tax years 1999-2000, defendant 1, on behalf of the Sevilla Company, and through the bookkeeper Yitzhak Basson, submitted false periodic reports according to which they had deducted from the tax they owe, for transactions carried out in the amount of NIS 4 million, input tax in the same amount in a manner that exempted them from paying VAT, and this not according to tax invoices that were lawfully issued to them.

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