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Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 175

September 13, 2011
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The prosecution's arguments regarding the eighth charge

  1. At the beginning of its arguments, the prosecution seeks to acquit defendant 4, Avi Kalmaro, as an accomplice to the offenses committed in the framework of the eighth indictment.

In its summary, the prosecution claims that it has proven beyond a reasonable doubt that the Piccolo company-It was Wine, and not any other importer, that ordered the goods that are the subject of the eighth indictment from Ofsa, according to the quantities and agreements between it and Ofsa.  None of the following companies: OPCI, Swela Trading Ltd., Danidov on appeal Taxes Or Plans from Belgium - was not related to the order.  The orders were made by Defendant 5, Roberto Wagman, and Defendant 6, Yigal Fadlon, on behalf of Piccolo-For wine and for her.  It was further argued that it was proven that the companies Svila and Danidov were shell companies that defendant 1 purchased from Kobi Zoaretz and Avi Ben Nissan, for NIS 50,000, in order to use them to carry out the offenses that are the subject of the indictment.  In the letters of credit written in favor of Repsa the supplier is required to issue the accounts in the name of the company OPCI, which is not known to Ofsa and does not mention the order documents and the correspondence between her and Piccolo-Line.  The lawsuit further claims that the goods were sent to Israel, the letters of credit were paid and the banks transferred the bills of lading as requested by the account holder, Roberto Wagman.  The false import invoices, which are based on fake supplier accounts issued by Planes in Belgium, were filed by Danidov Ltd., which was fraudulently presented as the supplier of the goods.  The prosecution claims that Yigal Fadlon, defendant 6, was the one who acted on Danidov's behalf, while presenting a power of attorney whose origin is unclear.  The price of goods in Plan accounts is about a third lower than the actual price paid to the Opsa supplier, through the letters of credit.  As a result, import taxes were omitted at a significant proportion of the cost of goods.  Piccolo Company-The line "purchased" the goods in Israel from another shell company, Sevilla Trading Ltd., against tax invoices and while paying in checks that were converted on the part, and were redeemed in cash.  Checks in an amount equal to the amount of the tax evasion were not presented for payment at all.  The prosecution claims that it proved that Defendants 1, 5 and-6 were accomplices in the fraudulent operation.  According to her, Defendant 5 was behind Piccolo-Line, even though formally the company was registered in the name of Yigal Fadlon.  Defendant 5 was the actual importer, when Piccolo-Lane was used by him for the purpose of carrying out the imports, and he was the owner of the economic interest behind the fraudulent acts and the main beneficiary of them.  The prosecution further claims that defendant 5 was involved in all the transaction proceedings except for the customs clearance, which was done through customs brokers.  The contact person with the customs brokers was defendant 6.  According to the prosecution, Roberto Wagman held in his office the stamps of companies related to the fraud, OPCI And Sevilla.

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